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A Computer is a Dangerous Toy

Jun 12, 2008
By Patrick.
Law, Politics & Current Events

Following up on yesterday’s entry on Judge Alex Kozinski, the man who “outed” the Judge’s not-so-secret porn stash has revealed himself as California attorney Cyrus Sanai. Patterico has the most details, but Sanai, who has a history of run-ins with the Judge, is relentlessly promoting himself at all the big legal blogs. We haven’t seen him yet, but we’re sure when he filters down to the snark blogs we’ll get a visit sometime after, say, Pam’s House Blend.

Sanai may be the living embodiment of the worst stereotypes of California lawyers, an arguably vexatious litigant who arguably abuses process and files frivolous motions to cause disruption to opponents. He has been smacked down as such by Judge Kozinski. But whatever Sanai is or isn’t, the matter raises a serious question about Judge Kozinski’s own judgment.

Why would a man who appears to be technically savvy, a man in a high position that requires him to maintain the appearance, to say nothing of the substance, of propriety, keep stuff like this (not not-safe-for-work but it could be disturbing to readers) on a server hooked up to the internet, as opposed to a hard drive? More to the point, why would a man whose job entails the risk of, indeed almost requires, making dangerous enemies do something so foolish? Why would a man who daily reads and argues about human stupidity (the root of most crime) himself abandon discretion so stupidly?

At best Kozinski’s conduct shows shocking carelessness, and at worst says something worse about his judgment and character. If you’re going to make waves, and Judge Kozinski’s job certainly requires that, make sure your anchor is a heavy one.

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10 Comments

  1. Ken  •  Jun 12, 2008 @7:00 am

    There are varying levels of bad judgment, and it isn’t yet clear to me which level(s) this is.

    Some reports initially had it that some of the images hosted were from the same pornster who is on trial. I’ve seen no confirmation or reliable sourcing on that, and doubt it. That, if, true, would be the highest level of inappropriate conduct on the judicial level.

    However, some of the reports you’ve linked indicate that some of the pictures were bestial. On a judicial level, that’s certainly an appearance problem, let alone when a judge is presiding over a case where bestiality is alleged to be obscene.

    Also, even if the pics Judge K hosted on his server are not in the same league as what is on trial before him, it shows bad judicial judgment to comment on them when confronted, and especially do so in a minimizing way (“funny”, etc.) that could reasonably be taken as a comment on the subject matter of the case over which he is presiding.

    It’s a curious dilemma for the attorneys before him. The defense (rightly) sees him as a libertarian and staunch free speech defender, and rightly saw him as a fabulous draw for their case before this. Now, though, as a defense lawyer I’d be gravely concerned about how such an embarrassing incident would impact his approach to the case. He’s only human. On the government side, I think the impulse certainly would be to seek to recuse him on the grounds of the appearance of partiality and impropriety. But government lawyers do that at their peril. There’s nothing more dangerous than taking a shot at a judge and missing.

    At the very least, though, it’s hideously bad judgment.

  2. Patrick  •  Jun 12, 2008 @9:34 am

    Apart from the fame Sanai had previously acquired from the rebuke delivered to him by Kozinski for his litigation tactics (referenced in the first Patterico link above), Cyrus Sanai was previously most notorious for arguing that high school extracurricular activities like sports and student government were the root of the Columbine massacre.

  3. Ken  •  Jun 12, 2008 @12:18 pm

    Above The Law has a good roundup of news and posts.

  4. Bruce  •  Jun 21, 2008 @2:01 pm

    Why is the (“hottie”) judge using some rigging wiring to tamper with Court House Computer systems, to have direct connect to his stash, is he hooked on some Horse chasing down a plaintiff to mount it, some Ha Ha he need to get by his judicial duties ??
    It seems that Kozinski and his wife have gone on a crusade to demonize Mr Sanai, and this site has drawn negative images of him( Cyrus S), from all the P R generate by the Kozinski cabal.
    Look at some other sites on the Kozinski problems he has from U S ex rel Fine v Chevron, that is if the Judge has not used some influence to supress on some LAW school Prawf Blogs.
    There may be more here than you seem willing to cover, but at least you did not use some Godfather lingo to horse around with Mr Sanai–as is used in the GWU Prawf blog..

