Beware the Spin About a Judge’s Arrest for Allegedly Helping an Illegal Immigrant Escape

On the menu today: Welcome to another case where the spin from Democratic senators — “Donald Trump is arresting judges he doesn’t like!” — is completely at odds with the known facts.

When Judges Help Illegal Immigrants Escape Arrest and Deportation

An indictment is just one side of the story, a narrative of events laid out by prosecutors. As the old saying goes, “A prosecutor can indict a ham sandwich.” With that said, if the events occurred as described in the affidavit of criminal complaint against circuit court judge Hannah Dugan are accurate, then she committed obstruction of justice and concealing an individual to prevent his discovery and arrest, and it’s extremely difficult to envision an alternate interpretation of the known facts that would exculpate Judge Dugan.

On March 18, Eduardo Flores-Ruiz was charged in Milwaukee County Circuit Court with three counts of battery, domestic abuse, and infliction of physical pain or injury. “Flores-Ruiz was accused of playing music too loudly in the home. The complaint alleges Flores-Ruiz punched another person 30 times, then struck a woman who tried to break up the melee.”

Immigration and Customs Enforcement identified Flores-Ruiz as an illegal immigrant from Mexico who had already been issued an I-860 Notice and Order of Expedited Removal by U.S. Border Patrol Agents on January 16, 2013, and that Flores-Ruiz was “removed to Mexico through the Nogales, Arizona, port of entry.” Once you have an order of expedited removal, you can be deported without a court hearing, because you have been determined inadmissible to the United States. Any argument that Flores-Ruiz had a right to stay in the country is moot; the U.S. government determined that he could not be admitted under any circumstances back during the Obama administration.

ICE matched the fingerprints on their records with the fingerprint records for Flores-Ruiz’s arrest for domestic battery. While it’s not unheard of to have false positives when matching fingerprints in criminal cases, a 2011 study put the false positive rate at one-tenth of 1 percent. There is no reason to doubt that the Flores-Ruiz in the Milwaukee courtroom was the Flores-Ruiz in the ICE database with an order of expedited removal.

Members of ICE’s “Enforcement and Removal Operations Task Force” traveled to the courthouse, with Flores-Ruiz’s arrest warrant in hand, intending to arrest him.

As FBI special agent Lindsay Schloemer laid out in the criminal complaint:

Law enforcement routinely executes warrants and makes arrests in the public areas of buildings such as the Milwaukee County Courthouse. The reasons for this include not only the fact that law enforcement knows the location at which the wanted individual should be located but also the fact that the wanted individual would have entered through a security checkpoint and thus unarmed, minimizing the risk of injury to law enforcement, the public, and the wanted individual.

The arresting team consisted of an ICE officer, a Customs and Border Protection officer, two FBI special agents, and two DEA agents. According to the affidavit, “The agents were generally dressed in plain clothes and intended to effectuate the arrest in as low-key and safe of a manner as possible.”

ICE and other federal law enforcement officials making arrests inside the courthouse but outside of the courtroom is legal and with many established precedents.

However, Milwaukee Democratic officials don’t like ICE making arrests inside the courthouse. On April 4, before the arrest of Flores-Ruiz or Dugan, Milwaukee County Executive David Crowley argued that ICE should not arrest wanted illegal immigrants in the courthouse:

“The Milwaukee County Courthouse stands as a cornerstone of justice where residents come to seek information, resources, and fair participation in the legal process. An attack on this safe, community-serving space undermines public trust, breeds fear among citizens and staff and disrupts the due process essential to our courts. As local leaders, we have a duty to protect these institutions, uphold accessible services, and safeguard every individual’s constitutional right to engage fully in the judicial process. The last thing we want is to interfere with the legal process or sow doubt in those summoned to the courthouse about whether or not they will receive fair, impartial justice. I will continue working with our partners across the county and state to maintain safety and justice for all.”

