How Venezuelan leader Nicolás Maduro landed inside a U.S. courtroom likely will not matter during the proceedings, former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Monday.
During an appearance on Newsmax's "Wake Up America," Napolitano laid out the case the way Attorney General Pam Bondi is likely to see it: Maduro is "an indicted defendant" and a "fugitive from justice," and courts typically don't litigate the manner in which a defendant is brought before the bench.
In other words, once the accused is in the courtroom and properly identified, the legal machine moves forward.
That "get-on-with-it" approach reflects long-standing American jurisprudence, Napolitano told co-hosts Sharla McBride and Marc Lotter, and it's why the initial courtroom focus will likely be procedural — arraignment, counsel, scheduling — rather than the geopolitics of a dramatic capture operation.
But Napolitano also warned that outside the four corners of the courtroom, the administration is facing a different set of arguments — claims from Democrats and foreign-policy critics that the operation amounted to an invasion and "decapitation" of a foreign government, actions that, under the Constitution, require congressional authorization.
Napolitano predicted the defense will raise sovereign-immunity arguments, noting Maduro is still viewed by his government as its head of state.
He said he doubts a U.S. judge will accept that claim, but added the defense "would be remiss" not to try.
The more relevant legal comparison, he argued, is the U.S. prosecution of former Panamanian strongman Manuel Noriega — another head of government captured by U.S. forces and brought to America on drug-trafficking charges.
That case never reached the Supreme Court, but it produced legal reasoning that a leader who came to power illegally may not enjoy the immunity normally afforded to a head of state.
For conservatives, the Noriega precedent matters because it underscores a principle Democrats now downplay — presidents of both parties have acted decisively in the hemisphere to remove dangerous narco-linked leaders who threaten U.S. security.
The Noriega saga ultimately ended with conviction and prison time, reinforcing the idea that no dictator is above the law.
Napolitano also flagged potential complications, including a new indictment filed Sunday that reportedly goes beyond earlier charges.
He said Maduro's wife, Cilia Flores, faces similar conspiracy allegations, with prosecutors portraying a "family-like" criminal enterprise.
He suggested at least one firearms-related count could be vulnerable if it relies on possession outside U.S. territory.
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Charlie McCarthy ✉
Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.
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