The FBI questioned the former wife of
Chief U.S. District Judge Edward W. Nottingham after she revealed that
he spent thousands of dollars at the Diamond Cabaret strip club and
subscribed to an Internet dating site that has links to nudity.
Marcie Jaeger said FBI agents contacted her Thursday.
She refused to say what they questioned her about or why they were
making an inquiry. However, she told 9News that the FBI was looking
into possible improper use of his federal computer.
Sgt. Dan Steele, head of the vice unit of the Denver
Police Department, said that three weeks ago 9News and Jaeger contacted
one of his detectives with credit-card statements and asked the
detective to review the matter. He said the detective brought the issue
up with Steele, and that together they decided it was a matter for the
FBI and not local authorities.
Steele said he had the detective contact the public
corruption unit of the Denver office of the FBI, which Steele said made
a decision prior to news reports of the issue to investigate the
information contained in the credit- card receipts.
FBI spokeswoman Rene A. Vonder Haar said the agency had no comment.
Nottingham refused to be interviewed when contacted by The Denver Post. His courtroom staff issued a statement on his behalf.
"Judge
Nottingham believes the underlying issues ... are private and personal
matters involving human frailties and foibles, matters which have now
become public as a result of protracted, bitter divorce proceedings,"
the statement says. "Judge Nottingham has attempted to deal with the
issues privately, and he will continue to do so. No purpose would be
served by exploring these matters publicly."
It's not illegal for Nottingham to spend money at a
strip club or on a dating website, but the Judicial Code of Conduct
says he must hold himself up to a higher standard because he is an
appointed federal judge.
"Federal judges must avoid all impropriety or appearance
of impropriety that might be viewed as burdensome by the ordinary
citizen," the code says.
"Chief Judge Ed Nottingham has served with distinction
on the bench for 18 years," Sen. Ken Salazar, D-Colo., wrote in a
statement Friday. "Now serious allegations have been raised against
him. The federal courts have a comprehensive system for review of
judicial conduct. That review process should run its course."
If a complaint of misconduct were to be filed, a number
of judicial bodies would review the complaint and decide whether any
action would be taken. The U.S. House of Representatives could be
called upon to consider impeachment.
Credit-card records that detail the judge's spending over several months are contained in Nottingham's sealed divorce files.
Nottingham filed for divorce in January 2006; it became final in July.
Jaeger
gave a divorce file to 9News, which first broadcast the story Thursday.
A portion of the file was shared with The Denver Post.
Credit-card records show that in 2005, the judge spent
$3,000 the night of Sept. 6 and into the morning of Sept. 7 at the
Diamond Cabaret.
During divorce proceedings July 3, Nottingham said he could not remember how the money was spent.
"You know, I don't remember," Nottingham testified. "I had had a lot to drink, and I don't remember."
The card also was used to make purchases through ipayfriendfinder.com, an umbrella site that includes links to many sites, including adult dating sites that feature nudity.
The wrong bills
Jaeger says she found out about the charges on the credit card by mistake.
She picked up the wrong bills to take to her bookkeeper and was told the charges didn't look like they belonged to her.
"The
first person I talked to was Ed, and I went to his chambers after court
and he kept on repeating, 'They are not mine,"' Jaeger told The Post.
He then admitted he had made the credit-card charges, according to the court records.
"When
I asked about the dating service, he turned around in his chambers, and
he hit his computer and he told me all about the dating service; it was
a porn site," Jaeger testified in the divorce proceeding. She was
questioned about whether the site was on the computer display, and she
responded, "Yes, it was."
"I'm embarrassed to be even talking about this,"
Nottingham said in the court transcripts. "I think you pay extra to get
certain features, such as if you upload a picture or - I don't even
recall."
High rollers club
Justin
Fankell, manager of Diamond Cabaret, said he remembers Nottingham the
night the big bill came in, but he could not remember what the judge
purchased. He said $3,000 is not an unusual amount to spend at the
club, where a man once rang up $36,000 in one night.
"We don't do prostitution here," Fankell said.
The Diamond Cabaret is an establishment that sells rare Louis XIII cognac that costs $7,000 a bottle at $185 a shot, he said.
Fankell said Nottingham had been to the club other times but was not considered one of its top customers.
He also said the FBI had not questioned Diamond Cabaret employees.
The website that Nottingham admitted accessing, ipayfriendfinder.com, is an umbrella link to adult websites including adultfriendfinder.com.
At
adultfriendfinder, people in communities across the country meet online
and later in person. The home-page link to members' biographical
information and photographs beckons, "Find a Sex Partner."
Some of the photos, including nudes, are presumably of local people willing to have casual or alternative sex. Adultfriendfinder.com. bills itself as "the world's largest sex and swingers community."
The umbrella site also links to Christian dating sites.
Nottingham
was appointed to the district judgeship in 1989 by the first President
Bush. He became chief district judge on June 8. During his tenure, he's
presided over several high- profile cases, including the recent trial
of Joe Nacchio, former chief executive of Qwest.
All federal judges appointed under the provisions of the
U.S. Constitution hold office for life unless they step down or are
impeached and convicted by the Senate for treason or other high crimes
and misdemeanors.
Since 1789, the House of Representatives has initiated
impeachment proceedings against 13 jurists. Seven were convicted and
removed from the bench.
Staff writers Christopher N. Osher, Kieran Nicholson, Carlos Illescas and Joey Bunch contributed to this report.
If judicial misconduct were to be alleged
Here's the process of judicial review against any federal judge.
A
complaint goes to the chief judge of that circuit. The chief judge can
dismiss, take corrective action or refer the complaint to a committee
comprising the chief and circuit and district judges. Another judge is
appointed if the complaint is against the chief.
The committee can investigate before filing a report to the judicial council. A majority must vote in favor of any action.
The
judicial council can dismiss the complaint, order corrective action or
refer it to the Judicial Conference of the United States.
The Judicial Conference shall take action it considers
appropriate, including whether impeachment might be considered. If so,
the proceedings are sent to the U.S. House of Representatives for
whatever action the House deems necessary.
http://www.denverpost.com/breakingnews/ci_6603043