The prosecution of Milwaukee County Circuit Judge Hannah Dugan has highlighted the push by President Donald Trump’ s administration to confront state and local authorities who resist his sweeping immigration crackdown.
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She was arrested at the county courthouse in April and indicted on federal charges in May. She quickly filed a motion to dismiss the charges, arguing that she was acting in her official capacity as a judge and is therefore immune from prosecution.
However, U.S. District Judge Lynn Adelman on Tuesday rejected that argument and upheld the July recommendation of a magistrate judge who also ruled that the case could proceed.
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“A review of the relevant history reveals the government has the better of the argument,” Adelman wrote.
He said that “the particulars of this case may be unusual,” but “there is no firmly established judicial immunity barring criminal prosecution of judges for judicial acts. There is no basis for granting immunity simply because some of the allegations in the indictment describe conduct that could be considered ‘part of a judge’s job.’”
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Steve Caballero, spokesman for prosecutors in the U.S. attorney’s Milwaukee, had no comment on the ruling.
Adelman’s decision could be appealed to the 7th U.S. Circuit Court of Appeals. He scheduled a hearing in the case for Sept. 3.
Dugan has pleaded not guilty to helping a man in the country illegally try to evade authorities. No trial date has been set. She faces up to six years in prison and a $350,000 fine if convicted on both counts.
* Original Article:
https://www.yahoo.com/news/articles/federal-judge-allows-case-against-175211516.html