The Wisconsin Judge Moves To Dismiss the Federal Indictment -- Seriously? Really?
While reading it I felt like Ray Liotta in the Goodfellas "funny guy" restaurant scene.
On May 14 a federal grand jury in Milwaukee handed down a two count indictment against Wisconsin state judge Hannah Dugan, charging her with helping a illegal alien evade arrest, and obstruction of an administrative agency. Both are felonies under federal law punishable by up to 5 years in prison.
The nutshell version of the fact are that an Immigration and Customs Enforcement (ICE) Special Agent had assembled an arrest team to take an illegal alien — Eduardo Flores-Ruiz — into custody following his appearance in criminal matter before Judge Dugan. Flores-Ruiz had been deported in 2013 pursuant to an Order of Expedited Removal, and had never applied to re-enter the United States. As such, his presence was unlawful and he was subject to administrative arrest and detention pending summary removal.
When Judge Dugan became aware of the presence of the federal agents and their reason for being in the courthouse, she took a series of steps to assist the Flores-Ruiz to leave her courtroom and the courthouse without being arrested.
I went through the extensive facts as set forth in the Affidavit in Support of an Arrest Warrant in this earlier article.
Immediately after the two-count indictment was filed on May 14, Dugan’s attorneys filed a Motion To Dismiss. The grounds upon which the motion rests is that she has “unconditional judicial immunity” from criminal prosecution for any acts taken by her within the course and scope of her official duties as a judge.
The motion to dismiss is only 7 pages long. I read it twice.
After the first reading I thought there was something missing, so I read it a second time.
The second time I read it I pulled up a few of the cases cited in the motion, and I realized my first reaction was correct — there was something missing.
The motion doesn’t cite to a single case holding that state court judges have unqualified immunity from federal criminal prosecution.
You know why that case authority is missing? Because no such case exists.
Keep reading with a 7-day free trial
Subscribe to Shipwreckedcrew's Port-O-Call to keep reading this post and get 7 days of free access to the full post archives.