By Luc Cohen

NEW YORK, (Reuters) – On Tuesday, a U.S. judge rejected a request by a retired Venezuelan General to dismiss charges of drug trafficking. He claimed that foreign sovereign immunity does not apply in cases involving a “rogue” state.

In 2020, Cliver Alcala was indicted on four charges of drug and weapon crimes. U.S. authorities claim that he was involved in “narcoterrorism” conspiracies in which top Venezuelan officials conspired to send cocaine to America with FARC Colombia rebel group.

Cesar De Castro, Alcala’s federal attorney in Manhattan, claimed that Alcala was an officer of uniformed service at the time the alleged conspiracy took place and any actions he took were in this capacity. Therefore, the United States could not prosecute him.

U.S. District Judge Alvin Hellerstein disagreed.

Hellerstein stated that sovereign immunity doesn’t apply to rogue states or their officials. Hellerstein stated, “We are dealing with criminal behavior at the highest level of government.”

Prosecutors claimed that Alcala had met in 2008 with Diosdado Cabell, who is a Venezuelan lawmaker representing President Nicolas Maduro’s socialist party. They discussed drug-trafficking and agreed to cooperate with the FARC. Maduro and Cabello were both also indicted, but they remain in Venezuela.

Alcala surrendered to U.S. agents from Colombia and pleaded not guilt.

Trump’s administration sought to remove Maduro from power, accusing him of electoral fraud and human rights violations. The indictment for 2020 came at a time when Maduro was being investigated. Maduro, Cabello and others have refuted allegations of drug trafficking and argued that Washington seeks to take control over their government.

Alcala resigned from the army in 2013. Since then, he has been a critic and supporter of Maduro.