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The problems with this prosecution are legion, but most immediately, the government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts. Immunity is not a defense to the prosecution to be determined later by a jury or court; it is an absolute bar to the prosecution at the outset. See Trump v. United States, 603 U.S. 593, 630 (2024).

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The problems with this prosecution are legion, but most immediately, the government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts. Immunity is not a defense to the prosecution to be determined later by a jury or court; it is an absolute bar to the prosecution at the outset. See Trump v. United States, 603 U.S. 593, 630 (2024).
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Thursday, 15-May-2025 11:52:20 JST Heidi Li Feldman

Hannah C. Dugan, the Wisconsin judge the feds arrested for allegedly obstructing ICE, has filed a wonderful motion to dismiss the entire case against her. My copy with my annotations at https://drive.proton.me/urls/YSVCCN8N5M#seabLmxl0gFa.
A good portion of the brief rests on and repeatedly cites Trump v. U.S., bc Dugan argues that she is protected from suit by absolute judicial immunity. 1/ #LawFedi

In conversation about 3 days ago from mastodon.social permalink