In a moment that cut through partisan noise, former FBI Director Andy McCabe appeared on CNN and made a startling admission: the federal case against Wisconsin Judge Hannah Dugan stands on solid legal ground.
Dugan, who was arrested for allegedly assisting an illegal alien in evading federal immigration authorities, has become a flashpoint for controversy, igniting fierce backlash from Democrats who have long touted the mantra that "no one is above the law."
While McCabe conceded that the charges against Dugan are "not an unreasonable complaint," he also expressed deep discomfort with how the Department of Justice handled her arrest. Yet his acknowledgment of sufficient evidence to move beyond the probable cause phase undercuts much of the political outrage surrounding the case. In the legal world, that is no small concession—especially from a figure who was once targeted by President Trump himself.
According to McCabe, it was not the merit of the charges but the manner of Dugan's apprehension that drew his ire. He pointed out that, traditionally, respected community figures facing non-violent charges are allowed the courtesy of self-surrendering at arraignment.
Dugan was not afforded that option. Instead, federal agents arrested her publicly—a decision McCabe characterized as "performative cruelty" by the Trump-aligned Department of Justice.
🚨McCABE: Judge Dugan case is solid legally, but the way she was arrested was “unprecedented” and “performative cruelty."
"These things are unprecedented, typically upstanding members of the community who have no criminal history and aren't accused of a violent act are allowed… pic.twitter.com/1U8EnE8jqs
— Western Lensman (@WesternLensman) April 26, 2025
“These things are unprecedented,” McCabe said, arguing that the Justice Department’s approach broke with tradition and exhibited unnecessary harshness. “Typically upstanding members of the community who have no criminal history and aren’t accused of a violent act are allowed to self-surrender.”
Still, critics were quick to highlight the apparent double standard in outrage. As one commenter, Cash Loren, dryly noted, “These same people were fine with the FBI doing a predawn raid on Trump’s residence heavily armed with permission for deadly force order.”
The irony is hard to miss. The outrage over Judge Dugan’s arrest for allegedly obstructing federal law enforcement is unfolding at the same time Democrats continue to defend far harsher treatment directed at figures from the Trump administration and the former president himself. Once again, the rule of law finds itself pulled into the undertow of political gamesmanship.