Supreme Court Of U.S. criticizes the District Court for its attempt to change the rules “at the eleventh hour” to treat “this high-profile trial” differently contrary to federal statutes and policy.
Chief Judge Alex Kozinski of the Court of Appeals for the Ninth Circuit issued an order allowing for real-time broadcasting to five federal courthouses, but did not address broadcasting the trial online due to technical difficulties encountered by the District Court staff. In a per curiam decision, the Supreme Court held that the revision of the local district rule did not follow procedures designated by federal law
Did Judge Alex Kozinski Break The Law? Again?
The "Rule"says that "all three panel judges must vote, on the record" to deny an appeal:
"[t]he panel has unanimously voted
to deny the petition for panel rehearing. Judge Berzon has
voted to deny the petition for rehearing en banc, and Judges
Tashima and Timlin recommend denial.
The full court has been advised of the petition for rehearing
en banc, and no judge of the court has requested a vote on the
petition for rehearing en banc. Fed. R. App. P. 35(f)."
" The petition for rehearing and the petition for rehearing en
banc are DENIED.
No further petitions for rehearing or rehearing en banc may
be filed." OPINION''
KOZINSKI, Chief Judge:
"Upon the vote of a majority of nonrecused active judges, it is ordered that
this case be reheard en banc pursuant to Circuit Rule 35-3."
Not one to follow the rules in the appeal of killercop, Lord Kozinski rules by fiat! Click on the box below and notice the document doesn't follow the law.
He admits using the computer to research a legal split in the Ninth he opposed from his server in the article he wrote called Don't Split the Ninth Circuit. The files Kozinski was using are found here.
But we've found a another piece of evidence. In June 2004, Alex Kozinski sent a public letter in HTML language, humorously nominating himself as part of a "Judicial Hottie contest"
This shows that Judge Kozinski knew the general public could retrieve specific material from that directory, and in at least that case he invited the public to do so.
Alex Kozinski, last year, was also hand-picked to decide U.S. appeal case 04-50189, U.S. v Sutcliffe, a watershed, "sea change" case in the law of Internet jurisdiction, affecting millions of Americans lives and freedoms. How ironic Kozinski's decision in that case now could land him in prison (MP3) under his "circumstantial inference rejection."
During oral arguments in case 04-50189, where jurisdiction had yet to be ruled on yet, Judge Alex, Stephen S.Trott, and the ringer they brought in from out of state to "visit," who knew nada about computer MAC address,FTP or IP address, Monroe G. McKay, to induce a little, good ol' days nostalgia about telephones, to help them invoke jurisdiction and obtain the power to "shut down" the Internet, which conveniently ignores law which requires specific intent and proof the accused transmitted, i.e., "loaded" the offending speech being called illegal. McKay prefers to use "circumstantial" evidence as a standard to convict Citizens. Listen here. But there was a lot of ignoring of the law in this case.
They drool at such power. They know how to weld the tool to suppress speech. That's why this judge now claims he accidentally loaded the images.
But then again, I'm officially nutzzzzzz, until certified un-nutzzzzzz in a competent court of the law. So I am waiting on the law, and the certificate required by the law.
But I'm no expert.(.pdf) Anyone see ours, yet? He has our certificate required by the law and I need it to be officially un-nutzzzzzz. And that's a fact!
Alex Kozinski (above), with his arm around his good buddy, A. Howard Matz, is a "conservative" appointee of former president Ronald Reagan, who is chief of the U.S. 9th Circuit Court of Appeals, transmitted in interstate commerce, photos of naked women standing on all fours and painted to look like cows, as well as a videos of half-naked men with sexually aroused farm animals. And that's the end of it.
A step-by-step pictorial depicted a woman shaving her pubic hair and other images showed masturbation and what one news paper called "contortionist sex."
The images were posted to a sub domain of the judge's web site that could only be accessed by directly typing in the correct URL. The domain, however, was not password-protected. In addition to the pornographic images, the sub domain contained legal writings, music files and the judge's personal photos.
Kozinski said he thought some of the photos were "funny" but acknowledged that the photo of the women painted as cows was "degrading" and "gross." He said, however, that he didn't think the images were obscene.
Another site reported that there was a folder "which included a photo of naked women on all fours painted to look like cows and a video of a half-dressed man cavorting with a sexually aroused farm animal.
Some of the material was inappropriate, he conceded, although he defended other sexually explicit content as 'funny.'
Did you stumble across any of the judge's perverted and "obscene" pornographic pictures and movies, before he realized he was caught? Ever trade with him?
"The sexually explicit material on the site was extensive, including images of masturbation, public sex and contortionist sex. There was a slide show striptease featuring a transsexual, and a folder that contained a series of photos of women's crotches in snug-fitting clothing or underwear."
THE BOTTOM LINE:
We at killercop.com mooooooove that Kozinski be remooooooved from the bench and indicted forthwith for his double standards under the law. That's just this man's perspective.