Milwaukee Judge Dugan will have to stand trial for her alleged criminal act. Judges don’t have absolute immunity, and can’t commit crimes.
U.S. District Judge Lynn Adelman rejected Judge Hannah C. Dugan of the Milwaukee County Circuit Court’s motion to dismiss the case against her. She allegedly helped an illegal alien evade ICE, an event, unfortunately for her, which was captured on video and there are two witnesses.
Dugan claimed she has judicial immunity. She wanted to be protected from criminal prosecution because she was a judge.
“Ultimately, as the Supreme Court has stated, ‘the official seeking absolute immunity bears the burden of showing that such immunity is justified for the function in question,’” explained Adelman. “Defendant has not done so here.”
How could she show that? It was never going to fly. The judge said her actions didn’t fall under judicial acts.
Her attorneys said she enjoys absolute immunity for the official acts alleged in the indictment, but Judge Adelman ruled they weren’t judicial acts. Also, she only has immunity from civil liability.
The attorneys also claimed it violates the Tenth Amendments and separation of powers.
The judge shot down the Tenth Amendment claim because it “required the assessment of disputed facts and characterization of the events underlying the indictment, which could not be done on a motion to dismiss.”
As for separation of powers, Dugan did not identify any “ambiguity in the charging statutes.”
Judge Adelman also stated that she went well beyond her judicial role [she allegedly committed a crime].
Judges aren’t immune when they commit criminal acts.
Dugan is charged and indicted with concealing a person from arrest, and obstructing removal proceedings of the Department of Homeland Security.
Read more at Legal Insurrection for the legal findings.
As Democrats said repeatedly: No one is above the law!
The judge is a perfect example of the ‘elitist mentality” that as infected so many. As Solomon said, “Nothing new under the sun!” His father David got a dose of elitism in the Bathsheba incident, and God called him to account.
What colossal gal, to claim immunity from criminal acts.
There are videos in addition to the witnesses. Plus there are other things, such as, the hearing for the illegal was not held.
She’s another judge that wants to make decisions for the executive branch.
“gall”