A magistrate judge in the United States has recommended that the case against a Wisconsin judge, who is accused of aiding a Mexican immigrant in avoiding federal custody, should proceed.
In April, Judge Hannah Dugan of Milwaukee County was arrested and charged with obstructing an immigration arrest operation.
In May, Dugan pleaded not guilty to the federal charges, asserting that her role as a judge grants her immunity from prosecution for actions taken in her official capacity within the courthouse. She further contended that the federal prosecution violated the constitutional separation of powers.
Nevertheless, in a nonbinding recommendation released on Monday, Magistrate Judge Nancy Joseph advised against dismissing the charges against Dugan, stating that “a judge’s actions, even when performed in her official role, do not exempt her from criminal prosecution if those actions contravene the law.”
Judge Joseph further elaborated that the questions surrounding whether Dugan violated the law or was simply executing her judicial responsibilities, along with the disagreement between the parties regarding the facts of the case, cannot be resolved through a motion to dismiss.
“We are disheartened by the magistrate judge’s non-binding recommendation, and we intend to appeal it,” stated Dugan’s attorney, Steven Biskupic. “This is merely one step in what we anticipate will be a lengthy process to uphold the independence and integrity of our judicial system.”
Dugan’s arrest signifies a notable escalation in the administration’s threats to target local officials it views as obstructing its efforts to implement mass deportations.
The government has accused Dugan of redirecting federal immigration officials away from a court hearing on April 18, where Eduardo Flores-Ruiz was set to appear on misdemeanor state assault charges.
According to the criminal complaint lodged against Dugan, she guided the man and his attorney out of her courtroom through a jury exit that leads to a secluded section of the courthouse—but it was not long before federal agents positioned in an adjacent public hallway identified Flores-Ruiz, whom they subsequently pursued and apprehended.
A few days later, Dugan was taken into custody and handcuffed in a public setting, following which he was suspended from his duties.
If found guilty on both charges, Dugan could potentially face a maximum of six years in prison and a fine of $350,000.
Last month, Flores-Ruiz agreed to plead guilty to the charge of unlawfully re-entering the United States after his deportation in 2013. As part of the plea agreement, he faces a maximum of two years in prison and has consented to be deported following the completion of his sentence.
In April, the Wisconsin Supreme Court issued an administrative order on Tuesday instructing Milwaukee Circuit Court Judge Hannah Dugan to be “temporarily relieved of her official duties.”
Dugan was arrested and charged with obstruction of an official procedure on Friday after evidence emerged indicating that she had concealed an illegal immigrant from federal authorities, as stated in a criminal complaint. She was also charged with hiding a person to evade detection and arrest.
The order specified that Dugan “is temporarily prohibited from exercising the powers of a circuit court judge in the State of Wisconsin.”
The state Supreme Court indicated that the ruling would remain in effect “until further order of the court.”
Attorney General Pam Bondi criticized Dugan’s actions on Fox News at the time.
“We could not believe that a judge would actually do that,” Bondi remarked. “You cannot obstruct a criminal case. And truly, shame on her. It was a domestic violence case of all cases, and she’s protecting a criminal defendant over victims of crime.”
Bondi stated that Flores-Ruiz assaulted two individuals, “a guy and a girl.”
“[He] struck the guy, hitting him 30 times, knocked him to the ground, choked him, and severely assaulted a woman; both required hospitalization,” she added.
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