We all know that the 9th Circuit Court of Appeals is the most liberal appeals court in the country. But here is something interesting.
Judge Kozinski was nominated by President Ronald Reagan on June 5, 1985, to the United States Court of Appeals for the Ninth Circuit and he was confirmed by a senate vote of 54 to 43. During his tenure he took a stand against the charge that the Ninth Circuit is overly liberal: “I can say with some confidence that cries that the Ninth Circuit is so liberal are just simply misplaced.” (Wikipedia)
Although appearing to be conservative when reading about his cases, Judge Kozinski’s defense of the Ninth Circuit not being liberal truly brings into question his ability to sit on the bench…because the Ninth Circuit is ridiculously liberal.
That aside, when looking at the accusations, not charges, against the judge they appear pretty strong, especially if one considers a previous issue that he was faced with while sitting on the bench.
“In 2008, The Los Angeles Times revealed Kozinski “maintained a publicly accessible website featuring sexually explicit photos and videos.” Kozinski had collected a “vast” number of images sent to him via e-mail over many years and retained them on a personal web server in his home. Only a “small fraction” of the images were offensive. Kozinski believed that only invited friends and family were able to view the image directory. Nonetheless, he called for an ethics investigation of himself. In July 2009, a panel headed by Judge Anthony Scirica wrote that Kozinski should have administered his web server more carefully, but Kozinski’s apology and deletion of the web site “properly conclude” the matter.” (Wikipedia)
Judge Kozinski doesn’t make it any easier for himself with this new case by stating in his “non-apology” response that he would “never intentionally do anything to offend anyone.” There’s that famous word, “Intent”, that FBI Director James Comey brought forth in his dismissal of Hillary Clinton’s crimes. I guess there must be intent involved to charge for sexual harassment…and we know how hard that is to prove.
Perhaps Judge Kozinski should find out if James Comey would consider investigating his case, specifically for intent, and submit a written statement on his behalf.
Six women who worked in the office of Judge Alex Kozinski, a member of the 9th Circuit Court of Appeals, have accused him of sexual misconduct, according to a report published Friday evening.
Two women spoke on the record with the Washington Post, while the four others would not allow their names to be shared.
One of the women, Heidi Bond, said the judge showed her porn on multiple occasions, including pictures of naked college-aged students at a party and a flipbook which a woman’s naked body parts had to be matched up to the corresponding bodies. She said she worked as a clerk for Kozinski from 2006 to 2007.
Emily Murphy alleged Kozinski once tried to convince her and other clerks to work out while naked after she mentioned that the court’s gym appeared to regularly be used by employees.
An unidentified woman said Kozinski looked her up and down “in a less-than-professional way,” and discussed a female judge stripping.
Another woman who claims to have worked as a clerk for Kozinski said she was dining with the judge when he “kind of picked the tablecloth up so that he could see the bottom half of me, my legs.” She said he defended the move at the time as having “wanted to see if you were wearing pants because it’s cold out.”
The six women all said they did not report the incidents at the time they occurred.
“I mean, who would I tell?” Bond said. “Who do you even tell? Who do you go to?”
Kozinski, who served as the circuit’s chief judge from 2007 to 2014, issued a statement to the Post late Friday stating he would “never intentionally do anything to offend anyone.”
“I have been a judge for 35 years and during that time have had over 500 employees in my chambers,” the judge said. “I treat all of my employees as family and work very closely with most of them. I would never intentionally do anything to offend anyone and it is regrettable that a handful have been offended by something I may have said or done.”