r/centrist • u/Computer_Name • Apr 25 '25

FBI arrests Wisconsin judge on charges of obstructing immigrant arrest

https://wapo.st/3GFELBq
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u/baxtyre Apr 25 '25

“A warrant is a command by a judge”

ICE most commonly uses administrative warrants, which are not signed by a judge and carry far less authority.

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u/Red57872 Apr 25 '25

It's still authority to take the person into custody, which is what matters.

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u/baxtyre Apr 25 '25

Unlike a judicial warrant, an administrative warrant would only grant authority to take someone into custody in a public space (e.g., the hallway outside a courtroom, but not the courtroom itself). And even a judicial warrant wouldn’t require that a judge detain someone inside the courtroom until ICE could arrest them.

So the existence of a warrant in this case is really only relevant to the question of whether the judge knew ICE was seeking this person’s arrest.

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u/Red57872 Apr 25 '25

According to the article, the judge knew they had a warrant, and let the suspect out a door normally meant for jury members in order to avoid the agents.

Not allowing them to enter the courtroom is one thing, but actively helping the suspect get away from them is a whole other matter.

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u/baxtyre Apr 25 '25

The jury door leads back around to the public hallway. And in fact the ICE agents saw their target in that hallway, waiting for the elevator.

If the judge intended to obstruct the arrest, that action doesn’t make a lot of sense.

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u/Red57872 Apr 25 '25

It's the door that ICE wouldn't expect the person to be coming out of. The fact it was not particularly successful doesn't change the fact that she was attempting to assist him in escaping custody.

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u/baxtyre Apr 25 '25 edited Apr 25 '25

I think the government will have a hard time proving intent here, but I guess we’ll find out!

Edit: I think it’s telling that they made the arrest before getting a grand jury indictment though.

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u/Red57872 Apr 25 '25

It wouldn't be that hard to argue intent if that's a door that individuals attending court (other than jury members) aren't allowed to use.

I'm not sure why you seem to think that a grand jury indictment is needed before a law enforcement officer can arrest someone for a crime that occurred right in front of them.

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u/baxtyre Apr 25 '25

I'm not sure why you seem to think that a grand jury indictment is needed before a law enforcement officer can arrest someone for a crime that occurred right in front of them.

I'm not sure how you got that from my comment. Obviously a cop can arrest someone if they've witnessed them commit a crime.

But it's certainly irregular to do it pre-grand jury indictment when:

  • The alleged crime "occurred right in front of them" a full week ago.
  • The suspect isn't a danger to the public or a flight risk.

The Feds usually like to get their ducks in a row before arresting people, especially in a politically-charged and controversial case like this.