The following is the second part of a two-part investigative report, including supporting official documents, of several federal agents (from the Immigrations and Customs Enforcement Agency) who were involved with the prosecution – some might say persecution – of Cory Voorhis.

For Part One of the report, click HERE.

To access a complete version of this report in a downloadable, printable PDF file, click HERE.

Last week, Senator Jeff Sessions told Homeland Security Secretary Janet Napolitano that he has become “concerned” with the case of Cory Voorhis. Sessions was familiar with the basic details of the case, including noting that Denver ICE agents have been “determined to have conducted themselves wrongly with regard to (Voorhis)."  In the first half of this report, we discussed two such members of the ICE office (including the specific agent referenced by Senator Sessions).

As if a perjurer and overzealous investigator with a conflict of interest weren’t enough, there are still more bad actors in the Voorhis saga including Denver’s senior ICE agent, Special Agent in Charge ("SAC") Jeff Copp. Copp appears to have perjured himself by saying that his early questioning of Voorhis - who had said he did not want to answer questions on advice of counsel - was appropriate because Copp was not the “deciding official” regarding whether Voorhis would be suspended.  But it is clear from a series of documents that Copp was indeed the deciding official. In testimony in federal court on January 14^th, 2008, Mr. Copp said he had recused himself as deciding official “several months ago.” (See Copp Recusal Evidence, p. 20)

However, an e-mail chain between Copp, Assistant SAC Paul Maldonado, and ICE attorney Robert Erbe, beginning January 2^nd, 2009, discussing a draft “decision letter” to Voorhis which Copp would sign as the deciding official proves otherwise. (Ibid. Pages 1-8.)  In these e-mails they all agree to hold off giving Voorhis the decision letter signed by Copp until after the January 14^th hearing, apparently so Copp’s claim of recusal wouldn’t be proven false at that hearing. A former ICE agent filed official charges against Copp for Copp’s apparent perjury. (see DHS Copp Administrative Inquiry Report) Although the official inquiry said that Copp’s claims of confusion to explain his false recusal were “plausible", the conspiracy among Copp, Maldonado, and Erbe to obstruct justice and suborn perjury seems plain.

ICE Denver ASAC Paul Maldonado, a key player in these intrigues, was found guilty by a DAAP panel of “Lack of Candor” in a matter unrelated to the Voorhis case. (See DHS Report of Investigation dated 11/16/07) Yet in another example of the cover-ups going on in the Denver ICE office, the decision as to his punishment was left to his friend, SAC Jeff Copp. Copp initially proposed that a temporary reprimand be placed in Maldonado’s folder - for an infraction that would often cost federal agents their jobs - and eventually, after an appeal letter from Maldonado, decided to take “no action” on the finding.  (See Maldonado’s Reprimand and Appeal from March and April 2008).

The reason for these cover-ups and promotions-in-lieu-of-firing are clear: the ICE bureaucracy and particularly the Denver office are desperate to rehabilitate their witnesses against Cory Voorhis as a final hearing on his job termination approaches in January.  If one or more of the key witnesses against Voorhis is shown to be a liar (a reasonable suspicion regarding each of them based on ICE’s own investigations), these men and the bureaucracy which has allowed them to remain in place have a lot to lose.

Beyond the damage to Voorhis (and to our national security from his absence) Denver ICE has caused another major problem.  Since Tony Rouco failed a polygraph, he has what is known in law enforcement as Giglio material against him, meaning that for any case in which he is involved as a participant or in swearing out an affidavit subsequent to failing the polygraph, the prosecution has a duty to tell the defense of his having failed the polygraph. An inquiry into whether the US Attorney’s office has sent that Giglio information regarding Rouco to the defense counsels of any people they have successfully prosecuted or whose cases are in progress was met with the following response: “The U.S. Attorney’s Office follows the laws and rules of criminal procedure under Brady and Giglio. We are aware of this obligation, we take it seriously, and we adhere to it…”

According to a source, Rouco was assigned (most likely by Maldonado) to prepare an affidavit in a child pornography case.  If Denver ICE knew of Rouco’s Giglio issues, they should never have compromised the government’s case by involving Rouco.  If they didn’t know, that would represent a tremendous failure by ICE’s own Office of Professional Responsibility (OPR) to supervise and discipline ICE agents. An inquiry to ICE was met with this response: “U.S. Immigration and Customs Enforcement cannot discuss internal administrative issues regarding its employees.  However, ICE holds all its employees to the highest standards of ethics and professional behavior."  It is unlikely that the US Attorney’s office would have allowed Rouco’s participation had they been informed of the taint of Giglio on him.

