Despite a Hail Mary pass to the Pennsylvania Supreme Court, seeking to invoke that tribunal's "King's Bench" powers, it appears likely that embattled AG Kathleen Kane will finally face the music on Monday. That's when her perjury trial is expected to begin. It will be the second time this Summer that a high ranking Democrat faces trial. For Chaka Fattah, it was political corruption. For Kane, it is lying to a Grand Jury.
Though Trump's campaign has finally imploded, these little incidents are bound to hurt Democrats running for state office.
Today's one-liner: “In a republican nation whose citizens are to be led by reason and persuasion and not by force, the art of reasoning becomes of first importance.” T Jefferson
Showing posts with label Kathleen Kane. Show all posts
Showing posts with label Kathleen Kane. Show all posts
Wednesday, August 03, 2016
Wednesday, January 13, 2016
The Republicans' Kane Strategy
Republican AG candidate John Rafferty was in town over the weekend. He's also a state senator, and told a group of fellow Republicans why Kathleen Kane is still in office. It's because that's where Republicans want her. They don't want her to drown until she does as much damage as can possibly be done to Democrats seeking office this year.
Wednesday, December 02, 2015
Morganelli: Kane Leading Us Into Black Hole
Northampton County DA John Morganelli, who is seriously considering his own run for Attorney General next year, believes Kathleen Kane's decision yesterday to appoint a special prosecutor who himself is not licensed to practice in Pa and has his own checkered past, presents "an unprecedented constitutional crisis that is shaking the foundation of our justice system."
True, true, but it's been great fun watching the Kane trainwreck. And now, Kane promises to get those white men who are after her by scouring email servers to look for naughty emails.
Here's John's statement:
Attorney General Kathleen Kane's press conference in Philadelphia announcing the appointment of former Maryland Attorney General Douglas Gansler as a Special Deputy Attorney General sinks Pennsylvania further into an unprecedented constitutional crisis that is shaking the foundation of our justice system.
From the the beginning of this whole ordeal, the actions and reactions of those involved have been suspect. First there was the questionable investigation of Ms. Kane herself which was started by a secret process in which a common pleas judge appointed a so called special prosecutor. Although that appointment was eventually upheld by the Pennsylvania Supreme Court, the public confidence in that decision was questioned when it was learned that some of the justices who so ruled were involved in a related porn, email scandal allegedly uncovered by Ms. Kane. Thereafter, the Supreme Court's unprecedented suspension of Ms. Kane's law license even before she has been convicted of any crimes brought new questions as to whether due process has actually been suspended in these matters. Then, the action of the Pennsylvania Senate to invoke an obscure and essentially untested provision of the Pennsylvania Constitution to remove her short circuiting the established and recognized impeachment process for removal is now leading to a collision of constitutional provisions that may actually end up in the US Supreme Court. Mr. Gansler hinted at that likelihood in his comments during the announcement of his appointment. The prospect now that we have yet another layer of "special prosecutors" this time appointed by an embattled attorney general with a mission that seems unclear leads Pennsylvania further into a black hole that seems capable of spinning without direction for years to come.
In 2016, we will elect a new Attorney General. Before that, we may have a new, temporary attorney general appointed by the Governor and approved by the Senate assuming that Ms. Kane is actually removed and assuming she does not defy such an order for removal and decides she can stay pending an appeal to the US Supreme Court. Whoever those persons are, they must possess strong, tested, criminal law and prosecution experience capable of understanding the aforesaid dynamics. Pennsylvania cannot afford "on the job training" with respect to the next attorney general.
My Take
The Pennsylvania Supreme Court approved the appointment of the special prosecutor who investigated Kane last year and is also the body that suspended her law license last year. So I see no constitutional crisis there. Removal by the Governor upon address of 2/3 of the Pa. Senate can only occur after "after due notice and full hearing," so it presents no due process concerns. Though both impechment and senate removal are rare occurrences, so are Attorneys General who commit perjury.
What I find very troubling is Kane's appointment of a special prosecutor whose sole mission is to engage in a witch hunt of every state employee in a search for porn. The decision to launch this investigation is a legal one, so Kane is practicing law without a license. It's also a ridiculous waste of money. Although special prosecutor Doug Gansler stated he would only charge what the AG herself is paid, he indicated that the gaggle of mini-prosecutors he brought with him will be charging their firm rate. So Pennsylvanians will be paying millions to Maryland lawyers to look for naughty emails that Kane can then refuse to release in response to Right-to-Know requests.
She needs to go. The sooner, the better.
True, true, but it's been great fun watching the Kane trainwreck. And now, Kane promises to get those white men who are after her by scouring email servers to look for naughty emails.
