A federal grand jury has indicted a Wisconsin judge who was arrested by the FBI last month on allegations that she helped an undocumented immigrant avoid federal authorities.
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Hannah Dugan, a county circuit court judge in Milwaukee, was charged on Tuesday with concealing a person from arrest and obstruction of proceedings, the New York Times reported on Tuesday.
Dugan was apprehended in the courthouse where she works in April, sparking public protests and rebukes from lawmakers. Her arrest has escalated a clash between Donald Trump’s administration and local authorities over the Republicans’ sweeping immigration crackdown. Democrats have accused the Trump administration of trying to make a national example of Dugan to chill judicial opposition to the crackdown.
“Let’s be clear. Trump’s arrest of Judge Dugan in Milwaukee has nothing to do with immigration,” said US senator Bernie Sanders at the time. “It has everything to do with [Trump] moving this country towards authoritarianism.”
Prosecutors charged Dugan in April with concealing an individual to prevent arrest and obstruction. In the federal criminal justice system, prosecutors can initiate charges against a defendant directly by filing a complaint or present evidence to a grand jury and let that body decide whether to issue charges.
A grand jury still reviews charges brought by complaint to determine whether enough probable cause exists to continue the case as a check on prosecutors’ power. If the grand jury determines there’s probable cause, it issues a written statement of the charges known as an indictment. That’s what happened in Dugan’s case.
Dugan faces up to six years in prison if she’s convicted on both counts. Her team of defense attorneys responded to the indictment with a one-sentence statement saying that she maintains her innocence and looks forward to being vindicated in court.
Prosecutors say Dugan escorted Eduardo Flores-Ruiz and his lawyer out of her courtroom through a back jury door on 18 April after learning that US Immigration and Customs Enforcement (Ice) agents were in the courthouse seeking his arrest.
According to court documents, Flores-Ruiz illegally re-entered the US after being deported in 2013. Online state court records show he was charged with three counts of misdemeanor domestic abuse in Milwaukee county in March. He was in Dugan’s courtroom the morning of 18 April for a hearing.
Court documents suggest Dugan was alerted to the agents’ presence by her clerk, who was informed by an attorney that the agents appeared to be in the hallway. An affidavit says Dugan was visibly angry over the agents’ arrival and called the situation “absurd” before leaving the bench and retreating to her chambers. She and another judge later approached members of the arrest team in the courthouse with what witnesses described as a “confrontational, angry demeanor”.
After a back-and-forth with the agents over the warrant for Flores-Ruiz, Dugan demanded they speak with the chief judge and led them away from the courtroom, according to the affidavit.
She then returned to the courtroom and was heard saying words to the effect of “wait, come with me” and ushered Flores-Ruiz and his attorney out through a back jury door typically used only by deputies, jurors, court staff and in-custody defendants, according to the affidavit. Flores-Ruiz was free on a signature bond in the abuse case at the time, according to online state court records.
Federal agents ultimately captured him outside the courthouse after a foot chase.
The state supreme court suspended Dugan from the bench in late April, saying the move was necessary to preserve public confidence in the judiciary. A reserve judge is filling in for her.
Dugan’s case is similar to one brought during the first Trump administration against a Massachusetts judge, who was accused of helping a man sneak out of a courthouse back door to evade a waiting immigration enforcement agent. That case was eventually dismissed.
She was scheduled to enter a plea on Thursday.
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