County Judge Convicted Of Obstruction For Helping Migrants Avoid An ICE Ambush

Legal Issues

from the more-vindictive-prosecutions dept

You generally don’t see criminal charges filed against judges at any level of the court system. If it does happen, it’s used to address egregious and constant criminal activity by sitting judges. The most common path towards discipline relies on the court system itself, which allows courts to punish judges for misbehavior and, in rare cases, have them removed via internal processes.

But this is no ordinary US. This is Trump’s United States, where anyone who displeases the man who wishes he could be king is subjected to vindictive prosecutions. What happened to New York Attorney General Letitia James and former FBI director James Comey (prosecutions currently paused due to Trump administration fuckery/fuck ups) can happen to anyone.

So here’s what happened to Milwaukee County judge Hannah Dugan. After being made aware of the fact that DEA and ICE agents were hanging around outside of her courtroom in hopes of arresting migrants who were doing nothing more than reporting for their court-ordered check-ins, Dugan decided to let the migrant whose criminal case she was currently handling slip out a side door, rather than go out the main door and directly into the hands of loitering federal officers.

According to the criminal complaint filed by Kash Patel’s FBI — something he celebrated on X briefly before deleting his post — this meant agents had to move quickly across nearly an additional 50-100 feet to arrest this person. A sworn affidavit by FBI special agent made it clear this was way too much stuff for officers to be doing, especially one with [checks affidavit again] seven years experience as a CPA[??][!!].

The federal government said this added up to obstruction. And it chose to criminally charge Judge Hannah Dugan rather than allow the Wisconsin court system to handle this on its own. There’s precedent for this, of course. The last time a judge faced criminal charges for acts that would normally be handled by the court system’s internal disciplinary procedures was in 2019 during Trump’s first term as president.

No doubt people like Kash Patel and Pam Bondi will be celebrating this latest abuse of the justice system. The FBI and DOJ have managed to turn a minor, momentary inconvenience into a federal felony conviction.

Hannah C. Dugan, a Wisconsin state judge, was found guilty on Thursday of obstructing federal agents, a high-profile victory for the Justice Department in a prosecution of a judge who it said was illegally aiding an undocumented immigrant.

Judge Dugan faces up to five years in prison and, as a person who has been convicted of a felony, she is likely ineligible to continue to hold office as a judge in Wisconsin, according to the State Constitution.

This wasn’t the end result of a lengthy investigation or the culmination of numerous complaints against Judge Dugan. This is nothing more than some federal agents bitching that they were momentarily inconvenienced and getting all the vindictiveness they wanted from Trump’s DOJ and Kash Patel’s FBI.

This isn’t over. This conviction can be appealed. And it appears the court handling this thinks there’s a case to be made. Normally, jury guilty verdicts are accompanied by sentencing dates. That didn’t happen here, which seems to indicate the judge handling the case isn’t necessarily convinced Judge Dugan’s actions rise to the level of a federal felony. But no matter how this ends up playing out, everyone should be on notice that Trump thinks “justice” and “revenge” are the same word.

Filed Under: dea, doj, fbi, hannah dugan, kash patel, mass deportations, milwaukee county, pam bondi, trump administration, wisconsin

FBI Arrests Wisconsin Judge For Allegedly Obstructing The Arrest Of An Undocumented Immigrant

Legal Issues

from the might-makes-far-right dept

Oh hooray. Another part of our new normal under Trump 2.0. Here’s the Milwaukee Journal-Sentinel with the gory details:

Milwaukee County Circuit Judge Hannah Dugan was charged April 25 with two felonies on allegations of trying to help an undocumented immigrant avoid arrest after he appeared in her courtroom.

According to a 13-page complaint, Dugan, 65, is accused of obstructing a U.S. agency and concealing an individual to prevent an arrest. The two charges carry a maximum penalty of six years in prison and a $350,000 fine, but sentences in cases involving nonviolent offenses typically are much shorter.

Arresting a judge is an extremely rare occurrence. If it does happen, it usually follows months of investigation and massive amounts of evidence of criminal activity. In this case, it took less than a week and mostly hinges on the statements of a single court deputy and the allegations of federal officers who were free to assume the worst about the few things they did manage to witness first-hand. On top of that, the arrest was made at the courthouse, as though the judge posed some sort of a flight risk if she wasn’t apprehended in public at her place of government employment.

All very shitty. And all too familiar. There’s some precedent for this. Guess when that happened.

A Massachusetts judge who allegedly gave a “reasonable impression” that she was allowing an immigrant to evade federal custody was “less than fully candid” when asked about the incident, according to an ethics complaint filed Monday.

