Ira Isaacs to Make U.S. Supreme Court Appeal

LOS ANGELES — The Ira Isaacs obscenity case could be headed to the U.S. Supreme Court.

It’s not certain whether justices will take his forthcoming appeal, but Isaacs’ attorney asked a lower court on Tuesday not to send any pretrial proceedings relative to his retrial until the highest court in the country decides.

Obscenity Prosecution Task Force attorneys don’t oppose the request, Isaacs attorney Roger Jon Diamond told XBIZ on Thursday.

“You never know if the justices will take the case, but I’m upbeat,” Diamond said.

Diamond said that he’s been in contact with Justice Department attorney Bonnie Hannon, who also is the lead attorney in the Barry Goldman obscenity prosecution in New Jersey, and that he agreed on one caveat with the obscenity prosecution unit — Isaacs will waive his right to a speedy retrial, whether or not justices take the case.

Diamond noted that the extra time could be beneficial to Isaacs because the court currently is weighing Renico vs. Lett, No. 09-338, a nonobscenity-related double jeopardy case that has some similarity to Isaac’s case.

Isaacs has until May 3 to file a petition to the U.S. Supreme Court to request review.

Isaacs' obscenity case was put on hold last year after Judge Alex Kozinski recused himself after it was revealed that he used a website to distribute sexually explicit photos and videos.

Diamond contends that Isaacs shouldn’t be retried because there was no manifest necessity for the declaration of the mistrial, which was declared without Isaacs' consent, and that it would amount to double jeopardy, a procedural defense hat forbids a defendant from being tried twice for the same crime on the same set of facts.

“My argument has been that Kozinski prematurely called a mistrial, when they could have put in a new judge midway through the proceedings,” he said.

Earlier this month, a three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously denied Isaacs request for a rehearing en banc, or with the full 9th Circuit court.

In December, the 9th Circuit decided that the federal judge who earlier ruled in the case found Kozinski’s recusal proper and that Kozinski exercised “sound discretion” in declaring a mistrial because of “extraordinary circumstances.”

But Diamond said that the 9th Circuit’s unprolific four-page ruling in the Isaacs case was suspect.

“I think they decided that this would discourage review [by a challenge to the U.S. Supreme Court],” he said. “Also I think it was to not embarrass Kozinski because it was an unpublished decision and there were no discussion of the facts.”

Isaacs, who owns Stolen Cars Films and LA Media, faces multiple obscenity-related counts in connection with distribution via the mail the videos “Gang Bang Horse — ‘Pony Sex Game,’” “Mako’s First Time Scat,” “Hollywood Scat Amateurs No. 7” and “BAE 20.”

Federal prosecutors allege that the films are obscene and have no artistic merit. But Isaacs claims the films have both artistic and political value.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

PASS Names 3 New Board Members

Performer Availability Screening Services (PASS) has named RubyLynne, Beth McKenna, and Kira Noir as new members of its board of directors.

Avery Lust, Ariel Demure Headlines 'TS Chronicles 2' From TransSensual

Avery Lust and reigning XMAs Trans Performer of the Year Ariel Demure topline “TS Chronicles 2” from Mile High Media studio imprint TransSensual.

Adriana Chechik Returns to Blacked Raw With Blake Blossom

Adriana Chechik and Blake Blossom star with Sheem in the latest release from Vixen Media Group (VMG) studio imprint Blacked Raw.

Rocco Siffredi Makes On-Camera Return, Launches New Creator Platform

and he’s doing it in a way that reflects both his legacy and the creator-driven landscape shaping today’s market. His latest endeavor is built entirely around collaborations, an approach he says immediately energized him and clarified what this new chapter should look like.

Reagan Foxx Leads 'The Substance' Parody From MYLF

2023 XMAs MILF Performer of the Year Reagan Foxx stars in MYLF's ‘The Substance’ parody, titled “A Sluttier Version of Yourself.”

Jessi Rae Makes Her Deeper Debut

Vixen Media Group (VMG) exclusive Jessi Rae has made her debut for the studio's imprint Deeper, alongside multi-XMAs winner Isiah Maxwell in “Key Mistress.”

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Angela White Fronts Latest From Brazzers

Multi-XMAs winner Angela White stars with Scott Nails in the latest release from Brazzers, “Run Club Rules.”

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

Show More