Milwaukee County Judge Dugan case; plea negotiations underway
Milwaukee County Circuit Court Judge Hannah Dugan leaves federal court
MADISON, Wis. - Milwaukee County Judge Hannah Dugan is set to go on trial in December, accused of helping an undocumented man evade federal immigration agents. Now, plea negotiations are underway with the trial just weeks away, according to key players.
Plea negotiations in Dugan case
What we know:
Interim U.S. Attorney Brad Schimel told The Associated Press in a telephone interview that attorneys are "discussing potential resolution" of the case against Milwaukee County Judge Hannah Dugan, but her attorneys haven't shown they're willing to accept any offer.
Judge Hannah Dugan. Sketch courtesy L.D. Chukman.
A plea agreement would mark a surprising de-escalation by prosecutors in a case that has become a flashpoint in President Donald Trump's sweeping immigration crackdown. Schimel said plea negotiations are part of a "normal process to resolve a case and eliminate risk for both sides, to find a resolution that makes sense. That's all."
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Dugan's defense attorneys said she's innocent and they're preparing for a trial next month.
Case details
The backstory:
A federal grand jury indicted Dugan, and she pleaded not guilty, in May.
The grand jury's two-count indictment accuses Dugan of helping undocumented Eduardo Flores-Ruiz evade federal agents, who were at the Milwaukee County Courthouse to arrest him. It also states Dugan obstructed those agents in the process.
Video shows Milwaukee County Judge Hannah Dugan speaking to men on April 18, the day immigration agents arrived at the courthouse to arrest an undocumented man (Courtesy: Milwaukee County)
Flores-Ruiz was in Dugan's courtroom for a misdemeanor battery case on April 18. Prosecutors said Dugan told federal agents to go to the chief judge's office down the hall, and is then accused of telling Flores-Ruiz and his attorney to leave her courtroom out a back door as federal agents waited outside the courtroom to arrest him.
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Agents later arrested Flores-Ruiz outside the courthouse after a brief foot chase.
Eduardo Flores-Ruiz
The Wisconsin Supreme Court suspended the Milwaukee County Circuit Court judge, saying it is in the public interest to temporarily relieve her of her duties as she faces federal charges.
Motion to dismiss
Dig deeper:
A day after Dugan was indicted, her attorneys filed a motion to dismiss the case – claiming she has judicial immunity and the prosecution violates the 10th Amendment.
Dugan's defense argued that judicial immunity means she's protected from prosecution for her official actions as a judge. But the federal government said that immunity only applies to civil lawsuits and does not shield judges from criminal prosecution.
Federal Judge Lynne Adelman on Aug. 26 ruled against Dugan's motion to dismiss. In his decision, he stated history reveals the federal government has the better argument over Dugan on the question of immunity.
Milwaukee County Judge Dugan trial set for mid-December
A federal court judge on Wednesday, Sept. 3 set the trial date for Milwaukee County Judge Hannah Dugan.
The Source: Information in this post was produced by FOX6 News using previous coverage and help from The Associated Press.