A Wisconsin jury found state court Judge Hannah Dugan guilty of obstructing federal immigration enforcement on Thursday, delivering a victory to the Trump administration's crusade against anyone-even judicial officers-who attempt to impede its mass deportation campaign. Dugan, a Milwaukee County Circuit Judge, helped a noncitizen evade ICE agents at the state courthouse by instructing him to exit the courtroom through a specific door. Agents apprehended him anyway, and prosecutors promptly charged Dugan with obstruction, a felony punishable by up to five years' imprisonment.
In a 37-page ruling, US district judge Thomas Cullen of Virginia's western district who was nominated and confirmed to his position during Donald Trump's first presidency wrote that any fair reading of the legal authorities cited by defendants leads to the ineluctable conclusion that this court has no alternative but to dismiss. To hold otherwise, Cullen added, would run counter to overwhelming precedent, depart from longstanding constitutional tradition, and offend the rule of law.
The case highlights the delicate balance judges must maintain between authority and impropriety in wielding their power, especially when addressing juvenile defendants.
The problems with the prosecution are legion, but most immediately, the government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts.