In a surprising turn of events, Milwaukee County Judge Hannah Dugan has sought to have the case against her dismissed, following her indictment by a federal grand jury on two counts of obstructing an Immigration and Customs Enforcement (ICE) arrest last month.
The indictment came on Tuesday, with the judge facing potential penalties of up to six years in prison and $350,000 in fines.
As reported by Gateway Pundit, Judge Dugan was arrested by the Federal Bureau of Investigation (FBI) last month on charges of obstructing an ICE arrest. The FBI alleges that Judge Dugan interfered with an immigration arrest operation when she discovered that ICE agents were stationed outside her courtroom, ready to apprehend Eduardo Flores-Ruiz, an illegal immigrant involved in a domestic abuse case she was presiding over. The judge is accused of instructing Flores-Ruiz to leave the courthouse via a private jury door to avoid arrest.
FBI Director Kash Patel stated that Judge Dugan "intentionally misdirected federal agents away from the subject to be arrested at her courthouse." The criminal complaint against the judge provides a detailed account of her alleged actions to deter federal agents and assist the illegal immigrant in evading arrest.
The complaint reveals that six Milwaukee ICE ERO Task Force officers arrived at the courthouse to carry out the arrest "in as low-key and safe of a manner as possible." The officers were asked by the courtroom deputy to wait outside and arrest Flores-Ruiz after the hearing, to which they agreed. However, while the arrest team members were waiting outside the courtroom, a female public defender approached and took photographs of the officers.
Upon learning of ICE's presence, Judge Dugan confronted the arrest team. The complaint states that the judge "became visibly angry, commented that the situation was 'absurd,' left the bench, and entered chambers." The courtroom deputy noted that Judge Dugan was attempting to hasten Flores-Ruiz's hearing so she could swiftly escort him out of the building. It was later disclosed that Judge Dugan adjourned Flores-Ruiz's hearing to discreetly guide him through a "jury door" to prevent his arrest.
In the latest development, Judge Dugan's lawyers have filed a motion to dismiss the federal criminal case against her. The defense team has invoked the 10th Amendment, official acts as a judge, and judicial immunity in their argument. The motion to dismiss states that the government's prosecution of Judge Dugan is "virtually unprecedented and entirely unconstitutionalit violates the Tenth Amendment and fundamental principles of federalism and comity reflected in that amendment and in the very structure of the United States Constitution."
The defense argues that even if Judge Dugan did commit the actions alleged in the complaint, they were judicial acts for which she has absolute immunity from criminal prosecution.
The court filing reads, "Judges are empowered to maintain control over their courtrooms specifically and the courthouse generally." The defense further contends that the indictment contravenes the Tenth Amendment and constitutional principles of federalism, regardless of immunities.
This case raises significant questions about the balance of power between federal and local authorities, the role of the judiciary in law enforcement, and the extent of judicial immunity.
As the legal proceedings unfold, these issues will likely be scrutinized and debated in the public sphere, potentially shaping future interpretations of judicial conduct and federalism.
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