Former Milwaukee County Judge Dugan in court; argue for case dismissal
Former Milwaukee County Judge Dugan in court
Former judge Hannah Dugan's June 3 sentencing was replaced by a hearing to determine whether to overturn her December federal conviction for obstructing an immigration enforcement action.
MILWAUKEE - Hannah Dugan, the former Milwaukee County judge convicted of obstructing federal agents from carrying out an immigrant enforcement operation at the courthouse last year, was back in court on Wednesday, June 3. It was supposed to be for a sentencing hearing. Instead, a judge weighed whether to toss the jury's guilty ruling.
Oral arguments in Dugan case
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On Wednesday, the judge heard oral arguments and the legal fight over one word. That word is "proceeding." What does federal law mean by it? Dugan's defense said since Dugan's conviction, there is a new appeals court ruling on what that term means.
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A jury in December found Hannah Dugan guilty of obstructing a proceeding before a United States Department of Agency. Again, this latest debate is – what does that word mean.
Judge Hannah Dugan enters federal court on Thursday, Dec. 18.
In April, the 4th Circuit Court of Appeals in Virginia ruled on a different immigration case. It rules that ICE enforcement actions are not "pending proceedings." In light of that other case, the Dugan defense said Federal Judge Lynn Adelman did not give the jury proper instructions. The defense said Adelman should find Dugan is not guilty.
The judge instructed the jurors in December that "pending proceeding" means "any process taking place in the manner and form prescribed for conducting business by or before a department or government agency, including all steps and stages in such an action from its inception to its conclusion."
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The prosecution says Adelman’s guidance to jurors was correct about "what is a proceeding." The government argues the new appeals case does not apply to the issues in the Dugan case, and has different circumstances, and other cases support the conviction.
The judge did not say when he would be ruling. He has a couple of options – dismiss Dugan's request and enter the jury's conviction that found her guilty. He could also overturn the jury and find her not guilty.
Former Milwaukee County Judge Dugan's sentencing adjourned
Sentencing for Hannah Dugan, the former Milwaukee County judge convicted of obstructing federal agents, is now on hold.
The Source: FOX6 News referenced information from prior coverage of Dugan's case, trial, resignation and request for a new trial and acquittal.