Here's John's statement:
Attorney General Kathleen Kane's press conference in Philadelphia announcing the appointment of former Maryland Attorney General Douglas Gansler as a Special Deputy Attorney General sinks Pennsylvania further into an unprecedented constitutional crisis that is shaking the foundation of our justice system.
From the the beginning of this whole ordeal, the actions and reactions of those involved have been suspect. First there was the questionable investigation of Ms. Kane herself which was started by a secret process in which a common pleas judge appointed a so called special prosecutor. Although that appointment was eventually upheld by the Pennsylvania Supreme Court, the public confidence in that decision was questioned when it was learned that some of the justices who so ruled were involved in a related porn, email scandal allegedly uncovered by Ms. Kane. Thereafter, the Supreme Court's unprecedented suspension of Ms. Kane's law license even before she has been convicted of any crimes brought new questions as to whether due process has actually been suspended in these matters. Then, the action of the Pennsylvania Senate to invoke an obscure and essentially untested provision of the Pennsylvania Constitution to remove her short circuiting the established and recognized impeachment process for removal is now leading to a collision of constitutional provisions that may actually end up in the US Supreme Court. Mr. Gansler hinted at that likelihood in his comments during the announcement of his appointment. The prospect now that we have yet another layer of "special prosecutors" this time appointed by an embattled attorney general with a mission that seems unclear leads Pennsylvania further into a black hole that seems capable of spinning without direction for years to come.
In 2016, we will elect a new Attorney General. Before that, we may have a new, temporary attorney general appointed by the Governor and approved by the Senate assuming that Ms. Kane is actually removed and assuming she does not defy such an order for removal and decides she can stay pending an appeal to the US Supreme Court. Whoever those persons are, they must possess strong, tested, criminal law and prosecution experience capable of understanding the aforesaid dynamics. Pennsylvania cannot afford "on the job training" with respect to the next attorney general.
My Take
The Pennsylvania Supreme Court approved the appointment of the special prosecutor who investigated Kane last year and is also the body that suspended her law license last year. So I see no constitutional crisis there. Removal by the Governor upon address of 2/3 of the Pa. Senate can only occur after "after due notice and full hearing," so it presents no due process concerns. Though both impechment and senate removal are rare occurrences, so are Attorneys General who commit perjury.
What I find very troubling is Kane's appointment of a special prosecutor whose sole mission is to engage in a witch hunt of every state employee in a search for porn. The decision to launch this investigation is a legal one, so Kane is practicing law without a license. It's also a ridiculous waste of money. Although special prosecutor Doug Gansler stated he would only charge what the AG herself is paid, he indicated that the gaggle of mini-prosecutors he brought with him will be charging their firm rate. So Pennsylvanians will be paying millions to Maryland lawyers to look for naughty emails that Kane can then refuse to release in response to Right-to-Know requests.
She needs to go. The sooner, the better.
Friday, October 30, 2015
Kane Office Challenge a No Quo, Sez Morganelli
(Kathleen Kane Theme Song)
The way to test a person's right to hold wlwcted office is by an action called a quo warranto. Those are brought by the Attorney General or a District Attorney. Obviously. Kathleen Kane is not going to be suing herself any time soon. But what about the DAs? Here's what NorCo DA John Morganelli has to say.
I am NOT filing a Quo Warranto against Kathleen Kane. I was just noting that I was asked to by a high ranking OAG offical.
A few weeks ago, I was contacted by a high ranking person in the OAG and asked if I would consider bringing a Quo Warranto action to remove AG Kathleen Kane from office. Under Pennsylvania law, generally, only a district attorney or the attorney general has the legal standing to bring such an action that seeks to remove a public official from office who no longer has the legal qualifications to hold such office. I found it alarming that high ranking OAG people thought things were so bad that they openly were looking to have a coup regarding their boss. Since then, however, the situation has gotten worse. In my 24 years as District Attorney, and my 35 years as a lawyer, I have never seen anything like this. We have accusations of criminal conduct against the AG. Counter charges by the AG of criminal conduct against judges and internal revolt by top OAG officials against their boss. There have been calls for a federal investigation, and calls for independent prosecutors to try to find out what is actually going on.
The OAG is dysfunctional at this point. It is a mess , and damage is being done to the foundation of Pennsylvania's criminal justice system. Public confidence in the OAG as well as in our judges and courts are being eroded. I never imagined it could get so bad. Although Ms. Kane continues to have the right of due process relative to the charges against her, it is imperative that this matter come to a conclusion as quickly as possible.
John Morganelli is Pennsylvania's senior district attorney. He is past president of the Pennsylvania District Attorneys Association and was the Democratic candidate for attorney general in 2008.
Tuesday, September 22, 2015
Will Kathleen Kane Step Down Now?
