Judge Hannah Dugan Moves To Dismiss Federal Indictment, Citing Judicial Immunity

Milwaukee County Judge Hannah Dugan has filed a motion to dismiss the recent federal indictment accusing her of helping an undocumented immigrant evade arrest by immigration agents at her courthouse on April 18.

According to Politico, Dugan’s attorneys argue that the charges should be thrown out because her actions are protected under judicial immunity, a protection that safeguards judges from civil lawsuits for actions they take while performing their judicial duties. In the motion filed Wednesday, her legal team claimed that her conduct that day amounted to routine courtroom management, specifically directing the movement of individuals within her courtroom.

They also referenced the U.S. Supreme Court’s 2023 ruling in former President Donald Trump’s election interference case (Trump v. United States), which affirmed that public officials are entitled to immunity for actions taken as part of their official duties. Dugan’s lawyers contend the same principle should apply in her case.

“The problems with this prosecution are legion, but most immediately, the government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts,” lawyers for Judge Dugan penned in their motion, before directly citing a quote from the Trump v. United States case. “Immunity is not a defense to the prosecution to be determined later by a jury or court; it is an absolute bar to the prosecution at the outset.” However, her legal team did not stop there.

According to MSNBC News, Judge Dugan’s attorneys further quoted the Trump ruling’s reference to a longstanding legal principle: that the core of immunity is freedom from being forced to defend one’s conduct in court at all. “Judge Dugan therefore has both immunity from conviction and immunity from prosecution,” they wrote.

Her lawyers also pointed to centuries of legal tradition, stating that since at least the early 1600s in England — and continuing through American common law — judges have been granted absolute immunity for actions taken in their official capacity, with only narrow exceptions they say don’t apply in this case.

According to Politico, the man at the center of the case, Eduardo Flores-Ruiz, had illegally re-entered the U.S. after a 2013 deportation and was in court on April 18 for a misdemeanor domestic violence charge. During the hearing, Judge Dugan’s clerk reportedly informed her that immigration agents were in the building looking to detain Flores-Ruiz.

Court documents allege that Judge Dugan became visibly upset, called the agents’ presence “absurd,” and insisted they speak with the chief judge. After leading them away from the courtroom, Judge Dugan returned and, according to an affidavit, told Flores-Ruiz and his attorney something to the effect of, “Wait, come with me,” before escorting them out a back door.

Flores-Ruiz was ultimately caught by immigration agents outside the courthouse following a brief foot chase. A week later, on April 25, FBI agents arrested Judge Dugan in the courthouse parking lot. She was officially indicted by a grand jury on Tuesday with two federal charges and now faces up to six years in prison if convicted.

Judge Dugan pleaded not guilty to all charges on Thursday, according to CBS News. Her trial is set to begin the week of July 21. 

SEE ALSO: 

Trump Prioritizes White Afrikaners Over Black And Brown Migrants

Trump’s Dangerous Proposal To Deport All Undocumented Immigrants

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