Still No Movement on Ira Isaacs Case

LOS ANGELES — After a week of waiting, the judge in the Ira Isaacs obscenity case still hasn't ruled on a defense motion to dismiss the case based on a claim of double jeopardy.

On Monday, U.S. District Judge George H. King received motions from defense attorney Roger Jon Diamond and the government's legal counsel, Ken Whitted, who serves on the Justice Department's Obscenity Prosecution Task Force.

Diamond 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.

"We didn't ask for a mistrial," he said. "We objected to it. We wanted to finish that trial."

A jury in that trial had already been chosen, sworn in and had heard and seen ample evidence. Diamond argued in his motion that another trial would call into play the Fifth Amendment's prohibition against "double jeopardy."

King gave himself a brief recess on Monday to consider the motion, and he originally said he would return in a matter of minutes to deliver his decision. Moments later, he returned and told the court he would need more time to consider the motion. He has yet to hand down a decision.

Diamond said that King has the prerogative to take as much time as he wants to hand down a decision, though Diamond did say it was unusual for him to tell the court he would be back with a quick decision and then take as much time as he has.

"It sounded like he knew what he was going to do," Diamond said.

Although nothing new has happened as of yet, Diamond noted that regardless of the judge's decision, both sides could immediately appeal the decision before the case goes to trial because of the double jeopardy claim involved.

"If the judge rules against us, we wouldn't have to go through the whole trial and then file an appeal based on double jeopardy," Diamond said. "We could file right away."

As for why the judge is taking so long, Diamond could only offer speculation. He suggested that King might be working on a longer, written ruling, or that he might just have other tasks on his calendar.

"What I don't think is that he's been sitting in his chambers this entire time, cogitating over the matter," Diamond joked.

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

FSC 2026/2027 Board Members Announced

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Show More