this post was submitted on 15 May 2025
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A Milwaukee judge who was arrested for allegedly shielding an undocumented immigrant from ICE arrest has argued that she can’t be prosecuted based on the same case that granted President Donald Trump broad immunity for “official” acts. 

The FBI arrested Hannah Dugan last month after she allegedly told agents with Immigration and Customs Enforcement that they needed a warrant to arrest an undocumented immigrant who had appeared in her courtroom on a misdemeanor charge.

The motion argued that the problems with the prosecution were “legion,” including the fact that they allegedly violated the U.S. Constitution’s fundamental principle of federalism. But “most immediately, the government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts,” it said. 

As evidence, the motion cited the 2024 Supreme Court case Trump v. United States in which the court ruled the president had absolute immunity for “official acts.”

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[–] [email protected] 5 points 4 days ago (1 children)

Does she have a legal defense fund?

[–] [email protected] 2 points 4 days ago

She's a judge, I'm sure she can afford it (or knows people who will do it, or could probably just do it herself if needed)

[–] [email protected] 12 points 5 days ago

On one hand, turnabout is always a good time. Maybe it'll clue some folks in to how bullshit that decision was, from the start.

On the other hand, lol, no it fucking won't. They'll just make up some other new bullshit reason that "no, that doesn't actually apply, in this one specific case, where the person we want to prosecute doesn't agree with us".

[–] [email protected] 15 points 5 days ago

So if the agent's actions were illegal then her actions were legal.

[–] [email protected] 14 points 5 days ago

The problem with the prosecution is there is no law being broken. If the person had been in ice custody it would be one thing but as a free person there for something unrelated and not delivered by ice the judge is completely free to allow access to the private area of the court that the judge has authority over.

[–] [email protected] 6 points 5 days ago

Shit yea, they apply immunity for official acts all the way down to the level of street cops who get away with crimes against the public, so why shouldn't it apply to that judge

[–] [email protected] 10 points 5 days ago

I hope it works, but I wouldn't count on it. Hypocrisy has become a valued skill rather than a character flaw in this administration.

[–] [email protected] 61 points 5 days ago (2 children)

Can't wait for SCOTUS to rule that the immunity ruling somehow applies only to Trump.

[–] [email protected] 8 points 5 days ago (1 children)

I was under the impression that that was really the case and didn't apply to anyone else in government.

[–] [email protected] 11 points 5 days ago

I have to read the full text again, and IANAL, but the ruling was former presidents cannot be prosecuted for official acts particularly by their core constitutional powers. It did not rule on unofficial acts.

To me, that means every official act can be weighed against it being in his authority to actually do those things. If he doesn't have that constitutional power, then he doesn't get official act immunity.

What the judge did is power granted to the judicial branch by the constitution. That, again to me, says that there is an immunity clause.

But that all is based on the premise that law matters, and it doesn't given that we've already abandoned due process.

[–] [email protected] 32 points 5 days ago (2 children)

I'm fully banking on it. They'll argue the office of the president is "special" and not beholden to the same rules and regulations that are supposed to bind public servants. And the SC will grant them that.

[–] [email protected] 3 points 5 days ago

I'd almost love it if that ruling screwed over polices qualified immunity for their "official acts."

[–] [email protected] 8 points 5 days ago

Then they will be opening themselves for future prosecution for their acts. I could see them (majority) siding with her just to protect their asses.

[–] [email protected] 193 points 5 days ago* (last edited 5 days ago) (2 children)

As a judge she knew the difference between due process and extrajudicial kidnapping for trafficking to a foreign concentration camp. She was standing up for the rule of law, and the fascists in charge are determined to punish her for it.

[–] [email protected] 9 points 5 days ago

Have to make an example of her to quash further dissent.

[–] [email protected] 37 points 5 days ago (1 children)

I'll show you the line that was crossed.

The Rule of Law is supposed to lift law above politics. The idea is that the law should stand above every powerful person and agency in the land.

Rule by law, in contrast, connotes the instrumental use of law as a tool of political power. It means that the state uses law to control its citizens but tries never to allow law to be used to control the state.

Rule of Law: law is above politics.

YOU ARE HERE

Rule by Law: control the individual.

Right there!

[–] [email protected] 3 points 5 days ago

Let me show you the predicate that failed.

Rule by law, in contrast, connotes the instrumental use of law as a tool of political power. It means that the state uses law to control its citizens but tries never to allow law to be used to control the state.

As a completely unfounded opinion on the role of ethics, this blatantly beggars the question.

[–] [email protected] 54 points 5 days ago (1 children)

Why is the ground so slippery lately?

[–] [email protected] 43 points 5 days ago (1 children)
[–] [email protected] 2 points 5 days ago (1 children)
[–] [email protected] 4 points 4 days ago

And the e coli all over everything.