In a per curiam order, the Pennsylvania Supreme Court has temporarily suspended Attorney General Kathleen Kane's law license. Since the Pennsylvania Constitution expressly requires that the Attorney General must be a licensed attorney, logic would dictate that she step down. Instead, she's doubled down. Not only has she vowed to complete her term, but did so from the Attorney General website, using public resources to discuss her criminal prosecution. She just doesn't seem to be getting it.
Look, she's entitled to a presumption of innocence in the criminal case, and will certainly have her day in court. That's her constitutional right. But under that same constitution, she is now unqualified for the position she holds.
If she bitterly holds on, she can still be removed. Option One: The House can impeach her, followed by a conviction in the Senate. Option Two The Senate can exercise its never-exercised direct removal power, which requires a 2/3 majority and the assent of the Governor. Option Three. Any of the Commonwealth's 67 District Attorneys can bring an action in quo warranto.
She's playing with fire. Since she no longer is a practicing attorney, I can see defense attorneys filing motions to quash anything she files as legal nullities. I could even see a defense attorney arguing that, since no qualified person holds the office of AG, any prosecution from that office has to be dismissed.
Instead of being concerned about the effective administration of criminal justice, Kane is misusing the resources of her office to deflect attention away from her own wrongdoing by pointing the finger at others who may have exchanged - Gasp! - naughty emails. While denying anyone who files RTKs the right to see these horrible emails, she wants Justice J. Michael Eakin electrocuted because someone sent him inappropriate messages at his personal email account. Never mind that he sent none himself, and there's no evidence he actually saw the offensive Internet crap that almost everyone receives.
Have you no sense of decency, Kathleen Kane, at long last? Have you no sense of decency?
A poll on my left sidebar asks whether Kane should resign. I'll share the results on Friday.
Look, she's entitled to a presumption of innocence in the criminal case, and will certainly have her day in court. That's her constitutional right. But under that same constitution, she is now unqualified for the position she holds.
If she bitterly holds on, she can still be removed. Option One: The House can impeach her, followed by a conviction in the Senate. Option Two The Senate can exercise its never-exercised direct removal power, which requires a 2/3 majority and the assent of the Governor. Option Three. Any of the Commonwealth's 67 District Attorneys can bring an action in quo warranto.
She's playing with fire. Since she no longer is a practicing attorney, I can see defense attorneys filing motions to quash anything she files as legal nullities. I could even see a defense attorney arguing that, since no qualified person holds the office of AG, any prosecution from that office has to be dismissed.
Instead of being concerned about the effective administration of criminal justice, Kane is misusing the resources of her office to deflect attention away from her own wrongdoing by pointing the finger at others who may have exchanged - Gasp! - naughty emails. While denying anyone who files RTKs the right to see these horrible emails, she wants Justice J. Michael Eakin electrocuted because someone sent him inappropriate messages at his personal email account. Never mind that he sent none himself, and there's no evidence he actually saw the offensive Internet crap that almost everyone receives.
Have you no sense of decency, Kathleen Kane, at long last? Have you no sense of decency?
A poll on my left sidebar asks whether Kane should resign. I'll share the results on Friday.
Wednesday, August 19, 2015
KK Has Primary Challenger
Embattled Attorney General has a primary challenger, and it's not John Morganelli. At least not yet. Jack Stollsteimer, a former federal and Delaware County prosecutor,claims he is running to restore integrity and experience to the office. In the meantime, flamboyant activist Gene Stilp, who once used a pink pig bus to convey his messages of government waste, questions how she was able to use the Capitol Media Center or her publicly paid spokesperson to address the criminal case against her, which really is a personal matter. Last week, he also filed a complaint with the Disciplinary Board, seeking Kane's disbarment.
In the meantime, a new website - The Truth About Kathleen Kane - has emerged, and defends her as "the victim of angry men who targeted her after she exposed their pornography habits."
In the meantime, a new website - The Truth About Kathleen Kane - has emerged, and defends her as "the victim of angry men who targeted her after she exposed their pornography habits."
Monday, August 17, 2015
Bumstead Has Some Questions For AG KK
Investigative journalist Brad Bumstead has a number of interesting questions he would have like to have asked embattled AG Kathleen Kane during her surreal news conference last week. The most interesting of these, at least to me, is this: "Is holding a press conference in a public media center typically reserved for policy appropriate for what amounts to a personal matter, the opening round of your criminal defense?"
Don't we prosecute people who use public resources for personal purposes? Her seventh spokesperson, Chuck Ardo, also seems to be spending an awful lot of time answering what really are personal questions.
Don't we prosecute people who use public resources for personal purposes? Her seventh spokesperson, Chuck Ardo, also seems to be spending an awful lot of time answering what really are personal questions.
