Latest news with #obstruction
Daily Mail
3 days ago
- General
- Daily Mail
Wisconsin judge who shielded illegal migrant from ICE shares latest defense: 'I am absolutely immune'
A Wisconsin judge indicted for allegedly helping an undocumented immigrant evade ICE is now claiming 'absolute judicial immunity' in a broader legal effort to dismiss all charges. Hannah Dugan, 66, a Milwaukee County Circuit Court judge, was arrested by FBI agents on April 25 for allegedly preventing Immigration and Customs Enforcement (ICE) agents from detaining a man in her courtroom. The man, 31-year-old Eduardo Flores-Ruiz, was reportedly subject to a federal detainer at the time. Federal prosecutors allege Dugan directed ICE officers to the chief judge's office while allowing Flores-Ruiz and his attorney to exit through a door typically used by jurors. The long-time judge was later indicted on May 13 on charges of obstructing a federal agency and aiding Flores-Ruiz's escape. However, in a 37-page memorandum filed May 14, her attorneys argued the indictment is an 'ugly innovation' that threatens long-standing legal precedent. They claim Dugan is protected by 'absolute judicial immunity' for actions taken as part of her official duties, even if those actions are later contested. 'Judges can be and are charged for actions wholly unrelated to their role, like taking bribes or kidnapping,' the memo notes, adding that Dugan's conduct occurred squarely within her judicial capacity. Her high-powered legal team, including attorney Dean Strang, warned the case could set a 'dangerous precedent,' undermining judicial independence. 'This is an extraordinary prosecution that poses a threat to federalism and judicial independence,' the filing states. '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 continues: '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.' This latest motion expands on an earlier filing with more detailed arguments about federal overreach and the constitutional role of judges. Dugan's attorneys maintain she acted within her jurisdiction and broke no laws in declining to facilitate the detention. The US Department of Justice, however, characterizes the incident as obstruction of federal law, triggering a contentious legal and political debate. An amicus brief filed on Friday by 138 former state and federal judges supports Dugan, arguing she is entitled to 'absolute immunity for her official acts.' The brief compares this protection to that granted to members of the legislative and executive branches. It calls the prosecution an 'egregious overreach by the executive branch' that 'threatens public trust in the judicial system and the ability of the public to avail themselves of courthouses without fear of reprisal.' But, the Justice Department maintains that no one - including judges - is above the law when it comes to obstructing federal immigration operations. '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 Department of Homeland Security Tricia McLaughlin said in a statement. Dugan, who was released after her arrest, pleaded not guilty earlier this month. Her trial is set to begin the week of July 21. If found guilty of both charges, she could face up to six years in prison and $350,000 in fines. She has served as a Milwaukee County Circuit Court judge since 2016, winning election with about 65 percent of the vote and running unopposed for reelection in 2022, according to CBS News. As for Flores-Ruiz, he had appeared in Dugan's court on April 18 for a status conference in a misdemeanor battery case, according to the Milwaukee Journal Sentinel. He is accused of repeatedly hitting and briefly strangling his roommate, and also striking two women who tried to intervene. Flores-Ruiz has pleaded not guilty to three battery charges and to a separate federal charge of illegally re-entering the US after being deported to Mexico 12 years ago. Six federal agents were present at the courthouse on April 18 to arrest him. He was ultimately taken into custody after a short chase outside the courthouse.
