After Kilmar Abrego Gargia was sent to CECOT, a modern-day concentration camp in El Salvador, his family filed a lawsuit against the Trump Administration for violating an earlier court decision that granted him an order forbidding his deportation. The posture of the DOJ initially was to admit that an error had been made in sending Abrego Garcia to El Salvador and to work quietly behind the scenes to remedy that error and bring him back to the United States. But once the White House became more deeply involved in the case, that all changed.
According to an article in the Atlantic by Nick Miroff, once the case became front page news, the White House–and by extension, the DOJ–hardened their stance, referring to Abrego Garcia as a gang member, a criminal, and a human trafficker, despite a paucity of evidence to back up their contentions. They also began claiming that sending Abrego Garcia to El Salvador was not a mistake but was done purposely because he was considered so dangerous. The DOJ fired the attorney who had admitted in court filings that a “clerical error” led to Abrego Garcia’s removal from the United States, and then the Administration went on the offensive, proudly stating that the father of three children from Maryland would never again step foot on American soil.
Why the sudden change in posture? Here’s what Nick Miroff wrote in the Atlantic:
“But as criticism of the administration over its mishandling of the case spread, White House officials took over the response and began striking a far more strident tone in their public statements. They swiftly turned an admission of bureaucratic error into a political opportunity—a chance to flex executive authority and test the judicial branch’s ability to restrain presidential power. Abrego Garcia’s deportation became far more than just the case of one man; it developed into a measure of whether Donald Trump’s administration can send people—citizens or not—to foreign prisons without due process.”
In other words, Abrego Garcia has become a pawn in Trump’s attempt to consolidate power from the judiciary. The Abrego Garcia case is just one piece of the Trump Administration’s effort to empower the executive at the expense of the other branches of government. To date, Congress has capitulated, allowing Trump to legislate via executive order without pushback. But the judiciary has largely stood up to Trump’s attempts, often finding his behavior to be lawless and unconstitutional.
In response, Trump and officials from his administration have called for the impeachment of judges who disagree with their efforts, and they have defied court orders; sometimes through legal trickery, other times directly and blatantly. But on Friday, April 25, Administration efforts to threaten and subvert the judiciary were ratcheted up when the FBI arrested a circuit court judge in Wisconsin for allegedly resisting ICE efforts to arrest an undocumented immigrant.
Following the arrest, FBI Director Kash Patel took to X to brag about the arrest. He wrote:
“Just NOW, the FBI arrested Judge Hannah Dugan out of Milwaukee, Wisconsin on charges of obstruction — after evidence of Judge Dugan obstructing an immigration arrest operation last week.
“We believe Judge Dugan intentionally misdirected federal agents away from the subject to be arrested in her courthouse, Eduardo Flores Ruiz, allowing the subject — an illegal alien — to evade arrest.
“Thankfully, our agents chased down the perp on foot and he’s been in custody since, but the Judge’s obstruction created increased danger to the public.
“We will have more to share soon. Excellent work @FBIMilwaukee”
A short time later, Attorney General Pam Bondi appeared on Fox News where she referred to Judge Hannah Dugan as “deranged,” but she did not provide any evidence of wrongdoing on Dugan’s part. Instead, Bondi focused on the message Dugan’s arrest should send to other judges:
“I think some of these judges think that they are beyond and above the law. They are not, and we are sending a very strong message today—if you are harboring a fugitive—we will come after you and we will prosecute you. We will find you.”
Bondi’s statements were reminiscent of those uttered in 1942 by Adolf Hitler in a speech in the Reichstag, when he said:
“I expect the German legal profession to understand that the nation is not here for them but they are here for the nation. From now on, I shall intervene in these cases and remove from office those judges who evidently do not understand the demand of the hour.”
In both cases, both Bondi and Hitler were giving notice to the judiciary that any attempt to thwart the ruling administration’s agenda would be met with retribution. As both said, either directly or indirectly, the judiciary exists to support the ruling Administration, not to stand in it’s way.
Of course, this is not how things work in our Constitutional democracy. We are a nation of laws, and the rule of law must supersede the whims of one man and his administration. The Constitution and the laws of this nation are what guide us, not the wishes of Donald Trump, Pam Bondi, or anyone else in their orbit.
The arrest of Judge Dugan is outrageous on many levels. In fact, the arrest of a judge is highly unusual. It appears that Judge Dugan was arrested without first bringing her case to a grand jury, and it’s unclear if FBI agents even had a warrant for Dugan’s arrest. Bringing a case to the grand jury and/or having a judge sign an arrest warrant is not mandatory, but in a case like this, it is unusual that the DOJ and FBI didn’t go that route.
In the rare case where a judge or other elected official is arrested, particularly in a case where the judge is not a flight risk, the arrest is handled quietly and behind the scenes. Often—as was the case when Donald Trump was arrested in both New York and Georgia—the judge is given the opportunity to turn themselves in to authorities at a predetermined time without the trauma and fanfare of a surprise arrest, particularly at their place of employment, as happened with Judge Dugan.
It is highly unusual for the FBI director to announce the arrest in a braggadocio fashion, basically giving testimony of wrongdoing rather than simply stating the charges. This is wrong for at least two reasons.
First, it tends to taint the jury pool when the head of the FBI makes accusations against a defendant in the media. In our system of justice, Dugan is considered innocent until proven guilty, and law enforcement officials—particularly the FBI Director—should not be going on social media to litigate their case.
Second, DOJ regulations prevent employees, including the FBI Director, from discussing pending cases. Even so, Patel wasn’t the only one who violated this rule. AG Pam Bondi also took to X to announce the arrest and to pronounce “No one is above the law.” It apparently doesn’t bother her that her boss is a felon 34 times over.
Many people—including myself—have accused Trump of acting as an authoritarian. Arresting judges is just another page out of the authoritarian’s playbook. The Trump Administration is not trying to hide their efforts or their goals. They continue to push to consolidate power in the presidency, making meaningless the Constitutional imperative of separation of powers, as well as our system of checks and balances. Trump does not want to be hamstrung by the Constitution nor slowed down by having to work with the other branches. He truly is acting like a king or dictator, expecting his words to become law and his every action to be found acceptable, if not legal.
Like Abrego Garcia, Judge Dugan is just a pawn in this game Trump is playing. He wants all of us to live in fear of the possibility of being the next one arrested and jailed. He wants a compliant populous that neither protests nor otherwise pushes back against his illegal acts.
As citizens, we all want dangerous criminals locked up. If they happen to be undocumented, they should be deported. If they happen to be a judge, they should be held to account. But there are proper ways to do these things. Donald Trump was elected in a free and fair election. He deserves to carry out his agenda. But he must abide by the Constitution and our laws. He cannot use power reserved for the other branches to implement his agenda. He must work with the other branches, allowing the legislative to create the laws and the judiciary to rule on the Constitutionality of those laws.
I can’t tell you with any certainty if Judge Dugan did anything illegal or not. What I do know is that the Trump Administration is using her arrest to send a message to other judges and elected officials. If you get in the way of the Trump agenda, you could be next.
