The Wisconsin judge accused of helping an illegal immigrant evade arrest by ICE in her courtroom will enter a plea Thursday in federal court.
Milwaukee County Circuit Court Judge Hannah Dugan was indicted by a grand jury Tuesday on federal charges of concealing a person from arrest and obstruction of justice following the alleged incident involving Eduardo Flores-Ruiz last month.
The indictment accused Dugan of “falsely” telling federal officials in April that they needed a warrant to come into her courtroom during a scheduled appearance by Flores-Ruiz, an undocumented Mexican national facing three misdemeanor battery charges.
Dugan told the immigration officers to proceed to the chief judge’s office to obtain a warrant, according to a criminal complaint, and she then escorted Flores-Ruiz through a side door to evade federal agents. Flores-Ruiz was then “arrested after a foot chase,” the complaint added.
MILWAUKEE JUDGE INDICTED FOR HELPING IMMIGRANT EVADE ICE FACES UP TO 6 YEARS IN PRISON
If found guilty of both charges, Dugan could face up to six years in prison and up to $350,000 in fines.
She is expected to enter a plea of not guilty, as indicated by a statement from her legal team on Tuesday.
“Judge Hannah C. Dugan has committed herself to the rule of law and the principles of due process for her entire career as a lawyer and a judge,” her lawyers said, adding that their client further “asserts her innocence and looks forward to being vindicated in court.”
On Wednesday, Dugan’s legal team also filed a motion to dismiss the federal case against her.
MILWAUKEE COUNTY JUDGE HANNAH DUGAN INDICTED AFTER ALLEGEDLY HELPING ILLEGAL ALIEN EVADE ICE
“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. 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,” the motion said.
“Judge Dugan reserves her right to seek other relief, including by other motions before and at trial. But the immunity and federalism issues must be resolved swiftly because the government has no basis in law to prosecute her. The prosecution against her is barred. The Court should dismiss the indictment,” it added.
A criminal complaint, citing witnesses, said Dugan “was visibly upset and had a confrontational, angry demeanor” during the incident on April 18.
A week later, the FBI arrested Dugan at the courthouse before she was released from custody.
Fox News’ Breanne Deppisch contributed to this report.
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