A federal magistrate judge ruled on Monday that Milwaukee County Judge Hannah Dugan cannot dismiss her federal case based on claims of judicial immunity.
“Dugan seeks to dismiss the indictment under Fed. R. Crim. P. 12(b), arguing that her role as a judge shields her from criminal prosecution for actions taken in her official capacity, that her prosecution oversteps federal authority as outlined in the Tenth Amendment, and that the indictment should be dismissed under the principle of constitutional avoidance,” magistrate judge Nancy Joseph noted.
“For the reasons detailed below, I recommend that Dugan’s motion to dismiss be denied,” she concluded.
In May, Judge Dugan filed for dismissal just a day after a federal grand jury charged her with two counts related to obstructing an arrest by Immigration and Customs Enforcement (ICE) earlier this spring.
In April, the grand jury indicted Dugan for allegedly aiding an undocumented immigrant in evading ICE agents.
If convicted, Dugan could face up to six years in prison and fines amounting to $350,000.
According to the FBI, Dugan was incensed upon discovering that ICE agents were poised outside her courtroom to arrest Eduardo Flores-Ruiz, an undocumented individual involved in a domestic abuse case she was presiding over. It is alleged that she instructed Flores-Ruiz to exit the courthouse through a private jury door to avoid capture.
FBI Director Kash Patel accused Judge Dugan of having “intentionally misdirected federal agents away from the individual slated for arrest at her courthouse.”
The alarming criminal complaint outlined how Judge Dugan allegedly intimidated federal agents and facilitated the illegal immigrant’s escape.
Upon learning of ICE’s presence, Dugan reportedly confronted the arrest team of agents.
Footage captures Dugan, in her judicial robes, traversing the courthouse corridors to confront the plainclothes ICE agents.
Subsequently, Flores-Ruiz and his attorney were seen using the “jury door” to slip away and avoid apprehension.
Federal agents were then observed sprinting into the street in pursuit of Flores-Ruiz before successfully apprehending him. Judge Dugan’s actions placed the agents in jeopardy.
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