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kash patel
Press Freedom Groups Warn FBI's Dobbs Leak Probe Could Have 'Wide-Reaching Chilling Effect'
"What is the impetus for the decision to give renewed focus into a three-year-old incident with no apparent criminal violation?" asked the organizations.
Jun 03, 2025
A coalition of 12 press freedom groups warned the FBI Wednesday that contrary to claims by deputy director and former right-wing prosecutor Dan Bongino, a new probe into the leaked 2022 U.S. Supreme Court opinion in a landmark reproductive rights case appears aimed not at confronting "potential public corruption," but threatening constitutionally protected newsgathering activities.
Defending Rights and Dissent led a coalition including Fight for the Future and the Freedom of the Press Foundation in writing to FBI Director Kash Patel about Bongino's recent announcement that he is receiving weekly briefings on a probe into Politico's May 2, 2022 publication of the Supreme Court's draft opinion in the Dobbs v. Jackson Women's Health Organization nearly two months before the ruling was officially handed down and ended the constitutional right to abortion care.
Bongino said the FBI is spending more resources on investigations into possible public corruption including the Dobbs leak, the planting of pipe bombs near the headquarters of the Democratic and Republican national committees in January 2021, and a bag of cocaine that was found in the White House in 2023—but didn't specify how any of the cases address corruption specifically.
The groups asked Patel for "clarifying information" about the probe into the Dobbs draft decision leak.
Considering that FBI investigations are typically limited to violations of federal laws, national security threats, and foreign intelligence, the groups asked whether the probe is "predicated on a federal statute, and if so, what statute is it predicated on."
"Absent clarifying information, the Dobbs-related enquiry could give the appearance of an impermissible investigation into First Amendment-protected activities."
They also asked: "What is the impetus for the decision to give renewed focus into a three-year-old incident with no apparent criminal violation? Is there new evidence of violations of federal statutes?"
"While there are federal statutes governing national defense information, classified information, tax information, or certain government records whose release could cause unwarranted invasions of privacy, none of these statutes on their face criminalize sharing an unpublished court opinion with a journalist," said the groups.
Legal analysts said shortly after the draft opinion leak that—despite then-former President Donald Trump's demand for a "thorough criminal investigation" and his claim that journalists who published the opinion should be jailed until they released their sources—there was likely no crime committed in the leak.
"I am extremely skeptical of what basis or what authority the Justice Department would have to inquire into this matter," national security and whistleblower lawyer Bradley P. Moss toldThe Washington Post at the time. "It is certainly a fireable offense—without question—but there is no obvious criminal provision that would apply."
The Supreme Court and the Secret Service both conducted investigations that did not identify who was responsible for leaking the opinion to journalists.
The FBI's probe is reportedly "focused on finding the source who gave the unpublished opinion to Politico," wrote the groups. "As organizations that defend press freedom, free expression, and civil liberties, we are deeply concerned by the potentially chilling nature of this investigation on First Amendment-protected newsgathering."
"Absent clarifying information," they added, "the Dobbs-related enquiry could give the appearance of an impermissible investigation into First Amendment-protected activities."
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Sanders Says Trump Arrest of Wisconsin Judge Is About One Thing Only: 'Unchecked Power'
"Let's be clear. Trump's arrest of Judge Dugan in Milwaukee has nothing to do with immigration. It has everything to do with his moving this country toward authoritarianism."
Apr 25, 2025
U.S. Sen. Bernie Sanders led congressional progressives on Friday in condemning the Trump administration's arrest of a county judge in Wisconsin for allegedly helping an undocumented man evade capture by federal immigration agents.
FBI agents arrested 65-year-old Milwaukee County Circuit Judge Hannah Dugan, who faces felony charges of obstruction and concealing an individual, whom she is accused of giving refuge in her chambers as federal officers sought to arrest him.
In a statement accusing President Donald Trump of "illegally usurping congressional powers," Sanders (I-Vt.) said: "Let's be clear. Trump's arrest of Judge Dugan in Milwaukee has nothing to do with immigration. It has everything to do with his moving this country toward authoritarianism."
"Trump continues to demonstrate that he does not believe in the Constitution, the separation of powers, or the rule of law."
"He is suing media that he dislikes. He is attacking universities whose policies he disagrees with. He is intimidating major law firms who have opposed him," Sanders continued. "He is ignoring a 9-0 Supreme Court decision to bring Kilmar Abrego García back from El Salvador, where he was illegally sent. He is threatening to impeach judges who rule against him."
