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04-Sep-2016 16:42

President Trump’s attempts to impose a ban on travelers from half a dozen Muslim-majority nations have been stymied by federal judges -- highlighting the power of the courts to act as a lever against executive power.Tonight, we talk with a prominent and controversial judge on the 9th Circuit Court of Appeals, Alex Kozinski, a conservative appointed by President Reagan.Lesley Stahl: So, he’s just advertising that he’s on shaky ground? Alex Kozinski: The 9th Circuit can’t be split, and won’t be split. Alex Kozinski: Generally when the Supreme Court takes cases they take ‘em to overturn. Trump’s quarrel with the 9th Circuit heated up after it upheld a lower court’s blocking of his controversial travel ban. But judges, as a class, are not a speaking out group. Lesley Stahl: But do you feel an increased tension?They overturn something like 70 or 80 percent of all cases that they take. In the opinion, the judges noted that during the campaign, candidate Trump made “numerous statements… He apologized, and he was admonished by a panel of judges. Alex Kozinski: It’s not that unusual for presidents to take strong positions on cases decided by the court.

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.

Eventually he did, at the same time declaring a mistrial.

Kozinski also asked the Ninth Circuit to conduct an inquiry into the report's allegations about him.

While the court found that Kozinski's lack of oversight concerning the public availability of the images was less than comendable, it thought that a quick admonishment and a little public humiliation would teach the Chief Judge a valuable lesson, and so it didn't recommend any further punishment.

Here's what the court had to say: We find that the Judge's possession of sexually explicit offensive material combined with his carelessness in failing to safeguard his sphere of privacy was judicially imprudent.

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.Eventually he did, at the same time declaring a mistrial.Kozinski also asked the Ninth Circuit to conduct an inquiry into the report's allegations about him.While the court found that Kozinski's lack of oversight concerning the public availability of the images was less than comendable, it thought that a quick admonishment and a little public humiliation would teach the Chief Judge a valuable lesson, and so it didn't recommend any further punishment.Here's what the court had to say: We find that the Judge's possession of sexually explicit offensive material combined with his carelessness in failing to safeguard his sphere of privacy was judicially imprudent.No one ever alleged that Kozinski broke the law, and any questions about impartiality in the obscenity case disappeared after he disqualified himself from hearing it.