
Did she obstruct justice or not?
The media have been eerily quiet about the arrest of Judge Hannah Dugan, the judge who ushered a defendant out the back door of the courtroom while ICE agents were waiting to arrest him at the front door. The government then arrested Dugan for obstructing justice.
That arrest seems, at first glance, perfectly logical. Dugan did, indeed, prevent ICE from arresting the defendant. Case closed?
However, several disturbing questions are not being answered — let alone asked — by the media:
1. Even from the rear exit, the defendant had to enter the public main hallway or take the elevator or go out the main door of the building. He had no chance to escape, and she knew it. The ICE agents quickly caught him, so the ‘obstruction’ of going out another exit from the courtroom lasted only a matter of seconds. Not much of an obstruction, I’d say. Can you really label this an ‘obstruction’ at all? A felony?
2. Why was Dugan arguing with the ICE agents visibly standing by the front door (still outside the courtroom and therefore still legally in a public space)? I think this is an important question. Here are two scenarios:
A) Was Dugan upset that the agents were intentionally intimidating the judge, the defendant, and everyone else in the courtroom? She would be justified to be angry with this outrageous but perhaps legal display of intimidation, but not justified in obstructing them.
B) Was Dugan claiming that the agents were there illegally? Apparently they showed a warrant to arrest the defendant (for a crime unrelated to the crime for which he was on trial). However, that warrant was issued by ICE itself, not by a judge. This appears to me to be illegal. Let me elaborate:
It is absurd for any body — police, ICE, you or me — to issue its own warrant. They must first go to a judge to show probable reason to arrest. Or perhaps they could claim that some misdemeanor, like a speeding ticket, doesn’t require a warrant. But issuing their own fake warrant is acting in bad faith. In fact, issuing the fake warrant would be a crime in itself. If Dugan saw the fake warrant, she would be legally justified in trying to avoid a false arrest.
If the police broke into your home with a fake and illegal warrant for your father’s arrest, you would be within your rights to resist that crime by ushering your father out the back door. It sounds to that something like this may have happened in Judge Dugan’s courtroom.
3. What happened after Dugan’s arrest? Was she arraigned and charged before a judge? The media say that she was ‘released’, but they don’t make it clear whether she was set free of charges, or whether she was released on bail, to face charges later. The media are not mentioning her current status: free or charged?
Now the whole event seems to be out of the news cycle and forgotten. Here are my conclusions:
The ICE behavior was simply staged theatre. They didn’t need to stand visibly and intimidatingly in the door of the courtroom. Highly improper, but legal. However, they showed only an ICE warrant, not a real one, so Dugan was correct to claim they had no right to be there.
Judge Dugan delayed the arrest of the defendant by a few seconds. Her arrest for ‘obstruction’ and (perhaps illegal) perp walk sound like more theatre. Vintage Trump — stage an event for the cameras to show that you are serious about arresting immigrants and clamping down on ‘woke’ judges.
Trump and Cash Patel and Pam Bondi have made their point to their MAGA cultists, and the case may well disappear, especially if Dugan can show that ICE agents were in her courtroom illegally.