Kash Patel’s arresting judges now.
So, there’s that. No sense burying the lede.
But it’s important to note, amid what could very quickly become a whirlwind of scary-sounding headlines, that there’s some precedent for this. Sort of. And context is, as ever, important. I’ll start with the context.
Here’s the problem, summed up in one sentence: You want immigrants to show up in local courts when they’re scheduled, but if they think they’re going to be arrested by federal immigration agents when they get there, they might not go.
That quandary’s complicated immeasurably by recent events which suggest immigrants can and will be shipped off to a maximum security facility in El Salvador with no due process, even if they haven’t committed a crime, and even in cases where a judge enjoins the administration from spontaneous deportation.
Now for the precedent. In 2019, Massachusetts Judge Shelley Joseph was indicted for conspiring to smuggle an immigrant out the back door of a courthouse before ICE could make an arrest. That’s a federal crime. Or at least it might’ve been to the extent it merited an obstruction charge.
But the case raised a number of important questions, not least of which is whether we want federal prosecutors to bully state judges. That’s a slippery slope, and on some vectors it runs afoul of the assumptions which underpin federalism, the co-governance arrangement at the heart of the republic.
Do yourself a favor and don’t posit a strawman. Obviously, we don’t want local yokels to be in the habit of sneaking accused criminals out the courthouse fire exit. You can’t have a system where rogue judges are free to physically aid and abet federal fugitives. That’s ridiculous, and exactly no one would argue for it.
But neither do we want US attorneys indicting state and local judiciaries willy-nilly. Because what does that say about states’ rights? That goes double now that there’s apparently no due process and habeas corpus is passé.
Besides, who indicts a sitting judge? Nobody, or at least not without instructions from the President of the United States. There again, it’s the furthest thing from clear that we want to establish precedent for the president to strong-arm state judiciaries under penalty of indictment if they don’t fall in line.
With that in mind, the FBI on Friday arrested Hannah Dugan, a county judge in Milwaukee for “intentionally misdirect[ing] federal agents” who were trying to arrest an immigrant. Here’s Patel’s announcement:
The FBI deleted the post shortly after it appeared. It wasn’t immediately clear why.
This didn’t come entirely out of the blue. On April 22, the The Milwaukee Journal Sentinel, citing an email from Chief Milwaukee County Circuit Judge Carl Ashley, said ICE showed up at the Milwaukee County Courthouse last week waving an arrest warrant around.
There was some debate about the nature of the warrant. Specifically whether it was issued by a federal court and signed by another judge. The distinction — between a judicial warrant and a so-called “administrative warrant” — matters and could become a point of contention going forward.
As bad as the optics are around judges helping immigrants evade federal agents (and I should note, because if I don’t, someone else invariably will, that the optics in the Joseph case were especially unfortunate), the specter of FBI agents arresting judges is disquieting, to put it mildly.
Let me put it this way. Even if you’re inclined to support the administration’s hardline immigration policies, which a lot of Americans are, “US Marshals confirm arrest of sitting judge on Trump’s orders” is a pretty portentous headline.
Appreciate the additional context you provide. It is important to understand the facts.
That being said, this judge should probably be tried via FBI tribunal to ensure that other judges don’t bias the proceedings and sentenced to serve time in El Salvador to ensure she doesn’t receive favorable treatment. Kash Patel has made it clear that the FBI is totally apolitical now and who can we trust if we can’t trust him?
Another headline today reads “Trump directs DoJ to investigate ActBlue”, the small donation arm of Democratic fundraising. Send the Gestapo.
I read Kash Patel’s book. He said he wasn’t vindictive so many times, that my conclusion was that he is “scary” vindictive towards anyone who he doesn’t like- and that list is long. Those names were published in his book.
Patel’s use of the word “perp,” and his use of X to broadcast the arrest and it’s purported rationale, provides another example of incompetence, and as H has pointed out repeatedly, the unseriousness, of Trump’s appointees. A professional FBI Director would never use the word “perp” in that context or publish such inflammatory garbage on X. Patel does not recognize the seriousness of what happened, or if he does, his totalitarian slip is showing. Patel’s level of professionalism would increase exponentially if he just tried to act like one of the leaders on the FBI tv shows.
This is his way of showing the Don that he’s towing the line. Firmly placing his lips between the royal cheeks.
Am I missing something? If the FBI and ICE hangs around Federal Courts and arrests anyone who is the wrong color, wrong language, or looks ragged and poor and then bundles then up to ship them off to El Salvador, how do we have any justice at all. ? Where can any non-domestic born individual find any justice? Any alernative? If not our courts? How can this be?,
Reminds me when I lived in DC and would watch street-level drug dealers lining up to wait on addicts going in and out of a nearby rehab center.
And now I get to watch Kash “Stringer” Patel preying on the immigrants and wonder if Omar’s comin to save the country.
“There was some debate about the nature of the warrant.”
According to the charging document, it was an administrative warrant. No judge signed off. So I suspect that gets her off the hook for concealing a person from arrest since that requires a federal warrant to be in place. Which I think is different from an administrative warrant.
She did postpone (adjourn) the case without telling the prosecution or victims who were waiting, according to the government, so he could leave. That could be an issue.
The president’s economic initiatives are not bearing much fruit or, more importantly, earning him widespread applause. So it is natural that the administration will step up deportations which still are popular in his base. Expect more of this going forward,
Maybe states will start arresting federal agents for kidnapping.
States arresting Feds … very interesting concept. Anyone know if Feds have some sort of immunity? Anyone know of precedent?
They should start with someone like Hegseth or Patel! Since Agent Orange and his MAGA minions seem determined to dissect the Constitutional order to the point of crisis, the opposition might as well follow the Trump playbook (as taught to the young Don by Roy Cohen) of “attack, attack, attack” – and bring it on!
Cohn, that is (dang autocorrect!)
Ah, oops. Federal agents are immune from state prosecution for their official actions. Supremacy clause, Nevens case. Comes up occasionally, usually when a federal law enforcement officer kills someone and the state attempts to prosecute.
This is a distraction, very important, but a distraction from attacking dt in a way that will get his followers to bail. It’s the economy stupid. Let’s get back to it…
“our agents chased down the perp on foot…”
You can tell Kash learned how to lead the FBI by watching tv.