Judge charged for helping undocumented immigrant

A state judge in Massachusetts was indicted Thursday for refusing to allow ICE to take custody of an undocumented immigrant, according to court papers.
4:40 | 04/25/19

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Transcript for Judge charged for helping undocumented immigrant
The charges stem from in incidents on April 2 2018. In Newton district court. Which judge Joseph presided over the arraignment of a person referred to in the indictment as a yes. AS had been arrested on drug charges and a charge of being a fugitive from justice. He was also in the country illegally having been administratively arrested and deported twice before. After learning it AS is arrests federal immigration authorities and immigration to Tina and warrant for removal to the Newton police department. The new police department then transferred custody at AS to Newton district court along with that paperwork. Which was forwarded to the clerk's office to the assigned PGA. To the probation Department of Defense attorney and two others. Ice and dispatched a single federal officer in plain clothes. To take custody of AS after his release from Newton district court. When the officer got to the courthouse he announced his identity and her and his purpose in being there to various courthouse personnel. Including a court clerk who then told judge Joseph the federal officer and sat in the public audience area of the courtroom. Waiting for us this case to be call. Just before the afternoon court session however judge Joseph through her clerk. Instructed the federal officer to leave the courtroom and wait outside. According to the indictment does violated Massachusetts trial court rules binding judges. The federal officer complied and went out to law. According to the indictment and yes is case was called the proceedings were captured in the courtrooms recording equipment. Except for the approximately 52 seconds we're judge Joseph ordered the court clerk to turn off the recording device. This tube violated trial quirk. As you'll see alleged in the indictment. During the arraignment AS is defense turning. Told judge Joseph that it AS was released ice would pick enough. Judge Joseph replied quote. Ice is gonna get him unquote and seconds later ordered the recording equipment turned off. The judge and defense attorney then conspired to have a yes released at the back door of the courthouse to avoid the ice officer. When the recorder was turned back on defense counsel asked for permission to accompany any us downstairs to lock up on a pretext. To which judgeships have agreed. The court clerk then observed. But representative of ice was present. To which Joseph replied quote that's following a knock and allow them to coming here but he's released them this uncle. Immediately following the proceeding court officer McGregor escorted AS downstairs to lock up accompanied by the defense attorney and an interpreter. Once downstairs. Macgregor opened the back door to the courthouse and released yes. Yeah ice officer who was told to wait outside the courtroom in the lobby. Did not know that AS have been released and and accept their waiting for someone who was in fact already gone. In short. The grand jury has found probable cause that a judge intentionally interfered with the federal investigation. They're letting a fugitive out the back door of the courthouse. So the feds would knock it. Now there are two things that this case is not about. First this is not a referendum on the Massachusetts trial court. State child court staffed with capable. Professional terrorists working in the public interest of limited resources. This matter is Miller. Second I know this may seem counter intuitive to some this case is not about immigration. Is about the rule of law. Over the last year more than I would like. I can compel to remind the public that we don't get to pick and choose. The federal laws that we follow. The allegations and face indictment involving intentional interference. With federal officers in the course of their duties. That is a crime it makes no difference to me the federal laws involved or immigration laws drug laws tax laws or anything else. The law must apply to all of us even the rich and famous. Today I would ask that it must apply to the privilege and the powerful. From certain quarters I've heard the occasional gasp of dismay. Or outrage at the notion of holding a judge accountable for violating federal law. But the law is not applied equally it cannot credibly be applied to anyone.

This transcript has been automatically generated and may not be 100% accurate.

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