Federal Judge Denies Dugan Motion to Dismiss

Milwaukee Federal Courthouse. Photo by Mariiana Tzotcheva

The federal criminal case against Circuit Court Judge Hannah Dugan will not be dismissed.

At least not by the U.S. District Court for the Eastern District of Wisconsin. Federal District Judge Lynn Adelman issued an order Tuesday denying Dugan’s motion to dismiss the case against her.

Dugan is charged with obstructing a U.S. Immigration and Customs Enforcement (ICE) operation and concealing an individual from arrest following an April 18 incident at the Milwaukee County Courthouse.

The federal government alleges Dugan sent immigration agents away from her courtroom after determining they were there to arrest an immigrant, Eduardo Flores-Ruiz, appearing there on criminal charges. She then adjourned the matter and sent Flores-Ruiz out of the court room through a door used by jurors. Federal agents arrested him outside of the courthouse.

Milwaukee Police Department body camera footage recently published by multiple media outlets of Dugan captured in the days after the incident shows her telling officers that she did not obstruct an ICE operation, that she didn’t know he was an immigrant and that she sent him out of the side door of her packed courtroom because the interpreter wasn’t there and she didn’t want to hold up proceedings.

Dugan’s move for dismissal rested on an argument that she was immune from criminal prosecution for official acts of her office. In a series of filings, Dugan’s legal team and federal prosecutors went back and forth on this argument. In July, Federal Magistrate Judge Nancy Joseph recommended denying the motion, concluding federal law does not support immunity from prosecution in the case. Adelman agreed with Joseph’s recommendation.

Both sides are arguing over whether a “general rule of immunity, subject to certain exception” claimed by Dugan exists, according to Adelman’s order.

“A review of the relevant history reveals the government has the better of the argument,” he wrote.

Adelman also agreed with Joseph that the U.S. Supreme Court ruling in Trump v. United States did not extend immunity from criminal prosecution to Dugan. The ruling held that the president has “absolute immunity” from prosecution for actions within his “exclusive sphere of constitutional authority.” Dugan’s attorneys have argued the case law supporting the ruling was extending judicial immunity to the presidency. Adelman concluded, like Judge Joseph, the immunity granted in that ruling was unique to the presidency.

Still, Adelman noted that Dugan’s defense raises “very real concerns” about judges being criminally prosecuted by federal agents they have “inconvenienced” given that their job, at times, entails handling contraband in their courtrooms. The federal government’s response to these concerns “is unsatisfying,” he wrote.

However, the arguments were not enough to convince Adelman to dismiss the case. When considering dismissal, he explained, “the court limits its review to the face of the indictment, assumes all facts alleged are true, and views the facts in the light most favorable to the government.”

Despite Dugan’s contention that she was performing duties of her office, the indictments do not allege Dugan was committing official acts, but that she violated specific federal laws, he writes.

Adelman has scheduled a hearing for Sept. 3. Dugan could still appeal Adelman’s ruling on the motion to dismiss to a higher court. Her attorneys have previously said they are ready to go to trial, and are seeking a trial as soon as possible.

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