Wisconsin Judge Hannah Dugan is fighting back against federal charges, using a ruling that protected President Donald Trump to argue for her case to be thrown out.
Dugan was arrested earlier this year after federal officials accused her of helping Eduardo Flores-Ruiz, a Mexican immigrant in her courtroom, evade federal arrest. She now faces charges of concealing a person from arrest and obstructing proceedings. But this week, Dugan’s lawyers made a bold move, arguing that the case should be dismissed entirely, NBC News reports.
In their defense, Dugan’s attorneys pointed to a Supreme Court ruling last year, where the Court sided with Trump in his fight against federal charges over his involvement in the 2020 election. In the case of Trump v. United States, the Court ruled that a president has immunity for actions taken while performing official duties.
Dugan’s legal team argues that, like Trump, she should be entitled to immunity for her actions, which they say were part of her official duties as a judge.
“The problems with this prosecution are legion,” the lawyers wrote. “But most immediately, the government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts.” They went on to argue that immunity isn’t something to be decided later by a jury—it should prevent prosecution right from the start.
The attorneys also cited the Supreme Court’s finding that “In dividing official from unofficial conduct, courts may not inquire into the President’s motives.” Since Dugan’s actions were part of her official duties in the courtroom, they contend that she, too, is immune from prosecution and conviction.
Even without this immunity argument, legal experts have questioned the strength of the case against Dugan. Wisconsin Elections Commission head Ann Jacobs reviewed the government’s complaint and pointed out that Dugan’s actions didn’t actually prevent Flores-Ruiz from being arrested. In fact, the “jury door” she directed him through led directly to a hallway filled with federal agents who could have arrested him. However, those agents chose not to act until later, when Flores-Ruiz and his attorney were already leaving the building.
