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Jonathan Turley predicts Wisconsin judge’s motion to dismiss charges will be turned down
Fox News contributor Jonathan Turley weighs in after Wisconsin Judge Hannah Dugan was indicted for helping an illegal immigrant evade ICE agents.
The Wisconsin judge accused of helping an illegal immigrant evade arrest by ICE in her courtroom entered a not guilty plea Thursday in federal court.
Milwaukee County Circuit Court Judge Hannah Dugan was indicted by a grand jury Tuesday on federal charges of concealing a person from arrest and obstruction of justice following the alleged incident involving Eduardo Flores-Ruiz last month. Around 200 protesters were demonstrating Thursday outside the federal courthouse in Milwaukee ahead of her court appearance. A trial date has now been set for July 21.
The indictment accused Dugan of “falsely” telling federal officials in April that they needed a warrant to come into her courtroom during a scheduled appearance by Flores-Ruiz, an undocumented Mexican national facing three misdemeanor battery charges.
Dugan told the immigration officers to proceed to the chief judge’s office to obtain a warrant, according to a criminal complaint, and she then escorted Flores-Ruiz through a side door to evade federal agents. Flores-Ruiz was then “arrested after a foot chase,” the complaint added.
MILWAUKEE JUDGE INDICTED FOR HELPING IMMIGRANT EVADE ICE FACES UP TO 6 YEARS IN PRISON
Eduardo Flores-Ruiz, left, and Milwaukee County Circuit Court Judge Hannah Dugan. (DHS/Milwaukee Independent via AP)
If found guilty of both charges, Dugan could face up to six years in prison and up to $350,000 in fines.
“Judge Hannah C. Dugan has committed herself to the rule of law and the principles of due process for her entire career as a lawyer and a judge,” her lawyers said, adding that their client further “asserts her innocence and looks forward to being vindicated in court.”
Around 200 protesters gathered on Thursday, May 15, outside the federal courthouse in Milwaukee, Wis., where Dugan was appearing. (WITI)
On Wednesday, Dugan’s legal team also filed a motion to dismiss the federal case against her.
MILWAUKEE COUNTY JUDGE HANNAH DUGAN INDICTED AFTER ALLEGEDLY HELPING ILLEGAL ALIEN EVADE ICE
The FBI is seen arresting Milwaukee County Circuit Court Judge Hannah Dugan on April 25. (Obtained by Fox News)
“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,” the motion said.
“Judge Dugan reserves her right to seek other relief, including by other motions before and at trial. But the immunity and federalism issues must be resolved swiftly because the government has no basis in law to prosecute her. The prosecution against her is barred. The Court should dismiss the indictment,” it added.
A criminal complaint, citing witnesses, said Dugan “was visibly upset and had a confrontational, angry demeanor” during the incident on April 18.
Hannah Dugan, Branch 31, speaks as candidates seeking election to Milwaukee County Circuit Court branches 31, 44 and 45 appeared during a forum at the Milwaukee Bar Association on Tuesday, March 15, 2016. (Mike De Sisti/USA TODAY NETWORK via Imagn Images)
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A week later, the FBI arrested Dugan at the courthouse before she was released from custody.
Fox News’ Breanne Deppisch, Olivianna Calmes and Patrick McGovern contributed to this report.
Greg Norman is a reporter at Fox News Digital.