CNN LOU DOBBS TONIGHT Aired January 13, 2009 - 19:00 ET
LOU DOBBS, CNN ANCHOR: The ACLU continues to advocate for the rights of illegal immigrants over American citizens. An official may have tried to threaten a Colorado judge. It's a story you'll only see on this broadcast. Casey Wian has our report.
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CASEY WIAN, CNN CORRESPONDENT (voice-over): Law enforcement officials in Weld County, Colorado, allege 1,300 illegal aliens used stolen identities to receive $2.7 million in improper federal tax refunds. Now the ACLU has taken up the case of the tax preparer who filed all of the returns. She has not been accused of wrongdoing, but the ACLU says she want her client's tax forms back and is planning to sue for invasion of privacy, this after a Colorado judge threw out criminal charges against one of the defendants and ordered arrests halted. He said local authorities appeared to be intruding on a federal issue, because their evidence is mostly based on federal tax returns, and he raised privacy concerns. County Prosecutor Ken Buck who is leading the investigation, dubbed operation numbers games, has filed 130 criminal charges so far. He's been frustrated by the judicial delays.
KEN BUCK, WELD COUNTY, COLO. DA: Any time you're dealing with illegal immigration cases or illegal immigrants having committed crimes, there is a concern about individuals leaving the jurisdiction. These particular defendants are highly qualified at assuming other identities, and so I think it's easier for them to pick up and move.
WIAN: Last week, an existing grand jury indicted five new defendants, clearing they way for arrest warrants in those cases. Prosecutors then requested a separate grand jury to investigate all the cases. Grand juries have a different standard for prosecution, one Buck believes would allow the disputed tax returns. But Mark Silverstein, the Colorado ACLU's legal director, wrote the judge who was considering appointing the grand jury. The letter warns of the tax preparer's planned lawsuit and then says to the judge, "It is unusual for me to write a letter like this but I wanted to provide you with a heads up in case it may inform your decision about whether to convene a grand jury or when to schedule it." Legal experts agree it is unusual, but not necessarily improper.
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WIAN: We called Silverstein to ask if the letter was an attempt to persuade the judge not to convene the grand jury if that was the intent, it failed. He agreed not to seat just one, but two grand juries to investigate all 1,300 I.D. theft cases Lou?
DOBBS: He can say whatever he wants to. I can't imagine what it would be if it were not an attempt to intimidate the judge with the possibility of legal action.
WIAN: What was really surprising to me, Lou, when I first read this letter, I thought this was outrageous. But the legal experts I spoke with says it's not necessarily improper. It's just attorneys advocating for their client and this kind of stuff goes on more than we know.
DOBBS: Well, the fact that he convened not one, but two grand juries tells you why it is unusual, but it obviously backfired in this case. Casey, thank you very much. Casey Wian.
