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Speculation is rife that Maduro could get off on a technicality

In response to a published court transcript, one journalist has suggested that the case against the recently kidnapped president Maduro of Venezuela might already be lost:

What are Miranda rights – and how could they affect Maduro?

Miranda rights are a vital feature of the US legal system, having been afforded in 1966 after the case of Miranda v Arizona. The case established a long-cherished legal safeguard for American citizens, stipulating that legal rights must be communicated to individuals in police custody before interrogation.

If there is any reasonable doubt that those rights were not communicated to and understood by the individual in custody (Maduro), any subsequent information or evidence gathered can no longer be used as evidence in a criminal trial.

The court transcript read:

Judge: Are you Nicolas Maduro Moros?

Maduro: I am the President of Venezuela. I consider myself a prisoner of war. I was captured at my home in Caracas.

Judge: Let me intervene. There will be time for this.

Judge: I only want to know—are you Nicolas Maduro Moros?

Maduro: Yes.

Judge: Have you been served the indictment?

Defense lawyer: We waive the public reading.

Maduro: I have it in my hands for the first time. I prefer to read it personally.

Judge: Anything you say may be used against you. I see you have counsel here, Mr. Pollack. If you cannot afford one, the government will provide a lawyer free of charge. Did you know of these rights?

Maduro: I did not know of these rights until now.

Judge: How do you plead?

Maduro: I am innocent. I am a decent man. I am President of Venezuela.

Defense lawyer: The plea is not guilty on all counts.

Legal rights are essential in ensuring that hard-won civil rights are afforded in situations where the state often has unparallelled power over the citizen. Many a criminal case have been seen to collapse on a technicality, whether there was merit or not to any criminal allegations. For instance, Alec Baldwin saw the case against him collapse due to an infringement of his Brady Rights under US law.

 

However, this is new territory with such a flagrant breach of international law, so time will tell whether this will be the ‘straw that breaks the camel’s back’ in the US case against Maduro.

This X account suggests the oil billionaires might even end up missing out on the spoils of Trump’s extraterritorial posturing:


As always, the people who are left with the fallout from corrupt politicians are hard-working taxpayers, whilst the powerful get off scot-free.

Quite embarrassing really

Trump has made no secret of his distaste for ‘lefty lawyers’ and ‘wokeism’. So, when we see him then use the legal system in order to achieve the desires of his billionaire buddies in the oil industry, it feels all the more disingenuous.

The irony is he can’t even do this right, with Maduro potentially able to escape Trumps ‘justice’ simply because US agents didn’t read the (short) legally mandated statement of rights.

Featured image via Palacio d Plannalto

By Maddison Wheeldon

This post was originally published on Canary.