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ICE Agent Charged With Exceeding Authority Claims Discrimination
Argues DA Employee Accessed Federal Database With No Prosecution
POSTED: 10:49 am MST November 7, 2007
UPDATED: 6:23 pm MST November 7, 2007
DENVER -- CALL7 Investigators have learned an agent with Immigration and Customs Enforcement argued that federal prosecutors violated his rights and discriminated against him when they charged him with three misdemeanor counts in the wake of political commercials aimed at now Colorado Gov. Bill Ritter.Agent Cory Voorhis is accused of leaking confidential information to the gubernatorial campaign of Republican Bob Beauprez and overstepping his authority to access the National Crime Information Center database, or NCIC.Voorhis allegedly gave the Beauprez campaign information that was used in a television ad against the Democrats candidate for governor, Bill Ritter.
The information Voorhis is accused of illegally accessing involved the arrest and plea bargain of an illegal immigrant who was later accused of committing crimes under another name, instead of being deported or prosecuted by Ritter's office, for his previous crimes in Colorado.Ritter was, at one time, the district attorney for Denver.In a federal court filing on Tuesday, defense attorneys claimed government prosecutors "isolated and singled out" Voorhis in contrast to others "accused of NCIC misuse."The "others" were not named in the federal filing, but are described as an employee of the Denver District Attorney's Office and an investigator with the Harris County, Texas, district attorneys' office.Voorhis' defense offers evidence that both people accessed the exact same information, for political reasons, in the days following Voorhis' initial query but neither was charged by government prosecutors.Voorhis also contends that his access of the NCIC database was for legitimate law enforcement purposes and that Voorhis was "concerned that individuals on the list might flee to evade arrest or deportation."Voorhis claims his prosecution violated his "First Amendment right to speak about political elections and other matters of public concern without being punished."The federal court filing goes on to say, "The provision of information was consistent with agency guidance Voorhis had received from his supervisors and others, including written guidance reciting that unlawful foreign nationals do not enjoy Privacy Act protections and that a foreign national's immigration status, nationality and entry/departure information are exempt from Privacy Act protections and available for release to the general public and media."Government prosecutors disagree, writing in a similar court filing that Voorhis "intentionally exceeded his authorized access to a computer and obtained information from an agency of the United States ... while acting outside his official capacity as an ICE agent."In a statement to 7NEWS, supporters of Voorhis called "Cory Legal Defense" claim "Gov. Bill Ritter and some of his key associates in the Denver DA’s office may themselves have violated the same laws Voorhis is charged violating is evidence of a double standard."The group is calling for a federal grand jury to investigate the allegations.Gov. Ritter's office told 7NEWS, ""This is a desperate attempt by a criminal defendant to get these charges against him dismissed. This is also a criminal defendant who essentially admits to committing a crime in this motion. Furthermore, the motion also seems to implicate the Colorado Republican Party in another inappropriate breach of a federal government database."As for the district attorney employee mentioned as also accessing the database, the DA's office told 7NEWS, "There is no comparison between our accessing NCIC and what Mr. Voorhis allegedly did. This was authorized lawful access that was performed in the course of official duties. In that time period the spokesperson for the Denver DA received numerous media inquiries about the DA's involvement and this defendant. Our office accessing both CCIC and NCIC was a result of attempting to respond to inquiries about the defendant and his case involvement with the Denver DA. There was nothing criminal in the Denver DA's access to the criminal databases. Our access was completely lawful and authorized."
Previous Stories:
- October 26, 2007: Federal Agent Charged After Probe Into Political Ad
- October 23, 2006: Beauprez' NCIC Claim Called Into Question
- October 20, 2006: Beauprez Calls Source 'Courageous Whistleblower'
- October 19, 2006: Source: Denver Federal Agent ID'd In Attack Ad Leak
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