"Trump's latest attack on the judiciary and Judge Dugan is about one thing—unchecked power," the senator asserted. "He will attack and undermine any institution that stands in his way. Trump continues to demonstrate that he does not believe in the Constitution, the separation of powers, or the rule of law. He simply wants more and more power for himself."
"It is time for my colleagues in the Republican Party who believe in the Constitution to stand up to his growing authoritarianism," Sanders added.
Other progressive lawmakers also condemned Dugan's arrest, with Sen. Ed Markey (D-Mass.) calling this "a red alert moment" that we "all must rise against."
Rep. Mark Pocan (D-Wis.) said on the social media site X: "Judge Dugan's arrest is outrageous and a fear tactic to our independent judiciary. Trump has always thought he was above the law, but now he's enabling his goons to push that limit as far as it can go. His reckless deportations and flaunting of the Constitution will fail."
Rep. Summer Lee (D-Pa.)
said on social media that "arresting judges is the kind of crackdown you see in a police state."
"This is how dictators take power," Lee warned. "They manufacture crises, undermine our institutions, and erode our checks and balances. If they'll come for one, they'll come for all."
Rep. Jasmine Crockett (D-Texas) said that "Trump's playbook is simple: punish anyone who stands in his way."
"This ain't law and order—it's a rise of authoritarianism in real time," she added.
The FBI arrested a Wisconsin judge who stood up for due process for immigrants. This is unprecedented. All of us need to stand up and speak out against arresting judges in this country. We are living in dangerous times.
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— Rep. Ro Khanna ( @khanna.house.gov) April 25, 2025 at 11:07 AM
Accusing the Trump administration of a "shocking" willingness to "weaponize federal law enforcement," Rep. Gwen Moore (D-Wis.) contended that the FBI "coming into a community and arresting a judge is a serious matter" that would require a "high legal bar."
Moore added, "I am very alarmed at this increasingly lawless action of the Trump administration," including U.S. Immigration and Customs Enforcement (ICE), which has "been defying courts and acting with disregard for the Constitution."
Advocacy groups including Voces de la Frontera, Milwaukee Alliance Against Racist and Political Repression (MAARPR), and Milwaukee Turners led a Friday afternoon protest against Dugan's arrest outside the Milwaukee County Courthouse.
HAPPENING NOW: A HUGE crowd of protesters have gathered outside a Milwaukee courthouse to support Judge Hannah Dugan after her arrest earlier today
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— Marco Foster ( @marcofoster.bsky.social) April 25, 2025 at 1:46 PM
"To refer to this heinous attack as alarming would be an understatement," MAARPR said in a statement accusing FBI Director Kash Patel of "intentionally being public with his announcement and accusations" and "seeking to bypass Dugan's due process and label her as a criminal before she even has an opportunity to speak up."
"It's no coincidence that Patel and the FBI have acted this way when the agency has a long history of bypassing any due process," the group said. "They are seeking to send a clear message: Either you play along with Trump's agenda, or pay the consequences."
MAARPR continued:
During this period of racist and political repression, we must stand together to denounce today's actions by the FBI. What happened to Dugan is not new. The FBI and other agencies have been emboldened in recent months, snatching people off the streets, separating families, terrorizing communities, breaking doors down of pro-Palestine activists, and contributing to the unjust deportation of immigrants who don't have criminal records. What is new is that they have gone after a judge.
"The conditions we face are scary, but it will be the people united who can put an end to this terror by the FBI, ICE, and all other agencies committing such acts of injustice," the group added. "The people united will stand against Trump and his agenda."
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'Fascism Getting Turned Up' as Trump FBI Arrests Wisconsin County Judge
"It's clear that actions like Judge Dugan's are what is required for democracy to survive the Trump regime," said one state lawmaker.
Apr 25, 2025
Federal agents arrested a sitting Wisconsin judge on Friday, accusing her of helping an undocumented immigrant evade arrest after he appeared in her courtroom last week, FBI Director Kash Patel said on social media.
In a since-deleted post, Patel said the FBI arrested 65-year-old Milwaukee County Circuit Judge Hannah Dugan "on charges of obstruction."
"We believe Judge Dugan intentionally misdirected federal agents away from the subject to be arrested in her courthouse... allowing the subject—an illegal alien—to evade arrest," Patel wrote. "Thankfully, our agents chased down the perp on foot and he's been in custody since, but the judge's obstruction created increased danger to the public."
FBI arrests judge in escalation of Trump immigration enforcement effort Federal agents arrested Milwaukee Circuit Court Judge Hannah Dugan on obstruction charges. Dugan is accused of “helping” an immigrant evade arrest. The fascism getting turned up!
