Are We Great Yet?
Thoughts on the federal arrest of a judge in my hometown
Some context
I am not a journalist nor a lawyer. I’m not a politician and I definitely did not watch C-SPAN growing up. What I am though, is a concerned mom who, until a few years ago, probably only voted in big(ger) elections and scanned the headlines. If you’re a subscriber here, then you know I’m a bit deeper in now.
Because of the advocacy work I do and the community I lead, I have my pulse on a fairly large portion of the news cycle, for better or for worse. Being informed is a good and critical thing and one I preach daily, but swimming in it has its drawbacks.
For one, mental health. Have you see the news lately? For two, I think there is a certain level of desensitization that can happen sometimes when you’re reading terrible thing after terrible thing every single day. The bar for how fucked up something is has been raised so high that I often feel paralyzed deciding which things I want to focus on and direct your attention to. On the bright side though, it gives me a pretty good barometer for gauging serious concern.
All this to say, I am constantly disappointed and worried these days, but almost never shocked.
When I looked at my phone on Friday morning after dropping my kids off at school, I saw the news alert that Milwaukee Circuit Judge Hannah Dugan had been arrested by FBI agents. I literally gasped and and felt my stomach sink. My body physically telling me that it needed to get off this rollercoaster is not a typical reaction for me, and I know real politicos will roll their eyes at this, but I think our gut reaction, intuition, whatever you want to call it, is a pretty solid tool in news consumption.
I had been keeping an eye on this story for a few days prior to the arrest because I find it important to stay in the loop on what right-wing media personalities here in Wisconsin are talking about, and I watched as one in particular was like a dog with a bone over this alleged situation at the courthouse with an undocumented immigrant.
In the days since, I’ve read many different news articles, hot takes, statements from Democrats and X feeds from right-wing pundits (you’re welcome), and I can’t seem to shake the pit in my stomach. It turns out my visceral reaction was on to something. This is of such grave concern, it’s almost as if we have just crossed over a new threshold. Looking back, we will talk about the time before federal authorities were arresting sitting judges, and after.
Here’s what happened
On April 18, an undocumented Mexican immigrant appeared at the Milwaukee County Courthouse for a pretrial conference in Judge Hannah Dugan’s courtroom. He was facing three misdemeanor battery counts, and arrived with his lawyer.
A 6-member task force arrived at the courthouse looking for this man, including one ICE, one CBP, 2 FBI and 2 DEA agents. They showed a warrant to security upon entry to the building. They proceeded to head towards Judge Dugan’s courtroom and then this is where the details get murky and different accounts contradict each other. I will leave the speculation up to the aforementioned lawyers and journalists.
But basically (and again, allegedly), the man and his lawyer exited the courtroom through a side door (from what I have gathered, this part does seem to break “normal” protocol) but directly into a public hallway, where multiple agents were present. They rode the elevator down together and then the man tried to get away. He was arrested.
At 8:30 on Friday morning, Judge Hannah Dugan was arrested by FBI agents at the Milwaukee Courthouse and charged with multiple felonies including obstruction and concealing an individual.
FBI Director Kash Patel tweeted about it shortly after, which he then deleted, and replaced with this one:
Dugan issued a statement through an attorney Friday afternoon saying she “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,” according to the statement.
What’s important to note
Like I mentioned earlier, the details of the case are still being collected and will need sorted out through the legal process. I found this thread from Ann Jacobs, both a lawyer and chair of the nonpartisan Wisconsin Elections Commission, to be a helpful breakdown of what happened according to the filed complaint.
What happens next will come down to whether or not probable cause can be proven among a myriad of other legal technicalities. Did she technically interfere, according to the law? I have no idea. But what I do know is that this is an outsized and unprecedented political operation against a sitting judge and upstanding citizen even if what they are saying happened did in fact happen. Have you met a judge? The ones I know are people who have probably never even received a parking ticket.
