Maduro seeks to have charges dismissed under immunity claims

"No American court has ever presided over the criminal trial of a foreign leader who was recognized by their own country as the sitting head of state at the time the charges were brought," Barry Pollack, a lawyer for Maduro who filed the declaration in federal court on Wednesday, said.

He said heads of state are "exempt from the criminal process of any national court" except in their own country, reflecting "a rule older than the common law."

"That immunity flows not from goodwill that can be withdrawn on a whim, but from the perfect equality and absolute independence of sovereigns," he said. "Thus, this Court lacks jurisdiction with respect to Mr. Maduro, who is recognized by the Bolivarian Republic of Venezuela as its head of state."

The lawyer argues that even if immunity were not given, the charges against Maduro would be moot because the Justice Department alleges the conduct he is charged with took place while he was a head of state. 

"This Court cannot defer to the Executive Branch’s apparent view that Mr. Maduro is not entitled to sovereign immunity -- either status or conduct-based," Pollack said. "Complete immunity for sovereign heads of state is a bedrock principal of customary international law and is firmly embedded within the common law. Foreign official immunity is analyzed through the application of common law. This unprecedented prosecution is in flagrant violation of common law principles."

In a separate court filing, Maduro's wife Cila Flores also said her charges were moot because she was a head of state. 

By Luke Barr