Former Milwaukee County Judge Hannah Dugan was in federal court Wednesday for what was scheduled to be her sentencing — but the hearing turned into a legal battle over whether her felony obstruction conviction should be thrown out entirely.
WATCH: Former Milwaukee judge Hannah Dugan’s conviction fate undecided after hearing
Judge Lynn Adelman has not yet issued a ruling. His written decision could come at any time.
The defense's case hinges on an April appeals court ruling out of Virginia that found carrying out an ICE arrest is law enforcement activity — not an official federal proceeding under the obstruction statute. Dugan's attorneys argued Adelman relied on that now-overturned case to instruct the jury, meaning the legal foundation for her conviction no longer stands.
Prosecutors pushed back, arguing the Virginia ruling does not apply in Wisconsin. They contend ICE was acting within an ongoing Department of Homeland Security removal proceeding, making it part of a valid case under the law.
The definition of a "proceeding" was central to Wednesday's arguments.
If Adelman sides with prosecutors, a new sentencing date will be set. If he sides with the defense and acquits on the count, the felony conviction would disappear — a decision that would likely prompt the government to appeal to the Seventh Circuit Court of Appeals.
Either way, the case is expected to continue well beyond Wednesday.
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