In a comment to my last post on what to do about Judge Alex Kozinski, with particular emphasis on calls from academia for his immediate impeachment and removal from the bench, Judge Richard Kopf provided an overview of previous judicial impeachments.
Judge Kopf concluded that, bad as the allegations then-known about Judge Kozinski may be, they did not rise to the level of misconduct reflected in the other judges who had been removed following impeachment. Mind you, there are also judges who prevailed after impeachment, including Wild Bill Douglas who was twice targeted for impeachment.
Unsurprisingly, this caught the attention of UC/Irvine lawprof Rick Hasen, who has been something of a stalker of Judge Kopf’s over the years.
A relatively benign twit, including nothing more than a quote from Judge Kopf’s comment. Nothing from Hasen to question the conclusion, but that’s allowed. But Hasen wasn’t done.
What does this have to do with anything? Hasen was just getting started.
Kopf was ridiculing the silliness of both the ABA Blawg 100 and the various attacks he’s suffered from academics, like Hasen, for not maintaining the dignified façade expected of federal judges. And Hasen had more!
This was an “old man” joke that the children didn’t get, but in the world of woke children, their sensitivities supplant everything else. This being no different than the prosecutor using the rap sheet as “propensity” evidence to smear a defendant in the absence of any evidence of the case on trial, I had quite enough.
Yes, the innocent “what?” Like every child caught with his hands where they shouldn’t be.
Granted, whenever I question a prawf, they get all hurt and offended, because I can’t seem to manage the multi-twit moderated speech that starts with a positive, inspirational tummy rub before pointing out their vaccuous ways. Still, this didn’t seem too mean to poor Rick.
And into excuse mode he went.
Having already pointed out, rather gently, that Hasen had yet to raise an argument, his claim of “context” to smear Judge Kopf’s lack of acceptable allyship rang disingenuous. I had enough.And because academics depend entirely on the willingness of others to engage in bullshit as if they weren’t completely full of shit, Hasen had enough of me as well.
I suspect he didn’t really care whether I had a nice day or not. It wasn’t until late in the day that I learned that Hasen had a horse in the race*.
Leah Litman, 33, a law professor at the University of California at Irvine, said she, similarly, encountered Kozinski when they appeared together on a panel at her school in July to discuss Supreme Court issues. Litman said that at a dinner at the Italian restaurant Canaletto the night before their panel, Kozinski talked of having just had sex and pinched her side and her leg, just above the knee, with his thumb and middle finger. She said he also tried to feed her with a utensil.
“I felt uncomfortable and just wanted to leave,” Litman said.
Litman, one of the stalwarts at the Take Care Blog, was either unaware of Koz’s reputation through the whisper network or knew, said nothing, and still participated in a panel with this horrible judge because what academic doesn’t want to bask in the reflected glory of a prominent judge when it serves her self-promotional purposes?
But it wasn’t just Litman at this restaurant.
Rick Hasen, a University of California at Irvine professor who was at the dinner, said he recalled Kozinski making a comment similar to what Litman described, and the experience was “surreal.” Hasen said he would not have been able to see any touching of Litman’s leg or side.
Will Hasen be a fact witness against Kozinski in his upcoming inquiry? Does he feel impotent for having failed to protect poor damsel Litman, for having neglected to say anything about this traumatic “surreal” experience? Could this be why he lashed out at Judge Kopf, to compensate for his failure to say a word about Judge Kozinski so he could continue to enjoy dinners with prominent Ninth Circuit judges as if he had any hope of being their peer?
Have a nice day, Rick.
*The latest WaPo article relates nine more women raising allegations against Judge Kozinksi. One, from retired U.S. Court of Federal Claims judge, 73-year-old Christine O.C. Miller, would constitute a likely crime if true, changing the analysis such that the allegations align far more closely with the impeachment of Sam Kent.