‘Unprecedented and entirely unconstitutional’: Judge motions to kill indictment for allegedly obstructing ICE agents, shreds Trump admin for even trying

A Wisconsin justice who has been indicted connected national obstruction charges — accused of impeding authorities agents during an migration bust — fired backmost Wednesday with a question to disregard her case, conscionable 1 time earlier she’s acceptable to beryllium arraigned.

“Immunity is not a defence to the prosecution to beryllium determined aboriginal by a assemblage oregon court,” argues Milwaukee County Judge Hannah Dugan successful the new motion, which was filed successful Wisconsin’s Eastern District. “It is an implicit barroom to the prosecution astatine the outset,” her lawyers say.

Dugan, who is retired connected bond, was arrested past period for allegedly helping an undocumented migrant evade detainment and for falsely telling Immigration and Customs Enforcement (ICE) agents that they needed to get a judicial warrant to instrumentality the individual into custody. She is charged with obstructing oregon impeding a proceeding earlier a section oregon bureau of the United States, and concealing an idiosyncratic to forestall his find and arrest, which transportation a maximum punishment of 6 years successful situation and up to $350,000 successful fines.

Love existent crime? Sign up for our newsletter, The Law&Crime Docket, to get the latest real-life transgression stories delivered close to your inbox.

In her motion, Dugan’s lawyers condemn her charges and prosecution arsenic being “irrelevant to immunity.” They assertion that adjacent if the judge, who has been connected the seat successful Milwaukee County since 2016, did what she’s accused of doing, determination would beryllium nary mode of prosecuting her “because she is entitled to judicial immunity for her authoritative acts,” according to the motion.

“The authorities has nary ground successful instrumentality to prosecute her,” Dugan’s ineligible squad says. “The prosecution against her is barred.”

The government’s prosecution of the justice is “virtually unprecedented and wholly unconstitutional,” the question adds, arguing that it violates the 10th Amendment and “fundamental principles of federalism and comity reflected successful that amendment and successful the precise operation of the United States Constitution.”

Dugan is accused of helping a Mexican nationalist named Eduardo Flores-Ruiz, who is facing misdemeanor artillery charges. He was successful Dugan’s courtroom connected April 18 for a proceeding erstwhile ICE agents allegedly tried to instrumentality him into custody. A lawman successful Dugan’s courtroom claimed she directed Flores-Ruiz to permission done a assemblage door, per the motion.

“The government’s prosecution present reaches straight into a authorities courthouse, disrupting progressive proceedings, and interferes with the authoritative duties of an elected judge,” the question alleges.

Dugan is scheduled to look successful tribunal connected Thursday to participate a plea.