BREAKING(CNBC): Q-WEST's Nacchio Convictions THROWN OUT- In "Stunning Rebuke" Of Illegal Wiretapping

[kpete]

BREAKING: Nacchio convictions thrown out, new trial/judge ordered
by baldheadeddork
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
http://cbs4denver.com/business/nacchio.appeal.trial.2.678830.html
more at:
http://www.dailykos.com/storyonly/2008/3/17/133950/737/466/478535

[Sanity Claws]

1. A new judge!

That is really unusual. Usually when a party wins an appeal, the case is remanded back to the same judge. Wow -- this is a rebuke of the trial judge. It is in effect saying that the appeals court thinks the original judge cannot give him a fair trial.

[El Supremo]

2. The original judge is in a bit of trouble right now.

Nottingham is his name. And he seems to like pornography. Google it.

[slackmaster]

5. Bob Nottingham is one of my porn star names

Along with Duke LaCrosse and Seymour Johnson.

[Clear Blue Sky]

8. Nottingham likes the hookers, as does Spitzer.

[BillE]

3. That's Great, but

I'll bet when it is appealed to the Supreme Court, this ruling will be overturned. The rePugs own the courts.

[librechik]

4. Reuters has it; that's Yahoo n/t

[L. Coyote]

14. The AP article is scathing on Nottingham's handling the appealed issue of expert

New Trial for Ex-Qwest Boss Nacchio
By P. SOLOMON BANDA – 2 hours ago - http://ap.google.com/article/ALeqM5gP1GK8MeGqLpHc3ExTxg6Q_5HzTAD8VFFOL80

DENVER (AP) — A federal appeals court ordered a new trial Monday for former Qwest CEO Joe Nacchio, saying the trial judge wrongly excluded expert testimony important to Nacchio's defense in his insider trading case.

....

The three-judge appeals panel focused on how Nottingham simply announced his decision to forbid Fischel from testifying after accepting written arguments from both sides. Two members of the panel noted how Nottingham silenced a defense attorney who asked to speak, saying he had already ruled because the defense didn't disclose Fischel's methodology.

Nottingham concluded that expert economic analysis would "invite the jurors to abandon their own common sense and common experience and succumb to this expert's credentials."

"When the court does not allow a lawyer to present arguments, we will not penalize him for failing to present them," two members of the appeals panel wrote.

...

[hvn_nbr_2]

6. K & R & Woohoo! nt

[dbackjon]

7. Mixed feelings on this.

Great for upholding the law.

Sucks because Nacchio is a greedy, company-destroying corporate raider who cost many Arizonans a lot of money.

[DCKit]

10. You may very well find the blame for those losses...

does not lie with him, but with the people who persecuted him, prevented him from defending himself and locked him away.

[dbackjon]

20. No - totally separate case

He conned a hostile takeover of USWEST (Baby Bell in Arizona), using over-valued Qwest Stock that turned out to be virtually worthless. A lot of US West employees lost a lot of retirement money with that, while Nacchio made millions. Qwest overstated revenue, which drove up the stock price - it was at $40 when it used that stock to take over US West. The stock collapsed, and was later trading at $2/share.

Nacchio laid of 53K at AT&T, 20K at US West, and then used the US West pension fund to pay of Qwest Debt, and to pay himself millions.

Nacchio is the very epitome of corporate raider scum - a leading cause of the decline of the American Middle Class.

[Greyhound]

16. Agreed, he is/was a rotten bastard scumbag hatchet man and thief.

But he was not prosecuted for that, he was prosecuted because he wouldn't play ball, and he directed his company to steal from its customers.

So I'm with you in my ambiguity.
:kick:

[bleever]

9. This is really, really big.

The whole story goes to the heart of PRE-9/11 warrantless surveillance, a criminal act of staggering proportions.

[Thothmes]

17. When was the warrantless suveillance conducted?

[bleever]

25. They started the program in their first month in office.

http://www.nytimes.com/2007/10/14/business/14qwest.html

[Thothmes]

27. Thanks

[Echo In Light]

18. Agreed

[annabanana]

11. kickerino. . . . . . . . . . . n/t

[Jack Rabbit]

12. Take that, Frat Boy!!

And we mustn't forget the Big Dick, either.

[L. Coyote]

13. REC + Nacchio Conviction Is Overturned by Court = online.wsj.com

Will this ever see trial again?

Well, Rove is gone, Gonzo is gone.
The chief prosecutor is also gone.
The judge quashing exert testimony got caught whoring.

But, has anything really changed?
Will we now see if politicization marches on?

==========
Nacchio Conviction Is Overturned by Court
By DIONNE SEARCEY and ASHBY JONES
March 18, 2008 - http://online.wsj.com/article/SB120577599298342331.html?mod=googlenews_wsj


... The ruling points out that Judge Nottingham hushed a defense attorney on the matter, without hearing his argument in court.

Mr. Nacchio was rebuffed on one controversial aspect of his defense. He had tried to offer a classified defense strategy that he was upbeat about Qwest's financial prospects because he knew the company was going to receive lucrative, secret government contracts. The judge excluded nearly all this material, a point Mr. Nacchio's appellate lawyer Maureen Mahoney raised on appeal. The appellate court said there was no error in excluding that information. ....

==========
FROM: TELECOM COVER-UP? Nacchio and Qwest: Another Political Prosecution?
Feb-28-08 - http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x2935817

Over two years ago, my informant reported ALL communications ARE routed overseas to circumvent the law.

Is that what is being covered up, the ongoing capture of ALL communications? Probably!
Can the government look up that favorite apple pie recipe your Mom sent you on July 4th in 2002.

Is the "cover story" of databasing call info just that, the current fall-back cover
story for a much larger crime, spying on everyone all the time?
The political odor of this legal case has never been proper.

...........

[diane in sf]

15. Good, impeach all the Bush appointees too while we're cleaning house in 09

[L. Coyote]

19. K & R. The Appeal reversed exclusion of an expert, nothing to do with surveillance!

[Crabby Appleton]

21. Correct - a very misleading headline/subject. nt

[The Stranger]

24. That is exactly what I was thinking. This has nothing to do with surveillance.

[myrna minx]

22. This is the closest we've come to learning the truth! Woot!

K&R.

[Supersedeas]

23. heckuva job Gonzo & Muck-Muk

[wildbilln864]

26. *k&r! nt