JONATHAN TURLEY: Out-of-control judges, not FBI, appear to have crossed 'red line'

"This is not normal."

Those words from Sen. Amy Klobuchar, D-Minn., are undeniably existent aft the apprehension of Wisconsin Judge Hannah Dugan. However, the crushed it is not mean is acold much debatable. Dugan is accused of becoming a lawbreaker successful seeking to obstruct an effort to apprehension a antheral wanted by national authorities. If true, that is manifestly not "normal."

As soon arsenic the quality of the apprehension was reported, Democrats declared different law crisis. Klobuchar added that the apprehension "is a drastic determination threatening the regularisation of law" and a "grave measurement and undermines our strategy of checks and balances."

That is simply a funny assertion unless Klobuchar believes that the officers are lying. If not, Klobuchar is suggesting that a justice should not beryllium held accountable for actively shielding a wanted idiosyncratic and facilitating their evasion of instrumentality enforcement.

Kash Patel and Judge Dugan (Kayla Bartkowski/Getty Images, left, Mike De Sisti / USA TODAY NETWORK via Imagn Images, right.)

Sen. Tina Smith, D-Minn., besides condemned Dugan’s arrest, stating, "If [FBI Director] Kash Patel and Donald Trump don’t similar a judge, they deliberation they tin apprehension them. This is stunning — we indispensable basal up to this blatant powerfulness grab. Republicans: How is this not a reddish enactment for you?"

Yet, what is the "red line" for judges if the allegations are true? This justice is accused of behaviour that has resulted successful charges for different citizens. The judicial robe is not immoderate signifier of invisibility cloak that allows judges to prosecute successful alleged transgression acts.

The Wisconsin media is reporting:

Sources person told the Journal Sentinel that ICE officials arrived successful Dugan’s courtroom connected the greeting of April 18. When they went to the main judge’s office, Dugan directed the suspect and his lawyer to a broadside doorway successful the courtroom, directed them down a backstage hallway and into the nationalist country connected the 6th floor.

If true, that would beryllium an progressive effort to assistance the fishy elude constabulary who were carrying retired a lawful function.

The judicial robe is not immoderate signifier of invisibility cloak that allows judges to prosecute successful alleged transgression acts.

According to the transgression complaint, Ruiz allegedly attacked 3 individuals aft an altercation with his roommate astir playing large music. Flores-Ruiz allegedly struck his roommate astir 30 times with a closed fist and past attacked his woman and a 3rd person. Some of the injuries required infirmary treatment.

The evasion of constabulary astatine the courthouse required officers to pursuit down Ruiz, which could person resulted successful a much superior confrontation connected the street.

This is not the archetypal clip that a justice has been accused of participating successful oregon directing specified obstruction.

I previously wrote about the lawsuit of Massachusetts justice Shelley M. Richmond Joseph who was charged with allegedly helping an amerciable migrant evade ICE agents successful April 2018. Joseph and tribunal serviceman Wesley MacGregor were charged with conspiracy to obstruct justice, obstruction of justice, aiding and abetting and obstruction of a national proceeding.

I was captious of the handling of the case. While Joseph was suspended for 3 years, charges were dropped successful 2022 during the Biden Administration.

The Dugan lawsuit occurred astatine the aforesaid clip that a New Mexico justice was arrested for harboring an unlawful migrant and an alleged TdA pack member.

An HSI cause escorts erstwhile Doña Ana County Magistrate Judge Joel Cano retired of his location connected Thursday, April 24, 2025.   (Courtesy of KFOX14)

Doña Ana County Magistrate Judge Joel Cano and his woman were arrested connected Thursday. Notably, Cano reportedly admitted to officers that helium smashed the telephone of Cristhian Ortega-Lopez aft the 23-year-old was arrested successful a raid astatine the judge’s home.

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As I said connected Fox News Channel past night, I americium perplexed by Democrats rushing to denounce the apprehension of Dugan earlier we cognize whether these allegations are supported. If she escorted the fishy to a non-public doorway to facilitate his escape, that behaviour is simply a shocking abandonment of judicial ethics. She tin surely usage her authorization to code matters decently earlier her successful the signifier of judicial orders, but actively assisting successful an flight is good beyond the pale.

I person often criticized the reckless rhetoric directed against judges, including those who person ruled against the Trump administration. We request to support our civility and respect arsenic we enactment done these often hard questions.

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However, that works some ways. Judges person to reenforce respect for the judiciary successful their ain conduct. That includes showing restraint and respect successful narration to the countervailing powers of the Executive Branch. It surely includes avoiding actions that could beryllium viewed arsenic unethical oregon adjacent transgression successful resisting this administration.

That is besides a "red line."

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