Rogue judges are not above the law

OPINION:

Judge Hannah Dugan is screwed. Even the liberal Wisconsin Supreme Court issued an order suspending her from performing her judicial duties. The Milwaukee County Circuit Court judge is charged with two federal criminal offenses: one felony and one misdemeanor. The Supreme Court took away the argument that she was some kind of hero unfairly targeted by the Trump administration. Instead, she is a suspended judge facing serious federal charges.

FBI agents arrested Judge Dugan last Friday. She was charged with two federal crimes: concealing a person from discovery and arrest and obstruction of federal government proceedings. Each charge stems from her alleged misdirection of federal agents from detaining Eduardo Flores-Ruiz.

According to court documents, Mr. Flores-Ruiz was set to appear in court on April 18 for a pretrial conference for a case in which he was charged with several counts of battery and domestic abuse. FBI Director Kash Patel said on social media that authorities “believe Judge Dugan intentionally misdirected federal agents away from the subject to be arrested in her courthouse, Eduardo Flores-Ruiz, allowing the subject — an illegal alien — to evade arrest. Thankfully our agents chased down the perp on foot and he’s in custody since, but the Judge’s obstruction created increased danger to the public.”

Liberals went wild but ignored the facts. Law enforcement officers often make arrests in courthouses for two obvious reasons: They can track when the suspect is in court, and most locations have security scanning so officers can take someone into custody without fear of the suspect hiding firearms. It just makes sense.

Liberals also falsely suggest that the Trump administration is “weaponizing law enforcement” for its benefit. Besides the breathtaking list of ridiculous charges against President Trump, the more important point is that they do not dispute the facts laid out in the charges.

Judge Hannah Dugan was not arrested for failing to cooperate with federal agents or going along with their actions. The charges against her are specifically for actions that led to obstruction of justice.

It is important to remember that a sworn magistrate in the federal courts reviewed the information and found probable cause before they brought charges against Judge Dugan. They had to make their case before they made an arrest.

Eduardo Flores-Ruiz was charged with counts of battery, domestic abuse, and infliction of physical pain or injury. A criminal complaint states he intentionally elbowed a woman, which caused her pain and bruising. He was also accused of punching his roommate 30 times with a closed fist. The girlfriend of the roommate tried to stop it, and Mr. Flores-Ruiz struck her with a closed fist and shoved her, according to the criminal complaint. He is also accused of grabbing his roommate by the neck — a real role model.

Federal agents were there to arrest him because Immigration and Customs Enforcement identified him as an illegal immigrant from Mexico, someone U.S. Border Patrol agents removed on Jan. 13, 2013, under the Obama administration. This is key because once someone has received an expedited removal order, the federal government can deport them without a court hearing.

On April 18, federal agents agreed to arrest Mr. Flores-Ruiz in the hallway outside the courtroom after the hearing. According to the FBI, the defense attorney told Judge Dugan that ICE was there to arrest Mr. Flores-Ruiz. The judge ordered him to sit in the jury box and stay there. Then, she went into the hallway to confront the ICE agents and demand that they leave the courthouse. After they presented her with an arrest warrant, she demanded that they see the chief judge.

While the federal officers were waiting to see the chief judge, Judge Dugan returned to her courtroom and adjourned the hearing without talking to the prosecutor or the victims. Then, she took Mr. Flores-Ruiz and his attorney out through the jury door, and they left through a private hallway.

Fortunately for those of us who believe in the rule of law, a federal agent saw Mr. Flores-Ruiz trying to leave the courthouse and followed him. The agent called for backup. After a foot chase, the officers caught him. This put the agents and the general public at risk instead of the orderly process originally planned for taking him into custody outside the courtroom after the hearing.

These are the facts. I have yet to see any liberal apologist for suspended Judge Hannah Dugan dispute them. Instead, they try to use this as a platform to protest the policies of the Trump administration.

Suspended Judge Dugan is a liberal activist. She ran against a well-qualified and respected incumbent because I appointed him. In a very liberal county, she won. Yet even in that county, the law applies to everyone — even a judge.

According to the charges, her actions obstructed justice. They prevented the arrest of a fugitive. She helped him leave the building in a way that would avoid arrest by federal agents. She put those officers and even the general public at risk by forcing them to make the arrest outside after a chase. She dismissed the interests of the victims in her courtroom. These are the facts she must now face in a federal courtroom.

The actions by the Wisconsin Supreme Court, ruled by a liberal majority, to suspend her authority to serve as a judge are just the beginning of her legal troubles. Others should take notice. No one is above the law.

• Scott Walker is president of Young America’s Foundation. He served as the 45th governor of Wisconsin.