WI Judge Charged With Helping Illegal Alien Evade ICE Has A Case Of Judicial Privilege
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Milwaukee County Circuit Judge Hannah Dugan was indicted by a federal grand jury Tuesday on charges of concealing a person from arrest and obstruction of the law. Dugan — who could land up to six years in prison if convicted for allegedly helping Eduardo Flores-Ruiz, an illegal alien charged with three misdemeanor counts of battery, get away from U.S. Immigration and Customs Enforcement — pleaded not guilty during her arraignment in federal court on Thursday.
Dugan's attorneys appear to think that the U.S. Supreme Court has provided her with the means to dodge accountability.
They noted in a Wednesday motion to dismiss the indictment obtained by Axios that "the government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts. Immunity is not a defense to the prosecution to be determined later by a jury or court; it is an absolute bar to the prosecution at the outset."
Here, attorneys cited the Supreme Court's July 1, 2024, ruling in Trump v. United States, where a 6-3 majority determined that the president "may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts."
This is the ruling that prompted apoplexy among Democrats, demands for conservative justices to be impeached, and accusations that the high court was "consumed by a corruption crisis beyond its control."
Dugan's attorneys noted that even if "Judge Dugan took the actions the complaint alleges, these plainly were judicial acts for which she has absolute immunity from criminal prosecution," adding that "judges are empowered to maintain control over their courtrooms specifically and the courthouse generally."
'Unprecedented and entirely unconstitutional.'
The apparent suggestion is that the following actions, which the indictment accuses her of taking, were official acts:
- Confronting members of an ICE task force and "falsely telling them they needed a judicial warrant to effectuate the arrest of E.F.R.";
- Directing all members of the task force to leave the public hallway outside her courtroom and to go to the chief judge's office;
- Addressing the illegal alien's criminal case off the record while ICE agents were waiting in the chief judge's office;
- "Directing E.F.R. and his counsel to exit Courtroom 615 through a non-public jury door"; and
- Advising Flores-Ruiz's lawyer that the illegal alien could appear by Zoom for his next court date.
In Trump v. United States, the high court wrote:
In dividing official from unofficial conduct, courts may not inquire into the President’s motives. Such a "highly intrusive" inquiry would risk exposing even the most obvious instances of official conduct to judicial examination on the mere allegation of improper purpose.
Dugan's attorneys further argued on the basis of this specific assertion by the high court that the Wisconsin judge's "subjective motivations are irrelevant to immunity."
"The government's prosecution of Judge Dugan is virtually unprecedented and entirely unconstitutional," wrote the attorneys. "Judge Dugan reserves her right to seek other relief, including by other motions before and at trial. But the immunity and federalism issues must be resolved swiftly because the government has no basis in law to prosecute her."
When asked about the use of the Supreme Court's ruling in this case, Tom Fitton, president of Judicial Watch, told Blaze News, "I don't think the analogy is appropriate in this case," adding, "the dispute is going to be whether she acted in her capacity as a judge."
"The government's response is going to be, 'What you did has nothing to do with judicial decision-making, the management of your court room. You went out; you interfered with federal law enforcement; you came back in, and ushered people out of the courtroom in a way to obstruct justice that had nothing to do with your so-called management in the courtroom,'" continued Fitton. "'This was a crime that was being committed in a courtroom, not by a judge, but by ... a person acting as a citizen, not as a judge.'"
Fitton suggested further that the Trump DOJ would likely appeal a ruling in Dugan's favor, in part due to the administration's "seriousness about protecting their agents and the public from these illegal alien criminals" and the possible emboldening impact such a ruling might have on other activist judges.
"It doesn't matter what line of work you are in. If you break the law, we will follow the facts, and we will prosecute you," Attorney General Pam Bondi said of the case last month.
Dugan, relieved of her duties as a judge last month by the Supreme Court of Wisconsin, is next expected in court on July 9. Her trial is reportedly set for July 21.
U.S. District Judge Lynn Adelman will preside over Dugan's case. That's likely good news for Dugan, as the Democratic lawmaker turned Clinton appointee has made no secret of his animus toward President Donald Trump and Republicans.
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A Milwaukee County Children's Court judge has been charged with seven counts of possessing child pornography showing the abuse of young boys, the Milwaukee Journal Sentinel reported.
Brett Blomme also recently served as president and CEO of Cream City Foundation, an LBGTQ advocacy group that sponsors Drag Queen Story Hour — a controversial activity that's been in the news in recent years in which drag queens read stories to young children, typically in public libraries.
