A Milwaukee judge who was arrested for allegedly shielding an undocumented immigrant from ICE arrest has argued that she can’t be prosecuted based on the same case that granted President Donald Trump broad immunity for “official” acts.
The FBI arrested Hannah Dugan last month after she allegedly told agents with Immigration and Customs Enforcement that they needed a warrant to arrest an undocumented immigrant who had appeared in her courtroom on a misdemeanor charge.
FBI Director Kash Patel accused Dugan in a social media post of “intentionally misdirecting federal agents away” from the man, a Mexican immigrant named Eduardo Flores Ruiz who was nevertheless arrested outside the courthouse.
Dugan was indicted on Tuesday for allegedly concealing a person from arrest and obstruction. A day later, her lawyers argued in a motion to dismiss the case that Dugan is “no ordinary criminal defendant.”
The motion argued that the problems with the prosecution were “legion,” including the fact that they allegedly violated the U.S. Constitution’s fundamental principle of federalism. But “most immediately, the government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts,” it said.
Tag Archives: FBI Director Kash Patel
Politico: Judges have a warning about Trump’s rapid deportations: Americans could be next
A fundamental promise by America’s founders — that no one should be punished by the state without a fair hearing — is under threat, a growing chorus of federal judges say.
That concept of “due process under law,” borrowed from the Magna Carta and enshrined in the Bill of Rights, is most clearly imperiled for the immigrants President Donald Trump intends to summarily deport, they say, but U.S. citizens should be wary, too.
Across the country, judges appointed by presidents of both parties — including Trump himself — are escalating warnings about what they see as an erosion of due process caused by the Trump administration’s mass deportation campaign. What started with a focus on people Trump has deemed “terrorists” and “gang members” — despite their fierce denials — could easily expand to other groups, including Americans, these judges warn.
“When the courts say due process is important, we’re not unhinged, we’re not radicals,” U.S. District Judge Ana Reyes, a Washington, D.C.-based appointee of President Joe Biden, said at a recent hearing. “We are literally trying to enforce a process embodied in probably the most significant document with respect to peoples’ rights against tyrannical government oppression. That’s what we’re doing here. Okay?”
It’s a fight that judges are increasingly casting as existential, rooted in the 5th Amendment’s guarantee that “no person shall … be deprived of life, liberty or property, without due process of law.” The word “person,” courts have noted, makes no distinction between citizens or noncitizens. The Supreme Court has long held that this fundamental promise extends to immigrants in deportation proceedings. In a 1993 opinion, Justice Antonin Scalia called that principle “well-established.”
UPI: Judge Hannah Dugan’s arrest raises questions about jurisdiction, preserving judicial integrity
The arrest and charges against Dugan have sparked concerns about intimidation against judges but Russell Wheeler adds that the presence of deportation agents in the courthouse also creates a chilling effect. Wheeler is a non-resident senior fellow at the Brookings Institution.
“The question is whether or not they should be searching in the courthouse in the first place,” Wheeler told UPI. “They don’t want ICE agents in the courthouse because people without status are going to be afraid to testify, be witnesses and cooperate with law enforcement.”
Wheeler’s concerns are not limited to immigration-related arrests, though in the current climate that concern is heightened.
“There’s a host of reasons you want to keep the courthouse open, regardless of status,” he said. “It’s the same reason as having a church as a no-arrest zone. That’s a matter of preserving religious freedom. This is a matter, in my view, of preserving the integrity of the judicial process. You don’t do that by creating a system where people are afraid to go to court. You don’t want to discourage people from reporting crimes or providing evidence.”
Wall Street Journal: Hegseth Comes Under Scrutiny for Texting Strike Details as Fallout Grows
Republicans react with concern about new details on posts about weapons used and timing of Yemen attack
Defense Secretary Pete Hegseth came under increasing scrutiny after more details emerged Wednesday showing that he posted plans of an imminent military strike against Houthi militants, including the timing and weapon systems, on an unclassified group chat used by senior administration officials.
Several Democrats called for his resignation, saying Hegseth had flouted longstanding security procedures for handling sensitive military information. And the chairman and ranking member of the Senate Armed Services Committee sent a letter Wednesday requesting the Pentagon inspector general to investigate the chat.
It asks for an assessment of Defense Department policies on sharing of sensitive and classified information on nongovernmental networks and messaging services and to examine whether any individuals transferred classified information to unclassified systems.
“The information as published recently appears to me to be of such a sensitive nature that based on my knowledge, I would have wanted it classified,” Sen. Roger Wicker (R., Miss.), who chairs the committee told reporters. “If mistakes were made…they should be acknowledged.”
The new messages made public by the Atlantic magazine Wednesday showed that Hegseth texted details to other senior administration officials about the specific times that F-18s, MQ-9 Reaper drones and Tomahawk cruise missiles would be used in the attack and mentions intelligence that an unnamed target of the strikes was at a “known location.”
Such information is normally guarded carefully by the Pentagon before imminent strikes to avoid disclosures that could help adversaries.
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“The Signal incident is what happens when you have the most unqualified Secretary of Defense we’ve ever seen,” [Sen. Mark] Kelly wrote on X on Wednesday. “We’re lucky it didn’t cost any servicemembers their lives, but for the safety of our military and our country, Secretary Hegseth needs to resign.”
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Earlier this month, the Pentagon sent an advisory to all military personnel warning that a “vulnerability” had been identified in Signal and warned against using it for classified information.
“It borders on incompetence,” Chuck Hagel, the former Republican senator and defense secretary during the Obama administration, said of Hegseth’s texts. “It’s certainly reckless.”
Pete Hegseth Comes Under Scrutiny for Texting Strike Details as Signal Chat Fallout Grows – WSJ