Federal prosecutors are opposing Judge Hannah Dugan’s attempt to dismiss charges that were filed against her last month. The charges stem from allegations that she supported immigrants in the Milwaukee County Courthouse, particularly in their interactions with ICE agents.
Dugan, aged 65, faces federal charges, including claims of obstructing a legal process related to the actions of U.S. agencies and individuals facing arrest.
Her legal team argues for her entitlement to judicial immunity, contending that the federal government has overstepped its authority by prosecuting her, thus violating principles of separation of powers.
On Wednesday, prosecutors filed their response, stating, “The Supreme Court has clarified that judges do not have immunity from criminal liability.”
Prosecutors emphasized that Dugan seeks to establish an unprecedented doctrine of immunity from criminal prosecution, which they argue lacks constitutional or legal grounding. According to them, Dugan’s actions, as outlined in her lengthy legal memo, suggest a belief that judges, much like lawmakers and law enforcement officials, exist beyond the law.
The allegations indicate that Judge Dugan personally intervened to assist Mexican undocumented immigrants, specifically aiding Eduardo Flores Lewis during an ICE operation on April 18.
Recent surveillance footage, released under an open records request, reportedly shows Dugan confronting ICE agents in a courthouse hallway while wearing her judicial robe.
Prosecutors claim that ICE agents, along with other federal partners, were attempting to serve a warrant on Flores Lewis in the courthouse corridor prior to his court appearance on the same day.
When Dugan learned that the warrant was valid, she allegedly instructed the ICE agent to go to the Supreme Court’s office, asserting that he required a judicial warrant. Following this, Dugan is said to have decided not to hold a hearing for Flores Lewis.
Federal prosecutors assert that Dugan mismanaged the courtroom proceedings, stating she disrupted the flow of the case when she left to deal with the ICE situation in the hallway instead of maintaining focus on the judicial process.
After her arrest on April 25, Dugan pleaded not guilty to the charges, and a federal judge set a trial date for July 21.
Given the circumstances, Dugan could face up to six years in prison if convicted. Recently, her legal team filed a motion to dismiss the federal lawsuit, asserting her right to judicial immunity for her conduct.
The motion also argues that immunity should not be considered a defense against prosecution, asserting that it is a shield meant to protect judicial actions rather than a barrier for prosecutors.
