In May 2006, USA TODAY reported that the three telecommunication carriers, AT&T, Verizon, and BellSouth had cooperated with the National Security Agency to secretly amass a database of phone call records of tens of millions of Americans (Cauley, 2006). The information was then analyzed to detect calling patterns in an effort to thwart terrorism. Following the reporting of this story, Mr. Nacchio’s attorney, Herbert Swan, released a statement that said the government had approached Qwest Communications to turn over customers’ calling records:
Mr. Nacchio made inquiry as to whether a warrant or other legal process had been secured in support of that request. When he learned that no such authority had been granted and that there was a disinclination on the part of authorities to use any legal process, including the Special Court which had been established to handle such matters, Mr. Nacchio concluded that these requests violated the privacy requirements of the Telecommunications Act.
(Nakashima & Eggen, 2007).
Mr. Nacchio was convicted in April 2007 of 19 counts of insider trading; selling shares of Qwest stock before the value dropped.
In October 2007, the
Rocky Mountain News, the
Washington Post, and the
New York Times reported that in court filings made by Mr. Nacchio,
the National Security Agency had approached Qwest Communications to turn over customer’s call records on February 27, 2001, nearly seven months before the terrorist attacks (
Burnett & Smith, 2007,
Nakashima & Eggen, 2007,
Shane, 2007).
“’The Nacchio materials suggest that the NSA had sought telco cooperation even before 9/11 undermines the primary argument for letting the phone companies off the hook, which is the claim that they were simply acting in good faith after 9/11,’ said Kevin Bankston, a staff attorney for the Electronic Frontier Foundation, a civil liberties group.” (
Vuong, 2007).
In return for cooperating, Mr. Nacchio asserts, Qwest Communications would receive lucrative government contracts (
Burnett & Smith, 2007,
Nakashima & Eggen, 2007,
Shane, 2007).
In a May 25, 2007 order, U.S. District Court Judge Edward W. Nottingham wrote that Nacchio has asserted that ‘Qwest entered into classified contracts valued at hundreds of millions of dollars, without a competitive bidding process and that in 2000 and 2001, he participated in discussion with high ranking representatives concerning the possibility of awarding additional contracts of a similar nature.’ He wrote, ‘Those discussions led him to believe that would award Qwest contracts valued at amounts that would more than offset the negative warnings he was receiving about Qwest’s financial prospects.’”
(Nakashima & Eggen, 2007).
Mr. Nacchio’s conviction, he contends, was retaliation for refusing to cooperate with the government (
Burnett & Smith, 2007,
Nakashima & Eggen, 2007,
Shane, 2007).
U.S. District Judge Edward W. Nottingham would not permit the classified information about the contracts into the court, thereby sinking Mr. Nacchio’s retaliation defense (
Burnett & Smith, 2007). In March 2008, a federal appeals court overturned the 19 insider trading convictions after concluding that the trial judge improperly excluded expert testimony that would have helped Mr. Nacchio advance his defense (
Johnson, 2008).
Here is some information regarding Judge Nottingham:
Counsel investigating chief judge's past
http://www.9news.com/news/story.aspx?storyid=102682&catid=188
In September 2007, Jeanne Elliot told 9Wants to Know that Nottingham parked in a handicapped parking space. After she blocked his vehicle in the space with her wheelchair, Elliot said Nottingham put his car in reverse.
"I could tell from his back-up lights going on and I thought, 'Oh boy! He's going to back over me," Elliott told 9NEWS in October 2007.
Elliott also claims that Nottingham told her, "If you don't get out of my way, I'm a federal judge and I'm going to call the U.S. Marshals and have them arrest you."
In a written statement, Nottingham said he regrets parking in the space, "But respectfully disagrees with the remainder of Ms. Elliott's version of this incident."
Complaint still hangs over judge
http://www.rockymountainnews.com/news/2008/oct/23/complaint-still-hangs-over-judge/
A piece of U.S. District Court Judge Edward Nottingham's legal troubles is still unresolved before a state ethics panel, despite his resignation from the bench.
Nottingham stepped down Tuesday amid allegations of judicial misconduct involving a prostitute. The allegations were being investigated by the 10th Circuit Court Judicial Council.
A Minnesota man who has tangled with Nottingham in a federal court case filed the same charges last April with the state's Attorney Regulation Council, which investigates ethical complaints against lawyers.
A negative ruling by that panel could be a roadblock if Nottingham decides to resume practicing law in Colorado.
Federal Judge Edward Nottingham Resigns Amid Misconduct Allegations
http://blogs.wsj.com/law/2008/10/21/federal-judge-edward-nottingham-resigns-amid-misconduct-allegations/?
This just in, from the Rockies: Federal Judge Edward Nottingham, who oversaw the insider trading trial of former Qwest CEO Joseph Nacchio, has resigned, according to the 10th Circuit U.S. Court of Appeals.
His resignation comes amid an investigation of complaints of judicial misconduct on the part of Nottingham (pictured), according to a statement from the appeals court. The complaints were lodged in August 2007, the court said, and since then “additional allegations developed and subsequent misconduct complaints were filed.” The court’s committees “conducted a thorough and extensive investigation, interviewed many witnesses, considered voluminous documentation, and conducted two hearings,” according to the statement.
Judge Nottingham so far has not returned a call to his chambers.
According to the Rocky Mountain News, the judge’s attorney issued this statement: “He is deeply remorseful for his actions. He is also embarrassed and ashamed for any loss of confidence caused by those actions and attendant publicity and sincerely apologies to the public and the judiciary.”
. The post-September 11 approach was that NSA could circumvent federal statutes and the Constitution as long as there was some visceral connection to looking for terrorists."
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