According to a letter cited, the prosecutor who sent the nude photos of a federal judge felt trapped and thought she had no other choice.
Judiciary
Prosecutor who sent nude photos to federal judge ‘felt trapped,’ thought she had no choice, cited letter says
December 11, 2024, 2:57 pm CST
An assistant U.S. attorney in Alaska has said she felt “completely powerless” when a then-judge asked for nude photos around the same time that he allegedly texted her about holding grudges and his power to help her win a nomination to the federal bench. (Image from Shutterstock)
An assistant U.S. attorney in Alaska said she felt “completely powerless” when then-U.S. District Judge Joshua M. Kindred of the District of Alaska asked for nude photos around the same time that he allegedly texted her about holding grudges and his power to help her win a nomination to the federal bench, according to documents unsealed Monday.
The assistant U.S. attorney’s allegations were revealed after Senior U.S. District Judge Marco A. Hernandez of the District of Oregon unsealed his September order granting a new trial to a cyberstalking defendant. Kindred presided in the case, and the assistant U.S. attorney described as “AUSA 1” had some prosecution involvement.
“The specific, unusual and highly troubling facts of Judge Kindred’s interactions and relationship with AUSA 1 give rise to at least the appearance of impropriety,” Hernandez wrote when he granted the new trial.
Hernandez also unsealed a defense brief that cited the prosecutor’s August letter detailing her relationship with Kindred. The brief does indicate the recipient but states that it appears to be a response to Kindred’s resignation in July and the filing of motions filed by the defense counsel.
(Photo by Snickers2686, PD US Courts, via Wikimedia Commons) (Photo by Snickers2686 via Wikimedia Commons).
Reuters and Law360 have coverage, while the Volokh Conspiracy published part of the opinion.
Kindred abruptly resigned from the federal bench in July after he was referred to the U.S. Judicial Conference to consider possible impeachment. The judicial council for the 9th U.S. Circuit Court of Appeals at San Francisco had requested Kindred’s resignation after concluding that he created a hostile work environment for his law clerks and had a “sexualized relationship” with one of them. Circuit Court of Appeals at San Francisco had requested the resignation after concluding that Kindred created a hostile work environment for his law clerks and had a “sexualized relationship” with one of them.
The May judicial council report also mentioned the federal prosecutor who sent nude photos to the judge.
A defense motion for a new trial in the cyberstalking case included information said to have been in the letter from “AUSA 1.” The redacted letter was disclosed to the defense by a federal prosecutor tapped to review Kindred’s cases and whether recusal might have been required.
Before she sent the photos, “AUSA 1” said, Kindred sent texts saying he found her attractive, and he had recommended her for a federal judgeship. Kindred had texted “AUSA” about anger and holding grudges a few days before. She believed that she had no choice because he could ruin her career and personal life.
