The legal team defending a Wisconsin judge accused of assisting a man in avoiding immigration officials has recently broadened their request to dismiss the case.
Judge Hannah Dugan’s lawyers contend that she is protected by judicial immunity for her actions in an official capacity and argue that the federal authorities overreached by apprehending and charging her. Furthermore, the defense team claims, as highlighted in their memo, that the charges infringe upon the Constitution’s Tenth Amendment and breach the principle of separation of powers.
They also maintain that Dugan could only face charges for actions entirely unrelated to her judicial role, such as accepting bribes or infringing on someone’s constitutional rights. In this instance, Dugan is not accused of either of these offenses.
“The indictment itself is an ugly innovation. Its dismissal will not be,” Dugan’s attorneys write in the memo.
A split image of protesters in Wisconsin over the charges filed against Hannah Dugan for allegedly concealing an undocumented immigrant from ICE officers, next to a photo of Dugan. The trial kicks off in July. (Getty Images )
Footage released last week appears to show Dugan interacting with the ICE agents in a hallway before allegedly escorting Flores-Ruiz and his attorney out a private exit.
On May 13, a grand jury indicted Dugan on federal charges of concealing a person from arrest and obstruction of justice. Dugan pleaded not guilty and is scheduled to go to trial in July. If found guilty of both charges, she could face up to six years in prison and $350,000 in fines.
Fox News Digital’s Greg Norman and Audrey Conklin contributed to this report.
Mastantuono, Coffee & Thomas, the law firm representing Dugan, did not respond to a Fox News Digital request for comment in time for publication.
