{"id":2442656,"date":"2025-06-04T08:56:58","date_gmt":"2025-06-04T12:56:58","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wi-judge-facing-federal-charges-has-case-of-judicial-privilege\/"},"modified":"2025-06-04T09:00:27","modified_gmt":"2025-06-04T13:00:27","slug":"wi-judge-facing-federal-charges-has-case-of-judicial-privilege","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wi-judge-facing-federal-charges-has-case-of-judicial-privilege\/","title":{"rendered":"WI Judge Facing Federal Charges Has Case Of Judicial Privilege"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">20<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fwi-judge-facing-federal-charges-has-case-of-judicial-privilege%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2442656&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>Milwaukee County Judge Hannah Dugan recently pleaded not guilty to charges of aiding an undocumented immigrant, Eduardo Flores-Ruiz, evade <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/d-c-mayor-congress-must-open-a-probe-into-security-failures-at-u-s-capitol\/\" title=\"D.C. Mayor: Congress must open a probe into security failures at U.S. Capitol\">federal law enforcement<\/a>, specifically concerning battery allegations against him.Her defense argues that she has &#8220;absolute immunity&#8221; from criminal prosecution due to her role as a judge, claiming her courtroom authority should protect her actions. However, experts, including constitutional law scholar Hans von Spakovsky, contest this defense, emphasizing that it would permit judges to escape accountability for illicit actions taken within their courtrooms.<\/p>\n<p>Dugan is also charged with obstruction of <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/new-jersey-rep-faces-federal-charges-after-ice-melee\/\" title=\"New Jersey Rep. Faces ... After ICE Melee\">federal law enforcement proceedings<\/a>. The allegations include her directing federal agents away from apprehending Flores-Ruiz during a court appearance adn escorting him out through a restricted area. Her attorneys argue that the charges should be dismissed based on judicial immunity; however,legal experts point out that immunity does not shield judges from federal law violations,such as concealing individuals from arrest.<\/p>\n<p>Dugan&#8217;s legal troubles evoke parallels to those of Boston Municipal Court Judge Shelley joseph, who faced similar federal charges in 2019 but had her case dropped under the Biden governance. Legal analysts suggest that the outcome of Dugan&#8217;s case could have national implications, possibly defining the extent of judicial immunity and accountability.<\/p>\n<p>As the Wisconsin Supreme Court has temporarily relieved her from her judicial duties, the upcoming trial is set to examine the limits of judicial power and whether judges can be held to the same legal standards as other citizens in matters of federal law enforcement.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>Milwaukee County <a href=\"https:\/\/thefederalist.com\/2025\/05\/15\/delusional-leftists-compare-judge-indicted-for-helping-illegal-evade-arrest-to-harriet-tubman\/\" target=\"_blank\" rel=\"noreferrer noopener\">Judge Hannah Dugan<\/a> last month entered a <a href=\"https:\/\/thefederalist.com\/2025\/04\/28\/milwaukee-judge-charged-with-putting-herself-above-the-law-by-rejecting-rule-of-law\/\" target=\"_blank\" rel=\"noreferrer noopener\">not guilty plea<\/a> to <a href=\"https:\/\/www.courtlistener.com\/docket\/69943125\/1\/united-states-v-dugan\/\" target=\"_blank\" rel=\"noreferrer noopener\">charges<\/a> of helping an illegal immigrant facing battery allegations evade federal law enforcement authorities. Even if she did sneak previously-deported Mexican national <a href=\"http:\/\/Eduardo%20Flores-Ruiz\" target=\"_blank\" rel=\"noreferrer noopener\">Eduardo Flores-Ruiz<\/a> out the back door of her Milwaukee courtroom as she is accused of doing, her attorneys claim she &ldquo;has absolute immunity from criminal prosecution.&rdquo;&nbsp;<\/p>\n<p>Not quite, says constitutional law expert Hans von Spakovsky.&nbsp;<\/p>\n<p>&ldquo;That is an absolutely ridiculous claim,&rdquo; the senior legal fellow at the Heritage Foundation <a href=\"https:\/\/www.iheart.com\/podcast\/1248-the-benjamin-yount-show-256527460\/episode\/53025-matt-kittle-fills-in-278411589\/\" target=\"_blank\" rel=\"noreferrer noopener\">told<\/a> me on a recent episode on <a href=\"https:\/\/www.iheart.com\/podcast\/1248-the-benjamin-yount-show-256527460\/\" target=\"_blank\" rel=\"noreferrer noopener\"><em>The Benjamin Yount Show<\/em><\/a>  in Milwaukee.