Wednesday, August 12, 2015
The Kane Mutiny - They're Out to Get Me
Attorney General Kathleen Kane met the press today concerning the criminal charges leveled against her. Her presser, as reporters call them, was billed as a no-holds barred news conference in which Attorney General Kathleen Kane would answer any and all of the accusations leveled at her. That prospect intrigued me enough to try to get there myself, although Kane's press agent never responded to my email. It would have been a waste of time. Not only did she refuse to take any questions, but she really provided no explanation for her own misconduct. She instead tried to point the finger at a conspiracy of judges and prosecutors who are out to get her because she exposed their exchange of naughty emails.
She denied that the investigation into her own misconduct has thrown her office off target.
"Pennsylvania is safer now than it has ever been," she insisted, with rants about a "stealth political weapon" and the danger of allowing politicians to choose the next Attorney General.
She wants everything halted until Judge William Carpenter, supervising grand jury judge, authorizes the release of naughty emails.
With her voice cracking, she complained that her sons found out about the charges on television.
She is clearly unhinged and really needs to resign.
Northampton County DA John Morganelli, who is considering a run for the office himself, offers this reaction:
Updated 4:40 pm: The Morning Call's Bill White had a reaction, too. He must have run into Kane at Musikfest.
She denied that the investigation into her own misconduct has thrown her office off target.
"Pennsylvania is safer now than it has ever been," she insisted, with rants about a "stealth political weapon" and the danger of allowing politicians to choose the next Attorney General.
She wants everything halted until Judge William Carpenter, supervising grand jury judge, authorizes the release of naughty emails.
With her voice cracking, she complained that her sons found out about the charges on television.
She is clearly unhinged and really needs to resign.
Northampton County DA John Morganelli, who is considering a run for the office himself, offers this reaction:
"There was no point to this press conference. Nothing new. Quite frankly, even if all these people in OAG circulated such emails, I fail to see how this is relevant to the allegations that she lied in the grand jury, asked her employee to improperly access protected material, and leaked the Mondeshire grand jury material to the press. There is a huge disconnect there."It is the kind of disconnect you see in people with emotional problems.
Updated 4:40 pm: The Morning Call's Bill White had a reaction, too. He must have run into Kane at Musikfest.
Thursday, August 06, 2015
AG Kathleen Kane Charged Over Grand Jury Leaks
The Inky is reporting that AG Kathleen Kane has been charged with leaking Grand Jury information in an attempt to muddy up her perceived political enemies. The charges, filed by Montgomery County DA Risa Ferman, include perjury, official oppression, obstruction of justice and contempt of court. A member of her security detail, Pattrick Reese, has been charged with assisting her.
Since Kane has vowed to stay in office, it is now up to the legislature and Governor to remove her.
She is innocent until proven guilty, but the citizens of Pennsylvania need a top prosecutor who can focus on doing the job.
A more detailed account by investigative reporter Brad Bumstead is here. He quotes DA Ferman as saying, "No one is above the law, not even the chief law enforcement officer of the state of Pennsylvania.” ... When someone entrusted with upholding the law violates that oath, we are all victims.”
Since Kane has vowed to stay in office, it is now up to the legislature and Governor to remove her.
She is innocent until proven guilty, but the citizens of Pennsylvania need a top prosecutor who can focus on doing the job.
A more detailed account by investigative reporter Brad Bumstead is here. He quotes DA Ferman as saying, "No one is above the law, not even the chief law enforcement officer of the state of Pennsylvania.” ... When someone entrusted with upholding the law violates that oath, we are all victims.”
Wednesday, August 05, 2015
Bumstead: AG Kane May Be Indicted as Soon as Thursday
Pennsylvania's premier investigative reporter, Brad Bumstead, is predicting that AG Kathleen Kane is going to be charged criminally, possibly as soon as tomorrow, with divulging grand jury materials. She has insisted she can proscute the bad guys while simultaneously defending herself agasinst criminal charges. But if she is charged, I would expect Democrats and Republicand alike to demand her resignation.
Friday, May 01, 2015
Former NorCo ADA Accuses Kane Chief of Staff of Sexual Harassment
Michele Kluck is a former Northampton County Assistant District Attorney who left for the state Attorney General's Mobile Street Crime Unit in September 2013. She reported to Jonathan Duecker, who is currently Kane's acting Chief of Staff. According to Kluk, this unit was blowing off some steam at a Hazleton bar in February 2014 when Duecker reached up the back of her blouse and touched her thigh. Although she discussed this matter with her immediate supervisor, she took no further action. The state Office of professional Responsibility approached her, not the other way around.
You'd think that a female prosecutor who is claiming sexual harassment would get some sympathy from Attorney General Kathleen Kane, who has claimed at times that she is the victim of sexists. But you'd be wrong. Her spokesperson is painting Kluk as an unwitting dupe being used by people who want Duecker and Kane out.
I see.
