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A U.S. District judge on Tuesday rejected Milwaukee County Judge Hannah Dugan’s request to dismiss allegations that she helped an undocumented immigrant evade federal authorities earlier this year.
Dugan was arrested in April after allegedly helping Eduardo Flores-Ruiz avoid plainclothes Immigration and Customs Enforcement (ICE) agents who were trying to serve him a warrant.
Her attorneys argued she is entitled to judicial immunity for her official acts. They also said the federal government overstepped its authority by arresting and charging her.
The defense team also claimed the charges violate the U.S. Constitution’s 10th Amendment and the principle of separation of powers.
FEDERAL CASE AGAINST MILWAUKEE JUDGE ACCUSED OF CONCEALING ILLEGAL MIGRANT SHOULD CONTINUE, JUDGE RECOMMENDS
Milwaukee County Circuit Judge Hannah Dugan leaves the federal courthouse after a hearing on Thursday, May 15, in Milwaukee, Wis. A federal judge on Tuesday rejected Dugan’s request to dismiss allegations that she helped an undocumented immigrant evade federal authorities earlier this year. (Lee Matz/Milwaukee Independent via AP)
Dugan’s attorneys further argued that Dugan can only be charged with conduct “wholly unrelated” to her judicial duties, such as taking bribes or violating constitutional rights, though she has not been accused of either in this case.
U.S. District Judge Lynn Adelman ruled on the motion Tuesday.
“Ultimately, as the Supreme Court has stated, ‘the official seeking absolute immunity bears the burden of showing that such immunity is justified for the function in question,’” Adelman wrote, adding that Dugan has not done so here. “I cannot say as a matter of law that the defendant’s alleged conduct falls within even this more limited version of immunity.”
MILWAUKEE JUDGE NOT IMMUNE FROM CHARGES AFTER ALLEGEDLY HELPING ILLEGAL IMMIGRANT EVADE ICE, PROSECUTORS SAY
Milwaukee Circuit Court Judge Hannah Dugan speaks at a pro-Ukraine rally on Feb. 24. A federal Dugan’s request to dismiss allegations that she helped an undocumented immigrant evade federal authorities earlier this year. (Lee Matz/ Milwaukee Independent via AP)
“There is no basis for granting immunity simply because some of the allegations in the indictment describe conduct that could be considered ‘part of a judge’s job,’” Adelman added.
Prosecutors allege that Dugan helped Flores-Ruiz and his attorney exit her courtroom through a back door on April 18, after learning that ICE agents were in the building to arrest him.
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The surveillance footage released by Milwaukee County appears to show Dugan, wearing her black robes, confronting ICE agents in the courthouse hallway, April 18, in Milwaukee. (Milwaukee County)
A federal indictment alleges Dugan “falsely” told the agents they needed a judicial warrant and directed them to go to the chief judge’s office. Dugan then addressed the case off the record instead of holding the scheduled hearing. Flores-Ruiz faces three misdemeanor battery charges, and despite Dugan’s efforts, he was arrested.
Adelman has scheduled a hearing about Dugan’s motion for Sept. 3.
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Both federal prosecutors and Dugan’s defense team have said they would like a trial to begin before the end of the year. No trial date has been set.
Fox News’ Patrick McGovern and Rachel Wolf contributed to this report.