It is not clear that Cory Voorhis can get a fair hearing at his upcoming Merit System Protection Board appeal of his job termination: According to a government ethics watchdog blog, the Administrative Law Judge who will hear the case, Jeremiah Cassidy, has issued 20 decisions (with 8 more cases settled or dismissed) from the beginning 2009 through the end of October. Of the 20, Cassidy found for the agency, i.e. the government, 19 times. The sole time that Cassidy found for an appellant was a case of non-compliance by an agency with a settlement agreement, something hard to get around even with a pro-government judge.  (Note: The author of the above blog did a search for me to obtain the updated data.)

Cassidy’s bias against Voorhis is already apparent: He is refusing to allow even the presentation of evidence in a hearing regarding Voorhis’ claim that he is entitled to whistleblower protection. Although Cassidy’s initial inclination against Voorhis’ Whistleblower Protection Act claims might be correct, it is nevertheless unusual and irresponsible to bar an appellant from attempting to disprove a judge’s legal conclusions with evidence.  Cassidy also issued a gag order against Voorhis, prohibiting him from talking about almost all of the documents which have been noted in this report. Indeed, Mr. Cassidy appears to believe he has the authority to prevent third parties from discussing the critical facts shown by government records.

The apparent cover-up by ICE management, investigators, and attorneys makes the sanitizing light of day the only realistic treatment for the Denver ICE office’s ongoing disease of cover-up. Cassidy must also fear the clear light of Colorado, as he originally did not plan to attend the hearing in person, opting to participate by video conference. However, pressure from newspaper reports and Congressman Mike Coffman caused him to reconsider.

Perhaps fear of the light of day also explains why ICE attorney Robert Erbe tried to force Voorhis’ appeal hearing to be held in a small room, not open to the public. In an e-mail chain with Voorhis’ attorney, Erbe notes that “MSPB hearings are generally open to the public but there is no such right."  (See Erbe hearing e-mail chain, page 4.) In arguing to exclude the public, Erbe said he has “security concerns” regarding using a larger hearing room. Voorhis’ attorney’s on-target response: “I realize that you work for DHS, but I don’t think that the media and Mr. Voorhis’ family have quite made the terrorist watch list just yet.” However, the same pressure which caused Mr. Cassidy to agree to come to Colorado has also forced Erbe’s hand and he has agreed to find a public meeting room large enough to hold a significant number of public spectators.

Like Manny Olmos, Mr. Erbe seems to have a particular interest in hurting Cory Voorhis. Since July, ICE has avoided paying Cory Voorhis about $25,000 in back pay and interest which they owe him from a settlement they agreed to regarding part of the period when he was suspended.  (It was not a settlement of Mr. Voorhis’ grievances against ICE, nor of his job termination.)  Mr. Erbe is the point man for this foot-dragging, about which Voorhis’ attorney says “I can’t see what it could be other than harassment. ICE’s refusal to adhere to the terms of this settlement agreement constitutes one more example of the bad faith in which they have approached Mr. Voorhis’ case.”

Every major ICE participant in the prosecution of Cory Voorhis has heavy ethical baggage; at least one was found (through an administrative process) to have committed a felony, and it appears he was not the only one - but none has been charged. Let’s not forget that these felonies and rule violations were committed to cover-up a series of terrible, politically-motivated decisions which resulted in Voorhis being charged with a misdemeanor, and unanimously acquitted by a jury.  It’s time for one of our most important federal agencies to come clean…and clean house.  It’s time for our justice system to dispense justice, both for Cory Voorhis and for those who succumbed to the pressure of the Colorado Democratic machine to ruin a good man’s life with their corruption and cover-ups.

More information about Cory Voorhis’ story can be found at http://www.corylegaldefense.com