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Wisconsin judge claims 'absolute immunity,' calls DOJ indictment an 'ugly innovation'
Wisconsin judge claims 'absolute immunity,' calls DOJ indictment an 'ugly innovation'

Yahoo

time4 days ago

  • General
  • Yahoo

Wisconsin judge claims 'absolute immunity,' calls DOJ indictment an 'ugly innovation'

The legal team representing a Wisconsin judge accused of helping a man evade immigration authorities recently expanded their motion to dismiss the case. 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. Milwaukee Judge Hannah Dugan Enters Not Guilty Plea In Federal Court 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. Read On The Fox News App 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. New Footage Shows Milwaukee Judge Confronting Ice Before Allegedly Helping Illegal Immigrant Exit 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. Milwaukee Judge Indicted For Helping Immigrant Evade Ice Faces Up To 6 Years In Prison 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. A member of Dugan's legal team declined to comment on the case. Fox News Digital's Greg Norman and Audrey Conklin contributed to this article source: Wisconsin judge claims 'absolute immunity,' calls DOJ indictment an 'ugly innovation'

Wisconsin judge claims 'absolute immunity,' calls DOJ indictment an 'ugly innovation'
Wisconsin judge claims 'absolute immunity,' calls DOJ indictment an 'ugly innovation'

Fox News

time4 days ago

  • General
  • Fox News

Wisconsin judge claims 'absolute immunity,' calls DOJ indictment an 'ugly innovation'

The legal team representing a Wisconsin judge accused of helping a man evade immigration authorities recently expanded their motion to dismiss the case. 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.

Hannah Dugan's legal team files memo arguing for dismissal, citing Trump ruling as precedent
Hannah Dugan's legal team files memo arguing for dismissal, citing Trump ruling as precedent

Yahoo

time5 days ago

  • General
  • Yahoo

Hannah Dugan's legal team files memo arguing for dismissal, citing Trump ruling as precedent

Lawyers representing Milwaukee County Judge Hannah Dugan filed a memorandum May 29 arguing her federal prosecution is not allowed, citing what they say is more than 400 years of legal precedent supporting their position. The 37-page memorandum supports and expands on a motion to dismiss, which Dugan's legal team filed on May 14, the day after she was indicted on charges she helped an undocumented immigrant who was appearing in her court evade federal officers. In the filings, attorney Dean Strang and others on the high-powered legal team argue that as a judge, Dugan has "absolute immunity" for official acts in her courtroom and she cannot be charged for them. Dugan's lawyers also argue the prosecution constitutes federal overreach, violating the 10th Amendment to the U.S. Constitution, which delineates states' rights. "This is an extraordinary prosecution that poses a threat to federalism and judicial independence," the filing says. "Dismissal here flows from a straightforward application of long-settled law. The indictment itself is an ugly innovation. Its dismissal will not be." The filing goes on to say: "Nothing in the Constitution allows the federal government to superintend the administration and case-by-case, daily functioning of state courts as this indictment proposes." Dugan was indicted May 13 on charges she obstructed a federal agency and helped Eduardo Flores-Ruiz escape. Flores-Ruiz, 31, was arrested following a short chase outside the courthouse. Dugan herself was arrested by the FBI at the courthouse a week later. Dugan, 66, has pleaded not guilty to the charges and currently has a trial date of July 21 before U.S. District Judge Lynn Adelman. The deadline for motions is May 30. Acting U.S. Attorney Rick Frohling was not immediately available for comment. Kenneth Gale, a spokesman for the U.S. Attorney's Office in Milwaukee, said he does not expect prosecutors in the case to respond in the media to the filing. Federal prosecutors have until June 9 to reply to the defense's motion to dismiss and the defense must reply by June 16. Then the matter will be before U.S. Magistrate Judge Nancy Joseph, who will write a report and recommendations for Adelman. Flores-Ruiz was in Dugan's court April 18 for a status conference on a misdemeanor battery case. He was charged with repeatedly hitting his roommate in the head and briefly strangling him, according to the complaint. Two women who tried to intervene also were hit, it says. Flores-Ruiz has pleaded not guilty to the battery charge and also to a federal charge that he re-entered the country after he was deported 12 years ago. Six federal officers were in the county courthouse on April 18 to arrest him. Federal prosecutors allege that Dugan helped Flores-Ruiz elude federal officers by sending the officers to the chief judge's office and allowing Flores-Ruiz and his attorney to exit a door used by jurors. That door emptied into a public hallway about 15 feet from the main entrance. A federal agent was in the hallway, spotted him and followed. Flores-Ruiz was arrested outside the courthouse. On May 21, Milwaukee County released several hours of surveillance video, some of which will likely be shown if Dugan goes to trial. In the video, Dugan and another judge are seen talking to the agents and directing them to the chief judge. In the motion to dismiss, the defense argued: "Immunity is not a defense to the prosecution to be determined later by a jury or court; it is an absolute bar to the prosecution at the outset." "The immunity and federalism issues must be resolved swiftly because the government has no basis in law to prosecute her. The prosecution against her is barred." The motion goes on to call the prosecution "virtually unprecedented and entirely unconstitutional" and calls problems with the case "legion. In support of the immunity claim, the motion cites a U.S. Supreme Court ruling focused on then former-President Donald Trump's claim of immunity from prosecution. This article will be updated. This article originally appeared on Milwaukee Journal Sentinel: Judge Hannah Dugan lawyers file memo arguing for dismissal

New footage shows Milwaukee judge confronting ICE before allegedly helping illegal immigrant exit
New footage shows Milwaukee judge confronting ICE before allegedly helping illegal immigrant exit

