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The trial of Milwaukee Judge Hannah Dugan is off the judicial calendar, as the federal court looks to rule on her motion to have the case dismissed.
Last month, Judge Dugan moved to have the case against her dismissed a day after a federal grand jury indicted her on two separate counts for obstructing Immigration and Customs Enforcement (ICE) agents who were attempting to arrest an illegal alien, Eduardo Flores-Ruiz, in her courthouse.
Dugan’s lawyers have attempted to dismiss the federal case against her by means of the 10th Amendment, concerning judicial impunity.
“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 motion to dismiss states.
“Even if (contrary to what the trial evidence would show) Judge Dugan took the actions the complaint alleges, these plainly were judicial acts for which she has absolute immunity from criminal prosecution. Judges are empowered to maintain control over their courtrooms specifically and the courthouse generally.”
Dugan is alleged to have directed Flores-Ruiz to exit the courthouse when she became aware of ICE agents in the building.
Footage obtained via an open-records request shows Judge Dugan in her robes as she walks through the courthouse to confront the ICE agents.
The footage also shows Flores-Ruiz and his lawyer sneaking out of the building via the jury door.
Agents gave chase and later apprehended the alien.
Judge Dugan is facing six years in prison and $350,000 in fines.
