United States v. Joseph

United States v. Shelley M. Richmond Joseph and Wesley MacGregor (2019) is the federal criminal prosecution of a Massachusetts state court judge (Joseph) and court officer (MacGregor) for helping a state court defendant evade federal immigration authorities by allowing him to leave a court hearing through a courthouse back door. Both Joseph and MacGregor are charged with conspiracy to obstruct justice, aiding and abetting obstruction of justice, and aiding and abetting obstruction of a federal proceeding. MacGregor is also charged with perjury for giving false testimony in grand jury proceedings. Joseph faces 20 years in prison; MacGregor, 30. Both could be fined $250,000.

United States v. Shelley M. Richmond Joseph and Wesley MacGregor
CourtUnited States District Court for the District of Massachusetts

On April 2, 2018, an agent from U.S. Immigration and Customs Enforcement (ICE) arrived at the Newton District Court in Newton, Massachusetts in order to detain a suspected undocumented immigrant who was appearing as a defendant that day on state court charges. According to federal prosecutors, Joseph and MacGregor helped the defendant evade detention by allowing him to leave the courthouse through a rear exit while the ICE agent waited in the front lobby. A grand jury investigation began within weeks and on April 25, 2019, Joseph and MacGregor were indicted. Joseph surrendered to authorities and MacGregor was arrested at home. Both pled not guilty and were released without bail. MacGregor retired and Joseph is on administrative leave with pay pending trial. A motion to dismiss filed by Joseph was denied, and as of July 2020, no trial date has been set.

Federal prosecutions of state judges in the United States are extremely rare. This is the first prosecution of a sitting Massachusetts judge since 1787, when a judge was prosecuted for helping rebels in Shays' Rebellion. The case comes amid escalating tensions between the Trump administration and so-called "sanctuary cities" such as Newton, where local officials have openly refused to enforce the administration's immigration policies. Reactions to the prosecution are divided, and the case has resulted in legislation and additional lawsuits brought by both supporters and opponents, seeking to either loosen or strengthen enforcement of federal immigration laws in local courtrooms.

Background

Massachusetts courts blatantly and willfully disregard ICE's requests to detain aliens on a daily basis, and cannot be relied upon to honor our requests.

— Internal email written by an official in ICE's Boston field office[1]

Since taking office in 2017, the Republican Trump administration has prioritized reducing illegal and legal immigration, increased deportations, and revoked protections for immigrants allowed to stay in the United States.[2][3] Democrats, immigration advocates, and others, have resisted these policies, believing they are unfair and antithetical to American values.[3] Trump has regularly criticized "sanctuary cities" and states that have refused to cooperate with federal immigration enforcement.[2] In 2018, Trump publicly urged then-Attorney General Jeff Sessions to bring charges for obstruction of justice against Oakland, California mayor Libby Schaaf for warning Oakland residents about an impending raid by the federal federal Immigration and Customs Enforcement (ICE) agency.[1] By April 2019, the Trump administration was in a "standoff" with sanctuary cities over local enforcement of Trump immigration policies.[4] That month, Trump suggested busing migrants from the US border to sanctuary cities, which critics called callous and allies called impractical.[2]

Though not the first or only state where local officials have refused to enforce Trump's immigration policies,[5] Massachusetts has been a leading state in the sanctuary city movement.[1] The legal fight over ICE detentions has strained the state court system.[1] Massachusetts state courts passed legal rulings limiting the ability of ICE agents to detain immigrants at state courthouses. According to a retired state court judge, federal immigration authorities were "furious"[1] at the Massachusetts Supreme Judicial Court (SJC), the state's highest court, for a 2017 ruling that state courts could not hold people solely because of ICE detainers.[2][6][lower-alpha 1] The SJC ruled that state law enforcement officials lacked the authority under state law to detain a person based on an ICE detainer.[8] Massachusetts courts have also issued rules requiring judges and their staff to neither assist nor obstruct federal immigration authorities.[7]

In response to the 2017 SJC ruling, Massachusetts Governor Charlie Baker, a Republican, filed legislation that would have given state officers authority to honor ICE detainer requests for criminal suspects and convicts.[8] Republicans in the Massachusetts House of Representatives have also introduced similar bills and budget amendments. As of April 2019, none have passed.[8]

Thomas Homan

In 2018, ICE's then-acting director Thomas Homan issued a policy directive allowing agents to enter state courthouses to arrest unauthorized immigrants.[9][7] Judges, lawyers, and other advocates criticized the Trump administration for increasing courthouse arrests of immigrants, arguing it disrupts the criminal justice system, "scaring people away from halls of justice".[10] The Trump administration resisted calls to designate courthouses, like schools and places of worship, as "sensitive locations" that are free from immigration enforcement, arguing that courthouse arrests are safer for agents because visitors are screened by metal detectors before entering a courthouse.[10]