"Ah, but the strawberries, that's, that's where I had them, they laughed at me and made jokes, but I proved beyond the shadow of a doubt, with geometric logic, that a duplicate key to the ward room icebox did exist, and I've had produced that key if they hadn't pulled the Caine out of action. I, I know now they were only trying to protect some fellow officer. [He pauses - looked at all the questioning faces that stared back at him, and realizes that he has been ranting and raving] Naturally, I can only cover these things from memory. If I left anything out, why, just ask me specific questions and I'll be glad to answer them."
I want Kane out, too.
You'd think that a female prosecutor who is claiming sexual harassment would get some sympathy from Attorney General Kathleen Kane, who has claimed at times that she is the victim of sexists. But you'd be wrong. Her spokesperson is painting Kluk as an unwitting dupe being used by people who want Duecker and Kane out.
I see.
"Ah, but the strawberries, that's, that's where I had them, they laughed at me and made jokes, but I proved beyond the shadow of a doubt, with geometric logic, that a duplicate key to the ward room icebox did exist, and I've had produced that key if they hadn't pulled the Caine out of action. I, I know now they were only trying to protect some fellow officer. [He pauses - looked at all the questioning faces that stared back at him, and realizes that he has been ranting and raving] Naturally, I can only cover these things from memory. If I left anything out, why, just ask me specific questions and I'll be glad to answer them."
I want Kane out, too.
Monday, April 13, 2015
Will Kane Ruin Hillary's Prospects in Pa?
The wait is over. Hillary Clinton has finally said Yes. She announced her Presidential bid yesterday. "The deck is still stacked in favor of those at the top," she declared, in an obvious populist appeal. According to one pundit, she's the presumptive favorite. And he has all kinds of pretty graphs to prove his point. I have no graphs, but know that Hillary was the presumptive favorite in 2008, too. She won in Pennsylvania, and I voted for her. But can she win again? Or will her ties to Kathleen Kane doom her bid in the Keystone State.
It's pretty clear that Kane is a disaster. In addition to the Friday afternoon search warrants served on her office, a Montgomery County judge is convening a three-judge panel to determine whether her firing of a top prosecutor last week was in contempt of a court order. It's increasingly likely that she is going to face criminal prosecution. Public confidence in her office is already in shambles. She's been in denial and is being enabled by top Democrats like Governor Tom Wolf and Ed Rendell.
Charges, if filed, will no doubt drag out until some time next year, and during that time, it's anybody's guess how many more shoes will drop.
In the meantime, she just happens to be using Lanny Davis as her spin meister, which is exactly the role he once performed for the Clintons.
If the Clintons have proved anything during their decades in the public eye, it's that they are perfectly capable of creating scandals on their own. They need no help from Kane.
At the current pace, Kane has all but assured that the next Attorney General will be a Republican. She can't win, and unless she resigns and lets someone like John Morganelli take control, a Republican will be elected.
Even worse, Kane's scandal is going to send shockwaves, not ripples, into Hillary's Presidential bid. On the comment boards, I have already seen numerous Hillary-Kane comparisons. Though they have little in common other than the fact that both are women, that will be enough for many in a state that is still incredibly sexist.
Kane needs to resign now.
It's pretty clear that Kane is a disaster. In addition to the Friday afternoon search warrants served on her office, a Montgomery County judge is convening a three-judge panel to determine whether her firing of a top prosecutor last week was in contempt of a court order. It's increasingly likely that she is going to face criminal prosecution. Public confidence in her office is already in shambles. She's been in denial and is being enabled by top Democrats like Governor Tom Wolf and Ed Rendell.
Charges, if filed, will no doubt drag out until some time next year, and during that time, it's anybody's guess how many more shoes will drop.
In the meantime, she just happens to be using Lanny Davis as her spin meister, which is exactly the role he once performed for the Clintons.
If the Clintons have proved anything during their decades in the public eye, it's that they are perfectly capable of creating scandals on their own. They need no help from Kane.
At the current pace, Kane has all but assured that the next Attorney General will be a Republican. She can't win, and unless she resigns and lets someone like John Morganelli take control, a Republican will be elected.
Even worse, Kane's scandal is going to send shockwaves, not ripples, into Hillary's Presidential bid. On the comment boards, I have already seen numerous Hillary-Kane comparisons. Though they have little in common other than the fact that both are women, that will be enough for many in a state that is still incredibly sexist.
Kane needs to resign now.
Thursday, April 09, 2015
Morganelli: Revive Independent Counsel Act
| NorCo DA John Morganelli |
For five years, in reaction to the prosecution and conviction of then AG Ernie Preate, Pennsylvania had an Independent Counsel Act, which laid out a process for investigations leading to the state's top prosecutor. But that law expired in 2003, and has never been revived.
