The Wisconsin judge accused of helping an illegal immigrant evade arrest by ICE in her courtroom will enter a plea Thursday in federal court.
Judge Hannah Dugan of the Milwaukee County Circuit Court was charged by a federal grand jury on Tuesday with concealing a person from arrest and obstructing justice subsequent to an incident with Eduardo Flores-Ruiz the previous month.
The indictment stated that Dugan “falsely” informed federal officials in April that a warrant was required for them to enter her courtroom during Flores-Ruiz’s scheduled appearance. Flores-Ruiz, an undocumented Mexican national, was facing three misdemeanor battery charges.
According to a criminal complaint, Dugan directed immigration officers to the chief judge’s office to acquire a warrant, and she subsequently escorted Flores-Ruiz out through a side door in order to bypass federal agents. The complaint further stated that Flores-Ruiz was “arrested after a foot chase.”
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)
A week later, the FBI arrested Dugan at the courthouse before she was released from custody.
Fox News’ Breanne Deppisch contributed to this report.