People involved

Shelley Joseph

Massachusetts state district court judge Shelley Richmond Joseph graduated from Boston College in 1989 with a degree in political science and romance languages. She attended New England School of Law, graduating in 1992.[11] Prior to becoming a judge, Joseph worked for 25 years[4] as both a prosecutor and defense attorney.[1][9]

In the 1990s, Joseph served a term on the Massachusetts Democratic State Committee. She worked on Bill Clinton's 1992 presidential campaign.[1][11] After the campaign, she briefly worked for Marc Pacheco as legislative counsel. In 1993, she joined the Massachusetts Attorney General's office, where she worked as an assistant attorney general until 2000, under former Massachusetts Attorney Generals Scott Harshbarger and Thomas Reilly.[11] After the Attorney General's office, Joseph worked for Boston law firm Swartz & Swartz for a short time, before she and her husband founded a law firm, Joseph & Joseph, in 2003.[4][11] Joseph's practice focused on criminal defense.[11]

In the fall of 2017, Joseph was nominated for a judgeship by Republican governor Charlie Baker.[1][9][11] Nobody spoke in opposition at her nomination hearing on October 11, 2017. She was approved unanimously by the Massachusetts Governor's Council in October,[11] and was sworn in five months prior to the incident.[1] Joseph worked as an associate justice of the district court in Framingham, where she presided over cases involving misdemeanors and minor felonies.[1] She occasionally worked at the district court in Newton as a visiting judge.[1]

Joseph was 51 at the time she was indicted.[4][12] While the case proceeded, Joseph trained for her fourth marathon.[1]

Wesley MacGregor

Wesley MacGregor, a former court officer, was 56 when he was indicted.[5][12] MacGregor retired as a court officer in March 2019.[13]

Jose Medina-Perez

Jose Medina-Perez, a 38-year-old undocumented immigrant from the Dominican Republic,[9][4] had been arrested in Newton, a sanctuary city since 2017,[14] on March 30, 2018 on narcotics possession charges and for being a fugitive from Pennsylvania.[1][5] Medina-Perez, who also used the name Oscar Manuel Peguero,[9][15] was linked to an eight-year-old drunk driving warrant from Pennsylvania. However, both the state prosecutor and the defense attorney agreed that Medina-Perez was not the same person who was wanted in Pennsylvania. Medina-Perez was held at a jail in Billerica.[1] His fingerprints matched with someone who was deported from the US twice, in 2003 and 2007, and barred from re-entering the US until 2027.[1][9][4] ICE issued a detainer for Medina-Perez after learning of his detention when his fingerprints were submitted to a national law enforcement database by local police.[4]

Alleged release of state court defendant
Boston
Newton
Newton is a suburb of Boston, Massachusetts

On April 2, 2018, Medina-Perez was brought to the Newton District Court, described by The New York Times as "a sleepy, two-room courthouse in a wealthy, liberal suburb."[1] According to the indictment, at 9:30 a.m., a plainclothed[16] ICE officer arrived to observe the hearing and detain Medina-Perez if he were released.[1] The hearing began at 2:48 p.m.[17] While Medina-Perez was sitting in a glass prisoner's dock next to the judge's bench, Joseph told the court clerk to ask the ICE officer to exit the courtroom and wait outside in the lobby. According to Joseph, she was complying with Newton District Court's established policy at the time.[1] According to the indictment, the ICE officer was told that if Medina-Perez were released, he would leave through the lobby.[5]

Joseph held a sidebar conference with the state prosecutor and Medina-Perez's defense attorney.[1][5] Medina-Perez denied being wanted by ICE.[5] Medina-Perez was eligible to be released on bail bond, and during the sidebar conference, Medina-Perez's attorney told Joseph that Medina-Perez had an ICE detainer, and that if he were returned to the Billerica jail and released from there, ICE would apprehend him. Joseph instructed the court clerk to deactivate the audio recorder in the courtroom, allegedly in violation of Massachusetts courtroom rules. The recording remained off for 52 seconds.[1]

According to the indictment, the recorder was reactivated at 2:41 p.m.[17] The state prosecutor asked Joseph to dismiss the fugitive warrant because Medina-Perez did not resemble the mugshot of the Pennsylvania fugitive.[9] Joseph granted the request and the fugitive charge was dismissed.[1][5] The drug possession charge did not require Medina-Perez to be held in custody,[9] and would be the subject of a pre-trial conference held at a later date.[12] Joseph ordered Medina-Perez to be released.[1][5]

