In a win for the Trump administration, the Wisconsin judge accused of helping an illegal alien escape her courtroom has lost her bid to dismiss the charges.
A federal judge rejected Judge Hannah Dugan's claim that she is immune for "official acts," exposing the Milwaukee County judge to prosecution for her alleged crimes.
“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,'" Judge Lynn Adelman wrote.
Dugan is accused of trying to obstruct Immigration and Customs Enforcement (ICE) by letting a Mexican defendant in her courtroom charged with battery, Eduardo Flores-Ruiz, slip out through a non-public door as agents waited to apprehend him in a public hallway.
According to prosecutors, Dugan became "visibly angry" when she learned that ICE was there on April 18 and told them to report to the office of the chief judge. Upon returning to the courtroom, she told Flores-Ruiz something to the effect of "Wait, come with me" and led him through a door meant for the jury.
After a foot chase that spanned the length of the courthouse, agents were able to catch Flores-Ruiz outside.
In May, Dugan was charged with concealing a person from arrest and obstructing a proceeding before a department or agency of the United States.
The state's Supreme Court suspended her from her job to protect the integrity of the court system.
Dugan fought the charges by invoking the landmark Supreme Court ruling that found President Trump - and all U.S. presidents by extension - are immune from prosecution for their "official acts."
"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," her lawyers said. "The prosecution against her is barred. The Court should dismiss the indictment."
The Justice Department asserted that "well-established law... has long permitted judges to be prosecuted for crimes they commit," an argument that ultimately won the day in Judge Adelman's courtroom.
A magistrate judge had previously recommended that the case against Dugan move ahead.
The courts' refusal to shield her from charges is a victory for the Trump administration, which has complained about facing obstruction from "activist" judges who have tried to thwart Trump's immigration agenda.
Dugan, who denies wrongdoing, is scheduled to return to court on September 3.
