NEW YORK (AP) — A US judge on Tuesday refused to dismiss criminal charges against a retired Venezuelan army general who was accused of “flooding” cocaine in the United States with Nicolás Maduro, President of Venezuela.
Judge Alvin Hellerstein said at a hearing with Cliver Alcala that US authorities could file criminal charges against foreign officials who violate US law even if their actions were carried out during the performance of official duties.
“An exemption from sovereignty does not protect rogue countries or dishonest officials,” the judge said in a federal court in Manhattan. “We are not dealing with common criminal activities here. We are dealing with common criminal activities at the highest level of government.”
Alcalá's lawyers, who appeared in front of Hellerstein in beige prisoner uniforms, tried to dismiss allegations of drug terrorism filed against a client two years ago. Alcalá did not plead guilty of the charges of collaborating with the Socialist President to send cocaine to the United States.
According to the claims of the Prosecutor's Office in the Southern District of New York, the former general and Maduro were members of a group of military officers and senior officials in Venezuela who claimed to have sent 250 metric tons of cocaine per year to the United States in cooperation with Colombian rebels.
Alcalá not only denies the accusations, but also claims that he is Maduro's enemy: The former general has publicly criticized Maduro since he held the post of President of Venezuela in 2013 after Hugo Chávez's death.
Hellerstein's decision means that Alcalá must be put to trial for criminal charges, including providing security to rebel rebels in Colombia, disabling military radars and returning confiscated drug shipments from rebels.
Alcalá attempted to overthrow Maduro and said that he was aware of an attempt by the top-level US authorities of the Central Intelligence Agency (CIA) and other federal agencies to overthrow the President of Venezuela. The former Venezuelan general stated that such an attempt should immediately discredit criminal charges against him.
When he was arrested in 2020, Alcalá lived in Colombia for several years and helped train Venezuelan military deserters in secret camps. This effort resulted in a failed conspiracy to overthrow Maduro, in which Jordan Goudreau, a former American green beret, also participated in May 2020.
Washington has always denied any intervention in attempts to overthrow the Venezuelan president by force.
Despite Alcalá's hostility towards Maduro, both were prosecuted in cases of drug terror. Cesar de Castro, Alcala's lawyer, said at a hearing on Tuesday that he had not seen evidence showing that his client was involved in drug trafficking.
De Castro said that the only thing that the government opposed al-cala was a meeting that al-calá attended with former Venezuelan intelligence director Hugo Carvajal and Diosdado Cabello, the first vice-president of the United Socialist Party for Dominance in Venezuela. Drug trafficking has been discussed
De Castro claimed that Alcalá was present at the meeting. Because it was his job, the United States should not file charges against him. Prosecutor Kyle Wirshba responded that Alcalá did not attend the meeting for professional reasons, but for private reasons he had to talk about drug trafficking that violated Venezuelan law.
Evidence that the United States is aware of Alcala's covert activities against Maduro was part of a drug trafficking ring in the trial (something he denies), but could reinforce his defense's argument that he took steps to withdraw years before he was prosecuted.