Kozinski dissented: If the en banc call is missed for whatever reason, the error can be corrected in a future case where the problem again manifests itself....That this is a capital case does not change the calculus.While on the bench, Kozinski was also a mainstay at law school moot courts Former law clerk Heidi Bond described how Kozinski forbade her from reading romance novels during her dinner break: the Judge asserted, "I control what you read, what you write, when you eat. On December 14, the chief judge of the 9th Circuit referred the matters for investigation and a day later assigned them to the 2nd Circuit.On December 15, the Washington Post published a story with allegations against Kozinski from 9 more women, this time with more prominent accusers including colleagues, law students, a professor and a former judge.Kozinski has been accused of sexual misconduct, ranging from harassment to assault, by more than fifteen women.Former Kozinski clerk Katherine Ku has described Kozinski's chambers—where three or four law clerks, one or two judicial assistants, and one or more judicial externs typically worked at a given time—as a "hostile, demeaning and persistently sexualized environment." Some former Kozinski clerks have observed that because Kozinski retired from the bench after the first fifteen women accused him of misconduct, "additional targets of, or witnesses to, Kozinski's transgressions" will not be likely to speak publicly.
Kozinski appointed a five-judge panel to review the matter in which he was the chair.Newdow, Kozinski, who had not been part of the case, emphasized judicial independence: "It seems to me that this is what makes this country truly great—that we can have a judiciary where the person who appoints you doesn't own you." 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.In July 2009, a panel, headed by Judge Anthony Scirica, wrote that Kozinski should have administered his web server more carefully but that Kozinski's apology and deletion of the web site "properly conclude" the matter.