Milwaukee judge not immune from charges after allegedly helping illegal immigrant evade ICE, prosecutors say

Federal prosecutors are pushing back against Milwaukee Judge Hannah Dugan's motion to dismiss an indictment filed against her for allegedly helping an illegal immigrant evade Immigration and Customs Enforcement (ICE) officers in the Milwaukee County Courthouse last month.
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.
Her attorneys say she is entitled to judicial immunity and that the federal government overstepped its authority by arresting and charging her, violating her 10th Amendment rights and the principle of separation of powers, according to court documents filed in late May.
On Wednesday, prosecutors filed a response to her motion to dismiss, noting that "the Supreme Court has made clear that judges are not immune from criminal liability."
"In the end, Dugan asks for this Court to develop a novel doctrine of judicial immunity from criminal prosecution, and to apply it to the facts alleged in the indictment, all without reasonable basis—directly or indirectly—in the Constitution, statutes, or case law," prosecutors wrote.
"In her lengthy memorandum, Dugan concedes that '[j]udges, like legislators and executive officials, are not above the law,'" they said.
"Dugan's desired ruling would, in essence, say that judges are 'above the law,' and uniquely entitled to interfere with federal law enforcement," prosecutors added.
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 on April 18 while ICE agents were attempting to serve a warrant.
The surveillance footage recently 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.
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.
WATCH THE SURVEILLANCE FOOTAGE:
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.
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.
While Dugan argues that ICE agents interrupted goings-on in the courthouse on April 18, prosecutors say it was Dugan who disrupted proceedings.
"The evidence also will show that agents were not in the courtroom when Dugan took the bench, but that—after being told by a member of her staff that ICE agents were present in the hallway—Dugan chose to pause an unrelated case, leave her courtroom, disrupt proceedings in a colleague's courtroom to commandeer her assistance, and then confront agents in the public hallway," the filing says.
Prosecutors say evidence also shows Dugan directing agents to the chief judge's office even while knowing he was out, then she "quickly returned to her courtroom and, among other things, directed [Florez-Ruiz's] attorney to 'take your client out and come back and get a date; and then to go through the jury door and down the stairs' before physically escorting [Flroes-Ruiz] and his attorney into a non-public hallway with access to a stairwell that led to a courthouse exit," filings say.
Dugan "did this all just days after thanking a colleague for providing information which explained that ICE could lawfully make arrests in the courthouse hall," prosecutors stated Wednesday.
"Put simply, nothing in the indictment or the anticipated evidence at trial supports Dugan's assertion that agents 'disrupted' the court's docket; instead, all events arose from Dugan's unilateral, non-judicial, and unofficial actions in obstructing a federal immigration matter over which she, as a Wisconsin state judge, had no authority," the document reads. "At the very least, for purposes of deciding this motion, Dugan's claims to the contrary find no support in the indictment and should be rejected."
One of Dugan's defense attorneys, Dean Strang, told Fox News Digital that her counsel has a "good reply" to prosecutors' Wednesday filing, but her team is waiting until their reply brief, due next Monday, to make it.
The Milwaukee judge has pleaded not guilty to charges filed against her, and a federal judge has set her trial date for July 21.
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.
Federal officials arrested Dugan a week after the courthouse incident.
Dugan could face 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.
In April, 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 said.

Try Our AI Features

Explore what Daily8 AI can do for you:

Learn with AIFact CheckingText to SpeechAI Summary

Related Articles

Wall Street Journal

33 minutes ago

• Wall Street Journal

Man Arrested for Antisemitic Threats Against GOP Lawmaker in Ohio

A man in Ohio was arrested for shouting antisemitic slurs and threats at U.S. Rep. Max Miller as he drove to work Thursday morning, authorities said. The congressman, who is Jewish, tweeted that the other person ran him off the road and showed him a Palestinian flag.

Fox News

34 minutes ago

• Fox News

Trump says Harvard agreement on international students may be announced within a week

President Donald Trump on Friday said a deal with Harvard University, related to its policies surrounding international students, may be announced within a week. "Many people have been asking what is going on with Harvard University and their largescale improprieties that we have been addressing, looking for a solution," Trump wrote on Truth Social. "We have been working closely with Harvard, and it is very possible that a Deal will be announced over the next week or so." The president noted the university "acted extremely appropriately" during negotiations, applauding leadership's apparent commitment to do "what is right." "If a Settlement is made on the basis that is currently being discussed, it will be "mindbogglingly" HISTORIC, and very good for our Country," Trump wrote. The announcement came as Federal Judge Allison Burroughs on Friday issued a preliminary injunction, allowing Harvard University to continue hosting international students, despite a Trump executive order. It is a major legal victory for the Ivy League school, which has been fighting a variety of restrictions imposed by the administration. The temporary court order stays in effect until the case is fully decided on the merits. Harvard University sued the Department of Homeland Security (DHS), challenging the revocation of Harvard's Student and Exchange Visitor Program (SEVP). Without the program, current and future international students would be barred from attending the university. Harvard alleged the revocation was the culmination of a retaliatory campaign by the Trump administration on academic freedom at Harvard. Attorneys argued the policy is an infringement of the university's Due Process and First Amendment rights, in particular Harvard's constitutional right to be free of retaliatory action for protected speech, as well as violating the Administrative Procedures Act (APA). The order states the revocation cannot be used to negatively affect visa applications, deny entry to the U.S., or be used as a reason to claim a visa holder has lost their non-immigrant status. Harvard University did not immediately respond to Fox News Digital's request for comment.

