Judge arrested for protecting illegal immigrant claims immunity from prosecution
Milwaukee County Circuit Judge Hannah Dugan, the judge facing massive legal issues regarding her alleged hiding of an illegal immigrant, is using an ironic defense strategy.
According to reports, Judge Dugan is citing the landmark Supreme Court ruling that provided immunity to President Donald Trump as her reason for skating out of an obstruction charge.
Dugan was arrested last month on the obstruction charge and sparked mountains of backlash as a result, as its not often that a judge is arrested on such charges.
She was ultimately accused of helping an illegal alien evade arrest by federal authorities, using her courtroom as a tool to do so.
What's going on?
Dugan's legal defense team argued this week that "this is no ordinary criminal case" and that she is "no ordinary criminal defendant."
Dugan's lawyer added, "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. Immunity is not a defense to the prosecution to be determined later by a jury or court; it is an absolute bar to the prosecution at the outset."
Dugan and her lawyers are leaning on a 2024 Supreme Court decision that ultimately helped Trump escape legal ramifications.
The outlet noted:
The 2024 Supreme Court decision in Trump v. United States found that a president has "absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority” and has “presumptive immunity” for all official acts. The decision still permitted unofficial acts by the president to be prosecuted.
Dugan's lawyers insist that because the situation unfolded in her courtroom, she has immunity from legal consequences.
"Even if (contrary to what the trial evidence would show) Judge Dugan took the actions the complaint alleges, these plainly were judicial acts for which she has absolute immunity from criminal prosecution," her lawyers argued.
They added, "Judges are empowered to maintain control over their courtrooms specifically and the courthouse generally."
Uncertain future
It's not clear how Dugan will plead at her upcoming plea this week.
The hearing will take place in the U.S. District Court for the Eastern District of Wisconsin.
Dugan's judicial career is in question, as the Wisconsin Supreme Court suspended her from the bench when the charges hit.