A judge allegedly helped an undocumented man avoid arrest. Her case just moved forward.
U.S. Magistrate Judge Nancy Joseph issued her decision late July 7, rejecting Dugan's bid to have the case tossed as her lawyers argue she's protected by judicial immunity.
Joseph's 37-page report and recommendation directed prosecutors and Dugan's lawyers to resolve any differences regarding the facts of the case at a trial.
"Dugan disputes the government's version of events, and the government will have the burden of proving its allegations beyond a reasonable doubt at trial," Joseph wrote. "However, these contested facts cannot be resolved at this juncture."
Dugan was indicted May 13 on charges she obstructed a federal agency and helped a man named Eduardo Flores-Ruiz elude federal agents in the Milwaukee County Courthouse.
Flores-Ruiz, 31, was arrested April 18 following a short chase outside the courthouse.
Dugan herself was arrested by the FBI at the courthouse a week later, placing her at the center of the ongoing dispute between the Trump administration and the nation's courts.
Dugan, 66, has pleaded not guilty to the charges, one a felony and the other a misdemeanor. If convicted, she could face a maximum penalty of six years in prison and a $350,000 fine, but sentences in cases involving nonviolent offenses typically are much shorter.
However, the judge's bid to have her case tossed isn't over. Joseph's report will now go to U.S. District Judge Lynn Adelman, the trial judge who will make the final decision on the motion to dismiss.
"We are disappointed in the magistrate judge's non-binding recommendation, and we will appeal it," Dugan attorney Steven Biskupic said in a statement. "This is only one step in what we expect will be a long journey to preserve the independence and integrity of our courts."
Dugan's lawyers filed a memo May 29 arguing her federal prosecution is improper, violating the 10th Amendment and amounting to federal overreach.
Prosecutors countered that the judicial immunity argument is flawed and doesn't align with previous cases, saying Dugan is "not above the law."
A scheduling hearing is set for July 9. No trial date has been set.
Joseph's decision to allow the charges against Dugan to move forward cited multiple previous cases, including the U.S. Supreme Court's ruling that President Donald Trump had immunity from prosecution.
However, she said the ruling doesn't apply to Dugan's case – calling the arguments by the Milwaukee judge's lawyers "a leap too far."
"While Dugan asserts that Trump simply extended to the President the same immunity from prosecution that judges already have, this argument makes a leap too far. Trump says nothing about criminal immunity for judicial acts," Joseph wrote.
Joseph said she agrees with Dugan's attorneys that judges have great power, but that does not give her absolute immunity.
The magistrate judge's report also noted that judges have immunity from civil lawsuits seeking monetary damages when engaging in so-called "judicial acts." But Joseph said such immunity does not apply in criminal cases.
"A judge's actions, even when done in her official capacity, do not bar criminal prosecution if the actions were done in violation of the criminal law."
Still, Joseph added that "Dugan is presumed innocent, and innocent she remains, unless and until the government proves the allegations against her beyond a reasonable doubt to a jury at trial.'
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