Isaacs' attorney Roger Jon Diamond said U.S. District Judge George H. King “is allowing us to appeal the ruling to the Ninth Circuit Court of Appeals.”
Diamond told XBIZ Sept. 24 that he planned to file a notice of appeal before the Sept. 29 deadline, but it would be several months before he would present arguments that form the basis of the appeal.
He added that he received an email from Justice Department's Washington, D.C.-based attorney Michael A. Rotker, notifying that Rotker will take over from Kenneth Whitted, the government's attorney in district court, during the appeal process.
Diamond previously told XBIZ that he moved for King to dismiss the case because going forward with the trial again would put his client, Isaacs, on trial for the same charges twice.
The case's previous judge, Alex Kozinski, recused himself because of a Los Angeles Times story that revealed he ran a sex-themed website. In doing so, Kozinski called for a mistrial – which Diamond opposed.