Trump's arrest of Judge Dugan, one week later, isn't aging well

A week ago today, FBI agents arrested Judge Hannah Dugan—a deeply Catholic judge known for her commitment to the poor and to careful adherence to the law—on courthouse grounds on outrageous charges. Immediately, Trump officials like Kash Patel and Pam Bondi began to celebrate.

This is not going well for them. In fact, it’s going to age like milk on a Miami sidewalk.

Let’s review what happened.

The arrest of Judge Dugan stemmed from a Keystone Kops-esque episode that took place a week earlier, when immigration enforcement attempted to arrest an individual in Dugan’s courtroom.

Judge Dugan sent the enforcers out, telling them to talk to the chief judge. Then she sent the individual out via the “jury door.” The FBI now wants to prosecute her for supposedly obstructing a U.S. agency and concealing an individual to prevent an arrest.

But there’s a problem.

The government’s case hinges (among other problems) on the idea that the choice of the jury door showed an attempt to evade authorities. But as the FBI complaint details (as Ann Jacobs points out), the door led to *where the agents were waiting.*

Attorneys Jeff Mandell and Norm Eisen further summarize the case in a great Journal Sentinel op-ed:

That’s the government’s case. You’d think the higher-ups would be nervous about staking their reputations on such hole-ridden foundations, but no: immediately after the arrest, FBI director Kash Patel celebrated the arrest—in a deleted and later reposted tweet.

Shortly thereafter, Attorney General Pam Bondi appeared on Fox News bragging about the case.

Both of those actions represent a problem for the administration—because federal Department of Justice policies prohibit officials from making public statements that could affect the outcome of a criminal proceeding, as Norm Eisen and Lisa Gilbert point out.

This wasn’t about law enforcement. The arrest of Judge Dugan was a stunt calculated to intimidate judges.

Condemnation and public protests erupted immediately.

Here’s how Governor Evers responded:

And here is Senator Baldwin:

It’s also worth reading and amplifying the great statements from Rep. Gwen Moore…

Rep. Mark Pocan…

Milwaukee County Executive David Crowley…

And Milwaukee Mayor Cavalier Johnson.

Judge Dugan's attorney said: "Hannah C. Dugan has committed herself to the rule of law and the principles of due process for her entire career as a lawyer and a judge. Judge Dugan will defend herself vigorously, and looks forward to being exonerated."

Grassroots groups immediately mobilized protests in Milwaukee—two on the day of the arrest, and another on Saturday. A slew of organizations signed on to a letter opposing Judge Dugan’s arrest.

The State Democracy Defenders Fund and Public Citizen led a sign-on letter calling for a formal investigation into Patel’s and Bondi’s public statements about Judge Dugan’s arrest to determine if they violate DOJ policies.

And an all-star defense team signed up to represent Judge Dugan, including the “LeBron James of Lawyers”—former United States Solicitor General Paul Clement.

Judge Dugan was released on her own recognizance the same day, and will be back in court on May 15. As the case unfolds, the state Supreme Court has paused her service on the bench. Meanwhile, furious opposition is spreading through the country.

When Judge Dugan wins, it will be one more legal blow to an administration that keeps acting as though our laws don’t apply to them—and then finding out, via losses in court, that their power does indeed have limits.

This is a frightening time. The destruction created by this administration is real. But amidst the blizzard of constant catastrophe, it’s worth reflecting that we—those who believe in freedom, justice, democracy, and the rule of law—are, in fact, winning key fights on a near-daily basis.

We won the Wisconsin Supreme Court race this spring. And Trump has lost in court on at least 131 different fronts. Many of his key initiatives are paused. And many more, including the attack on Judge Dugan, have highly dim legal prospects.

Part of Trump’s strategy is to move so fast that people forget that his last outrage wound up fizzling out. Don’t let his speed make you lose track. We’re fighting back. We are strong. And in the short, medium, and long term, we will win.

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