They are supposed to protect us from the real scumbags, and they build their reputations – and their egos – doing it in grand style. We are supposed to admire them, to honor them and to hold them up as pillars of credibility when others fail.
But what happens when these pillars, guys like Chief Justice Edward “Naughty” Nottingham and now-former New York Governor Eliot “Client 9” Spitzer – start to crumble themselves?
They end up in this column.
It was revealed this week by 9News that Nottingham, who famously oversaw the insider-trading trial of former Qwest CEO Joe Nacchio, is being investigated – again – after his name and number appeared on a list of clients associated with an escort service called Denver Players or Denver Sugar that police say doubled as a prostitution ring. Nottingham was previously investigated in relation to conduct at the Diamond Cabaret, a Denver strip club.
Spitzer, who also has a Qwest connection, resigned Wednesday after being connected to a similarly high-priced escort/prostitution service. Back in the early 2000s, when he was still just New York District Attorney Eliot Spitzer, crusading against corporate con artists and big-business bad guys, he locked horns with Denver-based Qwest (as well as Denver’s Invesco Funds) accusing the firm of violating securities laws in his state. He eventually settled with Nacchio and Qwest founder Phil Anschutz for a combined $4.8 million.
Thanks guys, and especially you, Judge Nottingham, for tossing your credibility down the toilet and making Nacchio – who truly screwed this town -- look less slimy by comparison.
To see last week's Shmuck, click here.
The really disconcerting part of this story is that the portion of the complaint involving openly felonious behavior committed by Nottingham -- for which serious jail time is warranted, and removal from office is required -- has been dismissed. Federal judges can commit crimes from the bench with utter impunity, because (1) fellow judges are their 'partners-in-crime' and, in the words of Judge John Kane, cover each other's butts and (2) the Bush DoJ won't prosecute as long as they get their quid pro quo.
All I want to see is that Nottingham be judged on the behavior that (a) we know to be true, as it is an indelible part of the public record and (b) should have him removed from office under the "good Behaviour" clause of Article III of the Constitution. Sir Edward Coke listed three grounds for forfeiture (the clause was lifted from English law): abuse of office, nonuse of office, and refusal to exercise an office. Blackstone added that “the oppression and tyrannical partiality of judges, justices, and other magistrates, in the administration and under the colour of their office [could be prosecuted] either by impeachment in parliament, or by infor mation in the court of king's bench.” 4 Blackstone, Commentaries 140-41. Judge Naughty's bizarre sexcapades don't legally qualify as grounds for discipline, but fellow judges have to slap him down for political purposes; he is the sacrificial lamb that permits them to continue committing crimes with utter impunity.
Read more about Judge Naughty at www.knowyourcourts.com/Nottingham/Nottingham.htm and www.dailykos.com/story/2008/3/12/8255/89438/44/474913.
Posted at: March 14, 2008 6:38 AM