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FBI director posts photo of arrested Wisconsin judge’s perp walk, possibly violating DOJ policy
FBI Director Kash Patel posted a photo on X Friday night of the Wisconsin judge who was arrested for allegedly obstructing immigration agents while she was handcuffed, being escorted to a vehicle by officials.
The photo of Milwaukee County Circuit Judge Hannah Dugan does not show her face, but shows her being escorted by three law enforcement agents in a perp walk. The caption by Patel read, “No one is above the law.”
According to the Confidentiality and Media Contacts Policy* listed on the Justice Department’s website, DOJ personnel “should not voluntarily disclose a photograph of a defendant unless it serves a law enforcement function or unless the photograph is already part of the public record in the case.”
Former Attorney General Eric Holder, who implemented the policy during the Obama administration, worked during his tenure to make it more difficult for members of the media to obtain photos of defendants, such as mug shots.
Holder told CNN that Patel’s social media post violates this policy.
“Whatever the issues with what the judge did, they’re trying to maximize intimidation,” Holder said in a statement to CNN.
FBI Director Kash Patel posted a picture on X of Judge Hannah Dugan, the Milwaukee County Circuit judge who was arrested by the FBI on Friday, April 25, and charged in federal court for allegedly helping an undocumented immigrant avoid arrest. Portions of the image were obscured in Patel's original post.
It is unclear following Patel’s post on X if current Attorney General Pam Bondi has changed the conduct policy for Justice Department personnel regarding photos of defendants.
“The arrest is the point,” Craig Mastantuono, an attorney for Dugan, told CNN in an interview. “It’s a clear departure of the policy. There was no threat to public safety. She was not afforded the chance to come in and offer her side of the story.”
Dugan was arrested by the FBI on Friday and is facing two charges for obstruction and concealing an individual from arrest. Dugan had an initial court appearance on Friday and was released from detention following the hearing.
The FBI has not responded to comment on the director’s post.
This story has been updated.
https://www.cnn.com/2025/04/26/politics/patel-wisconsin-judge-photo-violate-conduct/index.html
*1-7.100 – General Need for Confidentiality
Much of DOJ’s work involves non-public, sensitive matters. Disseminating non-public, sensitive information about DOJ matters could violate federal laws, employee non-disclosure agreements, and individual privacy rights; put a witness or law enforcement officer in danger; jeopardize an investigation or case; prejudice the rights of a defendant; or unfairly damage the reputation of a person.
DOJ personnel should presume that non-public, sensitive information obtained in connection with work is protected from disclosure, except as needed to fulfill official duties of DOJ personnel, and as allowed by court order, statutory or regulatory prescription, or case law and rules governing criminal and civil discovery. Other than as necessary to fulfill DOJ official duties, disclosure of such information to anyone, including to family members, friends, or even colleagues, is prohibited and could lead to disciplinary action. Unauthorized disclosures of sensitive personal or proprietary information could lead to criminal prosecution or administrative action.
[updated April 2018]
https://www.justice.gov/jm/jm-1-7000-media-relations#1-7.110
Legal Photos of Arrested Judges
Taking pictures of someone getting arrested, including a judge, is generally legal if it occurs in a public space and you are not interfering with law enforcement activities. However, the specifics can vary depending on local laws and the circumstances of the arrest. It is important to ensure that you are not violating any privacy laws or obstructing justice during the process.
https://www.quora.com/Is-it-illegal-to-take-pictures-of-someone-getting-arrested-in-Florida
https://www.thelockelawgroup.com/blog/2023/july/when-is-it-a-crime-to-take-a-video-or-a-photogra/
Taking Pictures of Arrests in Wisconsin
In Wisconsin, you have the right to photograph things that are plainly visible in public spaces, including police and other government officials carrying out their duties.
This means you can legally take pictures of arrests happening in public areas. However, it is important to stay at a safe distance and not interfere with the police or the arrest process. If you are asked to stop taking pictures, consider the context and your safety before continuing. Always be aware of your surroundings and the potential risks involved in photographing law enforcement activities.
https://www.acludc.org/en/know-your-rights/if-stopped-photographing-public
https://inthestreets.co/laws/wisconsin-street-photography-laws/