CNN

34 minutes ago

• CNN

Why aren't tariffs causing inflation?

Why aren't tariffs causing inflation? For the past year, many economists warned that tariffs would increase prices, but inflation is lower today than when President Trump took office. CNN's Matt Egan breaks down why this might be the case and how economists expect that to change in the coming months. 01:09 - Source: CNN Vertical Trending Now 15 videos Why aren't tariffs causing inflation? For the past year, many economists warned that tariffs would increase prices, but inflation is lower today than when President Trump took office. CNN's Matt Egan breaks down why this might be the case and how economists expect that to change in the coming months. 01:09 - Source: CNN 50 years of 'Jaws' and shark attacks As Steven Spielberg's summer blockbuster 'Jaws' turns 50, CNN's Harry Enten figures out how likely it is to be attacked by a shark and whether we should fear the waters. 01:57 - Source: CNN Erupting volcano puts Indonesians on high alert Mount Lewotobi Laki Laki, one of Indonesia's most active volcanoes, erupted Tuesday, sending an ash cloud high into the air. The country's volcanology agency has raised the alert level to the highest. 00:59 - Source: CNN The NHL Stanley Cup's perfect imperfections The Stanley Cup is one of the most iconic trophies in all of sports, but one of the reasons the NHL's championship trophy is so lionized is its perfect imperfections. CNN's Coy Wire spoke to The Keeper of the Cup Howie Borrow for a tour of some of the trophy's character-building bloopers. 01:02 - Source: CNN Storm chaser captures 'unprecedented' view of monster hailstones falling from sky Storm chaser and research scientist Sean Waugh has documented softball sized (or greater) hailstones in freefall with an ultra-high-tech camera mounted on a retrofitted research vehicle. The goal – to study and better understand what makes gigantic hail form, and how to better detect it and ultimately improve severe weather warnings. Sean speaks with CNN Meteorologist Derek Van Dam while on the road, capturing imagery of this very impactful and expensive natural phenomenon. (edited) 01:47 - Source: CNN Flash flood destroys apartment building An apartment building in West Virginia partially collapsed as flash floods hit the area. The governor's office said at least five people are dead and four people remain missing following the floods. 00:31 - Source: CNN After talking to hundreds of dads, this podcaster shares his two biggest lessons Dr. John Delony speaks to millions of listeners on his popular podcast about mental health, family and relationships. As a therapist, he's used to offering advice to struggling fathers, but we asked him about the biggest lessons he's learned as a dad. 01:32 - Source: CNN Rare deep-sea squid filmed alive for first time Scientists have captured the first-ever footage of the elusive Gonatus antarcticus squid alive in its deep-sea habitat. CNN's Jeremy Roth describes the rare encounter. For more on this story, visit 01:12 - Source: CNN Trump draws boos and cheers at Kennedy Center President Donald Trump drew charged reactions of both admiration and ire at the Kennedy Center's opening night of "Les Misérables." 00:29 - Source: CNN The many adventures of the Stanley Cup Winner's of the NHL's Stanley Cup each get to take the cup for a day and do whatever they want with it. CNN's Coy Wire recounts some of the Cup's wildest days out. 00:43 - Source: CNN BTS members discharged from South Korean military One of the world's biggest boybands could soon be making a comeback with six out of seven members of K-Pop supergroup BTS now discharged from South Korea's mandatory military service. The band plans to reunite at some point later this year. 00:47 - Source: CNN Combs requests mistrial for a second time CNN's Elizabeth Wagmeister explains that Sean "Diddy" Combs' defense team requested a mistrial for a second time, which was denied. Combs' team accused the prosecution of presenting false testimony from Bryana Bongolan, a friend of Cassie Ventura's, who testified that Combs dangled her over a balcony. 01:26 - Source: CNN Tennessee sheriff's office airlifts escaped zebra to safety DEK: A zebra, that escaped from its owner in Christiana, Tennessee was captured on Sunday and airlifted to safety by the local sheriff's office. The animal, named Ed, had been reported missing just a day after he was acquired by its owners in Rutherford County. They have since been reunited. 00:35 - Source: CNN Jamie Foxx breaks down during BET Awards acceptance speech Jamie Foxx was overcome with emotion while accepting the Ultimate Icon Award at the BET Awards. He reflected on his 2023 health scare. 00:45 - Source: CNN See what's coming to your iPhone and other Apple devices Apple announced major software updates at its annual Worldwide Developers Conference. Most of the new features won't reach users' devices for a few months when OS 26 releases this fall. 01:49 - Source: CNN