2 days ago
Trump administration asks federal court not to dismiss charges against Milwaukee County judge
Protesters gather outside of the Milwaukee FBI office to speak out against the arrest of Milwaukee Circuit Court Judge Hannah Dugan (Photo by Isiah Holmes/Wisconsin Examiner)
Prosecutors for the Trump administration filed a brief Monday requesting that a federal judge not dismiss the government's indictment against Milwaukee County Judge Hannah Dugan.
Dugan faces criminal charges after Immigration and Customs Enforcement agents, along with agents from the Drug Enforcement Agency and FBI, arrived in the Milwaukee County Courthouse April 18 to arrest 31-year-old Eduardo Flores-Ruiz for being in the country illegally.
Flores-Ruiz was set to appear in Dugan's courtroom that day for a status hearing on misdemeanor charges against him. When Dugan learned that the agents were outside her courtroom, she confronted them and learned they only had an administrative warrant, which was issued by an agency official and not a judge. An administrative warrant doesn't allow agents to enter private spaces in the courthouse such as Dugan's courtroom.
Later, while the agents were waiting for Flores-Ruiz in the hallway outside the main courtroom door, Dugan sent him and his attorney out a side door into the hallway. One of the agents rode down the elevator with Flores-Ruiz and he was later arrested on the street.
Dugan-DOJ-Filing
Dugan was charged with concealing an individual to prevent arrest, a misdemeanor, and obstruction, which is a felony. Last month, Dugan's attorneys filed a motion to dismiss the case against her, arguing she was acting in her official capacity as a judge and therefore immune from prosecution for her actions and that the federal government is impinging on the state of Wisconsin's authority to operate its court system.
The case drew national attention, with Department of Homeland Security Secretary Kristi Noem and FBI Director Kash Patel both making public statements about Dugan's arrest before she'd even been indicted. Legal experts have questioned the strength of the federal government's case and accused Trump officials of grandstanding to make a political point.
In the Monday filing, federal prosecutors argued that dismissing the case would ignore previously established law that allows judges to face criminal charges.
'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,' the prosecutors 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 is set to appear for trial on July 21.
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