Milwaukee County Judge Dugan case, prosecutors urge court not to dismiss

MILWAUKEE - A federal motion has been filed in response to Milwaukee County Circuit Court Judge Hannah Dugan's request to dismiss the case against her.

And after reading through the 25-page motion, federal prosecutors say Dugan is not above the law.

The indictment against Dugan alleges she helped an undocumented man who was wanted on a federal warrant avoid arrest by I.C.E. agents.

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In Dugan's motion for dismissal, she asked the court to dismiss the indictment based on judicial immunity.

But today (June 9), federal prosecutors came back saying her request was unprecedented and quote "would, in essence, say that judges are above the law."

Dugan faces a July 21 trial in the case that escalated a clash between Trump’s administration and opponents over the Republican president’s sweeping immigration crackdown.

Trump critics contend that Dugan’s arrest went too far and that the administration is trying to make an example out of her to discourage judicial opposition to the crackdown.

The accusations against Dugan

The backstory:

Dugan is charged with concealing an individual to prevent arrest, a misdemeanor, and obstruction, which is a felony.

Prosecutors say she escorted Eduardo Flores-Ruiz, 31, and his lawyer out of her courtroom through a back door on April 18 after learning that U.S. Immigration and Customs Enforcement agents were in the courthouse seeking to arrest him for being in the country illegally. She could face up to six years in prison and a $350,000 fine if convicted on both counts.

Her attorneys say she’s innocent. They filed a motion last month to dismiss the case, saying she was acting in her official capacity as a judge and therefore is immune to prosecution. They also maintain that the federal government violated Wisconsin’s sovereignty by disrupting a state courtroom and prosecuting a state judge.

Trump administration response

The other side:

Justice Department attorneys responded in a court filing Monday, saying dismissing the charges against the judge on the grounds that she is immune would be unprecedented and would ignore "well-established law that has long permitted judges to be prosecuted for crimes they commit."

"Such a ruling would give state court judges carte blanche to interfere with valid law enforcement actions by federal agents in public hallways of a courthouse, and perhaps even beyond," Justice Department attorneys argued. "Dugan’s desired ruling would, in essence, say that judges are ‘above the law,’ and uniquely entitled to interfere with federal law enforcement."

Dugan’s attorney, Craig Mastantuono, did not immediately respond to messages seeking comment.

In her motion to dismiss, Dugan argued that her conduct amounted to directing people’s movement in and around her courtroom, and that she enjoys legal immunity for official acts she performs as a judge.

She also accused the federal government of violating Wisconsin’s sovereignty by disrupting a state courtroom and prosecuting a state judge.

Dugan’s case is similar to one brought during the first Trump administration against a Massachusetts judge, who was accused of helping a man sneak out a courthouse back door to evade a waiting immigration enforcement agent. That case was eventually dismissed.

The case background

The backstory:

According to prosecutors, Eduardo Flores-Ruiz illegally reentered the U.S. after being deported in 2013. He was charged in March with misdemeanor domestic violence in Milwaukee County and was in Dugan’s courtroom for a hearing in that case on April 18.

Dugan’s clerk alerted her that immigration agents were in the courthouse looking to arrest Flores-Ruiz, prosecutors allege in court documents. According to an affidavit, Dugan became visibly angry at the agents’ arrival and called the situation "absurd." After discussing the warrant for Flores-Ruiz’s arrest with the agents, Dugan demanded that they speak with the chief judge and led them away from the courtroom.

She then returned to the courtroom, was heard saying something to the effect of "wait, come with me," and then showed Flores-Ruiz and his attorney out a back door, the affidavit says. The immigration agents eventually detained Flores-Ruiz outside the building following a foot chase.

Dugan, 66, was arrested by the FBI on April 25 at the courthouse. A grand jury indicted Dugan on May 13 and she pleaded not guilty on May 15.

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Dugan defense fund

What we know:

A legal defense fund created by Dugan supporters to help pay for her high-profile defense attorneys has raised more than $137,000 in three weeks from more than 2,800 donors.

Her legal team includes former U.S. Attorney Steve Biskupic and former U.S. Solicitor General Paul Clement. Both were appointed by Republican presidents. She has also hired prominent attorneys in Milwaukee and Madison.

"This is an impressive show of support for the defense fund, highlighting that the public believes in protecting a fair and independent judiciary," former Supreme Court Justice Janine Geske, the fund’s trustee, said Monday. "The fund will continue to raise grassroots donations and uphold strict guidelines to ensure transparency and accountability."

Dugan is not required to list the donor names until she submits her annual financial disclosure form, which is due in April. Numerous people are prohibited from donating, including Milwaukee County residents; attorneys who practice in the county; lobbyists; judges; parties with pending matters before any Milwaukee County judge; and county employees.

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