After Dugan Verdict Comes Politics and Courthouse Uncertainty

Milwaukee Federal Courthouse. Photo by Mariiana Tzotcheva

During the federal criminal trial of Milwaukee County Circuit Court Judge Hannah Dugan, prosecutors told the jury to ignore the world outside and instead narrow their focus to a series of actions that occurred inside the Milwaukee County Courthouse on April 18.

But following her conviction on one count of felony obstruction, the politics of her arrest and national immigration policy came back into view. Republican politicians called for Dugan’s imprisonment and resignation, and top federal law enforcement officials responded with social media posts announcing “No one is above the law.”

The trial ended Thursday in a split decision from the jury. Dugan was acquitted on one misdemeanor charge for concealing an individual from arrest and found guilty on a felony obstruction charge. Dugan’s defense plans to appeal the conviction and has questioned how the jury could convict on one count and not the other. U.S. District Judge Lynn Adelman has not set a sentencing date yet.

Jury deliberations seemed to hinge on whether Dugan knew Flores-Ruiz was the subject pursued by ICE agents that day. Adelman provided a different answer to the question for the two charges against Dugan. On the first, Adelman told the jury Dugan needed to know the identity of the person subject to arrest. On that count, the jury did not convict. On the second, he told the jury, “To know of the pending proceeding the defendant needed to have sufficient knowledge about the nature of the proceeding.” On that count of felony obstruction, the jury found Dugan guilty.

After the verdict, Dugan attorney Steven Biskupic said, “You know, the same elements of count one are in count two. How can you find guilty there and not guilty on the first?”

The media reported Friday that Dugan’s attorneys plan to file a motion to vacate the jury verdict, which would be a rare move if it is granted by Adelman.

While the case is ongoing, Republican politicians are calling for consequences now. U.S. Rep. Tom Tiffany, a candidate for governor, is calling for Dugan’s imprisonment. “GUILTY. Now, lock her up,” Tiffany tweeted shortly after the verdict.

Republican leaders in the state Assembly are demanding Dugan resign her seat on the bench.

“The last time a Wisconsin judge was impeached was in 1853. If Judge Dugan does not resign from her office immediately, the Assembly will begin impeachment proceedings,” Assembly Speaker Rep. Robin Vos and Majority Leader Rep. Tyler August said in a statement.

During his closing argument, defense attorney Jason Luczak told jurors the case against Dugan had implications that extended far beyond their verdict, and that interest in the case against Dugan went up to the highest levels of the federal government. Since the verdict came out, top federal law enforcement officials and close allies of President Donald Trump have weighed in.

FBI Director Kash Patel tweeted, “No one is above the law.”

Attorney General Pam Bondi similarly announced, “NO ONE IS ABOVE THE LAW. No one can obstruct law enforcement as they carry out their basic duties. This Department of Justice will not waver as our agents and law enforcement partners continue to make America Safe Again.”

Deputy Attorney General Todd Blanche tweeted, “Former Wisconsin state judge Hannah Dugan betrayed her oath and the people she served when she obstructed federal law enforcement during an immigration enforcement operation.” He, too, said, “Nobody is above the law.”

Before becoming Deputy Attorney General, Blanche represented Trump in criminal cases brought against him while he was out of office.

For Milwaukee County Circuit Courts, however, the verdict has brought anything but closure. Local elected officials and civic leaders have protested Immigration and Customs Enforcement (ICE) activity at the courthouse since arrests first became public. During the trial, however, federal agents involved in these arrests testified they were unaware of tension at the courthouse over ICE arrests or media reports of community outrage.

ICE Assistant Field Operations Director Cassandra Kubiszewski testified she was unaware that one of the arrests took place outside of a family court hearing. Such an arrest is in conflict with an ICE policy that tells agents to “generally avoid enforcement actions in or near courthouses, or areas within courthouses that are wholly dedicated to non-criminal proceedings — examples include family court and small claims courts.”

When Dugan’s defense asked Kubiszewski if agents made the arrest without asking her permission, she replied it was “very possible.”

Following the verdict, Milwaukee County Executive David Crowley released a statement saying, “While the trial focused on a specific situation, it underscored the need for the Milwaukee County Courthouse to remain a safe, trusted place where residents can seek information, resources, and fair participation in the legal process.”

Dugan was provided her constitutional right to due process, the county executive said, adding that many others are being denied these rights by the Trump administration’s aggressive immigration policies.

“I’m reflecting on the fact that people across the country are currently being denied that same constitutionally-guaranteed right by the Trump administration,” Crowley said. “Community members – many of whom are U.S. citizens or have legal status – are being detained by federal agents and ripped away from their neighborhoods with no warrant or reason.”