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Prosecutor who sent nude photos to federal judge ‘felt trapped,’ thought she had no choice, cited letter says

By Debra Cassens Weiss

December 11, 2024, 2:57 pm CST

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. Hernández 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,” Hernández wrote when he granted the new trial.

Hernández also unsealed a defense brief that cited the prosecutor’s August letter detailing her relationship with Kindred. The brief does not indicate the recipient of the letter but says it appears to be in response to Kindred’s July resignation and the filing of motions by the defense counsel.

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 for possible impeachment. The judicial council of the 9th U.S. 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. Shortly before that, Kindred allegedly texted “AUSA 1” about anger issues and holding grudges.

Her letter said she felt pressured to send the photos, according to the defense motion.

“I felt trapped and believed I had no choice,” she wrote. She thought that she “had no other option because he has the power to ruin not only my career but my personal life, as well.”

The prosecutor made the accusations after saying in an earlier letter that her relationship with Kindred was purely professional, according to Hernández’s order.

The cyberstalking defendant was tried and convicted a second time last month, according to a Dec. 6 press release.