A federal judge in Manhattan on Monday resolved a dispute between lawyers over who should defend the deposed president of Venezuela, Nicolás Maduro, by removing one of the attorneys from the case.
The judge, Alvin K. Hellerstein, noted that the lawyer who sought to join Mr. Maduro’s defense team, Bruce Fein, had not been hired by Mr. Maduro, whereas the lawyer who appeared on the Venezuelan leader’s behalf, Barry J. Pollack, had.
Mr. Pollack formally told the court that he was Mr. Maduro’s attorney on Monday, Jan. 5, shortly before the leader was arraigned on narco-terrorism conspiracy and other counts. Mr. Maduro pleaded not guilty to all charges.
On Tuesday of last week, Mr. Fein submitted a request to join the case, which the judge initially approved.
Mr. Pollack then moved aggressively to have Mr. Fein removed. “I confirmed with Mr. Maduro that he does not know Mr. Fein and has not communicated with Mr. Fein, much less retained him,” Mr. Pollack wrote to the judge on Thursday.
Mr. Fein on Friday offered reasons for his so-far futile effort to represent Mr. Maduro. He said he had entered the case “in good faith” based on information from “individuals credibly situated within President Maduro’s inner circle” that the Venezuelan leader wanted his assistance in his defense.
In an email to The New York Times, Mr. Fein elaborated, saying he had received no money or promises of money and that he learned “that Maduro’s insiders — including brother-in-law — suspected betrayal and trusted no one in Maduro’s hastily arranged initial representation.”
“I was told time was of the essence and acted accordingly,” Mr. Fein said.
Mr. Fein declined to comment on the ruling; Mr. Pollack did not immediately respond to a request for comment.
Judge Hellerstein, in his ruling, said Mr. Fein’s application to join Mr. Maduro’s defense team had no legal basis.
“Unnamed persons cannot appoint counsel; only a defendant can do so,” the judge said.
Mr. Fein requested that Judge Hellerstein privately interview Mr. Maduro to “definitively ascertain” his wishes. That was also rejected.
“If Maduro wishes to retain Fein, he has the ability to do so,” Judge Hellerstein wrote. “Fein cannot appoint himself to represent Maduro.”
Benjamin Weiser is a Times reporter covering the federal courts and U.S. attorney’s office in Manhattan, and the justice system more broadly.
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