It Looks Like Judge Dugan’s Case is Really Going to Trial

Just over a week ago there were fresh reports that the case against Judge Hannah Dugan was not shaping up well for her defense. In case you missed this post, it turns out the other judge whom Judge Dugan dragged into the hallway with her wasn’t too comfortable with the way Dugan was throwing her authority around outside her courtroom.

Prosecutors say Dugan’s clerk warned her about the agents outside the courtroom. Minutes later, Dugan reportedly told another judge to “come with me” to “check for a warrant,” instructing the other judge to “keep her robe on.”

Surveillance footage from the courthouse hallway shows Dugan confronting federal agents, with the other judge standing next to her.

According to the documents, prosecutors say the other judge was “uncomfortable with Judge Dugan’s behavior and tone,” which witnesses described as “heated,” “visually upset,” “yelling,” and a “mix of anger and irritation.”

Dugan’s whole defense so far has been that she, as a judge, had a right to control her courtroom. But the incident didn’t just happen in the courtroom, it happened in the hall outside which is traditionally not a place where judge’s are the sole authority.

When I wrote that story last week, I wondered aloud if the case would actually go to trial:

There don’t seem to be any more procedural hurdles at this point, but Judge Dugan could decide it’s time to make a plea deal to avoid the worst possible consequences. The case against her appears pretty strong and she could get actual jail time if convicted. I don’t think that’s likely but probation, fines and an ongoing suspension of her duties as a judge. Those all seem like real possibilities. Wouldn’t she rather just make a formal apology, pay a token fine and go back to work?

I was just speculating about what seemed most likely to happen. But yesterday we learned that the new interim U.S. attorney has in fact offered Judge Dugan a deal and he says she has so far refused to take it.

Newly appointed interim U.S. Attorney Brad Schimel says federal prosecutors have offered a plea deal to Milwaukee County Judge Hannah Dugan ahead of her December trial, a deal she has not accepted…

“Her lawyers have made clear that she maintains her innocence,” Schimel said in an interview with WISN 12 Wednesday that will air Sunday on “UPFRONT.” “But it’s irresponsible if the prosecutors and defense don’t talk if there’s a possibility for some resolution short of trial.”

Schimel wouldn’t describe the nature of the offer at all, only that it existed. But he did say, in response to a question, that the office of the Attorney General would definitely be expected to have a say in approving any deal made in a case like this.

So, much to my surprise, it sounds like Judge Dugan is really going to trial next month convinced that she will win on the merits. Is that true or is she just counting on having the home court advantage, i.e. some juror won’t want to convict a local judge who was defending an illegal immigrant against the Trump administration. A little jury nullification could make someone into a resistance hero.

I guess that’s still a real possibility but it seems like a pretty big risk for a judge to take. Because it looks to me like Judge Dugan could be cooked if she doesn’t get that one anti-Trump juror.

Here’s the interview with interim U.S. Attorney Brad Schimel. Judge Dugan’s case is set to begin on Dec. 15, with jury selection taking place the week prior to that.

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