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FBI arrests judge accused of helping man evade immigration authorities

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Re: FBI arrests judge accused of helping man evade immigration authorities

#12
Democratic states really need to start disallowing federal agents to operate within their borders and band together.

Activate their respective national guards and make it happen.

Yes, that means defying federal law. Yes that means exactly the consequences you want to draw from those actions.

There is no other option at this point. The law is dead in the U.S.

Re: FBI arrests judge accused of helping man evade immigration authorities

#13
> Patel announced the arrest of Milwaukee County Circuit Judge Hannah Dugan in a post on the social media platform X, which he deleted moments after posting. The post accused Dugan of “intentionally misdirecting” federal agents who arrived at the courthouse to detain an immigrant who was set to appear before her in an unrelated proceeding.

Federal agents have been using this to charge people for nearly a century [1]. Personally I find the law itself repellent, and more often than not it is used to manufacture crimes out of thin air. But if the article is accurate, then nothing has changed - the law is simply being applied evenly, and judges are not above the law.

[1] https://en.wikipedia.org/wiki/Making_false_statements

Re: FBI arrests judge accused of helping man evade immigration authorities

#14

This seems lite on facts. Even if I wanted to arrest a sitting judge, it would have to be an act of gross malfeasance to motivate me to even consider arrest. The only thing I can think of… Is, if the judge swore under oath, affidavit, or something like that, that she did not do something when in fact that she did. But even then… If Patel does not come back with some thing on that level or better, then this was a horr…

[flagged]

Re: FBI arrests judge accused of helping man evade immigration authorities

#15

This seems lite on facts. Even if I wanted to arrest a sitting judge, it would have to be an act of gross malfeasance to motivate me to even consider arrest. The only thing I can think of… Is, if the judge swore under oath, affidavit, or something like that, that she did not do something when in fact that she did. But even then… If Patel does not come back with some thing on that level or better, then this was a horr…

> Even if I wanted to arrest a sitting judge, it would have to be an act of gross malfeasance to motivate me to even consider arrest.

This logic projects rationality onto an administration that does not merit such assumptions.

Re: FBI arrests judge accused of helping man evade immigration authorities

#16
> He accused Dugan of “intentionally misdirecting” federal agents who arrived at the courthouse to detain an immigrant who was set to appear before her in an unrelated proceeding.

It sounds like the arrest isn't because of any official act of the judge, but rather over them either not telling the ICE agents where the person was or giving them the wrong information about their location.

There are some pretty broad laws about "you can't lie to the feds", but I think the unusual thing here is that they're using them against a reasonably politically-connected person who's not their main target. (They're normally akin to the "we got Al Capone for tax evasion" situation -- someone they were going after, where they couldn't prove the main crime, but they could prove that they lied about other details.)

EDIT: since I wrote that 15 minutes ago, the article has been updated with more details about what the judge did:

> ICE agents arrived in the judge’s courtroom last Friday during a pre-trial hearing for Eduardo Flores Ruiz, a 30-year-old Mexican national who is facing misdemeanor battery charges in Wisconsin.

> Dugan asked the agents to leave and speak to the circuit court’s chief judge, the Journal Sentinel reported. By the time they returned, Flores Ruiz had left.

I.e. the ICE agents showed up in the middle of a court proceeding, and the judge said they'd need to get permission from the chief judge before they could interrupt proceedings. The judge then didn't stop the defendant from leaving once the proceeding was done.

EDIT 2: the Milwaukee Journal-Sentinel article says:

> Sources say Dugan didn't hide the defendant and his attorney in a jury deliberation room, as other media have said. Rather, sources said, when ICE officials left to talk with the chief judge on the same floor, Dugan took the pair to a side door in the courtroom, directed them down a private hallway and into the public area on the 6th floor.

Which is an escalation above the former "didn't stop them", admittedly, but I'm not sure how it gets to "misdirection".

Re: FBI arrests judge accused of helping man evade immigration authorities

#17
AFAICT, the summary:

Judge (or the courthouse in some regard) assured immigrants-of-interest^ would not be detained in courthouse, to speed up legal proceedings and to try to ensure equitable justice was being served.

An immigrant was identified by ICE and the judge directed ICE somewhere and when the immigrant was not apprehended (maybe appeared in court for his 3 BATTERY misdemeanors), the FBI was called in to arrest the judge at the courthouse for obstruction. Immigrant of interest was apprehended.

That sound about right? Bueller? Bueller?

^ The immigrants of interest are of varied legal status, so I'll just say "of interest".

Re: FBI arrests judge accused of helping man evade immigration authorities

#19
This will be interesting for the 5th amendment. They cannot arrest you for putting "drug dealer" on your tax forms as your job since you are compelled to answer that question honestly. The defendant was compelled to appear in court which means he couldn't protect his own privacy by being elsewhere - are these the same thing?

I don't know how courts will see it, but it is an interesting legal question that I hope some lawyers run with.

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