Notice the characterization of arresting a wanted criminal as “an attack.”

Nor is there any evidence that the ICE agents interfered with the regularly scheduled proceedings in the courtroom. From the affidavit:

After showing ID and badges, [a shift sergeant with Milwaukee County Sheriff’s Office] asked that any arrest wait until after the completion of the scheduled hearing before Judge DUGAN. As this was standard practice, Deportation Officer A and CBP Officer A agreed, and they were allowed to proceed unescorted to the public hallway outside of Courtroom 615. . . .

FBI Agent A displayed his credentials to the courtroom deputy and informed him that they were there to assist ICE in arresting Flores-Ruiz. They agreed that the arrest would take place after Flores-Ruiz’s court appearance. The agents then left the courtroom and took positions at different locations in the public hallway.

From the moment Judge Dugan learned that ICE agents were in the courthouse, she apparently insisted they did not have the authority to arrest Flores-Ruiz:

Judge DUGAN and Judge A, who were both wearing judicial robes, approached members of the arrest team in the public hallway. Judge A’s courtroom is located adjacent to Judge DUGAN’s courtroom. Witnesses uniformly reported that Judge DUGAN was visibly upset and had a confrontational, angry demeanor. Judge DUGAN addressed Deportation Officer A and asked if Deportation Officer A was present for a court appearance. When Deportation Officer A responded, “no,” Judge DUGAN stated that Deportation Officer A would need to leave the courthouse.

A question for the likes of Andy McCarthy or Ed Whelan: Does a judge have the authority to order federal law enforcement officers to leave a courthouse?

Deportation Officer A stated that Deportation Officer A was there to effectuate an arrest. Judge DUGAN asked if Deportation Officer A had a judicial warrant, and Deportation Officer A responded, “No, I have an administrative warrant.” Judge DUGAN stated that Deportation Officer A needed a judicial warrant. Deportation Officer A told Judge DUGAN that Deportation Officer A was in a public space and had a valid immigration warrant. Judge DUGAN asked to see the administrative warrant and Deportation Officer A offered to show it to her. Judge DUGAN then demanded that Deportation Officer A speak with the Chief Judge. Judge DUGAN then had a similar interaction with FBI Agent B and CBP Officer A. After finding out that they were not present for a court appearance and that they were with ICE, Judge DUGAN ordered them to report to the Chief Judge’s office.

After some delays, the ICE team member was finally able to reach the chief judge:

Deportation Officer A went inside a more private area of the Chief Judge’s office to speak with him on the phone. During their conversation, the Chief Judge stated he was working on a policy which would dictate locations within the courthouse where ICE could safely conduct enforcement actions. The Chief Judge emphasized that such actions should not take place in courtrooms or other private locations within the building. Deportation Officer A asked about whether enforcement actions could take place in the hallway. The Chief Judge indicated that hallways are public areas.

The ICE team has the green light, and there is no indication that there is anything improper or illegal about the impending arrest. But by that point, according to witnesses, Judge Dugan was already attempting to get Flores-Ruiz out of the building, past the federal agents who intended to arrest him:

The courtroom deputy recalled that upon the courtroom deputy’s return to the courtroom, defense counsel for Flores-Ruiz was talking to the clerk, and Flores-Ruiz was seated in the jury box, rather than in the gallery. . . .

The courtroom deputy then saw Judge DUGAN get up and heard Judge DUGAN say something like “Wait, come with me.”

Despite having been advised of the administrative warrant for the arrest of Flores-Ruiz, Judge DUGAN then escorted Flores-Ruiz and his counsel out of the courtroom through the “jury door,” which leads to a nonpublic area of the courthouse. These events were also unusual for two reasons. First, the courtroom deputy had previously heard Judge DUGAN direct people not to sit in the jury box because it was exclusively for the jury’s use. Second, according to the courtroom deputy, only deputies, juries, court staff, and in-custody defendants being escorted by deputies used the back jury door. Defense attorneys and defendants who were not in custody never used the jury door.

