Prosecutors Hold Unmatched Leverage in High-Stakes Case Against Venezuelan Leader

By Brian Freeman | Sunday, 04 January 2026 05:20 PM EST
Prosecutors in the Southern District of New York hold overwhelming leverage in the criminal case against Venezuelan strongman Nicolás Maduro, leaving the defense with few viable options beyond constitutional challenges and court appeals, Harvard Law School professor emeritus Alan Dershowitz said on Sunday.

Speaking ahead of Maduro’s expected arraignment, Dershowitz stated the government’s position is unusually strong, both legally and procedurally, given the scope of the charges, the international dimensions of the case, and the court in which it is being prosecuted.

“The government has all the cards at this point, and they can play them,” Dershowitz said.

Dershowitz emphasized the reputation of the Southern District of New York as one of the most aggressive and successful prosecutorial offices in the country, particularly in complex criminal cases involving international actors, organized crime, and national security concerns.

“The Southern District is very tough on criminals,” he said, adding that defendants in that jurisdiction face judges and prosecutors with deep experience handling high-stakes cases.

According to Dershowitz, the defense’s available tools are limited, especially in the early stages of the proceedings. He noted prosecutors are likely to push aggressively on pretrial issues — including detention, asset seizures, and the scope of discovery, further narrowing Maduro’s options.

“The only card that the defendant has is the Constitution and the courts,” Dershowitz said, highlighting that appellate review in the Second Circuit is notoriously strict and often favors the government in criminal matters.

Dershowitz also explained that charging both Maduro and his wife significantly strengthens the government’s negotiating position, creating potential pressure for cooperation or a global resolution of the case. In similar prosecutions, he added, charges against spouses are frequently used to increase leverage in plea discussions.

“Prosecutors have all the leverage here,” Dershowitz said. “They can decide whether this becomes a joint case or whether one defendant is used against the other.”

The legal scholar noted Maduro would require highly specialized legal representation, not only in criminal defense but also in constitutional and international law, given the unprecedented nature of the case. However, even with elite counsel, Dershowitz said the path forward for the defense remains steep.

“This is not a typical criminal case by any means,” he said. “And when you’re in the Southern District of New York, you start the case at a disadvantage.”

The case is expected to move quickly through initial procedural stages, with bail, asset forfeiture, and pretrial motions likely to dominate the next phase of litigation.