Prosecutors allege that Dugan led 31-year-old Eduardo Flores-Ruiz through a back door after she told agents from US Immigration and Customs Enforcement (ICE) to speak to the chief judge about whether they were allowed to arrest people in the courthouse. Assistant US Attorney Keith Alexander alleged that Dugan said she would take the heat for helping Flores-Ruiz, who had appeared in court on a state charge. [The ICE agents] did not expect a judge, sworn to uphold the law, would divide their arrest team and impede their efforts to do their jobs, Alexander said.
The problems with the prosecution are legion, but most immediately, the government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts.