“Americans are watching with outrage the stunning news that Trump’s FBI has arrested a sitting judge in Milwaukee for alleged obstruction of an immigration arrest,” declared U.S. Rep. Jamie Raskin (D-Md.).
Arresting judges?
“This is a drastic escalation and dangerous new front in Trump’s authoritarian campaign of trying to bully, intimidate, and impeach judges who won’t follow his dictates,” Raskin explained. “We must do whatever we can to defend the independent judiciary in America.”
Oh, my goodness, what is Mr. Trump doing now? was admittedly my first thought. But then I looked at the two cases raised.
The first features Joel Cano, a former magistrate judge in Doña Ana County, New Mexico, and his wife, Nancy, both charged with evidence tampering, as reportedly “jail records show.” Cano resigned back in March, after the Department of Homeland Security raided his home, on information that “an undocumented immigrant from Venezuela whom authorities suspect of being a Tren de Aragua member, and others were staying on the Canos’ property.”
Last Friday, the FBI arrested Milwaukee County Circuit Court Judge Hannah Dugan on obstruction of justice charges, “alleging,” NBC News reported, “that she obstructed federal authorities who were seeking to detain an undocumented immigrant by escorting the man and his defense attorney though a nonpublic jury door.”
That man, Eduardo Flores-Ruiz, in court on a new domestic violence charge, was successfully apprehended by ICE, nonetheless. But what to make of a judge aiding and abetting a criminal’s escape?
Yes, we want an independent judiciary. But independent from politics — not independent from the law.
This is Common Sense. I’m Paul Jacob.
Illustration created with Krea and Firefly
—
See all recent commentary
(simplified and organized)
6 replies on “Today’s Stunning Outrage”
Of course, each of our two great and terrible political tribes confuse cases of judges defying the Administration by defending the law with case of judges defying the Administration by violating the law.
An independent judiciary was supposed to ensure that the law were followed. But what each of our tribes now seeks is not a judiciary independent of the legislature and of the executive, but committed to the programme of that tribe and independent of the opposing tribe; the law is now to be chosen by the judiciary in keeping with that programme.
“Yes, we want an independent judiciary. But independent from politics — not independent from the law.”
EXACTLY.
In the Wisconsin case, gang members showed up with a fake (“administrative”) warrant instead of the required real (judicial) warrant to abduct — not “arrest” — someone for the political purpose of executing Donald Trump’s jihad against the US Constitution. The judge followed the law by denying them the ability to engage in kidnapping, and has since been kidnapped herself.
Required?
During the Obama Administration (2009–2017), U.S. Immigration and Customs Enforcement (ICE) primarily used administrative warrants for arresting and deporting noncitizens who had entered the U.S. illegally or were otherwise removable.
This is known.
Did you complain about this during the Obama Administration, or is this something you reserve only for Trump administrations?
Yes, I opposed Obama’s and Biden’s immigration-related atrocities as well. And I’ve always opposed the extralegal fiction of “administrative” “warrants” for any purpose whatsoever, immigration-related or not. If it’s not important enough to get a real warrant for, it’s not justification for kidnapping anyone, immigrant or not.
Indeed, the administrative warrant, which Paul did not cite, has no more authority than a phone call from one agent to another.
The relevant law here is 18 U.S. Code § 3:
“Accessory after the fact. Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.”
Is there any one in the entire DemoSocialist Party who is not guilty of violating ….
US Code 1324
(A) Any person who …
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such in any place, including any building or any means of transportation; …