MILWAUKEE (AP) 鈥 A Wisconsin judge pleaded not guilty Thursday to charges accusing her of helping a man who is illegally in the country evade U.S. immigration authorities seeking to arrest him in her courthouse.
Milwaukee County Circuit entered the plea during a brief arraignment in federal court. Magistrate Judge Stephen Dries scheduled a trial to begin July 21. Dugan鈥檚 lead attorney, Steven Biskupic, told the judge that he expects the trial to last a week.
Dugan, her lawyers and prosecutors left the hearing without speaking to reporters.
The accusations against Dugan
She is charged with concealing an individual to prevent arrest and obstruction. Prosecutors say she escorted Eduardo Flores-Ruiz and his lawyer out of her courtroom through a back door on April 18 after learning that U.S. Immigration and Customs Enforcement agents were in the courthouse seeking to arrest him for being in the country illegally. She could face up to six years in prison if convicted on both counts.
Her attorneys say she鈥檚 innocent. They Wednesday to dismiss the case, saying she was acting in her official capacity as a judge and therefore is immune to prosecution. They also maintain that the federal government violated Wisconsin鈥檚 sovereignty by disrupting a state courtroom and prosecuting a state judge.
A public backlash
Dugan’s arrest has inflamed tensions between Trump administration and Democrats over the president鈥檚 sweeping immigration crackdown.
Dozens of demonstrators gathered outside the courthouse ahead of Thursday’s hearing, with some holding signs that read, 鈥淥nly Fascists Arrest Judges — Drop the Charges,鈥 鈥淒epartment of Justice Over-Reach鈥 and 鈥淜eep Your Hands Off Our Judges!!鈥 The crowd chanted 鈥淒ue process rights,鈥 鈥淗ands off our freedom,鈥 and 鈥淪i se puede鈥 鈥 Spanish for 鈥淵es, we can鈥 鈥 which is a rallying cry for immigrant rights advocates.
One man stood alone across the street holding a Trump flag.
Nancy Camden, from suburban Mequon north of Milwaukee, was among the protesters calling for the case to be dismissed. She said she believes ICE shouldn’t have tried to arrest Flores-Ruiz inside the courthouse and the Department of Justice 鈥渙verreached鈥 in charging Dugan.
鈥淗ow they handled this and made a big show of arresting her and putting her in handcuffs, all of that was intimidation,鈥 Camden said. 鈥淎nd I鈥檓 not going to be intimidated. I鈥檓 fighting back.鈥
Esther Cabrera, an organizer with the Milwaukee Alliance Against Racist and Political Repression, said the charges against Dugan amount to 鈥渟tate-funded repression.鈥
鈥淚f we are going to go after judges, if we鈥檙e going to we have to understand that they can come after anybody,鈥 she said. 鈥淎nd that鈥檚 kind of why we wanted to make a presence out here today is to say that you can鈥檛 come after everyone and it stops here.鈥
The case background
According to court documents, Flores-Ruiz illegally reentered the U.S. after being deported in 2013. Online court records show he was charged with three counts of misdemeanor domestic abuse in Milwaukee County in March, and he was in Dugan鈥檚 courtroom on April 18 for a hearing in that case.
According to an FBI affidavit, Dugan was alerted to the agents鈥 presence by her clerk, who was informed by an attorney that the agents appeared to be in the hallway. Dugan was visibly angry and called the situation 鈥渁bsurd鈥 before leaving the bench and retreating to her chambers, the affidavit contends. She and another judge later approached members of the arrest team in the courthouse with what witnesses described as a 鈥渃onfrontational, angry demeanor.鈥
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 from the courtroom, according to the affidavit.
After she returned to the courtroom, witnesses heard her say something to the effect of 鈥渨ait, come with me鈥 before ushering Flores-Ruiz and his attorney out through a door typically used only by deputies, jurors, court staff and in-custody defendants, the affidavit alleges. Flores-Ruiz was free on a signature bond in the abuse case, according to online state court records. Federal agents ultimately detained him outside the courthouse after a foot chase.
The state Supreme Court last week, saying the move was necessary to preserve public confidence in the judiciary. She was freed after her arrest.
How the case might play out
John Vaudreuil, a former federal prosecutor in Wisconsin who isn鈥檛 involved in Dugan鈥檚 or Flores-Ruiz鈥檚 cases, said the Trump administration seems to want to make an example out of Dugan. U.S. Attorney General Pam Bondi or Deputy Attorney General Todd Blanche, rather than the U.S. attorney in Milwaukee, are likely making the decisions on how to proceed, making it less likely prosecutors will reduce the charges against Dugan in a deal, he said.
Her attorneys will likely try to push for a jury trial, Vaudreuil predicted, because they know that 鈥減eople feel very strongly about the way the president and administration is conducting immigration policy.鈥
Dugan is represented by some of Wisconsin’s most accomplished lawyers. Biskupic was a federal prosecutor for 20 years and served seven years as U.S. attorney in Milwaukee. Paul Clement, meanwhile, is a former U.S. solicitor general who has argued more than 100 cases in front of the U.S. Supreme Court. Both were appointed to jobs by former Republican President George W. Bush.
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Associated Press reporters Scott Bauer in Madison, Wisconsin, and Laura Bargfeld contributed to this report.