Yahoo

time23-05-2025

  • Yahoo

New footage shows Milwaukee judge confronting ICE before allegedly helping illegal immigrant exit

Newly released video footage appears to show Milwaukee Judge Hannah Dugan speaking with Immigration and Customs Enforcement (ICE) agents in the Milwaukee County Courthouse before she allegedly directed an illegal immigrant defendant to leave through a private exit. Dugan, 65, was indicted last month on federal charges of obstruction of proceedings before a U.S. agency and unlawful concealment of an individual subject to arrest. Federal prosecutors allege that the Milwaukee Circuit Court judge personally escorted Mexican illegal immigrant and domestic battery suspect Eduardo Flores-Ruiz out of the courthouse in April while ICE agents were attempting to serve a warrant. The surveillance footage, released by Milwaukee County in response to an open records request, appears to show Dugan, wearing her black robe, confronting ICE agents in the courthouse hallway. Milwaukee Judge Hannah Dugan To Enter Plea In Federal Court Federal prosecutors say members of ICE Enforcement and Removal Operations (ERO), along with federal partners from the FBI, DEA, and U.S. Customs and Border Protection, were preparing to serve Flores-Ruiz with a warrant in a public courthouse hallway on April 18 before his scheduled court appearance with Dugan. Read On The Fox News App After becoming aware of what federal officials described as a valid immigration arrest warrant for Flores-Ruiz, Dugan allegedly told agents that they needed a judicial warrant and told them to go to the chief judge's office. Milwaukee Judge Indicted For Helping Immigrant Evade Ice Faces Up To 6 Years In Prison The agents then left their place in the hallway, at which point Dugan allegedly chose not to hold a hearing for Flores-Ruiz and "personally escorted" the suspect and his attorney through a private exit while the victims of his alleged crimes were in the courthouse at the time, the Justice Department said in a press release. Milwaukee County Judge Hannah Dugan Indicted After Allegedly Helping Illegal Alien Evade Ice A federal indictment accuses Dugan of "falsely" telling federal officials in April that they needed a warrant to come into her courtroom during a scheduled appearance by Flores-Ruiz, an undocumented Mexican national facing three misdemeanor battery charges. Video footage appears to show Flores-Ruiz exiting the courthouse with his attorney, while an ICE agent follows him, and then running alongside the building for about a block before agents capture and arrest him. Wisconsin Judge Accused Of Obstructing Ice Could Face Years In Prison, Doj Has 'Upper Hand': Former Prosecutor Federal officials arrested Dugan a week after the courthouse incident. Dugan faces a maximum sentence of six years. She has pleaded not guilty to the charges filed against her. Fox News Digital has reached out to her attorney, Craig Mastantuono, for comment on the footage. Last month, Dugan's legal team also filed a motion to dismiss the federal case against her, saying the judge "is entitled to judicial immunity for her official acts." "Immunity is not a defense to the prosecution to be determined later by a jury or court; it is an absolute bar to the prosecution at the outset," the motion article source: New footage shows Milwaukee judge confronting ICE before allegedly helping illegal immigrant exit

Wisconsin Judge Hannah Dugan seen ‘sneaking illegal migrant out of court' after distracting ICE agents, new video shows
Wisconsin Judge Hannah Dugan seen ‘sneaking illegal migrant out of court' after distracting ICE agents, new video shows

Sky News AU

time23-05-2025

  • Sky News AU

Wisconsin Judge Hannah Dugan seen ‘sneaking illegal migrant out of court' after distracting ICE agents, new video shows

The Wisconsin judge indicted for allegedly helping an illegal immigrant evade authorities is seen confronting Immigration and Customs Enforcement agents shortly before directing the migrant toward a private exit out of the court, newly released video footage appears to show. Milwaukee County Judge Hannah Dugan is seen in her black robes speaking to federal agents who were reportedly there to arrest Eduardo Flores-Ruiz, a Mexican national facing three charges of domestic battery. The video, released by Milwaukee County through an open records request, is part of the evidence in the case against Dugan, who prosecutors say obstructed a federal investigation by concealing Flores-Ruiz and allowing him to leave the courtroom through a different door after sending the ICE agents to speak to the chief judge. In the footage from April 18, the ICE agents are seen going down a hallway after being directed through a door by Judge Dugan. These movements show Dugan trying to distract the agents' attention as they came to arrest Flores-Ruiz, prosecutors claim. The video also shows Flores-Ruiz and his attorney going through a restricted exit usually used by jurors shortly after the ICE agents leave. One federal agent follows Flores-Ruiz as he goes into an elevator and later exits the courthouse, the video shows. Flores-Ruiz is later seen running north for almost a block before being caught by ICE agents. Judge Dugan was arrested one week later, according to a criminal complaint, and indicted on May 13 after a federal grand jury found probable cause to move the case forward. Her attorneys filed a motion to dismiss, citing judicial immunity for her official acts. On May 15, she pleaded not guilty to the charges and is due to appear in federal court on July 9 for a pretrial hearing. Her jury trial is set for July 21, court records show. Flores-Ruiz remains in federal custody on immigration charges while his domestic violence case progresses through Milwaukee County Court. He faces federal charges for allegedly returning to the US illegally after he was deported in 2013, prosecutors claim. Flores-Ruiz pleaded not guilty to those charges earlier this month and is due back in federal court on June 24 at 3:30 p.m. for a final pretrial conference, court records show. A status conference for his battery and domestic abuse charges is set for June 18, court records show. Originally published as Wisconsin Judge Hannah Dugan seen 'sneaking illegal migrant out of court' after distracting ICE agents, new video shows

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