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

By Brian Freeman | Sunday, January 4, 2026

Harvard Law School professor emeritus Alan Dershowitz said 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.

Speaking ahead of Maduro’s expected arraignment, Dershowitz stated that the government’s position is unusually strong both legally and procedurally. This strength stems from 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.

The legal expert emphasized that the Southern District of New York is renowned for its aggressive and successful prosecutorial work, particularly in complex criminal cases involving international actors, organized crime, and national security concerns. He noted that defendants in that jurisdiction face judges and prosecutors with deep experience handling high-stakes cases.

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

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

He also stated that charging both Maduro and his wife significantly strengthens the government’s negotiating position, creating potential pressure for cooperation or a global resolution. In similar prosecutions, charges against spouses have been 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 added that Maduro will 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.