There certainly is a reason to be concerned, as one justice has put it, about judges who "embark on independent ventures, sailing in ships without sails of authority, using engines devoid of constitutional power ad employing a compass lacking decisional direction."
Ironically, as DA John Morganelli was calling for a legislative framework, a state senate leader was unknowingly obliging him. According to Citizens Voice, Majority Whip John Gordner, R-Berwick asked fellow lawmakers to join him on Wednesday in re-establishing the Independent Counsel Authorization Act.
But nobody disputes that judges must have the authority to ensure that their own orders are being followed.
A prime example of this is United States v. Shipp, which is the only time that the United States Supreme Court conducted a criminal trial. A local sheriff and several others went to jail for contempt. Behind this trial is the Court;'s inherent authority to see that its own orders are followed. It arises out a rape case in Tennessee, nearly 100 years ago.
All the victim could remember later was that her assailant had been black. The local Sheriff arrested a black man, who was charged and convicted despite the victim's inability to be sure that he was the man. He was sentenced to death. As evidence mounted that made it increasingly clear that that he had been framed, his unpopular black lawyer took the unheard of step of asking the Supreme Court to intervene. Even more unlikely, Justice John Harlan agreed to do so. He issued what is known as a writ of habeas corpus, demanding that state officials surrender the convicted prisoner into the custody of a United States Marshall.
Instead of doing that, the sheriff and others turned their heads the other way as an innocent man was dragged away and lynched.
Obviously, a Court is useless unless it has the power to ensure its own orders are followed.
Blogger's Note: This story, originally published at midnight, has been updated to reflect that the state Senate majority Whip has called for re-establishment of the Independent Counsel Authorization Act.
Wednesday, March 18, 2015
Bumstead: How Kane Investigation Started
Brad Bumstead, the TribLive reporter who has been all over the Kathleen Kane story, now knows and tells us how it all started. With a letter. Two former state prosecutors requested Montgomery County Judge William Carpenter to launch an investigation into the leak of secret grand jury material. He did, and it led to concussed Kane.
What I find interesting about this letter is that one of the two top prosecutors involved is E. Marc Costanzo. He is the fellow who took down political consultant Tom Severson, here in Northampton County. I watched him in action at Severson's preliminary hearing, in which he laid out a prosecution theory that honed in on a web of deceit - a conspiracy to keep the public in the dark about Severson's involvement in various political campaigns. Severson played on both sides. He wanted to keep his work for Democrats a secret from Republicans, who were paying him huge sums of money.
During a break, he gave me one of those prosecutorial glares that guys like former Lehigh County DA Bill Platt mastered. I immediately pleaded guilty.
What I find interesting about this letter is that one of the two top prosecutors involved is E. Marc Costanzo. He is the fellow who took down political consultant Tom Severson, here in Northampton County. I watched him in action at Severson's preliminary hearing, in which he laid out a prosecution theory that honed in on a web of deceit - a conspiracy to keep the public in the dark about Severson's involvement in various political campaigns. Severson played on both sides. He wanted to keep his work for Democrats a secret from Republicans, who were paying him huge sums of money.
During a break, he gave me one of those prosecutorial glares that guys like former Lehigh County DA Bill Platt mastered. I immediately pleaded guilty.
Thursday, January 15, 2015
Morganelli: Is It Time For Independent Counsel Statute?
Dueling prosecutors. It has been leaked that Attorney General Kathleen Kane is in a District Attorney's cross-hairs because she leaked Grand Jury information. No one is sure precisely who authorized this investigation, or if there is any legal authority for it. Whoever tattled on Kane has spawned yet another Grand Jury investigation into that leak. A black District Attorney is happily prosecuting cases that Attorney General had panned as racially motivated. Naughty emails that include state prosecutors and a Supreme Court justice suddenly find their way to a Supreme Court Chief Justice. Kane incorrectly hints that some of them include underage children. A judge muzzles the Attorney General from discussing these emails. Things are a mess. part of the reason for that is that Pennsylvania really needs an independent counsel statute. Here's what Northampton County DA John Morganelli has to say.
There is no question that Attorney General Kathleen Kane has made mistakes. Whether those mistakes amount to prosecutable crimes will initially be determined by Montgomery County District Attorney Risa Ferman and, perhaps, ultimately, by a judge or jury. If the Attorney General is found guilty of crimes after receiving due process, so be it. But with that said, right from the outset, there have been legitimate questions raised as to the process that has led to the appointment of a special prosecutor and now, presumably, a presentment by a sitting grand jury in Norristown. Ms. Kane’s attorney, Lanny Davis, recently cited the Doctrine of Separation of Powers as prohibiting a judge from acting in an executive fashion to investigate another branch of government. Mr. Davis has hinted that the appointment of Thomas Carluccio as a special prosecutor is an illegal appointment under the Pennsylvania Constitution and the aforesaid doctrine. Ultimately, that issue may also be litigated. In the meantime, lawyers in Pennsylvania, including many prosecutors and legal scholars, are also privately questioning the legal basis that has led us to where we are. The questions are numerous: Who initiated the request for the Attorney General to be investigated? Were petitions filed? Why are all of the filings sealed? Why is Attorney General Kane allegedly gagged from speaking about anything including information that could aid in her defense? The public has an absolute right to know the answer to these questions when the elected Attorney General is on the ropes.
