Milwaukee County Judge Hannah Dugan trial; day 1 testimony recap

MILWAUKEE - The trial is now underway for a Milwaukee County judge accused of preventing Immigration and Customs Enforcement agents from arresting an undocumented man outside her courtroom.

What we know:

The case kicked off Monday, Dec. 15, at the federal courthouse in Milwaukee, with the first day largely focused on laying the foundation of the case against Milwaukee County Circuit Court Judge Hannah Dugan.

If you’re building a house, you don’t start with the windows or doors – you start with the foundation. That was the theme of the first day, as both sides used opening statements to outline their version of events and explain to jurors why Dugan should be found guilty or not guilty.

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For federal prosecutors, the case begins with what they describe as an admission made inside Dugan’s courtroom. The government says it obtained an audio recording – there is no video – in which Dugan is heard saying, "I’ll do it. I’ll get the heat." 

Prosecutors argue that the statement shows Dugan knew she was doing something wrong when they say she led Eduardo Flores-Ruiz and his public defender out of her courtroom through a nonpublic jury door to avoid ICE agents waiting to arrest him.

The defense, however, points to what it describes as widespread uncertainty inside the Milwaukee County Courthouse at the time. After President Donald Trump began his second term, guidance on where ICE agents could make arrests changed, creating confusion for judges and court staff.

Defense attorneys highlighted an email Dugan sent to Chief Judge Carl Ashley just 10 days before the incident. In that message, Dugan raised concerns about the lack of a clearly defined process for how judges should respond to ICE activity in the courthouse. Her defense argues she could not have anticipated that the very risks she identified would soon place her at the center of a federal criminal case.

Dig deeper:

The case then shifted to testimony. Jurors heard from three witnesses on the first day: an FBI special agent, an ICE supervisor stationed in Milwaukee and another FBI special agent. All were part of the six-agent team that went to the courthouse to make the arrest.

The agents testified that they prefer courthouse arrests for two main reasons. First, they know when a person is scheduled to appear because of a set court hearing. Second, anyone entering through a public entrance must pass through security screening, reducing the risk that the person is carrying weapons.

The agents also testified they were wearing plainclothes to avoid disrupting courthouse operations. What unfolded that day, they said, was a significant deviation from their original plan.

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The defense used cross-examination to poke holes in the government’s case, focusing on the arrest plan prepared by ICE. Attorneys pointed out that the plan did not require the arrest to happen inside the courthouse. Alternatives included making a traffic stop or arresting Flores-Ruiz on the sidewalk.

Defense attorneys also noted discrepancies in the paperwork, pointing out that agents listed a suffocation charge, when Flores-Ruiz was actually facing three misdemeanor battery charges.

Those details, the defense argues, support its broader strategy – that the arrest did not need to take place inside the Milwaukee County Courthouse and that Dugan’s involvement was a result of ICE’s planning decisions, not criminal intent.