Latest news with #TenthAmendment
New York Post
6 days ago
- Politics
- New York Post
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. 3 Judge Hannah Dugan poses for a photo in Milwaukee in 2016. AP 3 Supporters of Judge Hannah Dugan protest outside the United States Federal Building and Courthouse in Milwaukee, Wis. on Thursday, May 15, 2025 ahead of Dugan's arraignment. AP 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. 3 New video shows Milwaukee County Judge Hannah Dugan outside her courtroom speaking with federal agents who were there to arrest an undocumented man after he appeared in her courtroom. Milwaukee County 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.
Yahoo
6 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'
Fox News
6 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.
Epoch Times
15-05-2025
- Politics
- Epoch Times
Wisconsin Judge Pleads Not Guilty to Helping Illegal Immigrant Man Evade Agents
A Wisconsin judge on Thursday pleaded not guilty to federal charges that alleged she helped an illegal immigrant evade agents earlier this year. Milwaukee County Circuit Judge Hannah Dugan entered her not guilty plea during her arraignment hearing in a federal courthouse in Milwaukee, according to reporters in the courtroom. It came about a day after her attorneys Prosecutors charged Dugan with obstruction and concealing an individual to prevent his arrest. She is accused of escorting a Mexican national and illegal immigrant, Eduardo Flores-Ruiz, who was slated to appear before her on separate misdemeanor battery charges, out of a back door of a courtroom after she learned that Immigration and Customs Enforcement (ICE) agents were waiting to detain him. Dugan's attorneys said in the motion to dismiss that she is innocent and was acting in her official capacity as a judge, meaning she cannot be prosecuted. They also claim that the federal government violated Wisconsin's state sovereignty by disrupting a state courtroom and prosecuting a state judge. Court documents Federal agents arrested him after a short foot chase near the Milwaukee courthouse, according to an FBI Related Stories 5/14/2025 5/15/2025 Witnesses said that Dugan and another judge, who was not named, also approached the federal agents in an 'angry' and 'confrontational' manner, the affidavit said. In a motion to dismiss 'The government's prosecution of Judge Dugan is virtually unprecedented and entirely unconstitutional—it violates the Tenth Amendment and fundamental principles of federalism and comity reflected in that amendment and in the very structure of the United States Constitution,' the attorneys stated. Her arrest was announced by both FBI Director Kash Patel and Attorney General Pam Bondi. Meanwhile, Democrats in Wisconsin said that her arrest suggests that the Trump administration is threatening to overstep its authority. 'The President's administration arresting a sitting judge is a gravely serious and drastic move, and it threatens to breach those very separations of power,' Sen. Tammy Baldwin (D-Wis.) said in a statement in April. At the same time, Democratic Wisconsin Gov. Tony Evers said in a statement that it's part of an alleged effort by the White House to 'undermine our judiciary at every level.' The same week that Dugan was arrested, a New Mexico judge was arrested for allegedly harboring an illegal immigrant accused of being a Venezuelan gang member in a building on his property. Days before that, the state's Supreme Court ordered separately that the judge, Joel Cano, could not serve as a judge anywhere in the state. The Associated Press contributed to this report.
Boston Globe
15-05-2025
- Politics
- Boston Globe
Wisconsin judge accused of obstructing immigration agents seeks dismissal of case
Justice Department officials have defended their prosecution of Dugan. They say the judge directed an immigrant lacking permanent legal status who was appearing in her courtroom last month to an exit that was separate from a hallway where immigration officers were waiting to arrest him. The Justice Department did not immediately respond Wednesday to a request for comment. Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up 'It doesn't matter what line of work you are in, if you break the law, we will follow the facts and we will prosecute you,' Attorney General Pam Bondi has said about the case. Advertisement The immigrant, Eduardo Flores-Ruiz, was arrested outside the courthouse following a foot chase. Flores-Ruiz, a Mexican immigrant, was in the United States illegally, federal authorities have said. He had appeared in Dugan's courtroom in Milwaukee County Circuit Court in connection with a domestic abuse case. Advertisement FBI agents arrested Dugan several days later, and she was indicted Tuesday on charges of concealing a person from arrest and obstruction of proceedings. She is scheduled to appear in federal court in Milwaukee on Thursday. She has been temporarily removed from the bench by the Wisconsin Supreme Court while the federal case against her is in progress. A rally in support of Judge Hannah C. Dugan after she was charged, outside the FBI's Milwaukee Division in St. Francis, Wis., on April 26. JAMIE KELTER DAVIS/NYT The case quickly became synonymous with the Trump administration's broader immigration crackdown, and their warnings to local officials that they must not obstruct deportation efforts. The Trump administration has described the prosecution as a warning that no one is above the law, while many Democrats, lawyers and former judges have denounced it as an assault on the judiciary. Dugan's motion to dismiss the case argued that 'this is no ordinary criminal case, and Dugan is no ordinary criminal defendant,' and referred to the 10th Amendment, which addresses federal and state powers. Dugan's lawyers wrote that the government's prosecution of the judge 'violates the Tenth Amendment and fundamental principles of federalism and comity reflected in that amendment and in the very structure of the United States Constitution.' Steven Wright, who teaches criminal law at the University of Wisconsin Law School, said that the defense is arguing that Dugan was acting in her capacity as judge. 'Just because an individual wears the robe doesn't mean that they get to defy federal law,' he said. 'But as the motion tries to make clear, the Constitution gives judges a great deal of power to keep order in their own courtroom. So I expect in the coming weeks, one of the things the government is going to have to figure out is how to prove that the motive was political as opposed to the orderly administration of justice.' Advertisement This month, more than 150 former state and federal judges signed a letter to Bondi calling the arrest of Dugan an attempt to intimidate the judiciary. 'This cynical effort undermines the rule of law,' that letter said, 'and destroys the trust the American people have in the nation's judges to administer justice in the courtrooms and in the halls of justice across the land.' This article originally appeared in .