&nbsp;<\/p>\n<p>Dugan&rsquo;s dream team of lawyers, including former Solicitor General <a href=\"https:\/\/news.bloomberglaw.com\/litigation\/paul-clement-joins-arrested-milwaukee-judges-legal-team\" target=\"_blank\" rel=\"noreferrer noopener\">Paul Clement<\/a> who served under Republican President George W. Bush, argues that the charges should be dismissed. Under absolute immunity, the judge is free to do what she pleases in her courtroom because &ldquo;judges are empowered to maintain control over their courtrooms specifically and the courthouse generally.&rdquo;&nbsp;<\/p>\n<p>&ldquo;The problems with this prosecution are legion, but most immediately, the government cannot prosecute Judge Dugan because she is entitled to <a href=\"https:\/\/www.law.cornell.edu\/wex\/governmental_immunity\" target=\"_blank\" rel=\"noreferrer noopener\">judicial immunity<\/a> 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,&rdquo; her attorneys wrote in a motion filed last month. &ldquo;The prosecution against her is barred. The Court should dismiss the indictment.&rdquo;<\/p>\n<p>Von Spakovsky said the carte blanche immunity argument would give Dugan a pass for any illegal activity if it&rsquo;s done in the courthouse, an absurd idea. He said it would be like Dugan telling a defendant and his attorney that she would drop charges if they give her a $1,000 bribe. Solicitation of bribes by public officials is violation of federal law, no matter where the crime is committed. The same goes for concealing a person from arrest, one of two charges the leftist judge is charged with.&nbsp;<\/p>\n<p>The <a href=\"https:\/\/uscode.house.gov\/view.xhtml?req=granuleid:USC-prelim-title18-section1071&amp;num=0&amp;edition=prelim#:~:text=Whoever%20harbors%20or%20conceals%20any,of%20such%20person%2C%20shall%20be\" target=\"_blank\" rel=\"noreferrer noopener\">law<\/a> is clear: &ldquo;Whoever harbors or conceals any person for whose arrest a warrant or process has been issued under the provisions of any law of the United States, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a warrant or process has been issued for the apprehension of such person,&rdquo; faces prison and fines upon conviction. That includes judges.&nbsp;<\/p>\n<h2>&lsquo;Totally Fruitless&rsquo; Claims<\/h2>\n<p>Dugan also is charged with <a href=\"https:\/\/www.law.cornell.edu\/uscode\/text\/18\/1505\" target=\"_blank\" rel=\"noreferrer noopener\"><a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/indicted-judge-is-no-hero-and-certainly-no-harriet-tubman\/\" title=\"Indicted ... Is No Hero, And Certainly No Harriet Tubman\">obstructing federal law enforcement proceedings<\/a><\/a>, a charge that carries with it a five-year prison sentence.&nbsp;<\/p>\n<p>In the motion to dismiss, Dugan&rsquo;s lawyers cite last year&rsquo;s&nbsp;U.S. Supreme Court&rsquo;s <a href=\"https:\/\/thefederalist.com\/2024\/04\/26\/scotus-agrees-presidents-do-have-immunity-from-criminal-prosecutions-but-to-what-degree-is-unclear\/\">ru<\/a><a href=\"https:\/\/thefederalist.com\/2024\/04\/26\/scotus-agrees-presidents-do-have-immunity-from-criminal-prosecutions-but-to-what-degree-is-unclear\/\" target=\"_blank\" rel=\"noreferrer noopener\">ling<\/a> in President Donald Trump&rsquo;s immunity case that found presidents have wide-ranging immunity from prosecution for official actions.&nbsp;<\/p>\n<p>Von Spakovsky has a word for such sovereign immunity arguments for state and local judges: Nutty.&nbsp;<\/p>\n<p>&ldquo;Her lawyers are making meritless claims,&rdquo; the law expert said. &ldquo;For a state official sovereign immunity only applies if a citizen of the state is trying to sue the state under state law. It doesn&rsquo;t apply to federal law.&rdquo;<\/p>\n<p>The claim, von Spakovsky said, would effectively negate the prosecutions of local state officials and judges who violated the civil rights of black Americans in the 1960s South.&nbsp;<\/p>\n<p>&ldquo;Is she trying to say that all those cases were wrongly decided and that all those local officials had free rein to violate federal civl rights law? Because that&rsquo;s essentially what her lawyers are arguing, which is why the claims that her lawyers are making are totally fruitless,&rdquo; he said.