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Dead Constitution
See other Dead Constitution Articles

Title: BREAKING: Nacchio convictions thrown out, new trial/judge ordered
Source: Daily Kos
URL Source: http://www.dailykos.com/story/2008/3/17/133950/737/466/478535
Published: Mar 17, 2008
Author: "baldheadeddork "
Post Date: 2008-03-17 14:42:08 by aristeides
Keywords: None
Views: 196
Comments: 13

BREAKING: Nacchio convictions thrown out, new trial/judge ordered

by baldheadeddork [Subscribe]
Mon Mar 17, 2008 at 10:44:42 AM PDT

The Court of Appeals has thrown out the convictions of former Qwest CEO Joseph Nacchio and ordered a new trial with a new judge.

CNBC reports that the convictions were overturned because Nacchio was prohibited by the presiding judge and national security laws from presenting a proper defense. This is a stunning rebuke of a case that is at the heart of the illegal wiretap program.

Just broke on CNBC - no wire stories links yet. Will update.

UPDATE: Confirmation from CBS4 in Denver

A federal appeals court ordered a new trial for former Qwest CEO Joseph Nacchio on Monday.

The court said there was an improper exclusion of Nacchio's expert witness merits a new trial.

The court concluded that the evidence before the district court was sufficient for the government to try him again without violating the Double Jeopardy Clause.

The court ordered the trial be presided over by a different judge.

More from the Denver Post:

The 10th Circuit Court of Appeals has reversed the guilty verdict in the insider trading case of former Qwest CEO Joe Nacchio and ordered a new trial before a different judge.

The decision was 2-1 to overturn the verdict.

After a month-long trial in Denver federal court, Nacchio was convicted in April 2007 on 19 counts of insider trading connected to his sale of $52 million in Qwest stock. He was acquitted on 23 other charges.

U.S. District Court Judge Edward Nottingham presided over the District Court trial.

The Post story has more background on the trial, but it doesn't get into the FISA issues. There are a lot of good diaries from the time of that trial if you want to brush up on the details, and I need to refresh my memory before posting what happened at the trial.

But it is exceptionally unusual for an appeals court to both overturn all convictions and order a new trial under a new judge, if the state wishes to prosecute again. That's about as close as an appeals court will get to declaring judicial misconduct in a case.

No word yet if the DOJ will appeal the ruling.

MORE: Rocky Mountain News review of issues in appeal, from last December

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Begin Trace Mode for Comment # 4.

#1. To: All (#0)

This is the trial judge the appeals court took off the case: Chief U.S. District Judge Edward Nottingham Tied to Prostitution Ring In Denver.

aristeides  posted on  2008-03-17   14:44:19 ET  Reply   Untrace   Trace   Private Reply  


#4. To: aristeides (#1)

CNBC reports that the convictions were overturned because Nacchio was prohibited by the presiding judge and national security laws from presenting a proper defense. This is a stunning rebuke of a case that is at the heart of the illegal wiretap program.

All good info. The other important background info is that this is the telecom CEO who refused to spy on Americans for the Bush regime. He also had the nerve to say in court that the wiretapping began 7 months before 9/11.

Qwest Punished For Wiretap Resistance?
Nacchio apparently found $52 million in insider trading ok, but thought the government's wiretap program ethically and legally dubious. Nacchio's lawyers wanted to use the documents to suggest that Nacchio's optimism came from said contracts, including the $2 billion construction of "GovNet," a second Internet specifically dedicated to Uncle Sam. However, the confidential documents weren't allowed at trial:

The secret contracts - worth hundreds of millions of dollars - made Nacchio optimistic about Qwest's future, even as his staff was warning him the company might not make its numbers, Nacchio's defense attorneys have maintained. But Nacchio didn't present that argument at trial.

NSA Domestic Surveillance Began 7 Months Before 9/11, Convicted Qwest CEO Claims

robin  posted on  2008-03-17   14:50:19 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 4.

#5. To: robin (#4)

I wonder if stockholders who lost money in QWest would now have grounds to sue the government.

By the way, the 10th Circuit Court of Appeals is now conducting an investigation of Judge Nottingham: Former FBI Agent Investigates 'Naughty' Judge : Randy Judge Is Under Investigation for Alleged Judicial Misconduct.

aristeides  posted on  2008-03-17 14:54:51 ET  Reply   Untrace   Trace   Private Reply  


#6. To: robin (#4)

NSA Domestic Surveillance Began 7 Months Before 9/11, Convicted Qwest CEO Claims

That he was aware of.

Cynicom  posted on  2008-03-17 15:00:32 ET  Reply   Untrace   Trace   Private Reply  


#11. To: robin (#4)

All good info. The other important background info is that this is the telecom CEO who refused to spy on Americans for the Bush regime. He also had the nerve to say in court that the wiretapping began 7 months before 9/11.

That is the key point: He also had the nerve to say in court that the wiretapping began 7 months before 9/11. that the Bush Junta and Fiends do not want to get widespread public notice.

There are likely others but this Patriot deserves our support.

Original_Intent  posted on  2008-03-17 15:20:22 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 4.

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