Wisconsin judge accused of obstructing ICE could face years in prison, DOJ has 'upper hand': former prosecutor
A Milwaukee, Wisconsin judge could face years in prison for allegedly helping an illegal immigrant evade Immigration and Customs Enforcement (ICE), a former federal prosecutor said.
Milwaukee County Circuit Court Judge Hannah Dugan, 65, was arrested by the FBI and charged with obstruction of proceedings before a department or agency of the United States on Friday.
She allegedly whisked away a previously-deported illegal immigrant and his attorney from her courthouse in order to stop ICE from arresting him. She was also charged with concealing an individual to prevent discovery and arrest.
"It's five years if the individual is wanted for a felony, and it's one year if they're wanted for a misdemeanor," attorney Neama Rahmani told Fox News Digital this week. "So it's five years."
Rahmani was a federal prosecutor before founding West Coast Trial Lawyers, a personal injury firm with more than two dozen locations in California and Nevada.
Dugan's arrest came after Mexican national Eduardo Flores-Ruiz appeared in court on April 18 to face three misdemeanor battery charges for allegedly beating two people.
Though he was there on state-level misdemeanors, federal law enforcement was trying to arrest him for the federal felony of illegal reentry into the United States, Rahmani explained. Flores-Ruiz was removed from the United States in 2013.
"I do think the Department of Justice has the upper hand here, if indeed, the allegations are true, and they have a lawful warrant, and a judge helps an individual essentially escape out of the side door – a nonpublic door – with the help of their attorney," he said. "I mean, that is a big problem."
According to the DOJ, Flores-Ruiz was "subject to arrest based on an administrative warrant issued by ICE for immigration violations following his recent criminal charges in Milwaukee County."
"Under the Supremacy Clause, the law is clear," Rahmani said. "A state judge can't ignore federal law, much less a federal warrant, whether it's signed by a judge or even an administrative warrant."
He also said that states have no right to slow down federal immigration proceedings.
"I'm just speaking as a lawyer, you know, there's no legal basis for that," he said. "You can't just ignore the law, especially if you're a judge, nor can you just slow down immigration enforcement. You just can't do it. It's very clear this is exclusively a federal issue.
On April 18, Flores-Ruiz was in Dugan's courtroom for a pre-trial hearing facing three state charges of misdemeanor domestic battery for allegedly punching a roommate 30 times and hitting a woman inside his residence.
According to the DOJ, Dugan first confronted federal agents and ordered them to leave the courtroom before Flores-Ruiz's hearing began. She told them they needed a judicial warrant, and to get one from the Chief Judge's office. When the agents were no longer in her vicinity, she then canceled Flores-Ruiz's hearing, despite the fact that his alleged victims were present.
That is when she allegedly personally escorted Flores-Ruiz through a restricted "jury door" that led to a non-public hallway, through which Flores-Ruiz exited the building.
Federal agents took him into custody after a brief foot chase.
Ultimately, Rahmani said that Dugan's arrest sends a clear message.
"It doesn't matter if you're a cartel member, a coyote, local law enforcement, a judge – you can't do it," he said. "I mean, the law applies to everyone equally. So I think this is absolutely sending the message. And I understand that people are upset at immigration enforcement and all that, but you can't break the law, especially if you are tasked with enforcing the law. That is your job as a judge."
Dugan did not speak during her first court hearing in federal court, but her attorney was defiant.
Fox News confirmed Tuesday that Dugan is not in her courtroom, and the doors to her courtroom are locked. On Wednesday, she was temporarily suspended from her position.
She has retained the law firm Mastantuono Coffee & Thomas. Former U.S. Attorney for the Eastern District of Wisconsin Steven Biskupic, a President George W. Bush appointee, has also joined Dugan's defense team. So has another former Bush appointee, ex-U.S. Solicitor General Paul Clement.
"Judge Hannah C. Dugan has committed herself to the rule of law and the principles of due process for her entire career as a lawyer and a judge," the law firm said on Dugan's behalf. "She has retained former United States Attorney Steven Biskupic to represent her. Judge Dugan will defend herself vigorously, and looks forward to being exonerated. This will be the extent of any statements or interviews at this time."
Biskupic and Clement did not return requests for comment.
Dugan is due back in court on May 15.
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