Medina-Perez's attorney told Joseph that Medina-Perez had some property "downstairs", and asked for permission to speak with Medina-Perez "downstairs with the interpreter".[1] According to the indictment, Joseph ordered Medina-Perez to exit through the basement lockup facility. MacGregor escorted Medina-Perez, his attorney, and an interpreter to the court's basement lockup facility, where at 3:01 p.m. he used his security access card to open a rear exit to a public parking lot and allow Medina-Perez to leave the courthouse.[1][5][17] The ICE officer was not informed and remained in the lobby until the court closed at 4:30 p.m. The New York Times reported that Medina-Perez "climbed over a fence at the back of the courthouse parking lot."[1] He was arrested by police again later the same month, and again faced deportation.[9]

Pre-trial proceedings
US v. Joseph is pending in the United States District Court for the District of Massachusetts, housed in the John Joseph Moakley United States Courthouse in Boston

News of Medina-Perez's release from custody reached ICE headquarters in Washington, D.C. within hours. ICE's then-director of enforcement and removal operations Matthew Albence informed acting ICE director Thomas Homan later that day. Homan believed it was clearly obstruction of justice, but ICE did not have the legal authority to prosecute; only a US Attorney could seek an indictment. According to The New York Times, "The idea of such a prosecution was popular in Washington."[1] A grand jury was convened within weeks and proceedings continued for a year.[4] MacGregor testified before the grand jury on July 12, 2018.[17] On December 1, 2018, The Boston Globe reported that a grand jury was investigating Joseph for obstruction of justice.[14][18]

Indictment and plea

On April 25, 2019, Joseph and MacGregor were indicted and charged with conspiracy to obstruct justice (Count I), aiding and abetting obstruction of justice (Count II), and aiding and abetting obstruction of a federal proceeding (Count III).[1][5][19] MacGregor was also charged with perjury (Count IV) for lying to the grand jury,[5] by allegedly telling them he was unaware of Medina-Perez's ICE detainer.[20] Prosecutors also allege that MacGregor made "false statements" to state judges investigating the matter about the reason for the courtroom recorder being disabled.[4] MacGregor allegedly said the reason was "unfamiliarity" with the equipment.[4] Joseph faces 20 years in prison; MacGregor, 30. Both could be fined $250,000.[5]

Joseph surrendered herself to authorities. MacGregor was arrested at his home. Prosecutors said they were unable to reach him before officers arrived to arrest him.[4]

Joseph and MacGregor pleaded not guilty.[5] Both Joseph and MacGregor were released without bail. MacGregor was required to surrender his licensed firearm, and both he and Joseph were required to surrender their passports and were restricted from traveling outside the US.[4]

In July 2019, federal prosecutors offered Joseph and MacGregor a plea deal.[21][22] The offer to Joseph would have required her to admit to violating federal law, but allowed her to avoid prosecution.[1] Joseph rejected the offer;[1][21][22] as of July 25, 2019, MacGregor had not yet responded the offer.[21][22]

The Massachusetts Supreme Judicial Court (SJC), the state's highest court, suspended Joseph without pay[5][14] on the day she was indicted.[23] She asked the SJC to restore her pay and allow her to work on administrative tasks for the courts while the case against her proceeded.[24] Lawyers' and retired judges' groups supported Joseph's request.[25] The SJC held a hearing on June 26, 2019.[24]

On August 13, 2019, in a 43-page, 5–1 decision,[25][26] the SJC ordered the restoration of Joseph's $181,328 salary,[23][27][25] with benefits and $51,000[28] in backpay retroactive to April 25, 2019.[29] Chief Justice Ralph Gants wrote for the court, "In turbulent times, the risk of being stripped of a paycheck may have a chilling effect on a judge’s willingness to challenge the conduct of a prosecutor and thereby diminish the overall independence of the judiciary."[1][29][25][30][26] The sole dissenting justice, Frank Gaziano, wrote that the court's decision "smacks of preferential treatment, and thereby erodes public confidence in the judiciary".[29][30][31] Although Joseph's salary was restored, the SJC unanimously voted against her request to be assigned to administrative duties during her suspension.[29]

Judge Joseph was suspended without pay after her indictment and the State of Massachusetts paid legals fees, amounting to $127,000 prior to the indictment being handed down. Joseph was suspended without her $184,600 annual salary and a GoFundMe campaign was created to help the judge pay legal fees. Wesley MacGregor has also received $2,500 for legal fees from the state.[32]

