JONATHAN TURLEY: Out-of-control judges, not FBI, appear to have crossed 'red line'
"This is not normal."
Those words from Sen. Amy Klobuchar, D-Minn., are undeniably true after the arrest of Wisconsin Judge Hannah Dugan. However, the reason it is not normal is far more debatable. Dugan is accused of becoming a lawbreaker in seeking to obstruct an effort to arrest a man wanted by federal authorities. If true, that is manifestly not "normal."
As soon as the news of the arrest was reported, Democrats declared another constitutional crisis. Klobuchar added that the arrest "is a drastic move threatening the rule of law" and a "grave step and undermines our system of checks and balances."
That is a curious claim unless Klobuchar believes that the officers are lying. If not, Klobuchar is suggesting that a judge should not be held accountable for actively shielding a wanted person and facilitating their evasion of law enforcement.
Sen. Tina Smith, D-Minn., also condemned Dugan’s arrest, stating, "If [FBI Director] Kash Patel and Donald Trump don’t like a judge, they think they can arrest them. This is stunning — we must stand up to this blatant power grab. Republicans: How is this not a red line for you?"
Yet, what is the "red line" for judges if the allegations are true? This judge is accused of conduct that has resulted in charges for other citizens. The judicial robe is not some form of invisibility cloak that allows judges to engage in alleged criminal acts.
The Wisconsin media is reporting:
Sources have told the Journal Sentinel that ICE officials arrived in Dugan’s courtroom on the morning of April 18. When they went to the chief judge’s office, Dugan directed the defendant and his attorney to a side door in the courtroom, directed them down a private hallway and into the public area on the 6th floor.
If true, that would be an active effort to help the suspect elude police who were carrying out a lawful function.
According to the criminal complaint, Ruiz allegedly attacked three individuals after an altercation with his roommate about playing loud music. Flores-Ruiz allegedly struck his roommate approximately 30 times with a closed fist and then attacked his girlfriend and a third person. Some of the injuries required hospital treatment.
The evasion of police at the courthouse required officers to chase down Ruiz, which could have resulted in a more serious confrontation on the street.
This is not the first time that a judge has been accused of participating in or directing such obstruction.
I previously wrote about the case of Massachusetts judge Shelley M. Richmond Joseph who was charged with allegedly helping an illegal immigrant evade ICE agents in April 2018. Joseph and court officer Wesley MacGregor were charged with conspiracy to obstruct justice, obstruction of justice, aiding and abetting and obstruction of a federal proceeding.
I was critical of the handling of the case. While Joseph was suspended for three years, charges were dropped in 2022 during the Biden Administration.
The Dugan case occurred at the same time that a New Mexico judge was arrested for harboring an unlawful immigrant and an alleged TdA gang member.
Doña Ana County Magistrate Judge Joel Cano and his wife were arrested on Thursday. Notably, Cano reportedly admitted to officers that he smashed the phone of Cristhian Ortega-Lopez after the 23-year-old was arrested in a raid at the judge’s home.
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As I said on Fox News Channel last night, I am perplexed by Democrats rushing to denounce the arrest of Dugan before we know whether these allegations are supported. If she escorted the suspect to a non-public door to facilitate his escape, that conduct is a shocking abandonment of judicial ethics. She can certainly use her authority to address matters properly before her in the form of judicial orders, but actively assisting in an escape is well beyond the pale.
I have often criticized the reckless rhetoric directed against judges, including those who have ruled against the Trump administration. We need to maintain our civility and respect as we work through these often difficult questions.
However, that works both ways. Judges have to reinforce respect for the judiciary in their own conduct. That includes showing restraint and respect in relation to the countervailing powers of the Executive Branch. It certainly includes avoiding actions that could be viewed as unethical or even criminal in resisting this administration.
That is also a "red line."