Wisconsin judge argues prosecutors can't charge her with helping a man evade immigration agents

MADISON, Wis. (AP) — A Wisconsin justice charged with helping a antheral who is successful the state illegally evade U.S. migration agents who were trying to detain him astatine her courthouse filed a question to disregard the lawsuit Wednesday, arguing that there's nary ineligible ground for it.

Attorneys for Milwaukee County Circuit Judge Hannah Dugan reason successful their question that her behaviour connected the time successful question amounted to directing people's question successful and astir her courtroom, and that she enjoys ineligible immunity for authoritative acts she performs arsenic a judge. They mention past year's U.S. Supreme Court ruling successful President Donald Trump's 2020 predetermination interference lawsuit that recovered that erstwhile presidents person implicit immunity from prosecution for authoritative acts that autumn wrong their “exclusive sphere of law authority” and are presumptively entitled to immunity for each authoritative acts.

“The problems with the prosecution are legion, but astir immediately, the authorities cannot prosecute Judge Dugan due to the fact that she is entitled to judicial immunity for her authoritative acts,” the question says. “Immunity is not a defence to the prosecution to beryllium determined aboriginal by a assemblage oregon court; it is an implicit barroom to the prosecution astatine the outset.”

The justice overseeing her lawsuit is Lynn Adelman, a erstwhile Democratic authorities senator. Former President Bill Clinton appointed him to the seat successful 1997.

A spokesperson for the U.S. attorney's bureau successful Milwaukee didn't instantly respond to an email seeking comment.

Federal prosecutors charged Dugan successful April with obstruction and concealing an idiosyncratic to forestall arrest. A expansive assemblage indicted her connected the aforesaid charges connected Tuesday. She faces up to six years successful situation if convicted of some counts.

Her attorneys importune Dugan is innocent. She's expected to participate a not blameworthy plea astatine her arraignment Thursday.

Dugan's apprehension has escalated a clash betwixt the Trump medication and Democrats implicit the Republican president's sweeping migration crackdown. Democrats contend that Dugan's apprehension went excessively acold and that the medication is trying to marque an illustration retired of her to discourage judicial absorption to the crackdown.

Dugan’s lawsuit is akin to 1 brought during the archetypal Trump medication against a Massachusetts judge, who was accused of helping a antheral sneak retired a courthouse backmost doorway to evade a waiting migration enforcement agent. That lawsuit was yet dismissed.

According to prosecutors, Eduardo Flores-Ruiz illegally reentered the U.S. aft being deported successful 2013. He was charged successful March with misdemeanor home unit successful Milwaukee County and was successful Dugan's courtroom for a proceeding successful that lawsuit connected April 18.

Dugan's clerk alerted her that migration agents were successful the courthouse looking to apprehension Flores-Ruiz, prosecutors allege successful tribunal documents. According to an affidavit, Dugan became visibly aggravated astatine the agents' accomplishment and called the concern “absurd.” After discussing the warrant for Flores-Ruiz's apprehension with the agents, Dugan demanded that they talk with the main justice and led them distant from the courtroom.

She past returned to the courtroom, was heard saying thing to the effect of “wait, travel with me,” and past showed Flores-Ruiz and his lawyer retired a backmost door, the affidavit says. The migration agents yet detained Flores-Ruiz extracurricular the gathering pursuing a ft chase.

Dugan's dismissal question besides accuses the national authorities of violating Wisconsin's sovereignty by disrupting a authorities courtroom and prosecuting a authorities judge.

“The government's prosecution present reaches straight into a authorities courthouse, disrupting progressive proceedings, and interferes with the authoritative duties of an elected judge," the question states.

The authorities Supreme Court suspended Dugan from the seat past month, saying the determination was indispensable to sphere nationalist assurance successful the judiciary. A reserve justice is filling successful for her.