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SALT LAKE CITY — Utah's former chief deputy attorney general Kirk Torgensen was fired from the attorney general's office on Friday.
Torgensen was demoted from his No. 2 position in the office last December, when Utah Attorney General Sean Reyes took office.
He has been on paid administrative leave since April 9, pending the results of ongoing internal investigations of his involvement, if any, in the problems that led to criminal charges against former Attorneys General John Swallow and Mark Shurtleff.
"Kirk Torgensen is no longer employed with the attorney general's office," said spokeswoman Missy Larsen, but she declined to say why Torgensen was ultimately let go.
Brett Tolman, Torgensen's attorney, said Torgensen was terminated as an at-will employee without cause. Tolman called it an unfortunate decision by Reyes.
"I know the attorney general wants to be seen as cleaning house but there's a way to do that without necessarily throwing someone under the bus that shouldn't be thrown," Tolman said. "And Kirk Torgensen is that person."
I know the attorney general wants to be seen as cleaning house but there's a way to do that without necessarily throwing someone under the bus that shouldn't be thrown.
–Brett Tolman, Torgensen's attorney
Tolman said he requested that Torgensen be put in an another position to continue working and that Torgensen was planning to retire in August.
"But to fire him a few days before Christmas and only 8 months before his retirement, I think it's shameful," Tolman said.
Tolman believes Torgensen is entitled to due process and is something he and his client will request.
"That he gets a hearing, that he is a whistleblower and that he was not a political appointee but an employee that's entitled to due process before you terminate him," Tolman said.
Tolman said if Torgensen is being fired for political reasons, he has a strong case for inappropriate termination.
A search warrant released in April in the case against Shurtleff and Swallow alleged Torgensen deleted emails and was believed to be pertinent in the investigation of the two former Utah attorneys general. Torgensen's cell phone was confiscated as part of that review.
A warrant from November 27, 2013 sought phone records of Shurtleff, Torgensen, and Tim Lawson, who is described as Shurtleff's political "fixer".
On Jan. 7, Torgensen sent partial screen shots of his text conversations to the Utah Department of Public Safety investigator, the warrant states.
Related:
Search warrant unsealed, ex-chief deputy A.G. placed on leave
Kirk Torgensen, Utah's former chief deputy attorney general, was placed on administrative leave Wednesday, a day after a search warrant seeking his iPhone was unsealed."I think (Sean Reyes) caved to political pressure and I think they've ignored the fact that Kirk Torgensen was the only one in the office that stood up to Shurtleff," Tolman said.
Tolman said the sudden firing is peculiar.
"Why the attorney general would fire an individual who's dedicated his entire career to law enforcement is beyond me," he said.
"We all know what the allegations are against Mark Shurtleff and John Swallow, but Kirk Torgensen is not part of those allegations," Tolman said.
Salt Lake County District Attorney Sim Gill charged Shurtleff with 9 felonies — three counts of bribery, two counts of illegally accepting gifts or loans and one count each of accepting employment that would impair judgment, witness tampering, evidence tampering, and obstructing justice.
Gill also charged Shurtleff's successor, John Swallow, with 12 felonies and two misdemeanors, including bribery, evidence tampering and pattern of unlawful activity.
Lawson is charged with retaliating against witnesses, witness tampering, obstructing justice, bribery, falsifying tax information to hide income and failing to pay taxes.
