The column below reflects the views of the author, and these opinions are neither endorsed nor supported by WisOpinion.com.
All U.S. presidents take the following oath before taking office: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” However, Trump recently said: “I don’t know” when questioned whether he must “uphold the Constitution of the United States” (NBC’s Meet the Press). Worse than Nixon, who said: “Well, when the president does it, that means that it is not illegal.” Nixon resigned rather than be impeached, but Trump has no shame.
Trump has launched a multipronged assault on the Constitution, including the judiciary. Milwaukee County Judge Hannah Dugan was publicly arrested, handcuffed-manacled and humiliated with a perp walk by the Trump administration. Dugan, a former Milwaukee Bar Association president, has been accused of “obstructing an official proceeding and concealing a person from arrest” (Washington Post). The case involves an unauthorized immigrant facing unrelated charges in Dugan’s courtroom. The facts are sharply disputed and have not been fully aired.
Former federal and state judges, including Wisconsin Supreme Court Justice Janine Geske (1993-1998), have condemned Dugan’s arrest. Geske, appointed by GOP Governor Tommy Thompson, joined more than 150 judges in a blistering statement: “The circumstances of Judge Dugan’s arrest make it clear that it was nothing but an effort to threaten and intimidate the state and federal judiciaries into submitting to the Administration, instead of interpreting the Constitution and laws of the United States.”
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Dugan’s defense lawyers include former Wisconsin U.S. Attorney Steven Biskupic and U.S. Solicitor General Paul Clement (from Wisconsin), both appointed by GOP President George W. Bush. Her defense team said: “Judge Hannah C. Dugan has committed herself to the rule of law and the principles of due process for her entire career as a lawyer and a judge.” Later adding: “Judge Dugan asserts her innocence and looks forward to being vindicated in court.” However, Wisconsin GOP state legislative “Know-Nothings” and former GOP Governor Scott Walker are calling for removal (impeachment?) of Dugan.
Wisconsin GOP 3rd Congressional District Representative Derrick Van Orden insulted Dugan, complaining about “activist judges” trying to “sabotage” Trump (Axios). Yet another new low for him. Earlier, Van Orden joined Musk and Trump in calling for impeachment of federal judges whose decisions they disagree with. Conservative Supreme Court Justice John Roberts responded: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.” Dugan’s defense, in part, is that “she is immune from prosecution for actions she took as a judge in and around her courtroom” (Washington Post).
Legal giant Wisconsin Democratic 2nd Congressional District Representative Bob Kastenmeier understood the imperative of an independent judiciary to “check” as Justice Roberts said “the excesses of Congress or the executive … .” No surprise there is a Robert W. Kastenmeier United States Courthouse in Madison. Kastenmeier would have been appalled by the arrest, humiliation and indictment of Judge Dugan.
Kaplan wrote a guest column from Washington, D.C., for the Wisconsin State Journal from 1995 – 2009.
