Wisconsin judge found guilty of obstructing immigration arrest – A Wisconsin judge was convicted guilty on Dec. 18 of a felony count of hindering federal agents seeking to make an immigration arrest outside her courtroom, a precedent-setting case that has been closely watched nationally and generated protests. Wisconsin judge found guilty of obstructing immigration arrest
Milwaukee County Judge Hannah Dugan was charged in April with obstruction and sheltering an individual to prevent the arrest of the guy, who was in the U.S. without legal status. After debating for more than six hours, a jury reached a split judgment and found the judge not guilty on the lesser misdemeanor charge of concealing.
“We weren’t trying to make an example out of anyone. This was necessary to hold Judge Dugan accountable because of the actions she took,” Interim U.S. Attorney Brad Schimel said. “There’s not a political aspect to it. Dugan attorney Steve Biskupic underlined that the jury delivered a divided verdict and the factors between the two offenses are the same. Dugan, 66, showed little expression as the decision was pronounced. Wisconsin judge found guilty of obstructing immigration arrest
“The case is a long way from over,” Biskupic remarked. Biskupic said the team will be filing a request asking U.S. District Judge Lynn Adelman to set aside the conviction based on the split verdict. No sentencing hearing was set. The government also offered a plea offer to Dugan, but no bargain was achieved, and details were not released.
The case catapulted Dugan, a judge for nine years, into the forefront of the clash between the judiciary and the Trump administration over its expanding immigration enforcement nationally. This is the first time a state judge has gone to trial on accusations of impeding immigration authorities.
Case began with a regular day in state court
On April 18, Dugan was presiding over a misdemeanor court on the sixth level of the Milwaukee County Courthouse. Tensions were high among county judges as federal immigration agents had earlier arrested two people suspected of being in the country without authority. Federal officials were there to arrest Eduardo Flores-Ruiz, 31, charged with assault and appearing before Dugan. Flores-Ruiz had re-entered the U.S. without permission in 2013. Dugan learnt of the intended arrest via her clerk. She walked to the main corridor with another judge, questioned the agents, and sent them to the head judge’s office, where the chief judge was working on a plan on how such arrests were to be treated.
Dugan returned to the courtroom, moved Flores-Ruiz’s case up first, and then directed Flores-Ruiz and his attorney through a non-public door and down a hallway used by judges and staff, witnesses testified. Flores-Ruiz and his attorney emerged into the public hallway. Federal agents followed them. He was arrested outside the courthouse following a brief foot chase. A week later, FBI agents arrested Dugan, leading her out of the Milwaukee County Courthouse in handcuffs. Flores-Ruiz has since been deported. Wisconsin judge found guilty of obstructing immigration arrest
Prosecutors concentrated on five acts, avoided politics
The government brought up 19 witnesses, ranging from federal agents to a fellow judge. The defense called two fellow judges, a public defender, and former Mayor Tom Barrett, a longtime friend. Dugan herself did not take the stand. The sides basically agreed on the basic facts of what happened. The question rested on Dugan’s intent.
Federal prosecutors used the indictment as a roadmap for their case, underlining things they believed Dugan was doing that were uncommon, even in a busy courtroom. They also used footage of Dugan’s interaction with the agents and audio from inside the courtroom to build a picture of a judge set on defying the ICE agents. Dugan’s court reporter volunteered to walk out the duo, but Dugan said she would, adding: “I’ll get the heat.”
Judge Kristela Cervera was a significant witness, testifying that she was afraid to go into the hallway with Dugan, and she was astonished to learn the claims against Dugan. “Judges should not be aiding defendants evade arrest,” Cervera testified. On cross-examination, Cervera admitted she emailed her sister, a lawyer, after the event to notify her that ICE officials were in the premises. Defense attorneys suggested she helped the government to save herself. The government downplayed the text to her sister. Wisconsin judge found guilty of obstructing immigration arrest
Defense questions the details
President Donald Trump’s name came up just a couple of times in the trial, but his stepped-up immigration enforcement was a motif throughout the defense strategy. Dugan’s counsel argued the Trump administration was seeking to make an example out of Dugan and “crush” her. They described Dugan as a dedicated public servant trying to follow advice on how to handle such arrests, not seeking to hinder agents.
Several of the behaviors the government considered unlawful are things that happen every day in the bustling state court, her defenders claimed. Dugan’s lawyers attempted to get the case thrown, alleging that as a judge, she was free from prosecution. Adelman refused their motion, while the team preserved its opportunity to make that case later. Wisconsin judge found guilty of obstructing immigration arrest
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