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by sasmithjr 423 days ago
> [Dugan allegedly] escorted the them through a private back door to avoid arrest.

According to the complaint [0] on page 11, Flores-Ruiz still ended up in a public hallway and was observed by one of the agents. They just didn't catch him before he was able to use the elevator.

INAL but I don't think "Dugan let Flores-Ruiz use a different door to get to the elevator than ICE expected" should be illegal.

[0]: https://static01.nyt.com/newsgraphics/documenttools/3d022b74...
1 comments
lolinder 423 days ago
The outcomes are immaterial to the legal question of obstruction, the only factors are knowledge of the warrant and intent to help him escape. If he successfully avoided arrest but it cannot be proven that the judge intended that outcome, then she is not guilty of obstruction. If he got caught anyway but the judge intended to help him escape, that's still obstruction.

https://www.law.cornell.edu/wex/obstruction_of_justice

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fc417fc802 422 days ago
As noted by the linked page those are minimum requirements. The relevant law regarding obstruction [0] is USC 18 §1505 [1]. It isn't immediately obvious to me that it was violated.

The first paragraph only appears to apply to physical evidence. The second paragraph appears to require more than merely assisting someone.

> Whoever corruptly, or by threats or force, or by any threatening letter or communication

The latter two obviously don't apply so that only leaves the former. Did the judge act "corruptly"?

The other law cited in the complaint is USC 18 §1071 [2] and the question would be if leading someone to an alternate pathway constitutes either harboring or concealing the individual. I don't feel like letting someone out my backdoor constitutes "concealing" a person as the term is commonly used. As an example, hiding someone in a closet and then telling the officers that he isn't in the building would obviously qualify.

[0] https://static01.nyt.com/newsgraphics/documenttools/3d022b74...

[1] https://www.law.cornell.edu/uscode/text/18/1505

[2] https://www.law.cornell.edu/uscode/text/18/1071

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