&nbsp;<\/p>\n<h2>&lsquo;In the Public Interest&rsquo;<\/h2>\n<p>FBI agents <a href=\"https:\/\/thefederalist.com\/2025\/04\/25\/milwaukee-judge-faces-federal-charges-of-obstructing-arrest-of-illegal-alien\/\" target=\"_blank\" rel=\"noreferrer noopener\">arrested<\/a> Dugan on April 25 at the courthouse, a week after the judge, according to the criminal complaint, misdirected federal agents from apprehending Flores-Ruiz. The illegal immigrant was set to appear before Dugan for a pretrial conference on three misdemeanor counts of battery. He is accused of striking a man &ldquo;in the face and body with a <a href=\"https:\/\/amzn.to\/3YuVZYV\" >closed fist approximately 30 times&#038;rdquo<\/a>; during an argument. Flores-Ruiz, according to the local <a href=\"https:\/\/thefederalist.com\/2025\/04\/25\/milwaukee-judge-faces-federal-charges-of-obstructing-arrest-of-illegal-alien\/\" target=\"_blank\" rel=\"noreferrer noopener\">complaint<\/a>, also struck a woman who attempted to intervene in the domestic incident.&nbsp;<\/p>\n<p>According to the criminal complaint, Dugan was &ldquo;visibly angry&rdquo; with a &ldquo;confrontational, angry demeanor,&rdquo; in dealing with Immigration and Customs Enforcement officials. She demanded the federal law enforcement agents speak with the court&rsquo;s chief judge, the complaint states. While the agents were preoccupied, Dugan escorted Flores-Ruiz and his legal counsel out of the courtroom through the &ldquo;jury door,&rdquo; which leads to a non-public area of the courthouse, according to the charges.&nbsp;<\/p>\n<p>&ldquo;According to the affidavit, Judge Dugan&rsquo;s actions directly resulted in Flores-Ruiz temporarily avoiding federal custody. He was ultimately arrested outside the courthouse, following a brief foot pursuit,&rdquo; the U.S. Department of Justice stated in a <a href=\"https:\/\/www.justice.gov\/opa\/pr\/justice-department-announces-two-cases-involving-judicial-misconduct-and-obstruction-law\" target=\"_blank\" rel=\"noreferrer noopener\">press release.<\/a>&nbsp;<\/p>\n<p>The Wisconsin Supreme Court relieved Dugan from her judicial duties while the case, scheduled to go to <a href=\"https:\/\/www.wisn.com\/article\/milwaukee-county-judge-hannah-dugans-legal-team-proposes-questions-potential-jury\/64948728\" target=\"_blank\" rel=\"noreferrer noopener\">trial<\/a> late next month, plays out.&nbsp;<\/p>\n<p>&ldquo;&hellip;(W)e conclude, on our own motion, that it is in the public interest that she be temporarily relieved of her official duties,&rdquo; the liberal-led court concluded in its order.&nbsp;<\/p>\n<h2><em>Deja vu?<\/em><\/h2>\n<p>Dugan&rsquo;s lawyers are correct in arguing that &ldquo;this is no ordinary case,&rdquo; but they miss the mark in asserting the government&rsquo;s prosecution of the judge is &ldquo;virtually unprecedented and entirely constitutional,&rdquo; legal experts say. &nbsp;<\/p>\n<p>In short, we&rsquo;ve been down this road before.<\/p>\n<p>Boston Municipal Court <a href=\"https:\/\/nypost.com\/2025\/04\/30\/us-news\/judge-shelley-joseph-to-face-hearing-for-helping-illegal-migrant-slip-out-of-court\/\" target=\"_blank\" rel=\"noreferrer noopener\">Judge Shelley Joseph<\/a> is accused of doing exactly what Dugan is alleged to have done. Joseph, while serving as a district court judge, was federally charged in 2019 with conspiracy to obstruct justice and obstruction of justice for allegedly helping a twice-deported illegal immigrant suspected of narcotics drug crimes attempt to evade ICE agents. She, too, helped the illegal alien out the back door, according to the criminal complaint.&nbsp;<\/p>\n<p>Like Dugan, the Massachusetts judge was removed from the bench following a grand jury indictment and put on leave with pay. After President Trump left office, the Biden administration gave Joseph a sweetheart deal &mdash; the kind of offer you might expect from an administration that smiled on the illegal immigrant invasion of the United States.&nbsp;<\/p>\n<p>&ldquo;But Joseph&rsquo;s really lucky break came after Joe Biden was elected in 2020, and the U.S. attorney he appointed dropped the charges against her. Instead, Joseph would be investigated by the Massachusetts Commission on Judicial Conduct,&rdquo; NPR <a href=\"https:\/\/www.npr.org\/2025\/05\/17\/g-s1-67288\/wisconsin-judge-hannah-dugan-immigrant-ice-case-boston-shelley-joseph#:~:text=But%20Joseph's%20really%20lucky%20break,though%20at%20a%20different%20court.\" target=\"_blank\" rel=\"noreferrer noopener\">reported.<\/a>&nbsp;<\/p>\n<p>Yeah, <em>lucky break.<\/em> &nbsp;<\/p>\n<p>The commission has scheduled a hearing &mdash; a &ldquo;trial-like proceeding&rdquo; &mdash; for next Monday. Joseph could be removed from the bench.&nbsp;<\/p>\n<p>She has vehemently denied that she meant to assist the illegal immigrant in evading federal authorities, despite some fishy conduct in the incident. According to a court recording transcript, the defense attorney for the illegal immigrant informed Joseph that ICE planned to arrest his client at the courthouse doors. The judge on multiple occasions asked, &ldquo;ICE is gonna get him?