Wisconsin judge claims 'absolute immunity,' calls DOJ indictment an 'ugly innovation'
Judge Hannah Dugan's attorneys say that she is entitled to judicial immunity for her official acts and that the federal government overstepped its authority by arresting and charging her. Additionally, the legal team asserts in its memo that the charges violate the Constitution's Tenth Amendment and the principle of separation of powers.
They further argue that Dugan can be charged for conduct that is "wholly unrelated" to her duties as a judge, such as taking bribes or violating someone's constitutional rights. Dugan is not accused of doing either of those things in this case.
"The indictment itself is an ugly innovation. Its dismissal will not be," Dugan's attorneys write in the memo.
The Wisconsin judge is accused of helping illegal immigrant Eduardo Flores-Ruiz evade plainclothes ICE agents who were allegedly attempting to serve him a warrant.
A federal indictment claims Dugan "falsely" told the agents that they needed a judicial warrant and directed them to go to the chief judge's office. Dugan then addressed the case off the record instead of holding the scheduled hearing. Flores-Ruiz faces three misdemeanor battery charges. Despite Dugan's efforts, Flores-Ruiz was arrested.
The Department of Homeland Security celebrated Flores-Ruiz's arrest and slammed "activist judges" who, in the department's view, have attempted to obstruct President Donald Trump's crackdown on illegal immigration.
"Since President Trump was inaugurated, activist judges have tried to obstruct President Trump and the American people's mandate to make America safe and secure our homeland— but this judge's actions to shield an accused violent criminal illegal alien from justice is shocking and shameful," Assistant Secretary Dept. of Homeland Security Tricia McLaughlin said in a statement.
Footage released last week appears to show Dugan interacting with the ICE agents in a hallway before allegedly escorting Flores-Ruiz and his attorney out a private exit.
On May 13, a grand jury indicted Dugan on federal charges of concealing a person from arrest and obstruction of justice. Dugan pleaded not guilty and is scheduled to go to trial in July. If found guilty of both charges, she could face up to six years in prison and $350,000 in fines.
Mastantuono, Coffee & Thomas, the law firm representing Dugan, did not respond to a Fox News Digital request for comment in time for publication.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hill
16 minutes ago
- The Hill
Democrats press for ICE agents to be ‘visibly and clearly' identified during arrests
House Democrats have called on the Trump administration to require Immigration and Customs Enforcement (ICE) officers to be clearly identified when conducting arrests. The Democratic Women's Caucus (DWC) wrote in a letter to ICE and Department of Homeland Security (DHS) leaders on Monday that the change is necessary to protect women from assaults and kidnappings by imposters. 'All our lives, we are taught to fear masked men in unmarked vehicles. We learn we should run from such men to avoid being kidnapped, sexually assaulted, or killed,' the female lawmakers wrote in their letter. 'Yet, ICE is increasingly conducting raids and arrests in masks, plain-clothes, without visible identification or badges, using unmarked vehicles – tactics that cause confusion, terror, and mistrust among the public.' 'These tactics invited perpetrators of violence against women to take advantage of the chaos by impersonating masked ICE agents in order to target and sexually assault women,' they added. The Trump administration has been carrying out a sweeping immigration crackdown, with arrests of people suspected of being in the country illegally and mass deportations. The Democratic lawmakers cited in their letter reports of men posing as ICE agents as a means to assault women, as ICE doesn't require clear identification for its agents and allows them to wear face coverings. They specifically pointed to three cases — in North Carolina, Maryland and New York — where women were allegedly harmed by men posing as ICE officers. ICE and DHS didn't immediately respond to The Hill's request for comment on the DWC's letter. ICE acting Director Todd Lyons recently defended policies that allow agents to wear masks and unassuming attire to protect their identities and facilitate arrests, though. 'I've said it publicly before, I'm not a proponent of the masks. However, if that's a tool that the men and women of ICE to keep themselves and their family safe, then I will allow it,' Lyons said on CBS's 'Face the Nation' last month. He also disputed claims that agents are indistinguishable from imposters, arguing that real officers typically wear clothing with an ICE insignia. 'I would push back on the notion that we aren't identifying themselves,' he said.
Newsweek
17 minutes ago
- Newsweek
Trump Administration Reacts After CPI Report Reveals Inflation Data
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. White House press secretary Karoline Leavitt issued a statement after U.S. inflation was unchanged in July. "Today's CPI report revealed that inflation beat market expectations once again and remains stable, underscoring President Trump's commitment to lower costs for American families and businesses. The Panicans continue to be proven wrong by the data – President Trump's tariffs are raking in billions of dollars, small business optimism is at a five-month high, and real wages are rising. The American people have rightfully put their trust in President Trump's America First agenda that is Making America Wealthy Again." This is a breaking news story. Updates to follow.
Yahoo
24 minutes ago
- Yahoo
Israeli mistakenly enters Palestinian village in Area B, pelted with stones
After accidentally entering Kafr Mukhmas, the Israeli's vehicle was pelted with stones. They managed to quickly extricate themselves from the situation and locate security personnel. An Israeli citizen was attacked in Area B of the Binyamin region of the West Bank on Monday night, Army Radio reported. After accidentally entering Kafr Mukhmas, the Israeli's vehicle was pelted with stones. They managed to quickly extricate themselves from the situation and locate security personnel on the outskirts of the village. The Israeli was lightly wounded in the attack, while the vehicle was damaged. Security forces are working to identify and arrest those involved. Other stoning incidents in the West Bank In early July, the IDF was summoned to break up a violent incident where Palestinian terrorists threw stones at Jewish shepherds in the West Bank near Sinjil. Two Palestinians, one of whom was also an American citizen, were killed. This is a developing story. Solve the daily Crossword
