Yesterday, Judge Hannah Dugan was indicted by a federal grand jury. She is set to enter a plea in response to that indictment tomorrow. But before that happens, her attorneys have filed a motion to dismiss the case, claiming that she has complete immunity from prosecution for any “official acts.” If that sounds familiar it’s probably because her attorneys are citing Trump’s case for immunity in the motion to dismiss.
This is no ordinary criminal case, and Dugan is no ordinary criminal defendant…
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)…
Judge Dugan’s subjective motivations are irrelevant to immunity. “Judges are entitled to absolute immunity for their judicial acts, without regard to the motive with which those acts are allegedly performed.” Id.; accord Trump v. United States, 603 U.S. at 618 (“In dividing official from unofficial conduct, courts may not inquire into the President’s motives”).
How many progressives have been outraged by the outcome of that decision? How many will still be outraged now that Judge Dugan is attempting to use it to dismiss her case? I think we all know the answer is a number approaching zero.
After making the immunity argument, the motion moves on to make a 10th Amendment argument before returning again to immunity.
As a practical matter, counsel for Judge Dugan stand ready to file briefs and to participate in an evidentiary hearing if either or both will aid the Court, but they stand on the observation that any further proceedings in this case, other than immediate dismissal, are barred by official acts immunity and judicial immunity.
Dugan is demanding the court deal with this issue before moving forward with the prosecution so this may delay things a bit.
The case is assigned to U.S. District Judge Lynn Adelman. The next step will be for the government to respond to the defense motion. Depending on the ruling, the issue could end up being appealed to the 7th Circuit Court of Appeals.
Two reactions to this, first from Jonathan Turley who predicts the motion to dismiss will be denied.
Disgraced Judge Hannah Dugan filed a motion to dismiss today, on grounds of Judicial immunity
Jonathan Turley~
I can’t see any basis to do that, which means her motion to dismiss will be deniedJudge Dugan faces (6) years in prison, who else besides me hopes she gets the max pic.twitter.com/uBxyfrjYLx
— @Chicago1Ray 🇺🇸 (@Chicago1Ray) May 14, 2025
But contradicting that is this thread from a law professor named Dan Lennington who says Dugan has a “good shot” at a dismissal.
Second, I want to know whether judicial immunity extends to criminal acts. In Ex Parte Virginia, SCOTUS allowed a federal indictment against a state judge for discriminating. In Mireles v. Waco, SCOTUS said judicial immunity doesn’t apply to crimes. This should be briefed/6
— Dan Lennington (@DanLennington) May 14, 2025
These are all just preliminary thoughts, but strategically this is a good development for Dugan. She has a good shot at dismissal and then an appeal to the Seventh Circuit, which could take months. This case will probably be around for quite some time. /8
— Dan Lennington (@DanLennington) May 14, 2025
Former Gov. Scott Walker agrees, adding some political commentary about Judge Adelman, the judge who was assigned this case. Walker also predicts a dismissal.
Federal Judge Lynn Adelman is a long-time liberal activist. I expect him to dismiss the case. If he does not, suspended Judge Hannah Dugan is in trouble. No one is above the law. https://t.co/Sgea2vbqOS
— Scott Walker (@ScottWalker) May 14, 2025
Apparently this judge is very far left.
Talk about luck of the draw! Following indictment, the Dugan prosecution was randomly assigned to Judge Lynn Adelman. Judge Adelman, age 85, is the most liberal judge in the Eastern District of Wisconsin and maybe one of the more liberal judges in the US. https://t.co/LmMHqN9Amn
— Jeff Wagner (@jeffwagnerradio) May 13, 2025
We’ll see who is right but there doesn’t seem to be much disagreement that Judge Dugan scored when her case wound up in front of this judge.