&rdquo; and &ldquo;What if we detain him?&rdquo; NPR <a href=\"https:\/\/www.npr.org\/2025\/05\/17\/g-s1-67288\/wisconsin-judge-hannah-dugan-immigrant-ice-case-boston-shelley-joseph#:~:text=But%20Joseph's%20really%20lucky%20break,though%20at%20a%20different%20court.\" target=\"_blank\" rel=\"noreferrer noopener\">reported<\/a>. The judge then instructed the clerk to stop the recording.&nbsp;<\/p>\n<p>&ldquo;At that point, the attorney allegedly told Joseph about the plan, and she is alleged to have agreed,&rdquo; according to the news outlet. &ldquo;When the recording was restarted, less than a minute later, the defense attorney said, &lsquo;I would ask that he, uh- I believe he has some property downstairs. I&rsquo;d like to speak with him downstairs with the interpreter if I may.&rsquo; Judge Joseph responded, &lsquo;That&rsquo;s fine, of course.&rsquo;&rdquo;<\/p>\n<h2>&lsquo;Judges Are Not Above the Law&rsquo;<\/h2>\n<p>Joseph, like Dugan, attempted to claim that she was immune from prosecution, insisting the federal charges were unconstitutional. But the U.S. Court of Appeals in Boston wasn&rsquo;t buying it. The court <a href=\"https:\/\/www.heritage.org\/crime-and-justice\/commentary\/federal-appeals-court-holds-massachusetts-judge-shelley-joseph-not\" target=\"_blank\" rel=\"noreferrer noopener\">rejected<\/a> Joseph&rsquo;s motion to dismiss the criminal indictment against her.&nbsp;<\/p>\n<p>&ldquo;We&rsquo;ve read the Constitution and don&rsquo;t remember the &lsquo;judge-can-do-whatever-she-wants&rsquo; clause,&rdquo; von Spakovsky and Heritage colleague Charles Stimson <a href=\"https:\/\/www.heritage.org\/crime-and-justice\/commentary\/federal-appeals-court-holds-massachusetts-judge-shelley-joseph-not\" target=\"_blank\" rel=\"noreferrer noopener\">wrote<\/a> at the time.&nbsp;<\/p>\n<p>In a <a href=\"https:\/\/reforminggovernment.org\/wp-content\/uploads\/2025\/05\/IRG-Court-Watch-Judicial-Immunity.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">review<\/a> of the Dugan case, the Wisconsin-based Institute for Reforming Government notes the similarities with Joseph&rsquo;s legal troubles and asserts the prosecution of the Milwaukee County judge &ldquo;tests the boundaries of judicial immunity and federal state-relations, raising questions about accountability and sovereignty.&rdquo;&nbsp;<\/p>\n<p>&ldquo;What happens next could set a national precedent,&rdquo; IRG states in the report titled, <a href=\"https:\/\/reforminggovernment.org\/wp-content\/uploads\/2025\/05\/IRG-Court-Watch-Judicial-Immunity.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">&ldquo;Judicial Immunity in Wisconsin Has Limitations Attached To The Role of a Judge.&rdquo;<\/a><\/p>\n<p>&ldquo;If Judge Dugan wins, judges may gain broader protection from prosecution. If she loses, it could reinforce that judges are not above the law &mdash; especially when it comes to interfering with federal enforcement.&rdquo;<\/p>\n<hr>\n<p>      Matt Kittle is a senior elections correspondent for The Federalist. An award-winning investigative reporter and 30-year veteran of print, broadcast, and online journalism, Kittle previously served as the executive director of Empower Wisconsin.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Milwaukee Judge Hannah Dugan pleaded not guilty to charges of aiding an illegal immigrant evade federal authorities<\/p>\n","protected":false},"author":656,"featured_media":2442657,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2025\/06\/Screenshot-2025-06-03-at-10.57.56-PM.png","fifu_image_alt":"","footnotes":""},"categories":[33651],"tags":[36411,56498,54225],"class_list":["post-2442656","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-western-journal","tag-federal-charges","tag-judicial-privilege","tag-wi-judge"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2025\/06\/Screenshot-2025-06-03-at-10.57.56-PM.png","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2442656","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/656"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2442656"}],"version-history":[{"count":3,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2442656\/revisions"}],"predecessor-version":[{"id":2442663,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2442656\/revisions\/2442663"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2442657"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2442656"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2442656"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2442656"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}