LOS ANGELES - A federal judge overseeing an obscenity trial exploring the extreme fringe of pornography posted explicit photos and videos on his personal Web site, a newspaper reported Wednesday.I have "known" Judge Kozinski for nearly two decades (never met him, just corresponded with him about various topics). I find it hard to fathom why he, or any judge for that matter, would say "he didn't believe the images were obscene" about a case he was hearing. But, then, I'm not a judge.
Alex Kozinski, chief judge of the 9th U.S. Circuit Court of Appeals, said he thought the material on his Web site couldn't be seen by the public, the Los Angeles Times reported on its Web site. The images included a video of a "half-dressed man cavorting with a sexually aroused farm animal," the newspaper reported. [emphasis added]
Kozinski, who has since blocked public access to the site, said he didn't believe the images were obscene.
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So he wasn't commenting on a pending case; he was just saying that "his" images weren't obscene. There's obviously an issue as to whether this story will affect his partiality in an obscenity prosecution, which is why he has suspended the trial. There may or may not be a request from the defense or prosecution that he recuse himself.