A federal judge on Thursday sharply questioned Manhattan prosecutors as to why the American government had blocked defense funding for Nicolás Maduro, the former Venezuelan president charged with narco-terrorism conspiracy and other crimes.
A lawyer for Mr. Maduro, Barry J. Pollack, had asked the court to dismiss the case, saying the Trump administration was interfering with his client’s constitutional right to counsel by blocking payment from the Venezuelan government.
The judge, Alvin K. Hellerstein, said on Thursday that he was not inclined to take the drastic step of dismissal. But Judge Hellerstein said repeatedly that Mr. Maduro had the right to a robust defense and asked whether sanctions preventing the Venezuelan government from paying Mr. Maduro’s lawyers were still relevant.
“Things have changed in Venezuela,” the judge noted, apparently referring to the January seizure of Mr. Maduro and the deepening cooperation between the United States and Venezuela in subsequent months.
Judge Hellerstein did not issue a ruling on Thursday, but suggested that he might push the government to revisit its decision about blocking payment from the Venezuelan government.
“The current paramount goal and need and constitutional right” is the right to defense, he said.
It was Mr. Maduro’s first appearance in the months since he pleaded not guilty to four charges, including conspiracy to import cocaine into the United States. Mr. Maduro, who is being held in a Brooklyn jail, remained quiet during the hearing, wearing a jailhouse jumpsuit, taking his translation headphones on and off and fiddling with his glasses.
His wife, Cilia Flores, was to his right with her own legal team, her ponytail held in place with a maroon scrunchie.
Outside the courthouse, protesters traded insults and chants in the spring sun, walled off from each other by a police barrier. Dozens of pro-Maduro demonstrators held up signs that said “Free President Maduro” and “No War on Venezuela.” Their opponents carried vuvuzelas and an effigy of Mr. Maduro, wearing an orange jumpsuit and glaring with glowing red eyes.
Inside, despite his fidgeting, Mr. Maduro appeared to be paying close attention as his lawyer, Mr. Pollack, pressed his case.
Mr. Pollack had previously informed the court that the Treasury Department’s Office of Foreign Assets Control had determined that because Mr. Maduro and the Venezuelan government are both under sanctions, the department would not authorize Venezuela to pay his defense costs.
Mr. Pollack said that was a constitutional violation. Mr. Maduro and Ms. Flores, he said, had “attested under oath that they cannot afford counsel themselves.”
“They have the absolute right to use their funds to pay for their defense,” Mr. Pollack added.
The lead prosecutor on the case, Kyle Wirshba, disagreed. He stressed that the case was unique and said it was important that Judge Hellerstein interpret the law so as to protect the government’s ability to sanction foreign parties.
That led Judge Hellerstein to question the relevance of the sanctions on Mr. Maduro. “What is the interest of the government now in blocking those funds?” he asked before adding, “We are doing business in Venezuela.”
When Mr. Wirshba said that foreign policy and national security were the rationale, the judge pressed him again. “The defendant is here; Flores is here,” he said. “They present no further national security threat.”
Mr. Wirshba fought the point fiercely. But as Judge Hellerstein began to suggest he might rule against the government, Mr. Wirshba suggested that the administration might revisit its determination on whether Mr. Maduro could receive Venezuelan funding.
Judge Hellerstein turned to Mr. Pollack, who suggested the appropriate response would be dismissal. The judge rebuffed him: “I’m not going to dismiss the case.”
But a few minutes later, Judge Hellerstein suggested that while he would not consider such a drastic situation at the current moment, things might change.
If he were to find that the Treasury Department arbitrarily blocked Mr. Maduro from receiving Venezuelan funding, and the government did not comply with a resulting order, he said, “that would be a time when you could address the issue of dismissing the indictment.”
Shortly before the hearing concluded on Thursday afternoon, a lawyer for Ms. Flores, Mark Donnelly, informed the judge that Ms. Flores was dealing with a heart condition and required an echocardiogram.
Mr. Donnelly made the mistake of referring to Ms. Flores as the first lady, drawing a rebuke from Judge Hellerstein.
“There are no titles to be used in this court,” the judge said.
Maria Cramer contributed reporting.
Jonah E. Bromwich covers criminal justice in the New York region for The Times. He is focused on political influence and its effect on the rule of law in the area’s federal and state courts.
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