  5. Norton  •  Jun 25, 2008 @1:09 pm

    If the judge has admitted that some of the photos were
    “degrading” to woman, and his wife goes postial denying that, then did the wife only dig a deeper hole for Sir Alex ?
    Further, the wife(Tif) went so postal, she implied that Sanai was doing crime stuff, like wire tapping., or hacking or equivalent to breaking into the KOZ house,(the basis for her charge was —tainted, or absured, like in Kooky land)
    Granted, he(Cy) is no P I, but seems that the wife went so far out on a limb, she may have added to the judge’s problems.
    One question—who is going to pay for the judge high priced DOWN TOWN lawyer now —- the judge, the 9th Circuit, who –the taxpayers… who ???
    I bet the Down Town lawyer told the wife—just keep your mouth shut, too much was blabbered, already.
    Notice, she has no more flaming emails sent out to the WEB-Blawg lands.(after her first FLAME Exercises).
    Her flame roast of the LA Times, is diluted by the fact, her hubby did remove himself from the porn trial.
    Why is it, an Appeal Court Judge is sitting on a District court)a different Court) trial court matter…?
    That seems odd, too
    Some of the L A bar go all gushy over the Koz, he seems real creepy, but maybe it is just other creeps in the L A bar doing P R for this creep, figuring some kind of favors down the road, some L A backscratching

  6. Patrick  •  Jun 25, 2008 @1:20 pm

    I’m not a California lawyer Norton, but if I understand your questions, if Judge Kozinski requires the assistance of counsel in the investigation of his conduct, he will pay for it out of his own pocket. No taxes will be involved.

    I wouldn’t agree that it’s “fishy” for an appellate judge to sit in a criminal courtroom. Rather, I’d call it “infrequent.” Appellate judges at the federal level do occasionally take turns in district court, for their own edification (it’s easy to forget what life on earth is like when one lives on Olympus), and to relieve docket pressure in districts that may be overcrowded due to bench vacancies, judicial disabilities, or even vacations and the like. The scheduling of assignments in the district is generally controlled by the Chief Judge of the district, but in every district I know of the method of assignment is randomized.

    Kozinski got this case by luck of the draw, not through chicanery.

  7. Ken  •  Jun 25, 2008 @1:38 pm

    f the judge has admitted that some of the photos were
    “degrading” to woman, and his wife goes postial denying that, then did the wife only dig a deeper hole for Sir Alex ?

    Dig a deeper hole how? With whom?

    Further, the wife(Tif) went so postal, she implied that Sanai was doing crime stuff, like wire tapping., or hacking or equivalent to breaking into the KOZ house,(the basis for her charge was —tainted, or absured, like in Kooky land)
    Granted, he(Cy) is no P I, but seems that the wife went so far out on a limb, she may have added to the judge’s problems.

    How? With whom? This makes no sense.

    One question—who is going to pay for the judge high priced DOWN TOWN lawyer now —- the judge, the 9th Circuit, who –the taxpayers… who ???

    That would be the judge. The wife is the former GC of Hughes Electronics, and they live on a palatial piece of land in Palos Verdes, so I think they have the coin.

    I bet the Down Town lawyer told the wife—just keep your mouth shut, too much was blabbered, already.

    Unlikely. Knowing the “Down Town lawyer” — a former Assistant United States Attorney of years of experience and good judgment, who kicked all sorts of ass in the Wen Ho Lee case — he recognized that the judge’s wife’s statement was well received by nearly everyone with the notable exception of the crazy-American community, a community whose regard is generally not courted with any particular enthusiasm.

    Why is it, an Appeal Court Judge is sitting on a District court)a different Court) trial court matter…?
    That seems odd, too

    Only to someone who is uninformed. It’s infrequent but not remarkable. Kozinski has been doing it since I was a clerk some 15 years ago. Other judges do it as well.

    Some of the L A bar go all gushy over the Koz, he seems real creepy, but maybe it is just other creeps in the L A bar doing P R for this creep, figuring some kind of favors down the road, some L A backscratching.

