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Federal prosecutors are pushing back against Milwaukee Judge Hannah Dugan’s motion to dismiss an indictment filed against her for allegedly helping an illegal immigrant evade Immigration and Customs Enforcement (ICE) officers in the Milwaukee County Courthouse last month.
Dugan, 65, was indicted last month on federal charges of obstruction of proceedings before a U.S. agency and unlawful concealment of an individual subject to arrest.
Her attorneys say she is entitled to judicial immunity and that the federal government overstepped its authority by arresting and charging her, violating her 10th Amendment rights and the principle of separation of powers, according to court documents filed in late May.
On Wednesday, prosecutors filed a response to her motion to dismiss, noting that “the Supreme Court has made clear that judges are not immune from criminal liability.”
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“In the end, Dugan asks for this Court to develop a novel doctrine of judicial immunity from criminal prosecution, and to apply it to the facts alleged in the indictment, all without reasonable basis—directly or indirectly—in the Constitution, statutes, or case law,” prosecutors wrote.
“In her lengthy memorandum, Dugan concedes that ‘[j]udges, like legislators and executive officials, are not above the law,’” they said.
“Dugan’s desired ruling would, in essence, say that judges are ‘above the law,’ and uniquely entitled to interfere with federal law enforcement,” prosecutors added.
Federal prosecutors allege that the Milwaukee Circuit Court judge personally escorted Mexican illegal immigrant and domestic battery suspect Eduardo Flores-Ruiz out of the courthouse on April 18 while ICE agents were attempting to serve a warrant.
NEW FOOTAGE SHOWS MILWAUKEE JUDGE CONFRONTING ICE BEFORE ALLEGEDLY HELPING ILLEGAL IMMIGRANT EXIT
The surveillance footage recently released by Milwaukee County in response to an open records request appears to show Dugan, wearing her black robe, confronting ICE agents in the courthouse hallway.
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Federal prosecutors say members of ICE Enforcement and Removal Operations (ERO), along with federal partners from the FBI, DEA, and U.S. Customs and Border Protection, were preparing to serve Flores-Ruiz with a warrant in a public courthouse hallway on April 18 before his scheduled court appearance with Dugan.
WATCH THE SURVEILLANCE FOOTAGE:
After becoming aware of what federal officials described as a valid immigration arrest warrant for Flores-Ruiz, Dugan allegedly told agents that they needed a judicial warrant and told them to go to the chief judge’s office.
The agents then left their place in the hallway, at which point Dugan allegedly chose not to hold a hearing for Flores-Ruiz and “personally escorted” the suspect and his attorney through a private exit while the victims of his alleged crimes were in the courthouse at the time, the Justice Department said in a press release.
MILWAUKEE COUNTY JUDGE HANNAH DUGAN INDICTED AFTER ALLEGEDLY HELPING ILLEGAL ALIEN EVADE ICE
While Dugan argues that ICE agents interrupted goings-on in the courthouse on April 18, prosecutors say it was Dugan who disrupted proceedings.
“The evidence also will show that agents were not in the courtroom when Dugan took the bench, but that—after being told by a member of her staff that ICE agents were present in the hallway—Dugan chose to pause an unrelated case, leave her courtroom, disrupt proceedings in a colleague’s courtroom to commandeer her assistance, and then confront agents in the public hallway,” the filing says.
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Prosecutors say evidence also shows Dugan directing agents to the chief judge’s office even while knowing he was out, then she “quickly returned to her courtroom and, among other things, directed [Florez-Ruiz’s] attorney to ‘take your client out and come back and get a date; and then to go through the jury door and down the stairs’ before physically escorting [Flroes-Ruiz] and his attorney into a non-public hallway with access to a stairwell that led to a courthouse exit,” filings say.
Dugan “did this all just days after thanking a colleague for providing information which explained that ICE could lawfully make arrests in the courthouse hall,” prosecutors stated Wednesday.
“Put simply, nothing in the indictment or the anticipated evidence at trial supports Dugan’s assertion that agents ‘disrupted’ the court’s docket; instead, all events arose from Dugan’s unilateral, non-judicial, and unofficial actions in obstructing a federal immigration matter over which she, as a Wisconsin state judge, had no authority,” the document reads. “At the very least, for purposes of deciding this motion, Dugan’s claims to the contrary find no support in the indictment and should be rejected.”
One of Dugan’s defense attorneys, Dean Strang, told Fox News Digital that her counsel has a “good reply” to prosecutors’ Wednesday filing, but her team is waiting until their reply brief, due next Monday, to make it.
The Milwaukee judge has pleaded not guilty to charges filed against her, and a federal judge has set her trial date for July 21.
A federal indictment accuses Dugan of “falsely” telling federal officials in April that they needed a warrant to come into her courtroom during a scheduled appearance by Flores-Ruiz, an undocumented Mexican national facing three misdemeanor battery charges.
Video footage appears to show Flores-Ruiz exiting the courthouse with his attorney, while an ICE agent follows him, and then running alongside the building for about a block before agents capture and arrest him.
Federal officials arrested Dugan a week after the courthouse incident.
Dugan could face a maximum sentence of six years. She has pleaded not guilty to the charges filed against her. Fox News Digital has reached out to her attorney, Craig Mastantuono, for comment on the footage.
In April, Dugan’s legal team also filed a motion to dismiss the federal case against her, saying the judge “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.
Fox News Digital’s Rachel Wolf contributed to this report.
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