Nicolás Maduro and his wife expected to face new charges related to alleged torture of Americans

Deposed Venezuelan Nicolás Maduro and his wife could face new charges tied to the alleged torture of Americans as prosecutors fight their efforts to have their criminal case thrown out.

The additional charges are expected to be announced in Manhattan federal court, according to Fox News’ David Spunt and Jake Paronich.

U.S. Attorney Jamie McDonald is expected to speak after a 10:30 a.m. hearing.

That hearing was scheduled to address a request by Maduro’s wife, Cilia Flores de Maduro, to be released from custody because of ongoing medical problems, including a heart condition.

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The expected charges would add to a case already involving allegations of cocaine trafficking, narco-terrorism and weapons offenses. 

Maduro and Flores deny the allegations and have sought to dismiss the case on sovereign immunity grounds.

Federal prosecutors pushed back in a recent court filing, arguing neither defendant is entitled to that protection and that Venezuela has not asserted immunity on their behalf.

The government noted that the U.S. has not recognized Maduro as Venezuela’s head of state since January 2019.

"The defendants are former rogue officials of a formerly rogue state with no entitlement to immunity," prosecutors wrote.

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They argued that foreign sovereign immunity is "a matter of grace and comity on the part of the U.S., and not a restriction imposed by the Constitution."

Prosecutors also argued that the alleged cocaine trafficking, narco-terrorism and weapons offenses violated the law rather than served any legitimate government function.

Maduro’s attorneys argued in their motion that the court lacks jurisdiction because he is recognized as Venezuela’s head of state. Flores separately filed a motion seeking dismissal on sovereign immunity grounds.

Maduro is also challenging the narco-terrorism conspiracy count. His lawyers said he vehemently denies involvement in drug trafficking intended to benefit groups allegedly engaged in terrorism and argued that prosecutors have not met the elements required for the charge.

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The government countered that the "prohibited drug activity had a nexus to and intended effect on the United States."

Prosecutors allege Maduro and other defendants participated in cocaine trafficking that resulted in thousands of tons of cocaine being distributed to the United States, funding and supporting violent terrorist organizations.

Meanwhile, Flores’ attorneys have proposed home confinement with GPS monitoring, round-the-clock armed surveillance, surrender of her travel documents and a court-approved third-party custodian.

Her lawyer said she was recovering from a complete hysterectomy before her arrest and receiving monthly injections for mitral valve prolapse. She may now need cardiac catheterization, which could lead to more invasive heart procedures, according to her release motion.

"Her medical condition is significant and her current housing, despite best efforts, is inadequate to allow for proper recovery from cardiac surgery," her attorney wrote

Flores’ defense also argues she poses no danger to the community and denies the allegations against her.