Jury Convicts Wisconsin Judge of Obstructing ICE In Precedent-Setting Case

A Wisconsin judge accused of helping an immigrant evade federal immigration officials seeking his arrest was found guilty of a felony obstruction Thursday.

Milwaukee County Judge Hannah Dugan’s conviction marks a high-profile victory for the Department of Justice (DOJ) and President Donald Trump’s aggressive immigration crackdown. 

The judge’s arrest in April drew protests in Milwaukee and sharp criticism of the Trump administration’s ongoing tactic of arresting people in courthouses while they are appearing for immigration hearings.

Dugan, a judge for nine years, was accused of intentionally misdirecting federal agents away from a Mexican immigrant who was appearing in state court at the time. The agents were seeking to arrest the man outside her courtroom.

Alongside the felony obstruction charge, Dugan was charged with a misdemeanor count of concealing an individual to prevent his arrest or discovery. 

The jury acquitted her of the misdemeanor but found her guilty of the felony. She now faces up to five years in prison. However, given the circumstances and her lack of a criminal record, it’s unlikely she will receive a maximum penalty if she’s sentenced.

A sentencing hearing has yet to be scheduled.

Dugan’s case sets a precedent: It marks the first time a state judge has gone to trial and been convicted on charges of obstructing immigration agents.

Dugan’s lawyer, former U.S. Attorney Steve Biskupic, said the conviction was disappointing but the case was “a long way from over.”

Biskupic said that the jury’s split verdict was puzzling since Dugan’s mental state, actions and other circumstances were virtually the same for both counts. He added that he would ask the presiding judge to set aside the felony conviction based on the split.

Interim U.S. Attorney for the Eastern District of Wisconsin Brad Schimel, the state’s former attorney general who led an unsuccessful bid for Wisconsin Supreme Court earlier this year, headed the DOJ’s case against Dugan.

“We weren’t trying to make an example out of anyone,” Schimel said after the jury issued its verdict. “This was necessary to hold Judge Dugan accountable because of the actions she took.”

Despite Schimel’s comments, Trump’s political appointees hailed Dugan’s conviction as an example.

“NO ONE IS ABOVE THE LAW,” Attorney General Pam Bondi wrote on social media Friday. “No one can obstruct law enforcement as they carry out their basic duties. This Department of Justice will not waver as our agents and law enforcement partners continue to make America Safe Again.”

Reacting to her conviction, Deputy Attorney General Todd Blanche claimed on social media that Dugan “betrayed her oath and the people she served.” 

“Today, a federal jury of her peers found her guilty and sent a clear message: the American people respect law and order. Nobody is above the law. This Department will not tolerate obstruction, will enforce federal immigration law, and will hold criminals to account – even those who wear robes,” Blanche wrote.

Before trial, Dugan’s team unsuccessfully argued that, as a judge, she was immune from prosecution. They also asserted that the Trump administration was trying to make an example out of Dugan as part of its unrelenting attack on federal and state courts.

DOJ officials have not shied away from publicly weighing in on Dugan’s case — even before it had begun.

The day of  Dugan’s arrest, Bondi called some judges “deranged” and promised to arrest those who help people who are in the country illegally.

“You cannot obstruct a criminal case. And really, shame on her,” Bondi said of Dugan’s actions.

FBI Director Kash Patel announced Dugan’s arrest in April in a social media post before an affidavit against the judge was released. Patel then deleted the post and reposted it after the affidavit became public — giving the appearance that he was rushed in publicizing Dugan’s arrest.