Yahoo
3 days ago
- General
- Yahoo
Palm Coast man hiding in attic crashes through ceiling in K-9 closes in
A wanted man literally dropped in on a group of Flagler County Sheriff's Office deputies Monday, May 26: He crashed through the ceiling of a home. Deputies were searching a house when they discovered the man hiding in the attic. As a K-9 climbed into the attic, the man took a wrong step and crashed through the ceiling, leaving a ragged hole. "Hey, you should've just come out, man — that would have been easier," a deputy told the man as he was led away in handcuffs. And it would have saved the cost of repairing the ceiling. Tarod Lovell Weaver, 37, was charged with obstruction without violence and false name/ID given to a law enforcement officer, according to a charging affidavit. He was released on $2,000 bond. On Monday, deputies went to the duplex on Pine Haven Drive with an out-of-county warrant for Weaver. A woman at the door asked why they wanted to talk to her son, according to a charging affidavit. She closed the front door, saying she would get him. Shortly after, deputies found a man with the woman at the rear of the residence. The man gave them a name, but deputies later discovered it was a false identity. Deputies surrounded the house to prevent Weaver from fleeing. Subsequently, the woman and a couple of others walked out the front door. They all claimed not to know where Weaver was, the affidavit stated. The woman consented to deputies searching the house. During the search, deputies found Weaver hiding in the attic, the affidavit stated, and sent a K-9 up to into the attic. "Let me see your hands (and) you won't get bit," a deputy said. Another warns Weaver that the dog is about to drag him out of the attic. But before the dog reached Weaver, he stepped in the wrong spot, according to a body camera video. Weaver then crashed through the ceiling to the floor of the porch, the affidavit stated. A jagged hole was left in the ceiling. A woman, apparently a resident, asked "Who's going to fix that?" Said a deputy: "Not us." This article originally appeared on The Daytona Beach News-Journal: Palm Coast man falls through ceiling as sheriff's K-9 nears
Yahoo
5 days ago
- General
- Yahoo
Police issue parking ticket to car for causing 'unnecessary obstruction'
CUMBRIA Police have given a vehicle a ticket in Whitehaven. The car was causing an 'unnecessary obstruction' in the town centre. The police say that parking issues are a priority for them in Whitehaven. In a post on social media, Cumbria Police wrote: "While on foot patrol, a vehicle was given a ticket for causing an unnecessary obstruction on New Street, Whitehaven by PC 2857. "There must be enough room for a person with a pram/wheelchair to safely get past. "Parking issues are a priority within Whitehaven Town Centre and will continue to be monitored and dealt with accordingly."
Daily Mail
23-05-2025
- Politics
- Daily Mail
Woke judge's despicable act with illegal migrant is caught on bombshell court surveillance footage
A Wisconsin judge accused of helping an illegal migrant evade Immigration and Customs Enforcement officials was caught on surveillance footage trying to distract the officers. Hannah Dugan allegedly helped Eduardo Flores-Ruiz, a Mexican national, evade arrest when he appeared in her courtroom on April 18 for a pretrial hearing in a domestic abuse case. Federal prosecutors have claimed Dugan directed the ICE agents to the chief judge, and helping Flores-Ruiz and his attorney leave the courtroom through a restricted exit typically used by jurors. Newly released surveillance footage from the Milwaukee County Courthouse that day apparently shows her engaging in the conduct, for which she is charged with obstructing a federal investigation and concealing an individual to prevent arrest. In the footage released by Milwaukee County under an open records request, Dugan could be seen wearing her black robes and confronting federal agents. As they then walked away, Flores-Ruiz and his attorney were seen leaving through the so-called jury door. An agent could also be seen following Flores-Ruiz onto an elevator and out of the courthouse. Soon, Flores-Ruiz was caught running north for nearly a block before agents ultimately apprehended him outside of the courthouse. Federal prosecutors arrested Dugan one week later, with a criminal complaint claiming she 'became visibly angry' and called the ICE agents presence at the court hearing 'absurd,' before she left the bench. 'Witnesses uniformly reported that Judge Dugan was visibly upset and had a confrontational, angry demeanor,' it stated Dugan then allegedly asked the officers to leave and informed them they needed a judicial warrant to arrest Flores-Ruiz. An affidavit also claimed Dugan told the migrant and his attorney, 'wait come with me' before they left the courthouse and directed them to the back jury door. The courtroom deputy told investigators that the door is only used for deputies, juries, court staff, and defendants already in custody. The deputy added that defense attorneys and defendants who weren't in custody 'never' used that door. At that point, the criminal complaint says, Dugan adjourned the case without the state attorney's knowledge. Flores-Ruiz had been accused of punching someone 30 times in the face after they complained he was playing loud music. He was charged with three counts of misdemeanor battery for allegedly assaulting three people on March 12. Flores-Ruiz also faces charges for allegedly returning to the US illegally after prosecutors say he was deported in 2013. ICE agents in Milwaukee were then alerted to Flores-Ruiz's hearing on April 18, and agents showed up at the courthouse to arrest him. He is now due back in court on June 2 for a final pretrial conference, and a status conference for his battery and domestic abuse charges is set for June 18. Meanwhile, Dugan has also pleaded not guilty to the charges, as her attorneys try to get the indictment tossed out - arguing that as a judge she is immune from prosecution over official actions and that the case intrudes on state authority. 