[U: See Comment Box.] More (Exonerating) Evidence Is Revealed: ICE Did NOT Have A Valid Warrant For The Milwaukee Man!

EmptyWheel has a deep, deep dive into all the filings thus far (including at least one detail that was not flattering to the judge). Do go read all of hers, but these two points likely doom Team Trump:

First, because ICE was only carrying an administrative warrant, not a judicial one for the man, the Milwaukee judge acted absolutely appropriately to prevent him from being taken lawlessly on an invalid warrant, under applicable county law, inside a courtroom. That fact has gone unreported by hard right wing media.

But the import of it is clear: the judge was acting to protect the man's rights, because ICE had shown up without the right even to detain him. Ergo, she can have done nothing to "obstruct justice" (quite the contrary) by enforcing the man's rights and requiring ICE to go get an actual judicial warrant.

ICE may, in fact, use such an administrative warrant out on the streets, to convince police officers they have the right to take someone out of their home, but it is a completely different question as to whether that piece of paper not signed by a real judge, can be used to take a man out of a courtroom there on a due process hearing. The authorities in general say that piece of paper cannot carry that weight.

Here's the sealing bit, from the government's own charging papers:

. . .Judge DUGAN asked if Deportation Officer A had a judicial warrant, and Deportation Officer A responded, “No, I have an administrative warrant.” Judge DUGAN stated that Deportation Officer A needed a judicial warrant. Deportation Officer A told Judge DUGAN that Deportation Officer A was in a public space and had a valid immigration warrant. Judge DUGAN asked to see the administrative warrant and Deportation Officer A offered to show it to her. Judge DUGAN then told Deportation Officer to A speak with the Chief Judge.

Judge DUGAN then had a similar interaction with FBI Agent B and CBP Officer A. After finding out that they were not present for a court appearance and that they were with ICE, Judge DUGAN ordered them to report to the Chief Judge’s office. . . .

The second deeply troubling new development bears directly on the arrest of the judge and the charge. There was no grand jury indictment. No real judicial officer supervised granting a warrant for her arrest. In almost all cases where a felony is to be charged, an indictment needs to be handed down (to prevent against just this sort of false -- and political -- government charge!) for the arrest of a judicial officer.

Moreover, and highly damningly: various federal authorities published photos of the arrest for the primary purpose of creating the media circus. Specific written DOJ policies of long-standing prohibit such conduct, as prejudicial to an accused's rights. And this is all the more shocking in the breach -- with regard to a sitting county judicial officer of exemplary standing.

As many have seen, we had a very illuminating dialogue here over the weekend in comments about this case. . . and as ever, we will await a decision as to whether an indictment ever issues here.

But we now believe -- based on the above -- that no grand jury will ever indict her. We further believe that the dramatic breaches of DOJ protocol as to showing photos of the arrest of the judge are so prejudicial as to mean any judge who hears the case will throw it out. [And, correlatively, a libel claim is looking likely -- in her favor.]

In sum, the DOJ grossly violated its own protocols to create a "media event" -- out of a trumped up (pun intended) arrest of a judge, based on nonexistent evidence, all so that Stephen Miller, Marco Rubio, and Kash Patel could tweet out insipid, prejudicial and preposterous remarks.

This case is dead in the water and Kash Patel and others are likely liable for substantial damages in libel per se. That's my take.

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