Today I am writing regarding the wrongful arrest of Judge Dugan. There are a lot of questions that need to be answered and unfortunately every major media outlet is actively undermining our constitutional rights through purposely misconstrued headlines and questionable analysis by paid corporate activists. The use of misleading information, half-truths, and outright lies are stoking anger and hate aimed at immigrants, who are protected by the same constitutional rights as citizens; in effect, the people are being primed to fight the US constitution.
There are four main lies being pushed by the media and bots regarding the arrest of Judge Dugan. We have witnessed an influx of these MAGA bots specifically attacking Judge Dugan posts in the last 24 hours. These bot attacks are part of Operation Whirlwind; the information and stimuli blitzkrieg being waged against our nation.
The Lies
The first lie we hear is a half-truth; this is how the executive branch and our news like to operate. They utilize partial truths to then make a believable lie.
Lie #1 Ice had a legal warrant for the arrest.
When Americans think of a warrant, they immediately think of a Judicial Warrant. This is a warrant signed by a Judge and allows for searching private property, making arrests, and other invasions of privacy - within reason. That is not what ICE had with them when they entered the Court Room. Yes, they did have a legal warrant, but that warrant was an administrative warrant, which can only be executed in a public space, if that space and individual are listed and the administrative warrant signed.
Lie #2 The courtroom is a public space
The second lie we were immediately told is that the courtroom is a public space. This is, again, a half-truth. Courthouses are mainly public spaces but have some private areas that are secured from the public, like the Federal Marshall’s offices, the judge’s chambers, or the bathrooms. These are all private places within a public space. Now there's a third form of space which we will refer to as a hybrid space. A space that can be open to the public but also secured and made into a private venue.
A courtroom is a hybrid space. Though mainly a public space, asserting that a courtroom is exclusively a public space can be refuted by the occurrence of closed hearings and the judge's discretion in allowing or prohibiting cameras within the courtroom. In this manner a courtroom is both public and private dependent upon how the judge wishes to approach the given circumstances of the moment. Keep in mind judges have nearly complete control of what happens within their courtroom, and few judges are going to limit their own control of their courtroom. Judges have jailed individuals for simply wearing hats or for using curse words within the court. Deciding to close their courtroom is well within their right.
Lie #3 activist judges, and that judges have gone rogue
The absurdity of those statements needs to be called out. Enforcing the law isn't activism. The fact that trump and his coconspirators don't like being held accountable to the laws of this land does not mean that judges have gone rogue; in fact, the Supreme Court has had to nullify, correct, or send back judicial rulings from the conservative 5th circuit more than any other. So, if any judges are relying upon their political bias more than the law it would be the conservative judges of the 5th circuit
Regarding Dugan, this wasn't a single activist judge going rogue. This was a case of two judges upholding decorum and law. Judge Dugan decided her courtroom would not be used for ICE arrests. Judges, politicians, law enforcement officers, and immigration organizations have all stated that these arrests would and have chilled immigrant’s willingness to show up to court out of fear they may be arrested just for following the law. Keep in mind that many of the individuals that have been arrested are here legally through court rulings which ICE is choosing to ignore.
Judge Dugan did not bar ICE from making the arrest, she simply told them they would not be making that arrest within her courtroom and that they could make that arrest in a public area within the courthouse. She told them that they should go speak with the chief judge, this is likely the only person within the courthouse that could overrule her decision. So, the judge acted in good faith by providing these individuals with an opportunity to bypass her ruling. Unfortunately for ICE the chief judge agreed with judge Dugan that the courtroom was not an acceptable place to make this arrest.
Lie #4
Lastly, the fourth lie we're being told is this judge helped these individuals bypass ICE. This is simply not the case and easily proven by the FBI's own statement.
The fact the judge allowed these individuals to exit out the jury door rather than exit out the main door into the hallway does not prove any sort of intent. Let alone malicious intent or specific interference. It could have been any number of things; that she did not wish to cause turmoil in the main hallway. Maybe she feared their physical well-being considering ICE’s illegal arrest attempt, perhaps she was going to file a complaint and help facilitate a safer handoff with agents that weren’t acting outside the norms. Maybe the Judge wanted to help them save face, she knew that agents would be everywhere, and this was the place least likely to have press or cameras.
I do think it's important to ask ourselves if federal officers attempted to arrest us illegally would we trust them if they returned later and attempted that same arrest through legal means, or would we expect them to continue to act illegally after the arrest? This is the crux of our current situation. If ICE and other aspects of the federal government continue to operate in grey areas, if not completely illegally, they cannot expect the public to trust them or to cooperate.
Constitutional Rights
It needs to be mentioned that all persons within our borders have the right to a fair and free trial this individual was at a courthouse to go through trial for non-immigrant related events. By attempting to remove this individual from a courtroom shortly before their hearing hinders their right to habeas corpus. Once again ICE attempted to deny an individual's constitutional rights. Judge Dugan was correct in her actions for no other reason than ensuring this individual could continue through with their habeas corpus on their current charges.
Defending a man’s rights is not the same as defending his actions
It must also be said that arguing for this individual's habeas corpus does not necessarily mean that people are arguing in support of the individual. People are arguing for our constitutional rights to be upheld. Meaning that there are people openly arguing for our constitutional rights to be limited. These are not people we need to take seriously and, quite frankly, those people should be removed from public office and tried for their consistent attempts at unconstitutional actions, denial of constitutional protections, abduction, human trafficking, resulting in open rebellion against the lawful execution of the United States constitution.
The following link holds the complete FBI criminal complaint against Judge Dugan. Note, it is not a warrant.
With this administration it appears that they are trying very hard to twist reality by coming up with the most bizarre interpretations of facts and law. Ultimately, I'm not sure how to combat what seems to be an actual attack on our reality as they truly don't care about what are the facts. Your explanations helps a rational person, but I doubt that they will have much effect on the irrational people that are invested in supporting the illegal actions of this administration.
Excellent analysis, thank you!!!