On Monday, May 5, 2025, The New York Times reported that over 150 former state and federal judges issued a letter to Attorney General Pam Bondi, denouncing the Trump administration’s arrest of a Wisconsin judge as an effort to intimidate the judiciary.
The letter criticized the administration’s actions against Milwaukee County Circuit Court Judge Hannah C. Dugan, who was arrested by FBI agents in April 2025 on charges of obstructing immigration enforcement. Judge Dugan allegedly instructed an undocumented immigrant to exit her courtroom through a side door, allowing the individual to evade immigration agents waiting to detain him.
The letter, spearheaded by former federal judges Nancy Gertner, appointed by President Bill Clinton, and J. Michael Luttig, appointed by President George H.W. Bush, included signatories appointed by both Democratic and Republican presidents. It described the arrest as a deliberate attempt to pressure state and federal judges into aligning with the administration’s agenda rather than upholding the Constitution and U.S. laws.
“The circumstances of Judge Dugan’s arrest make it clear that it was nothing but an effort to threaten and intimidate the state and federal judiciaries into submitting to the administration, instead of interpreting the Constitution and laws of the United States,” the letter said. “This cynical effort undermines the rule of law and destroys the trust the American people have in the nation’s judges to administer justice in the courtrooms and in the halls of justice across the land.”
They also condemned a social media post by FBI Director Kash Patel, who shared an image of Judge Dugan in handcuffs, calling it a breach of Justice Department protocol and an “embarrassing spectacle.”
In response, Justice Department spokesperson Chad Gilmartin pointed to a video statement from Attorney General Bondi, who said that the department would prosecute anyone who violates the law, regardless of their profession, based on the evidence.
The nonprofit Democracy Defenders Fund, established by Norm Eisen, a former Obama administration ethics official, backed the judges’ letter. Eisen emphasized that the arrest represented an assault on judicial independence, prompting a collective response from the former judges. The Society for the Rule of Law Institute, a group of conservative and libertarian legal professionals formed in 2023, also endorsed the letter.
The Wisconsin Supreme Court suspended Judge Dugan from her judicial duties last week, pending the outcome of her case. In a brief order, the court stated that the suspension was essential to maintain public confidence in Wisconsin’s judicial system.
Judge Dugan’s preliminary hearing is set for May 15, 2025. Her attorney issued a statement asserting that she would vigorously defend herself and anticipated exoneration.
Source: The New York Times