A sitting member of the president’s Cabinet has not taken the stand in a criminal trial since Labor Secretary Raymond Donovan, who served under former President Ronald Reagan, testified in a mafia trial in 1983. 

Prosecutors say Rivera leveraged his relationship with Rubio as part of a covert effort to create inroads for Maduro with the first Trump administration. Rep. Pete Sessions (R-TX) and a convicted Cali cartel associate allegedly aided Rivera in brokering meetings on Maduro’s behalf. 

Rivera, who was first arrested in 2022, was charged in an 11-count indictment with money laundering and failing to register as a foreign agent. He is accused of acting as a paid intermediary for the Venezuelan government, using his political ties to soften U.S. sanctions. 

Rivera allegedly cut a $50 million consulting contract with an affiliate of a Venezuelan state-owned oil company in 2017 with the help of senior Venezuelan officials, including Delcy Rodriguez. The prosecution alleges that Rivera then sought to arrange meetings with influential U.S. figures, including Rubio, to promote Maduro’s charm offensive in Washington. 

Although Rivera’s contract was technically signed with a U.S. entity, because it pertained to work on behalf of the Venezuelan government, he would have been mandated to register as a foreign lobbyist, which he did not. 

Additionally, prosecutors allege Rivera and an associate attempted to cover up their work by creating an encrypted chat group called MIA, short for Miami, with his contact to the Maduro government, Raul Gorrin, who was later charged in the United States with bribing top Venezuela officials. 

Rubio is not accused of wrongdoing, and there is no indication that he knowingly participated in any illegal activity. His testimony is expected to focus on his interactions with Rivera during the time period in question, including meetings and communications cited in the indictment. 

Rivera met with Rubio at his home in 2017, where Rivera said he was working with Gorrin. Rivera texted Rubio ahead of the senator’s meeting with President Donald Trump and said, “Remember, U.S. should facilitate, not just support, a negotiated solution,” in reference to Venezuelan elections. 

After a second meeting attended by Rivera, Rubio, Gorrin, and others, Rivera texted in the MIA encrypted chat that without Rubio’s support, there would be “no turkey.” 

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Defense attorneys argue that Rivera’s work was strictly commercial and aimed at facilitating possible energy investments between U.S. companies and Venezuela, activities they say do not require him to register as a foreign agent. They also contend that none of Rivera’s actions ultimately changed U.S. policy. 

Rivera served in the House from 2011 to 2013, which overlapped with Rubio’s time in the Senate. Prior to his stint in the House, Rivera served as a top legislator in the Florida House from 2003 to 2010, during which time he shared a home with Rubio.