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— RootsAction ( @rootsaction.org) April 25, 2025 at 8:05 AM
It is unclear why Patel deleted the post.U.S. Marshals Service spokesperson Brady McCarron and multiple Milwaukee County judges confirmed Dugan's arrest, according to the Milwaukee Journal Sentinel. McCarron said Dugan is facing two federal felony counts: obstruction and concealing an individual.
U.S. Attorney General Pam Bondi discussed the arrest during a Friday morning Fox News appearance in which she opined that judges like Dugan are "deranged" and believe they "are beyond and above the law."
The Journal Sentinel reported that Dugan "appeared before U.S. Magistrate Judge Stephen C. Dries during a brief hearing in a packed courtroom at the federal courthouse" and "made no public comments."
Dugan's attorney, Craig Mastantuono, told the court that "Judge Dugan wholeheartedly regrets and protests her arrest," which "was not made in the interest of public safety."
The FBI had reportedly been investigating allegations that Dugan helped the undocumented man avoid arrest by letting him hide in her chambers.
Here's the magistrate-signed complaint in US v. Dugan. She's charged with two counts, 18 USC 1505 and 1701; it doesn't appear they used a grand jury.
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— southpaw (@nycsouthpaw.bsky.social) April 25, 2025 at 9:13 AM
Wisconsin state Rep. Ryan Clancy (D-19) said in a statement Wednesday that "several witnesses report that [Immigration and Customs Enforcement] did not present a warrant before entering the courtroom and it is not clear whether ICE ever possessed or presented a judicial warrant, generally required for agents to access nonpublic spaces like Judge Dugan's chambers."
Clancy continued:
I commend Judge Hannah Dugan's defense of due process by preventing ICE from shamefully using her courtroom as an ad hoc holding area for deportations. We cannot have a functional legal system if people are justifiably afraid to show up for legal proceedings, especially when ICE agents have already repeatedly grabbed people off the street in retaliation for speech and free association, without even obtaining the proper warrants.
While the facts in this case are still unfolding, it's clear that actions like Judge Dugan's are what is required for democracy to survive the Trump regime. She used her position of power and privilege to protect someone from an agency that has repeatedly, flagrantly abused its own power. If enough of us act similarly, and strategically, we can stand with our neighbors and build a better world together.
Prominent Milwaukee defense attorney and former federal prosecutor Franklyn Gimbel called Dugan's arrest "very, very outrageous."
"First and foremost, I know—as a former federal prosecutor and as a defense lawyer for decades—that a person who is a judge, who has a residence who has no problem being found, should not be arrested, if you will, like some common criminal," Gimbel told the Journal Sentinel.
"And I'm shocked and surprised that the U.S. attorney's office or the FBI would not have invited her to show up and accept process if they're going to charge her with a crime," he added.
FBI has arrested Judge Hannah Dugan in Milwaukee, WI, for "helping an illegal escape arrest." FBI hasn't provided an arrest warrant or criminal complaint, but Judge Dugan already sits behind bars. We told you it would escalate when they disappeared immigrants without due process. This is fascism.
— Qasim Rashid, Esq. ( @qasimrashid.com) April 25, 2025 at 9:21 AM
Julius Kim, another former prosecutor-turned-defense lawyer, said on the social media site X that "practicing in Milwaukee, I know Judge Hannah Dugan well. She's a good judge, and this entire situation demonstrates how the Trump administration's policies are heading for a direct collision course with the judiciary."
"That being said, given the FBI director's tweet (since deleted), they are going to try to politicize this situation to the max," Kim added. "That sounds an awful lot like weaponizing the [Department of Justice], doesn't it?"
The National Women's Law Center (NWLC) was among the groups that condemned Dugan's arrest.
"This arrest is an escalation in the Trump administration's ongoing effort to dismantle the rule of law and consolidate power," NWLC director of nominations and democracy Alison Gill said in a statement. "These aggressive attacks on judges are dangerous."
"President [Donald] Trump has repeatedly shown contempt for the courts and our Constitution, refusing to accept their authority, defying court orders, and encouraging public criticism of due process," Gill added. "The FBI's apparent decision to make an example of Judge Dugan is part of a broader and deeply alarming agenda to silence dissent, incite fear, and erode the very institutions that protect our rights. The Trump administration's lawlessness is a threat to everyone in this country."
Responding to Dugan's arrest, U.S. Sen. Ed Markey (D-Mass.) said on the social media site Bluesky: "The Trump [administration] has arrested a judge in Milwaukee. This is a red alert moment. We must all rise up against it."
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