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Wisconsin Justice Initiative policy analyst Alexandria Staubach spoke about the importance of protecting court proceedings at a Monday rally addressing the multiple consequences of Immigration and Customs Enforcement presence in Wisconsin courthouses.
“When a place that is designed to protect you, protect your right to a fair and impartial trial, your right to protection, your right to dignity and equal treatment before the law, becomes a trap to ensnare people seeking justice, we are all less safe,” Staubach said. She added that victims, witnesses, and the accused don’t disappear but “just stay home.” The rally took place just prior to opening statements in Milwaukee County Circuit Judge Hannah Dugan’s federal trial on charges of obstructing a federal agency and concealing an individual to prevent arrest. Dugan is accused of assisting an immigrant, Eduardo Flores-Ruiz, evade ICE arrest by providing him access to a restricted hallway and directing federal agents away from her courtroom. Dozens of organizers and community members gathered outside the federal courthouse in Milwaukee, braving low digit temperatures to register their discontent with Dugan’s prosecution. Staubach noted in her comments the power of federal prosecutors, including recently appointed Interim U.S. Attorney Brad Schimel. “We’re going to say the quiet part out loud for Brad Schimel,” said Staubach, a former assistant district attorney in Colorado. “Prosecutions are discretionary.” Maxwell Love, the state political and campaign director for the Working Families Party, told WJI the coalition holding the rally was built “so that we could bring the case into the ‘court of public opinion.’” The group seeks “to make sure that the Milwaukee community could engage in a conversation about our values of fairness, due process, and democracy since we couldn’t be present in the courtroom,” Love said. The group highlighted the detrimental impact ICE presence has in the courthouse and its chilling effect on access to justice. “If due process can be violated for one group, it can and will be violated for all,” Wisconsin Working Families Party director Corinne Rosen said. “Today we stand together in this freezing cold to reject fear.” Christine Neumann-Ortiz, executive director of Voces de la Frontera, discussed the human impact and feelings of insecurity and intimidation created in immigrant community when ICE stands between them and access to justice. Louis Davis, executive director of SEIU Wisconsin led the crowd in chanting, “Your struggle is my struggle.” Nick Ramos, executive director of the Wisconsin Democracy Campaign got the crowd going in yelling, “This is what democracy looks like.” The Milwaukee Journal Sentinel reported that the chants and supportive honking could be heard inside the courthouse. Opening statements for Dugan’s trial began immediately after the rally. Prosecutors leaned heavily on the idea that courthouse arrests are “safe” and “routine,” and that Dugan’s “judicial robe didn’t put her above the law.” Dugan defense attorney Steven Biskupic said that conjecture about a chaotic morning was leading the federal prosecution and that Dugan did not obstruct law enforcement pursuit of Flores-Ruiz. Biskupic said Dugan directed federal law enforcement away from her courtroom in accord with a draft policy previously circulated by Chief Judge Carl Ashley to the Milwaukee County judges, telling them to direct federal agents to their supervisor. Biskupic said Dugan had not yet heard whether or for whom the federal agents had a warrant and so she did not intend to obstruct any action on their warrant. Biskupic also showed a screenshot of a group chat between federal agents, which suggested they had decided, on their own, not to arrest Flores-Ruiz in the courtroom hallway. A video shown during Biskupic’s opening remarks showed federal agents walking behind Flores-Ruiz at a leisurely pace as he exited the sixth floor of the courthouse where Dugan’s courtroom is located. The federal government plans to call up to 28 witnesses in the case and the trial is expected to last around five days.
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