A Wisconsin judge’s claim to have absolute immunity again charges she helped an illegal alien criminal escape from ICE agents waiting outside her courtroom to arrest him has failed.
U.S. District Judge Lynn Adelman has adopted a recommendation from U.S. Magistrate Judge Nancy Joseph that Hannah Dugan’s motion to dismiss the criminal case against her because of “immunity” should be denied, according to a report in the Washington Examiner.
The decision means the prosecution will continue, opening the door for a possible plea bargain, or ultimately a trial and if there’s a conviction, a sentencing.
“There is no basis for granting immunity simply because some of the allegations in the indictment describe conduct that could be considered ‘part of a judge’s job.’ As the magistrate judge noted, the same is true in the bribery prosecutions, concededly valid, where the judges were prosecuted for performing official acts intertwined with bribery,” the judge said.
“Even if a more limited version of judicial immunity exists, it does not support dismissal of the instant indictment.”
Dugan had claimed that her “judicial immunity” prevented the Department of Justice from even investigating her.
Adelman also set a hearing for Sept. 3 to address scheduling for the case.
Dugan was on video instructing ICE agents to go elsewhere, then she allowed Eduardo Flores-Ruiz, an illegal alien before her court on charges of attacking other people, out a private back door of her courtroom, leading to a nonpublic area of the courthouse.
Dugan, a Milwaukee County circuit judge, now faces obstruction charges.
Joseph had concluded, “A judge’s actions, even when done in her official capacity, do not bar criminal prosecution if the actions were done in violation of the criminal law.”
The charges carry a maximum prison term of six years and a fine of $350,000 if there’s a conviction.
Constitutional expert Jonathan Turley pointed out that Dugan has a “lack of a credible defense.”
“Indeed, despite having high-powered lawyers such as Paul Clement, her recent social media posts seem more like a pitch for jury nullification.”
He noted the criminal complaint explains “a six-person arrest team (including an ICE officer, a Customs and Border Protection officer, two FBI special agents, and two DEA agents) came to the courthouse to arrest Eduardo Flores-Ruiz, a Mexican immigrant facing three misdemeanor battery counts they intended to deport. He is accused of hitting someone 30 times during a fight that erupted over complaints that his music was too loud and assaulting three separate individuals, the Milwaukee Journal Sentinel reported.”
Flores-Ruiz had been deported previously and came back illegally again, a felony, so he was issued an order for expedited removal, which means he could be deported with no further court hearings.
Dugan facilitated his escape, then was arrested and charged with obstruction.
“Recently, Dugan went public with an interview that notably lacked any discernible defense, other than stating that she helps defendants use the ‘backdoor’ when she considers circumstances that ‘warrant it,’” the report said.
Turley explained, “The lack of any cognizable claim in Dugan’s public pitch suggests that she might be hoping for a juror to simply vote to acquit as a visceral or political statement. This is a liberal jury pool where jury nullification must be a concern for prosecutors even though such an argument cannot be made overtly by the defense to the jurors.”
It was reported only a day earlier that Dugan had been given nearly $50,000 from taxpayers in paychecks during the time she’s been suspended from her duties.
“Meanwhile, Dugan has established a legal defense fund to pay for a high-powered team of lawyers that includes former Solicitor General Paul Clement and former federal prosecutor Steve Biskupic. In its first three weeks, the fund had raised nearly $140,000, according to the Milwaukee Journal Sentinel. Dugan doesn’t have to report on who gave what until next year, the news outlet reported,” according to a report by Federalist.
The charges against Dugan confirm she was “visibly angry” after being informed that ICE agents were waiting to apprehend the suspect.
“After sending the law enforcement officials to the chief judge’s office, Dugan escorted Flores-Ruiz and his legal counsel out of the courtroom through the ‘jury door,’ which leads to a non-public area of the courthouse,” the Federalist said, citing the charges.
In an interview later, she admitted she had the suspect leave “out the back door.”
WND has reported a grand jury accused Dugan of knowingly concealing a person for whose arrest a warrant and process had been issued, in violation of 18 U.S.C. § 1071. She is charged in Count Two with obstruction of the United States Department of Homeland Security’s removal proceedings, in violation of 18 U.S.C. § 1505.
The records show, “Dugan knowingly concealed E.F.R., a person for whose arrest a warrant and process had been issued under the provisions of the law of the United States, so as to prevent the discovery and arrest of E.F.R., after notice and knowledge of the fact that a warrant and process had been issued for the apprehension of E.F.R., in violation of 18 U.S.C. § 1071; Count Two On or about April 18, 2025, Dugan did corruptly endeavor to influence, obstruct, and impede the due and proper administration of the law under which a pending proceeding was being had before a department and agency of the United States, namely the administrative arrest of E.F.R. for purposes of removal proceedings conducted by the United States Department of Homeland Security, by committing affirmative acts to assist E.F.R. to evade arrest, including: a) confronting members of a United States Immigration and Customs Enforcement (ICE) Task Force and falsely telling them they needed a judicial warrant to effectuate the arrest of E.F.R.; b) upon learning that they had an administrative warrant for E.F.R.’s arrest, directing all identified members of the ICE Task Force to leave…”
WND reported when a video showed Dugan’s actions, sending two federal agents waiting to take an illegal into custody packing.
Judge accused of helping illegal alien elude ICE gets paid nearly $50,000 for time off
WATCH as indicted judge Hannah Dugan sends 2 federal agents packing
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