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Tipsheet

Did You See the Indicted Wisconsin Judge's Defense?

AP Photo/Devi Shastri

Judge Hannah Dugan, the Milwaukee judge who was arrested last month after she allegedly hid an illegal immigrant in her courthouse, was indicted by a grand jury earlier this week. She's still in the news, though, given the laughable defense she's come up with. In covering Dugan's defense, Bonchie at our sister site aptly pointed out that what her lawyers are arguing "Will Crack You Up."

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As WISN, a local ABC News outlet covered:

A day after a grand jury indicted Milwaukee County Judge Hannah Dugan and her attorney are asking that her federal charges be dismissed, arguing the charges are unconstitutional, citing her judicial immunity and the Tenth Amendment.

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"The problems with this prosecution are legion, but most immediately, the government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts," her attorneys argued in the motion.

Dugan is accused of helping an undocumented immigrant evade federal immigration officials after appearing in her courtroom.

Dugan was not acting in her official capacity, though. Judicial immunity ought not to apply. If it turns out she is guilty, she was almost certainly abusing her power as a judge, and it looks like she's further standing by that with such a legal defense. 

Professor Jonathan Turley shared with Fox News that he doesn't see a use for such a legal theory. 

Just as it was worth doing at the time when Dugan was first arrested, it's worth issuing a key reminder to those who have been clamoring to defend the judge while ranting and raving about the Trump administration. Many of these same people were quick to tell you that nobody is above the law. 

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Turley also put out a blog post about Dugan's indictment, reminding how Democrats fawned over her and her alleged crimes. 

Dugan faces up to six years in prison and a maximum fine of up to $350,000 if she's found guilty. She entered a "not guilty" plea earlier on Thursday. A trial date has been set for July 21. 

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