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Alex Kozinski: I think that litigants before the court should be very careful about insulting the people who make the decisions. Lesley Stahl: There are those who believe that today, with the White House and Congress under Republicans, that it is incumbent upon the court system to do double duty. But we’re not there to be a political counter-force.

Lesley Stahl: Are you suggesting the president needs to be careful? To be the great balancer against perhaps overweening power. Lesley Stahl: But what happens when two branches are in one hand?

So, we want to be very careful to make sure that candidates for office are free to express their views so that people will make an informed choice. Lesley Stahl: But you’ve also said the guillotine?? I think sometimes people sort of miss the provocation of what you’re saying. Kozinski on “Dating Game”: Good afternoon, flower of my heart. He had better luck at UCLA law-school, where he finished top of his class and then landed a job in Washington working for President Reagan, who later appointed Kozinski to the prestigious 9th Circuit when he was just 35, the youngest in a century. Lesley Stahl: How much of a stigma is it to not turn over exculpatory evidence? Alex Kozinski: Even 1% would be 20,000 – 20,000 people.

We don’t want them holding back, and sort of concealing their views and then disclosing them afterwards. Alex Kozinski: On the contrary, the softer you speak, the more the provocation is heard. And I know what it’s like to live in a system where you can’t speak, you have to whisper. Kozinski was the only child of Holocaust survivors who raised him a committed Communist, which he remained, even when his parents decided to defect when he was 11. He quickly emerged as a brilliant, conservative legal thinker… Lesley Stahl: Well, do you know what’s the word that’s used most often to describe you?

Prosecutor Lee Fish told the court: 'The position is, the complainant in this case has withdrawn all support for this prosecution.'She has made a retraction statement.'She does not wish for this case to continue or give evidence in March.'Matters have been discussed with her in some detail to ensure that this is a properly informed decision and the prosecution and the police are confident that it is.'This is not a case where the prosecution consider it appropriate to compel this lady to come to court and give evidence.'For those reasons, we formally offer no evidence in relation to all three defendants.' Mr Fish said the complainant 'maintains she was raped' but does not want the case to continue.

Brian Mark, defending, said the defendant's case is the allegation against them are 'entirely baseless'.

Alex Kozinski: Yes, when the president is a litigant I think it’s wise for him not to comment on the judges. Alex Kozinski: If they’re both in the same hands it means that the country, the people, want to move in that direction.

It’s not going to help anything—and all it’s going to do is emphasize the weakness of your position. The president himself has come after the Circuit saying that 80 percent of your decisions are overturned by the Supreme Court. I don’t think it’s the job of the judiciary to stand in the way.

He added: 'They say the allegation is untrue.'Paul Cross, also defending, said there was evidence which 'contradicted' the account given by the woman.

Mr Cross added: 'To say she just changed her mind is potentially quite misleading.'Judge Stephen Earl entered not guilty verdicts in respect of all three men, who have been held in custody since their arrest.


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