"As I'll explain below (and mapped in this table), the superseding indictment against Nicolás Maduro and his wife unsealed yesterday is a more political document than the one that first charged Maduro in 2020. One important difference lies in how DOJ attempted to claim Maduro is not the leader of Venezuela, which will be a key element required to overcome any immunity claim Maduro will surely invoke. Before I explain the differences between these indictments, let me stress that both are real indictments, documenting decades of corruption and cooperation with drug traffickers and terrorists. Prosecutors worked hard to pull them together and investigators (in the US and around Latin America) and sources no doubt risked their lives to make it possible."
"The latter charges, charging Maduro for possessing machine guns, have attracted some mockery, including from me. DOJ is at the same time arguing that DC must allow semi-automatic weapons and at the same time charging a foreign leader with possessing machine guns. The charges are there (and were put there years ago) because they're a way to get significant sentencing enhancements for other crimes. The presentencing memo for Hugo Armando Caraval-Barrio, who was charged with Maduro in 2020 and pled guilty in June, added so many sentencing enhancements they're having a multi-day hearing later this month to fight about which ones apply."
A superseding indictment unsealed against Nicolás Maduro and his wife is framed more politically than the 2020 indictment, notably in DOJ's attempt to argue Maduro is not Venezuela's leader to defeat immunity. Both indictments charge narco-terrorism conspiracy, cocaine import conspiracy, and two counts related to machine guns or destructive devices. The machine-gun counts serve to secure sentencing enhancements for related crimes. Prosecutors compiled decades of evidence of corruption and cooperation with drug traffickers and terrorists. Co-defendant Hugo Armando Caraval-Barrio pled guilty and sentencing-enhancement disputes remain pending.
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