NY Library Brings Drag Queens to Kids Story Hour www.youtube.com
But some Drag Queen Story Hours have been under fire for things such as photos of children lying on top of a drag queen, a drag queen showing children how to twerk, and a drag queen in a miniskirt with an exposed crotch as children sat close by.
What are the details of the judge's arrest?
Blomme, 38, was arrested Tuesday, spent the night in jail, and made an initial appearance in a Dane County court Wednesday afternoon, the paper said. He was released by 4 p.m., the Journal Sentinel reported, adding that the conditions of his bond are that he cannot use social media or file-sharing services or have unsupervised contact with children except his own.
Each count carries a minimum mandatory sentence of three years and as much as 15 years in prison plus 10 years of supervised release, the paper said.
The criminal complaint says Blomme last fall uploaded as many as 27 images and videos of children being sexually abused using the messaging app Kik, the Journal Sentinel noted. The uploads occurred from a home he and his husband own in Cottage Grove, in Dane County, the paper added.
The couple has two adopted children, the Journal Sentinel said, but court records do not suggest they are part of any of the illegal images. Child Protective Services is involved with their current placement, defense attorney Christopher Van Wagner said during the hearing, according to the paper.
Image source: YouTube screenshot
More from the Journal Sentinel:
The case is being prosecuted by Assistant Attorney General David Maas. He argued for a $2,000 cash bail, that Blomme not be allowed to have a cellphone or any unsupervised computer use (except for with his attorney) and no unsupervised contact with any children, even his own.
But Court Commissioner Brian Asmus noted Blomme's extensive contacts with the area, his lack of any criminal record and his husband's interest in protecting the couple's children in deciding on lesser conditions or release.
A preliminary hearing was set for May 29.
Later Wednesday, the state Supreme Court announced it was suspending Blomme from any judicial duties, without pay, per the high courts "superintending and administrative authority" over all courts in the state.
'DomMasterbb'
The National Center for Missing and Exploited Children told investigators that a user called "DomMasterbb" used the Kik messaging and chat app to send suspected child pornography, the paper said, citing the criminal complaint.
Investigators tied the account to Blomme via his personal and work emails, the Journal Sentinel added, and searches were eventually conducted at his Cottage Grove home, another in Milwaukee, and at the judge's chambers.
The complaint says Blomme also uploaded images at a friend's home in Milwaukee, the paper noted, and the friend confirmed to investigators that Blomme was at his home on days that the friend's internet service showed child pornography uploads by DomMasterBB.
What about the Drag Queen Story Hour connection?
Cream City Foundation's website showcases Drag Queen Story Hour Milwaukee under its "programs" heading. But DQSH Milwaukee Executive Director Jonathan Hamilt told the Washington Examiner that his group "has never been run by" Blomme or Cream City.
Hamilt also told the paper that "neither have ever participated in planning, organizing, hosting, or performing at any of our events" and that Blomme "has never held a title or position within our organization ever."
"Cream City Foundation has only ever been a fiscal sponsor that allows DQSH Milwaukee to give & receive funds as a nonprofit. Asides [sic] from financials, they have had no part in DQSH Milwaukee & DQSH National," he also told the Examiner. "As the leaders of DQSH Milwaukee & DQSH National we absolutely condemn pedophilia. We are angry and outraged by Brett's actions. Pedophilia has no place in the LGBT community and no place in society as a whole."
The paper said Cream City Foundation didn't respond to its request for comment.
Anything else?
Blomme last year was elected to the circuit court and in August began as a judge in Children's Court in Wauwatosa, the Journal Sentinel said.
Milwaukee Mayor Tom Barrett in 2019 went to bat for Blomme to get on the circuit court, saying he'd known Blomme for nearly 20 years, the paper added.
"I have had the opportunity to watch Brett grow into a leader and a strong advocate for Milwaukee, a person of impeccable integrity, and someone who has worked to make Milwaukee a more diverse and equitable place for all," Barrett wrote, according to the Journal Sentinel.
But on Wednesday Barrett called the child porn allegations alarming and Blomme's arrest "a complete surprise," the paper reported.
Blomme was the first openly gay person to run for judge in the county, the paper said, adding that one of his opponents in the 2020 election said Blomme should resign.
"It appears that there have likely been many lives ruined by his actions. I also feel terrible for the children and families that have appeared in his court during the brief time he has been on the bench," Zach Whitney noted to the Journal Sentinel. "Words fail me here, but those children and families obviously deserve better — as do the voters. He needs to immediately resign."
Milwaukee County Judge accused of sharing child pornyoutu.be
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