And that’s not to say that I feel laws are irrelevant. I believe strongly in the rule of law as do most people I know. But the legal system is incredibly complicated and like I said earlier, many outcomes can come down to technicalities (and the quality of lawyer one can afford).
Wealthy people have been weaponizing the judicial system for decades now to manipulate the system (often “legally”, but through loopholes and again—technicalities) to get what they want. Because they can. But to see it now used in this way against a sitting judge, presumably to send a message of intimidation to the country, is chilling.
Furthermore, we need to remember that everyone in this country has rights and is entitled to due process, including undocumented immigrants. If we allow our courts to turn into threats of danger, capture, and retaliation rather than beacons of justice, we are in for a very dark road ahead.
When you hear people say that Trump and his administration will stop at nothing and no one to get what they want, know this: if you ever doubted the sincerity of that warning, it's time to get real. This isn't speculation — it's the exact message they intended to send on Friday.
What people are saying
Wisconsin Governor Tony Evers:
“In this country, people who are suspected of criminal wrongdoing are innocent until their guilt is proven beyond reasonable doubt and they are found guilty by a jury of their peers—this is the fundamental demand of justice in America.
Unfortunately, we have seen in recent months the president and the Trump Administration repeatedly use dangerous rhetoric to attack and attempt to undermine our judiciary at every level, including flat-out disobeying the highest court in the land and threatening to impeach and remove judges who do not rule in their favor.
I have deep respect for the rule of law, our nation’s judiciary, the importance of judges making decisions impartially without fear or favor, and the efforts of law enforcement to hold people accountable if they commit a crime. I will continue to put my faith in our justice system as this situation plays out in the court of law.”
U.S. Senator Tammy Baldwin (D-WI):
“In the United States, we have a system of checks and balances and separations of power for damn good reasons. The President’s administration arresting a sitting judge is a gravely serious and drastic move, and it threatens to breach those very separations of power. Make no mistake, we do not have kings in this country and we are a Democracy governed by laws that everyone must abide by. By relentlessly attacking the judicial system, flouting court orders, and arresting a sitting judge, this President is putting those basic Democratic values that Wisconsinites hold dear on the line. While details of this exact case remain minimal, this action fits into the deeply concerning pattern of this President's lawless behavior and undermining courts and Congress's checks on his power.”
Milwaukee County Executive David Crowley:
“Like all United States citizens, Judge Hannah Dugan is entitled to her constitutional right to due process. However, it is clear that the FBI is politicizing this situation to make an example of her and others across the country who oppose their attack on the judicial system and our nation’s immigration laws.
FBI Director Kash Patel issued a public statement on X, which he hurriedly deleted, making unsubstantiated claims about Judge Dugan’s case before charges were officially filed and she could have her moment in court. Director Patel’s statement shows that Trump’s FBI is more concerned about weaponizing federal law enforcement, punishing people without due process, and intimidating anyone who opposes those policies, than they are with seeking justice.
I am extremely concerned about the Trump administration’s continued intention to instill fear and hostility across our community. My office will continue to seek legal clarity as this alarming situation evolves.”
Veteran Conservative Commentator Charlie Sykes:
“Arresting a judge is a major escalation...”
Historian Heather Cox Richardson (just read the whole thing):
And one last thing, getting back to those right-wing accounts I keep an eye on. A big narrative playing out is that Tony Evers had just issued a memo ordering state employees not to comply with ICE. That is not what it said.
I’ve included it below, but the TL;DR is that the memo directs people to stay calm, verify identity, ask for a warrant, not provide information they aren’t entitled to and/or without a lawyer present. This is all very sound protocol and pretty normal legal advice (one last time, not a lawyer).
Update 4/28/25 at 11:00am: Adding a link to this opinion piece that appeared in the Milwaukee Journal Sentinel today as I found it extremely helpful in providing even more nuanced context. It is written by a criminal defense attorney and former federal prosecutor and basically answers the question, “How is this situation different?”
Stay safe out there.
Kate