You don’t have to look far to find figures on the left arguing that because “the man in question and his attorney were in the public hallway where agents watched him and his attorney and they didn’t arrest him,” there was something illegitimate about what transpired. But remember, the federal agents already agreed with the sergeant from the Milwaukee County Sheriff’s Office to arrest Flores-Ruiz after his court appearance. The fact that they didn’t arrest him the moment they saw him doesn’t mean the judge is allowed to sneak a wanted criminal out the back door.

Let’s not forget, this isn’t just an illegal immigrant; this is a guy facing three charges of domestic battery. If this account is accurate, Dugan is helping Flores-Ruiz skip out on a court appearance in front of her. To hell with those pending battery and domestic abuse charges, apparently.

More witness accounts:

Attorney B similarly explained that after returning to the courtroom, Judge DUGAN forcefully motioned for Flores-Ruiz’s attorney and a male she did not know (Attorney B had never met Flores-Ruiz) to approach. Flores-Ruiz’s attorney appeared to be confused by the judge’s gesture but complied with her directive. Judge DUGAN commanded Flores-Ruiz’s attorney and the male to leave through a backdoor of the courtroom. Attorney B then saw Judge DUGAN escort Flores-Ruiz’s attorney and the male through a non-public door near the courtroom’s jury box. Shortly thereafter, Judge DUGAN came back to the courtroom and conducted hearings on that morning’s docket. Later that morning, Attorney B realized that Flores-Ruiz’s case had never been called and asked the court about it. Attorney B learned that Flores-Ruiz’s case had been adjourned. This happened without Attorney B’s knowledge or participation, even though Attorney B was present in court to handle Flores-Ruiz’s case on behalf of the state, and even though victims were present in the courtroom.

It was all for naught, because the federal agents spotted Flores-Ruiz outside the courthouse, chased him down, and arrested him.

Obstruction of justice as a federal charge can get you up to 20 years in prison. According to the Department of Justice, “Section 1071 makes it an offense to harbor or conceal any person for whose arrest a warrant or process has been issued, so as to prevent the fugitive’s discovery and arrest, after having notice or knowledge that a warrant or process has been issued for the fugitive’s apprehension. An offender is subject to imprisonment for not more than one year, unless the warrant or process was issued on a felony charge, or after conviction of the fugitive of any offense, in which case the offender faces a maximum term of imprisonment of five years.”

Judge Dugan was presented with the valid administrative warrant for Flores-Ruiz, so it is difficult to believe Dugan didn’t realize she was committing a crime.

You will notice that Democrats want to talk about what they believe Trump did, and not about what Dugan actually did. Minnesota Senator Tina Smith contended on X, “If Kash Patel and Donald Trump don’t like a judge, they think they can arrest them.” At this point, we have no information indicating Trump even knew about this indictment. What is the U.S. Department of Justice supposed to do about a judge who helps a wanted illegal immigrant escape them? Just shrug and say, “Oh, well”?

Wisconsin Governor Tony Evers issued a statement that sounds like it’s vaguely supportive of Dugan, but doesn’t really address her case directly:

“In this country, people who are suspected of criminal wrongdoing are innocent until their guilt is proven beyond reasonable doubt and they are found guilty by a jury of their peers—this is the fundamental demand of justice in America.

“Unfortunately, we have seen in recent months the president and the Trump Administration repeatedly use dangerous rhetoric to attack and attempt to undermine our judiciary at every level, including flat-out disobeying the highest court in the land and threatening to impeach and remove judges who do not rule in their favor.

“I have deep respect for the rule of law, our nation’s judiciary, the importance of judges making decisions impartially without fear or favor, and the efforts of law enforcement to hold people accountable if they commit a crime. I will continue to put my faith in our justice system as this situation plays out in the court of law.”