'The government's prosecution of Judge Dugan is virtually unprecedented and entirely unconstitutional,' her lawyers wrote in a court filing. Dugan is being supported by over 150 former state and federal judges, who signed a letter to Attorney General Pam Bondi calling her arrest an 'assault on the judiciary, the Rule of Law and those who administer it.' Wisconsin Senator Tammy Baldwin also stood by Dugan, writing in a statement that the arrest was a 'gravely serious and drastic move.' 'Make no mistake, we do not have kings in this country and we are a Democracy governed by laws that everyone must abide by,' Baldwin previously said. 'By relentlessly attacking the judicial system, flouting court orders, and arresting a sitting judge, this President is putting those basic Democratic values that Wisconsinites hold dear on the line.' Yet the Wisconsin Supreme Court has suspended the judge, claiming it was in the public interest to relieve her of her duties as she faces the federal charges. The order noted that the court was acting on its own initiative and was not responding to a request from anyone. Liberal justices control the court 4-3. Dugan's legal team said it was disappointed 'that the Court acted in unilateral fashion. We continue to assert Judge Dugan's innocence and look forward to her vindication in court.' She is now due back in court on July 9 for a pretrial hearing and a jury trial is set for July 21.
CBC
22-05-2025
- CBC
Supreme Court hears case involving police wiretap, obstruction charge against Regina lawyer
Social Sharing The Supreme Court of Canada is wading into the case of a Regina lawyer charged with obstruction after police intercepted calls during a drug investigation. Defence lawyer Sharon Fox was charged in May 2021 after a police wiretap two years earlier captured her speaking with a client. The police were investigating alleged drug trafficking, and Fox was counsel for more than one of the suspects. Fox was acquitted at trial, and then again at the Saskatchewan Court of Appeal. But since the Court of Appeal decision was not unanimous, the Crown appealed, and the Supreme Court agreed to hear the case. Saskatoon's Brian Pfefferle is one of the lawyers who represented Fox at the Supreme Court hearing earlier this week. He said the high court's ultimate decision could have far-reaching impacts on the relationship between lawyers and clients. "We have a situation where the Supreme Court could potentially say that, in certain circumstances, lawyers are able to violate [solicitor-client] privilege," he said in an interview. "This is an erosion of a fundamental thing in our society, potentially." 'She has been under surveillance' The Regina Police Service's case against Fox turned on a cellphone recording between Fox and a client. Fox had reached out to tell the man that another client of hers had been under police surveillance for alleged drug trafficking and that search warrants would be executed, Pfefferle said. A transcript of the Oct. 21, 2019, call was part of the 2022 Court of King's Bench decision following Fox's initial trial. "She has been under surveillance," Fox said on the call to her client, referring to another client. "Um, you should know what that means." Police alleged that amounted to Fox advising the man to destroy evidence. At her original trial, court heard that police had stopped listening 20 seconds into the call, after Fox had introduced herself as a lawyer, because they had to respect solicitor-client privilege. Justice Michael Tochor issued a fiat on Dec. 21, 2020, in which he declared the first two minutes and 25 seconds of the call were not subject to solicitor-client privilege and could be released to the police. The remaining four minutes and 15 seconds were found to be subject to solicitor-client privilege and were to remain sealed. Tochor provided written reasons for his decision on privilege, which he ordered sealed. Left with choice to 'give it up or else': defence Pfefferle said the decision to allow part of the call into evidence placed Fox in an untenable position. She could not speak to the full call with her client, because that would have broken her professional oath to respect confidentiality. "She's being forced to either go to war with her client, or put herself on the line without the full truth," he said. "The police are saying, 'We've got one-third of the conversation. The other two-thirds — give it up or else.'" The trial judge agreed and acquitted Fox. The Crown appealed and, although she won at the Court of Appeal, one of the three justices dissented, opening the door for the Supreme Court to consider the case. In addition to Pfefferle, the Supreme Court also heard from a number of groups granted intervener status, including the attorneys general of Alberta and Ontario, the Canadian Civil Liberties Association and the federal director of public prosecutions. The Supreme Court has reserved its decision, and did not set a date for delivering it.