Motion to dismiss

In September 2019, Joseph filed a motion to dismiss the charges against her, which she called "unprecedented", asserting that "no state judge has ever been prosecuted for not facilitating the immigration policies of the federal government".[33] A group of 61 retired Massachusetts judges, together with US law professors and others,[34] filed an amicus curiae brief in support of the motion to dismiss, arguing that "Occasionally frustrating the expectations of the executive branch is a core function of an independent judiciary." The brief contended that Joseph wasn't obstructing justice but ensuring it, and that "if Judge Joseph is prosecuted, every Massachusetts judge in every Massachusetts courthouse will feel a constant external pressure to refrain from actions that might antagonize federal officials".[35][36] The court denied the motion on July 27, 2020.[37]

Impact and reactions

Nationwide, federal prosecutions of state judges are exceedingly rare.[38][39][40] Joseph's indictment was the first time a sitting judge was indicted for criminal behavior in Massachusetts since 1787, when a judge was found guilty of libel and removed from the bench for defending farmers involved in Shays' Rebellion.[1][16][41] The "closely-watched case"[25] drew national attention[27][42] and sparked a debate about states refraining from carrying out the "increasingly tough"[43] immigration policies of the Trump administration.[1] An article in USA Today described it as "an unusual escalation in the federal government's strict immigration enforcement policy, and its battles with states and local governments that shelter migrants".[4] Fox News commentator Laura Ingraham described the case as an example of "activist judges undermining Trump's immigration policies".[39]

US Attorney Andrew Lelling led the prosecution

The New York Times reported that some members of Massachusetts's legal and immigration rights community have "kept a distance" from Joseph, "in part because the evidence against her was damning", but that "legal heavyweights have rallied in her defense," arguing that United States Attorney for the District of Massachusetts Andrew Lelling, who oversaw the prosecution, "crossed a line by indicting a state judge, inviting the use of federal power to intimidate state officials into compliance." Boston newspapers have reported regularly on the case. One letter-writer to The Boston Globe compared Joseph with Henry David Thoreau and Martin Luther King Jr. Writing in The Boston Herald, right-wing radio host Howie Carr called Joseph "a lawless, privileged moonbat judge ... hoping for an O. J. Simpson-like jury nullification from 12 Democrats afflicted with Trump Derangement Syndrome."[1]

Supporters of Joseph warned that the federal case will lead to the prosecution of more judges, undermining judicial independence.[1] Massachusetts Attorney General Maura Healey criticized the indictment as "a radical and politically motivated attack on our state and the independence of our courts"[2][4][5][13] and "misuse of prosecutorial resources".[14][20] Lelling denied that the indictment was meant to send a political message, saying, "We did not bring this case in response to the public debate over immigration enforcement".[2]

The Massachusetts chapter of the American Civil Liberties Union (ACLU) described the case as "preposterous, ironic, and deeply damaging to the rule of law," saying the decision "seems to have little to do with the actual facts, and everything to do with enforcing the president's anti-immigrant agenda".[13] Massachusetts ACLU director Carol Rose called the case "outrageous", saying that Joseph must prioritize ensuring fair access to justice, and that ICE agents posted in courthouses could deter immigrants from going to court or reporting crimes, depriving them of their right to justice.[44][20] After the indictment, Rose called on the Massachusetts state legislature to pass the Safe Communities Act (H.3724), also known as the "Access to Justice Bill", which would reduce state law enforcement's ability to coordinate with ICE.[44]

During grand jury investigations in December 2018, Massachusetts Governor Charlie Baker called for Joseph to be temporarily removed from office.[9] Baker supported Joseph's suspension following her indictment, issuing a statement saying that "no one should obstruct federal law enforcement officials trying to do their jobs" and noting that his administration "has filed legislation to allow court officials as well as law-enforcement to work with federal immigration officials to detain dangerous individuals."[12]

In April 2019, two Massachusetts district attorneys filed a lawsuit against ICE to stop its practice of apprehending people at Massachusetts courthouses.[45][38][46] The lawsuit said the arrests deter victims and witnesses from seeking relief from and cooperating with the courts. According to the suit, ICE's courthouse arrests violate defendants constitutional rights and have prevented some immigrants from receiving court-ordered drug and mental health services, and caused others to violate their probation or otherwise default on court orders.[46] On June 20, 2019, federal judge Indira Talwani granted a preliminary injunction in the case temporarily prohibiting ICE agents from making arrests at Massachusetts courthouses.[47][42] By July 2019, the lawsuit was being pursed by a coalition of district attorneys, public defenders, and other advocates.[22]

Notes
  1. ICE detainers are written requests from the agency to local jail officials or other law enforcement to detain an individual up to 48 hours after their release in order for ICE agents to take the individual into federal custody. Compliance with ICE detainers is not required, unlike federal warrants.[7]

References
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