You’ll notice that statement doesn’t just ignore all the specifics of the case, it doesn’t even name Judge Dugan. It’s so generic, it’s one step removed from, “In the criminal justice system, the people are represented by two separate yet equally important groups: The police who investigate crime and the district attorneys who prosecute the offenders. These are their stories.” Dun-dun.

On PBS Friday night, New York Times columnist David Brooks said of Dugan’s alleged actions, “It strikes me as maybe something illegal, but it also strikes me as something heroic.” I see the case for the first part, but not the second, unless you like the idea of illegal immigrants who allegedly committed domestic battery walking the streets.

You don’t have to look far to find the usual suspects (Rick Wilson) contending that there is something ipso facto radical and dangerous about federal authorities arresting a judge. Democratic Senator Tammy Baldwin of Wisconsin insisted, “The President’s administration arresting a sitting judge is a gravely serious and drastic move, and it threatens to breach those very separations of power.” Minnesota Senator Amy Klobuchar wrote, “The Administration’s arrest of a sitting judge in Wisconsin is a drastic move that threatens the rule of law.” Eh, doesn’t a judge letting an illegal immigrant with an order of expedited removal escape law enforcement “threaten the rule of law,” too?

Both Baldwin and Klobuchar insisted, “We don’t have all the details.” Eh, we have quite a few details already, and they paint a pretty ugly picture for Dugan. She will have her day in court, as a defendant. But right now, barring some new revelation or exculpatory evidence, this looks like an open-and-shut case.

You also may have heard about a former New Mexico judge arrested by federal authorities. Jose Cano served as a judge of the Doña Ana County Magistrate Court until March, and is accused of altering evidence relating to Cristhian Ortega-Lopez. A Venezuelan citizen, Ortega-Lopez entered the country illegally and allegedly has ties to the gang Tren de Aragua. In January, Homeland Security Investigations received a tip that Ortega-Lopez was unlawfully residing with other illegal aliens at a property in Las Cruces owned by Nancy and Jose Cano. On February 28, Ortega-Lopez was arrested, along with “multiple associates.”

On April 24, “During questioning, Jose Cano admitted to destroying Ortega’s cellphone by smashing it with a hammer approximately five weeks prior, believing it contained incriminating photos and videos of Ortega with firearms. Forensic analysis of the recovered phones revealed messages linked to Ortega’s criminal activities, including affiliations with the Tren de Aragua gang and images of Ortega with firearms.” Jose Cano is charged with one count of tampering with evidence and Nancy Cano is charged with one count of conspiracy to tamper with evidence. If convicted, the defendants face a maximum penalty of 20 years in prison, three years of supervised released, and up to a $250,000 fine.”

Again, this is the prosecutors’ side of the story. But it is difficult to believe that smashing a former tenant’s phone with a hammer after he’s been arrested is not an effort to tamper with evidence.

Not only is it perfectly legal and required to arrest a judge when a judge breaks the law, it happens with surprising frequency. Back in 2020, Reuters did a comprehensive review of cases of judicial misconduct and how they were handled:

In the first comprehensive accounting of judicial misconduct nationally, Reuters identified and reviewed 1,509 cases from the last dozen years — 2008 through 2019 — in which judges resigned, retired or were publicly disciplined following accusations of misconduct. In addition, reporters identified another 3,613 cases from 2008 through 2018 in which states disciplined wayward judges but kept hidden from the public key details of their offenses — including the identities of the judges themselves.

All told, 9 of every 10 judges were allowed to return to the bench after they were sanctioned for misconduct, Reuters determined. They included a California judge who had sex in his courthouse chambers, once with his former law intern and separately with an attorney; a New York judge who berated domestic violence victims; and a Maryland judge who, after his arrest for driving drunk, was allowed to return to the bench provided he took a Breathalyzer test before each appearance.

Reassuring, huh?

ADDENDUM: It’s the jotted-off joke posts on X that always seem to go viral.