The judge, Judge Shelley M. Richmond Joseph of Massachusetts, is accused of willful misconduct in the ethics complaint.

[…]

Joseph had once faced federal charges of conspiracy to obstruct justice over the April 2018 incident in the Newton, Massachusetts, courthouse.

Prosecutors had alleged that Joseph allowed Medina-Perez to go downstairs to the lockup, supposedly to retrieve property. The immigrant was then allowed to leave through a back door by a court officer. The charges were dropped in September 2022 after Joseph agreed to report herself to the Massachusetts Commission on Judicial Conduct.

[Strokes chin thoughtfully] What could be the details that connect these two anomalies? What indeed. Allegedly helping an immigrant avoid interloping federal officers looking to make their jobs easier by poaching people outside courtrooms following court appearances? Check. President Trump in office? Check.

As noted in the above report, the felony obstruction charges were dropped and replaced with an ethics complaint. We’ll have to wait and see how this one goes, but so far, Trump Administration officials are treating it like a law and order win. The head of the FBI, Kash Patel, tweeted, de-tweeted, and tweeted again about how proud he was his agency was right there to bring an obstructionist judge to heel. Attorney General Pam Bondi confirmed this report on xTwitter, pretending this was just good government business, rather than the KGB-esque removal of, shall we say, a competing viewpoint in the marketplace of mass deportation ideas.

There’s a 13-page charging document [PDF] written by FBI Special Agent Lindsay Schloemer that portrays this as some sort of criminal conspiracy, rather than just a sympathetic judge being unwilling to let federal agents use her court as some sort of temporary holding cell for immigration arrests. It’s all written in accordance with the FBI Charging Document Style Guide — something capable of portraying someone pointing someone to an alternate exit as the equivalent to being the driver in a bank robbery getaway car.

But before we dip into that a bit, I must highlight one of most hilarious “training and experience” assertions I’ve ever seen in a warrant affidavit:

I am a Special Agent of the Federal Bureau of Investigation (“FBI”) and have been so employed since 2014. I am currently assigned to the Milwaukee Field Office. As such, I am an investigative or law enforcement agent of the United States authorized under Title 18, United States Code, Section 3052, that is, an officer of the United States who is empowered by law to conduct investigations, to make arrests, and to collect evidence for various violations of federal law. I am also a Certified Public Accountant (“CPA”) and worked as a CPA for seven years before my employment with the FBI.

Nice. Useless in this specific situation, but one should always have a fall-back career. Apparently, arresting judges is the agent’s fall-back career, because Schloemer goes on to point out their white collar crime bona fides before getting around to justifying the arrest of a county judge just because federal agents (including a DEA agent because that’s what we’re doing these days) were forced to run an extra 50-100 feet to apprehend Eduardo Flores-Ruiz, whose main evasive effort was (and this is all in the charging document!) using an elevator that was further away than the one federal agents assumed made more sense to use. I am not kidding.

After leaving the Chief Judge’s vestibule and returning to the public hallway, DEA Agent A reported that Flores-Ruiz and his attorney were in the public hallway. DEA Agent B also observed Flores-Ruiz and his attorney in the hallway near Courtroom 615 and noted that Flores. Ruiz was looking around the hallway. From different vantage points, both agents observed Flores- Ruiz and his counsel walk briskly towards the elevator bank on the south end of the sixth floor. | am familiar with the layout of the sixth floor of the courthouse and know that the south elevators are not the closest elevators to Courtroom 615, and therefore it appears that Flores-Ruiz and his counsel elected not to use the closest elevator bank to Courtroom 615.

Whatever. It really doesn’t matter. The allegations claim the judge diverted officers, ushered Flores-Ruiz out through the jury exit, and otherwise tried to impede this arrest. The chief judge also seemed a little concerned about the swarm of federal officers trying to poach exiting court attendees and expressed a desire to formalize where in the courthouse it was appropriate to make these arrests. In the end, the agents were momentarily inconvenienced.

Even if all of claims are factual, the FBI had several options to use, including the one that left it up to the DOJ to file an ethics complaint, rather than expedite a felony complaint against a judge — an action that’s just as inexcusable as it was back in 2018. But this administration is dead set on proving to everyone it will go after anyone and anything that even momentarily halts the progress of its fascist designs. And in doing so, it’s adding yet another black eye to US history, one it can only hope it remains in power long enough to retcon.

Filed Under: dea, doj, fbi, hannah dugan, ice, immigration, kash patel, milwaukee county, pam bondi, wisconsin