Former Chief Justice Ronald Castille has stated that the Supreme Court of Pennsylvania has the power to appoint a special prosecutor to look into grand jury leaks. Admittedly, it has not been unusual for the appointment of a special prosecutor to investigate grand jury leaks. What is unusual in this case, however, is the appointment of a special prosecutor by the judicial branch of government to investigate a sitting attorney general elected by the people of Pennsylvania and who is part of the executive branch of government. In addition, the investigation into grand jury leaks normally would result in a report with recommendations. In this case, however, the leaks out of the current grand jury suggest that a presentment rather than a report has been issued. A presentment is more compelling because it is in the nature of a probable cause determination with a direct recommendation to a prosecutor to charge. As such it is much more significant than a grand jury report.
All of these issues raise the question as to whether Pennsylvania should revisit the enactment of an independent counsel statute which existed for a period of five years between 1998 and 2003. Pennsylvania’s law was known as the “Independent Counsel Authorization Act” (18 Pa.C.S.A. §9301) and established a special independent prosecutor’s panel comprised of various judges of the Commonwealth chosen by lot. Authority was placed in the Commonwealth’s General Counsel to appoint a special investigator under certain circumstances. The Act specifically provided for a process to investigate allegations that the Attorney General may have committed a crime. Pennsylvania’s Independent Counsel Act provided a transparent and legislatively approved process to investigate the Attorney General in the event of alleged wrongdoing. The Act spelled out the full authority of an independent counsel. The law also provided legislative oversight. Unfortunately, the law had a five year sunset provision which expired in 2003 without further legislative action.
In light of the current matter involving Attorney General Kane, the Pennsylvania legislature should revisit this. The former statute was a bit cumbersome and probably should be rewritten. Still it achieved its intended purpose - having a transparent, orderly and legislatively legitimate method of investigating any wrong doing alleged on the part of the Attorney General. The enactment of an Independent Counsel Statute would go a long way in assuring a fair and open process in the future, and would eliminate any speculation that powerful people acting in secret behind closed doors can bring down an independent elected Attorney General.
John M. Morganelli is the District Attorney of Northampton County. He is a past president of the Pennsylvania District Attorney’s Association and was the Democratic candidate for Attorney General in 2008.
There is no question that Attorney General Kathleen Kane has made mistakes. Whether those mistakes amount to prosecutable crimes will initially be determined by Montgomery County District Attorney Risa Ferman and, perhaps, ultimately, by a judge or jury. If the Attorney General is found guilty of crimes after receiving due process, so be it. But with that said, right from the outset, there have been legitimate questions raised as to the process that has led to the appointment of a special prosecutor and now, presumably, a presentment by a sitting grand jury in Norristown. Ms. Kane’s attorney, Lanny Davis, recently cited the Doctrine of Separation of Powers as prohibiting a judge from acting in an executive fashion to investigate another branch of government. Mr. Davis has hinted that the appointment of Thomas Carluccio as a special prosecutor is an illegal appointment under the Pennsylvania Constitution and the aforesaid doctrine. Ultimately, that issue may also be litigated. In the meantime, lawyers in Pennsylvania, including many prosecutors and legal scholars, are also privately questioning the legal basis that has led us to where we are. The questions are numerous: Who initiated the request for the Attorney General to be investigated? Were petitions filed? Why are all of the filings sealed? Why is Attorney General Kane allegedly gagged from speaking about anything including information that could aid in her defense? The public has an absolute right to know the answer to these questions when the elected Attorney General is on the ropes.
Former Chief Justice Ronald Castille has stated that the Supreme Court of Pennsylvania has the power to appoint a special prosecutor to look into grand jury leaks. Admittedly, it has not been unusual for the appointment of a special prosecutor to investigate grand jury leaks. What is unusual in this case, however, is the appointment of a special prosecutor by the judicial branch of government to investigate a sitting attorney general elected by the people of Pennsylvania and who is part of the executive branch of government. In addition, the investigation into grand jury leaks normally would result in a report with recommendations. In this case, however, the leaks out of the current grand jury suggest that a presentment rather than a report has been issued. A presentment is more compelling because it is in the nature of a probable cause determination with a direct recommendation to a prosecutor to charge. As such it is much more significant than a grand jury report.
