The US Department of Justice indictment of Venezuela’s kidnapped leader, Nicolas Maduro, is a political rant that relies heavily on coerced testimony from an unreliable witness. Despite DOJ edits, it could expose more Americans to the CIA’s own history of drug trafficking.
The January 3 US military raid on Venezuela to kidnap President Nicolas Maduro and First Lady Cilia Flores was followed by the Department of Justice’s release of its superseding indictment of the two abductees as well as their son, Nicolasito Maduro, and two close political allies: former Minister of Justice Ramon Chacin and ex-Minister of Interior, Justice and Peace Diosdado Cabello. The DOJ has also thrown Tren De Aragua (TDA) cartel leader Hector “Niño” Guerrero into the mix of defendants, situating him at the heart of its narrative.
The indictment amounts to a 25 page rant accusing Maduro and Flores of a conspiracy to traffic “thousands of tons of cocaine to the United States,” relying heavily on testimony from coerced witnesses about alleged shipments that largely took place outside US jurisdiction. It accuses Maduro of “having partnered with narco-terrorists” like TDA, ignoring a recent US intelligence assessment that concluded he had no control over the Venezuelan gang. Finally, the prosecutors stacked the indictment by charging Maduro with “possession of machine guns,” a laughable offense which could easily be applied to hundreds of thousands of gun-loving Americans under an antiquated 1934 law.
DOJ prosecutors carefully avoid precise data on Venezuelan cocaine exports to the US. At one point, they describe “tons” of cocaine; at another, they refer to the shipment of “thousands of tons,” an astronomical figure that could hypothetically generate hundreds of billions in revenue. At no point did they mention fentanyl, the drug responsible for the overdose deaths of close to 50,000 Americans in 2024. In fact, the DEA National Drug Threat Assessment issued under Trump’s watch this year scarcely mentioned Venezuela.
By resorting to vague, deliberately expansive language larded with subjective terms like “corrupt” and “terrorism,” the DOJ has constructed a political narrative against Maduro in place of a concrete legal case. While repeatedly referring to Maduro as the “de facto… illegitimate ruler of the country,” the DOJ fails to demonstrate that he is de jure illegitimate under Venezuelan law, and will therefore be unable to bypass established international legal precedent granting immunity to heads of state.
Further, the indictment relies on transparently unreliable, coerced witnesses like Hugo “Pollo” Carvajal, a former Venezuelan general who has cut a secret plea deal to reduce his sentence for drug trafficking by supplying dirt on Maduro. Carvajal was said to be a key figure in the so-called “Cartel of the Suns” drug network which the DOJ claims was run by Maduro. If and when he appears to testify against the abducted Venezuelan leader, the American public could learn that the “cartel” was founded not by the deposed Venezuelan president or one of his allies, but by the CIA to traffic drugs into US cities.
As sloppy and politicized as the DOJ’s indictment might be, it has enabled Trump to frame his lawless “Donroe Doctrine” as an aggressive policy of legal enforcement, emboldening the US president to levy further threats to abduct or bump off heads of state who stand in the way of his resource rampage. This appears to be the real purpose of the imperial courtroom spectacle to come.