    Oh yes, favorable blogging has long been the currency of choice among the legal elite.

  8. Norton  •  Jun 25, 2008 @2:45 pm

    Ken says he was a clerk in the courts(back in 1993), and then notes the DOWN TOWN Lawyer kicked ass in New Mexico(Some AUSA—L. A) .
    He forgot to mention that the nuclear scientist pleaded guilty to at least one count of illegal copying nuclear bomb plans.(AKA ,WMD’s is the code in some circles). NM is the home of the NUKEY research industry.
    As he may know, the USA Government does not like to go into open Court to have M-80 nuclear bomb plans revealed.(was it an overchage—yes, U S Attys offices some times do that)
    Next, i hope Ken is not saying that people are uninfomred in that groovy L A smut culture, to confuse the difference between smut, and nuclear bomb plans. As to the well received wife’s letter, in blawg land, it must have been especially well received by former Federal Appeal Court clerks, who so amply matters with WEB sites.
    Also, that Down Town lawyer from L A, played the race card in NM as to some in DOE.( took out, smashed Mr T, some security guy, who late wrote a book , on how he was stabbed in the back by DOE on High—Klinton Admin). Klinton Admin seemd to have $$$ flow from China into its political (DEM)coffers… are you infomed on that still. Judge Paker is the one who slammed the Nukey scientist in hard time, solitary confinement, then makes his pious pompous speech attacking the entire U S Government, but it played swell in L A.
    Also, the web browser world records tha anti-USA Government sentiments of Alex Kozinski.. the USA is not France or Romania, although some who hate Bush float that P R..
    Judge K was noted in a Magazine on how he was a committed communist in Romania, then he left the Country, and discovered bubble gum, and choclate. Fact is, Alex K is the Government and he is the one with the power(that awesome power Mr L A power… mega power, massive power.), and his wife must have thought some email would have some power impact in the right places, amplified.
    Yes, you are correct that DOWN TOWN L A lawyer is very good,(Mr Standup) and Ms Tiffany is good, and powerful, high in the right circles( Ex GC Hughes Aircraft),
    Nobody is saying, Tif & Kos don’t circulate in the right L A power circles.
    As to the “crazy American” community you note, most interesting please illuminate ? Most ironic, in the ONE CASE, the DOWN Town lawyer was getting the Feds to drop illegal computer down loads in the big indictment(NM), that came out after pieces in/ from the NYT.
    Who(NYT), was later sued in a Privacy Act suit, BTW. along with other main stream papers(not by the L A Down town subject lawyer, but by the one who handled the China Trade accounts, it seems.)–more BIG Down TOWN L. A
    Not to confuse, ops at a Nuclear NM facility, and now the smut, which was downloaded off the WWW(servers—ALEX nexis)., nobody has accused Sir Alex of keeping a high security profile on his WEB servers.
    Kozinski has admitted some phots were “degrading” to women, but, that did not bother the “legal elite” who have big SERVER beam WEB sites. IS that crazy American community the ones hanging by a thread on to Guns and God, and a mortgage note by the edge ? You know, the speech of Obama at Pacific Heights in San Fran, that put his campaing track on a tizzy for a while.
    I am sorry you lost me on that one, I am not informed to know who you mean, (on the krazy Americans), but by all means am anxious to learn. Will that play well in the 3rd Circuit, too…?
    Hey, another Appeal Court can do nada to Sir Alex, it has no power to remove him from the bench, it is probably anxious to look at all the photos, UNDER COLOR OF LAW.

  9. Patrick  •  Jun 25, 2008 @3:23 pm

    Norton, I’m banning you.

    Nothing personal. I’m just worried that your ranting is going to attract attention from The Secret Masters Who Rule From The Mountain At The Heart Of The World to us.

    The last time The Secret Masters Who Rule From The Mountain At The Heart Of The World trained their thoughts upon us, it took me weeks to recover from the headaches they induced with their Migraine Machines.

    I don’t need any more of that shit.

  10. Ken  •  Jun 25, 2008 @4:40 pm

    I still maintain that we cut this shit way down by putting Thorazine in the water supply like flouride.

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