Smart, progressive women pose a serious threat to MAGA supremacy. Just ask Elon Musk, who wasted millions of dollars in Wisconsin trying to win a seat on the state Supreme Court for MAGA candidate Brad Schimel, only to watch Susan Crawford clean Schimel’s clock.
From his first presidential campaign against Hillary Clinton in 2016, “Lock her up!” has been Donald Trump’s battle cry. Restoring the greatness of a white, male-dominated America apparently requires menacing displays of dominance over women in positions of authority. Who can forget Trump acting like a stalker, invading Clinton’s personal space and looming behind her during a 2016 debate?
On Friday, a few weeks after MAGA lost its bid to disempower the progressive female majority on the Wisconsin Supreme Court, the Trump administration sent federal agents to arrest Hannah Dugan at the Milwaukee County Courthouse. Trump’s attorney general and the man he chose to lead the FBI gleefully posted pictures of Dugan’s “perp walk” in handcuffs, crowing about this unprecedented assault on the dignity and authority of a judge and the sovereignty of local courts.
On Tuesday, the Wisconsin Supreme Court suspended Dugan. “In order to uphold the public’s confidence in the courts of this state during the pendency of the criminal proceeding against Judge Dugan, we conclude, on our own motion, that it is in the public interest that she be temporarily relieved of her official duties,” the state’s highest court said in a two-page letter ordering Judge Dugan “temporarily prohibited from exercising the powers of a circuit court judge.”
It’s a perplexing decision. It didn’t arise from any complaint; the Court acted on its own. And Dugan had already been relieved of her duties while she focuses on her defense by the chief judge in Milwaukee, who assigned her calendar to other judges to cover.
Worse, the suspension gives the impression that the federal charges against Dugan are indeed serious. But that impression is not supported by the only evidence the government has produced.
The justification for Dugan’s arrest, laid out in a federal criminal complaint, is that she impeded federal law enforcement agents when she objected to ICE disrupting her court’s proceedings and ushered the man they came to arrest out a side door. The defendant, Eduardo Flores-Ruiz, who was appearing before Dugan on a misdemeanor battery charge unrelated to his immigration status, exited into the public hallway where the agents were waiting for him. Then they followed him outside and made their arrest — unimpeded.
Fox News claimed Dugan concealed Flores-Ruiz in a jury room. But that assertion is contradicted by the sworn testimony in the government’s own criminal complaint.
The complaint features breathlessly sexist descriptions of Dugan appearing “visibly angry” and “walking quickly,” as if that were evidence of wrongdoing. But any actual wrongdoing is hard to pinpoint.
“Whatever you think of the actual conduct the complaint alleges,” says Dean Strang, a law professor at Loyola University Chicago School of Law and a long-time Wisconsin criminal defense lawyer, “there is a real question about whether there’s even arguably any federal crime here.”
The government’s behavior, meanwhile, is “extraordinarily atypical,” for a nonviolent, nondrug charge involving someone who is not a flight risk, says Strang.
The handcuffs, the public arrest at Dugan’s workplace, the media circus — none of it was normal, or justified. Then Trump’s Attorney General Pam Bondi and FBI Director Kash Patel began posting pictures of Dugan in handcuffs on social media to brag about it.
“So what is it they are trying to do?” asks Strang. His conclusion: “Humiliate and terrify, not just her but every other judge in the country.”
The bigger issue here, beyond an unprecedented, public display of dominance and intimidation by the Trump administration, is that, in turning federal law enforcement into an arm of his personal, vengeance-themed reality show, Trump is running roughshod over the constitutional principle of federalism, which respects the sovereignty of the states, the integrity of the courts and public safety. Scaring defendants, witnesses and victims away from making court appearances makes it harder to administer justice and makes all of us less safe.
But you’d never know that to listen to Republican state officials, who are championing federal agents barging into courts, schools and churches, forgetting everything they ever said about local control and states’ rights. In a letter released Tuesday, Assembly Republicans led by Speaker Robin Vos sent a letter to Gov. Tony Evers, declaring “our caucus believes it is imperative that our laws reflect the need for local law enforcement to comply with these efforts.”
Republicans accuse Evers of issuing guidance to state officials that impedes federal ICE raids.
“Unfortunately, recent events in Milwaukee have underscored the importance for our state to legislate and enforce compliance with federal immigration law,” their letter declares, citing Dugan’s arrest.
The Republicans demand that Evers rescind guidance telling state agencies that they need not answer questions, hand over files, or allow ICE to enter non-public areas without a warrant.
Capitulating to an administration that has admitted to deporting U.S. citizens and defied court orders to effect the return of a man it admits was mistakenly sent to a Salvadoran prison is a terrible idea. Big law firms that agreed to drop clients and offer free legal work to appease the Trump administration have eroded trust in the law. Authoritarian undermining of our legal system is a grave danger.
The least the most timid among us can do is insist that the federal government follow the law before caving in. That’s what Dugan did, when she asked if the agents who came to her courtroom to arrest Flores-Ruiz had a judicial warrant. They did not. Nor do they have proof that Dugan herself broke any laws.
The last thing we need right now is more capitulation to MAGA bullying. Stand strong.
Wisconsin Examiner is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Wisconsin Examiner maintains editorial independence. Contact Editor Ruth Conniff for questions: info@wisconsinexaminer.com.