MADISON, Wis. (AP) — A federal grand jury on Tuesday indicted a Wisconsin judge accused of helping a man evade immigration authorities, allowing the case against her to continue.
The arrest of Milwaukee County Circuit Judge Hannah Dugan escalated a clash between President Donald Trump’s administration and local authorities over the Republican’s sweeping immigration crackdown. Democrats have accused the Trump administration of trying to make a national example of Dugan to chill judicial opposition to the crackdown.
Prosecutors charged Dugan in April via complaint with concealing an individual to prevent arrest and obstruction. In the federal criminal justice system, prosecutors can initiate charges against a defendant directly by filing a complaint or present evidence to a grand jury and let that body decide whether to issue charges.
A grand jury still reviews charges brought by complaint to determine whether enough probable cause exists to continue the case as a check on prosecutors’ power. If the grand jury determines there’s probable cause, it issues a written statement of the charges known as an indictment. That’s what happened in Dugan’s case.
Dugan faces up to six years in prison if she’s convicted on both counts. Her team of defense attorneys responded to the indictment with a one-sentence statement saying that she maintains her innocence and looks forward to being vindicated in court. She was scheduled to enter a plea on Thursday.
Kenneth Gales, a spokesperson for the U.S. attorney’s office in Milwaukee, declined to comment on the indictment Tuesday evening.
Dugan’s case is similar to one brought during the first Trump administration against a Massachusetts judge, who was accused of helping a man sneak out a courthouse back door to evade a waiting immigration enforcement agent. That case was eventually dismissed.
Prosecutors say Dugan escorted Eduardo Flores-Ruiz and his lawyer out of her courtroom through a back jury door on April 18 after learning that U.S. Immigration and Customs Enforcement agents were in the courthouse seeking his arrest.
According to court documents, Flores-Ruiz illegally reentered the U.S. after being deported in 2013. Online state court records show he was charged with three counts of misdemeanor domestic abuse in Milwaukee County in March. He was in Dugan’s courtroom that morning of April 18 for a hearing.
Court documents suggest Dugan was alerted to the agents’ presence by her clerk, who was informed by an attorney that the agents appeared to be in the hallway. An affidavit says Dugan was visibly angry over the agents’ arrival and called the situation “absurd” before leaving the bench and retreating to her chambers. She and another judge later approached members of the arrest team in the courthouse with what witnesses described as a “confrontational, angry demeanor.”
After a back-and-forth with the agents over the warrant for Flores-Ruiz, Dugan demanded they speak with the chief judge and led them away from the courtroom, according to the affidavit.
She then returned to the courtroom and was heard saying words to the effect of “wait, come with me” and ushered Flores-Ruiz and his attorney out through a back jury door typically used only by deputies, jurors, court staff and in-custody defendants, according to the affidavit. Flores-Ruiz was free on a signature bond in the abuse case at the time, according to online state court records.
Federal agents ultimately captured him outside the courthouse after a foot chase.
The state Supreme Court suspended Dugan from the bench in late April, saying the move was necessary to preserve public confidence in the judiciary. A reserve judge is filling in for her.
