MILWAUKEE — Attorneys representing Milwaukee County Circuit Court Judge Hannah Dugan are pursuing a motion to dismiss a federal indictment against her, arguing she holds immunity from prosecution for her official actions. This legal strategy is anchored in a Supreme Court ruling concerning presidential immunity.
Dugan faces two federal charges, including concealing a person from arrest and obstructing proceedings before a U.S. agency. A federal grand jury indicted her on Tuesday, leading to a brief court appearance on Thursday, where her counsel entered a not guilty plea. U.S. Magistrate Judge Stephen Dries presided over the arraignment and scheduled the trial for July 22, expected to last approximately one week, with U.S. District Court Judge Lynn Adelman overseeing the proceedings.
Her legal team, led by attorneys Rick Resch and Steven Biskupic, contends in their Wednesday motion that Dugan’s prosecution is not only unprecedented but also unconstitutional. The motion highlights the notion that Dugan should be protected by judicial immunity, which they argue serves as an absolute barrier against prosecution for her official acts.
Dugan was arrested on April 25 at the Milwaukee County Circuit Courthouse, following allegations that she attempted to assist a defendant in evading federal agents poised to arrest him for immigration violations outside her courtroom. The indictment claims Dugan led agents away from her courtroom and directed the defendant, Eduardo Flores-Ruiz, towards a non-public exit to facilitate his escape.
In their legal arguments, Dugan’s attorneys assert that the exit utilized by Flores-Ruiz opened into a public hallway just feet from her courtroom, where agents subsequently spotted him, pursued him, and arrested him after a brief chase. They maintain that even if the indictment’s claims were true, Dugan’s actions qualify as judicial acts, which under the law provide her with immunity from criminal charges.
Additionally, Dugan’s counsel argues that her motivations for any actions taken are irrelevant to the question of immunity. In light of the charges, the Wisconsin Supreme Court suspended Dugan, declaring her temporary relief from official duties was in the public interest.
Dugan’s defense team features four firms, with Biskupic, a former federal prosecutor appointed by George W. Bush, at the helm. Notable among her attorneys is Dean Strang, who gained recognition from the Netflix series “Making a Murderer” for his role in the defense of Steven Avery. Another prominent member of the team is Paul Clement, a former U.S. solicitor general and veteran Supreme Court litigator, who is listed in court filings as part of Dugan’s legal representation although he has not yet officially entered the case.
The government has yet to respond to the motion to dismiss the indictment, leaving unanswered questions regarding the future of Dugan’s legal battles. As developments unfold, the implications of this unprecedented case will continue to draw attention.
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