MILWAUKEE (CN) - As protesters rallied outside to support her, Milwaukee Circuit Court Judge Hannah Dugan pleaded not guilty on Thursday to federal charges stemming from an encounter with ICE in the county courthouse last month.

Dugan, 66, was arrested by FBI agents in April on charges of obstruction and concealing an individual set for deportation, both felonies. The FBI claims Dugan helped an undocumented man, Eduardo Florez-Ruiz, evade U.S. Immigration and Customs Enforcement agents waiting outside her courtroom by leading him out a private side door.  

Florez-Ruiz was chased down and detained as he attempted to leave the courthouse, marking at least the third arrest by ICE agents in the Milwaukee County Courthouse in recent months.

On Thursday, Dugan pleaded not guilty to both counts of the grand jury indictment entered on Tuesday. The grand jury found that she had intentionally concealed Flores-Ruiz from federal agents despite a warrant and further obstructed a federal operation. She is represented by a team of attorneys that includes Steven Biskupic, who previously served as the U.S. attorney for Wisconsin's Eastern District.

The parties jointly moved to seal discovery materials, meaning much of what they will exchange in preparation for trial will not become public unless they are entered into the public record until then.

Dugan smiled at reporters after the hearing as she and her lawyers were escorted by U.S. Marshals out of the building through a side door and into a white SUV.

The case has drawn national attention as the power struggle between the judiciary and the Trump administration heats up. President Donald Trump has ignored court orders, sought to oust judges who rule against his immigration policies and pushed the boundaries of his executive powers in recent months.

FBI Director Kash Patel bragged about the judge's arrest on X, formerly Twitter, claiming Dugan increased danger to the public by allowing Flores-Ruiz to evade arrest. Patel also claimed that agents "chased down the perp on foot," referring to the 20-minute foot chase that ensued as Flores-Ruiz was leaving the courthouse.

Her status as a judge is the basis for her motion to dismiss, filed on Wednesday with the court. In it, Biskupic argues Dugan is protected by judicial immunity from both conviction and prosecution. Her actions were within her duty as a judge to maintain control of her courtroom, her defense team argues.

"The government's prosecution of Judge Dugan is virtually unprecedented and entirely unconstitutional - it violates the Tenth Amendment and fundamental principles of federalism and comity reflected in that amendment and in the very structure of the United States Constitution," Biskupic wrote in the motion.

Flores-Ruiz appeared in Dugan's courtroom on April 18 for a pre-trial conference related to multiple counts of battery and domestic abuse. He was sitting in the gallery when ICE agents arrived, according to the affidavit of FBI agent Lindsay Schloemer in support of Dugan's arrest.

The agent's affidavit goes on to lay out a series of events between the agents' arrival in plain clothes to the courtroom and the foot chase that ended in Flores-Ruiz's arrest.

The FBI claims Dugan ordered the agents to speak to Chief Judge Carl Ashley on a different floor and quietly handled matters related to Flores-Ruiz' criminal case off the record before ushering him and his attorney out of the courtroom through a side "jury-door" and down a private staircase

Schloemer asserts that several witnesses watched this unfold, all of whom likely testified before the secretive grand jury proceedings that took place on Tuesday. In the motion to dismiss, Biskupic counters that Dugan was within her powers to direct people's movement in and around the courtroom and to advise a party he could appear remotely for his next hearing.

Typically, judges are given the opportunity to turn themselves over to authorities in cases like this. Dugan, however, was arrested outside the courthouse and brought to the federal building in shackles, according to U.S. Marshals Service spokesperson Brady McCarron.

At least 500 protesters gathered on the steps of the federal courthouse, quickly spilling onto the Wisconsin Avenue before Thursday's hearing. Representatives and activists denounced the charges against Dugan and implored the crowd to continue showing up for democracy.

Marge Fornear held a tall pole with an American flag hung upside down to represent all that she believes is wrong with the country today. She said she fears what is next, after they have come for the judges.

"It's scary and it's just absolutely wrong what is happening," Fornear said.

Local leaders have been sounding the alarm on the issue of access to critical government offices if ICE is allowed to continue making arrests in public service buildings. The Milwaukee County Board of Supervisors have called on the chief judge and the county executive to take steps to prevent this kind of enforcement going forward.

"Community members feeling safe to utilize the courthouse as intended is our top priority, whether that's attending a hearing, seeking resources or supporting a loved one," said County Supervisor Caroline Gomez-Tom in a statement after Dugan's arrest.

Biskupic alerted presiding U.S. Magistrate Judge Stephen Dries that he will be requesting a special questionnaire for jury selection, suggesting that the highly politicized nature of this case could impact the process.

Dugan will stand for trial on July 21 if her motion to dismiss is denied. If convicted, she could face one year in prison and a $1,000 fine for concealing Flores-Ruiz, and five years in prison and a $250,000 fine for obstructing federal agents. She declined to answer whether she would do it all again.

Source: Courthouse News Service