All of these issues raise the question as to whether Pennsylvania should revisit the enactment of an independent counsel statute which existed for a period of five years between 1998 and 2003. Pennsylvania’s law was known as the “Independent Counsel Authorization Act” (18 Pa.C.S.A. §9301) and established a special independent prosecutor’s panel comprised of various judges of the Commonwealth chosen by lot. Authority was placed in the Commonwealth’s General Counsel to appoint a special investigator under certain circumstances. The Act specifically provided for a process to investigate allegations that the Attorney General may have committed a crime. Pennsylvania’s Independent Counsel Act provided a transparent and legislatively approved process to investigate the Attorney General in the event of alleged wrongdoing. The Act spelled out the full authority of an independent counsel. The law also provided legislative oversight. Unfortunately, the law had a five year sunset provision which expired in 2003 without further legislative action.
In light of the current matter involving Attorney General Kane, the Pennsylvania legislature should revisit this. The former statute was a bit cumbersome and probably should be rewritten. Still it achieved its intended purpose - having a transparent, orderly and legislatively legitimate method of investigating any wrong doing alleged on the part of the Attorney General. The enactment of an Independent Counsel Statute would go a long way in assuring a fair and open process in the future, and would eliminate any speculation that powerful people acting in secret behind closed doors can bring down an independent elected Attorney General.
John M. Morganelli is the District Attorney of Northampton County. He is a past president of the Pennsylvania District Attorney’s Association and was the Democratic candidate for Attorney General in 2008.
Wednesday, January 14, 2015
Philadelphia DA Ordered To Produce Emails That May Expose Kane Feud
The state Office of Open Records has ordered Philadelphia's District Attorney to produce emails that may shed light on the feud between Attorney General Kathleen Kane and various Philadelphia prosecutors. Ryan Bagwell, founder of the Penn State Sunshine Fund, has made the request, seeking emails penned by DA Seth Williams, prosecutor Frank Fina and the appropriately-named Judge Barry Feudale. All three have been highly critical of Kane. Judge Feudale, who was removed from a Grand Jury investigation called at Kane's behest, has told The Patriot News, "She is a politician 'first, second, third and fourth.'"
Kane has previously provided Bagwell with access to Fina's emails during his tenure as a top prosecutor for then Attorney General Tom Corbett.
Bagwell has filed 19 RTK appeals from various state and local agencies.
West Easton's Tricia Mezzacappa, by my count, has filed 44.
Kane has previously provided Bagwell with access to Fina's emails during his tenure as a top prosecutor for then Attorney General Tom Corbett.
Bagwell has filed 19 RTK appeals from various state and local agencies.
West Easton's Tricia Mezzacappa, by my count, has filed 44.
Monday, January 12, 2015
Kathleen Kane Tries Karen Dolan Defense
Attorney General Kathleen Kane, Pennsylvania's highest ranking row officer, wields more power inside the state than anyone except the Governor himself. But I love her latest reaction, through a spinmeister, to a Grand Jury's recommendation that she be charged with contempt and perjury. She is using the same defense that I have often heard from Karen, now K. Dierdre Dolan defenders. She's just a poor young woman being railroaded by "bitter and angry" men. Maybe she should quote a little Shakespeare, too.
Philadelphia Daily News columnist Christine Flowers, retorts that it is Kane's "gross incompetence, not misogyny at the root of the attacks."
Philadelphia Daily News columnist Christine Flowers, retorts that it is Kane's "gross incompetence, not misogyny at the root of the attacks."
Thursday, January 08, 2015
Grand Jury: State AG Committed Perjury!
A state Grand Jury has recommended perjury and contempt of court charges against Kathleen Kane, according to The Pittsburgh Tribune. She's accused of leaking secret Grand Jury matters to a newspaper as part of her war with prosecutors who worked under former AG Tom Corbett.
If Montgomery County DA Risa Vetri Ferman, a Republican, decides to file charges, Kane will be the second Pa. Attorney General in recent history to dace criminal charges. Ernie Preate, pleaded guilty to corruption charges in 1995 and was forced to resign.
I believe it is time for Kane to step down. I voted for Kane, but doing so was a mistake. She simply was in over her head, and seems to be caught up in some sort of personal vendetta with former Corbett prosecutor Frank Fina. Along the way, she seems to have lost sight of her responsibilities as the state's top prosecutor.
Under the Pa. Constitution, Governor Tom Wolf can appoint a successor.
John Morganelli should get the job.
If Montgomery County DA Risa Vetri Ferman, a Republican, decides to file charges, Kane will be the second Pa. Attorney General in recent history to dace criminal charges. Ernie Preate, pleaded guilty to corruption charges in 1995 and was forced to resign.
I believe it is time for Kane to step down. I voted for Kane, but doing so was a mistake. She simply was in over her head, and seems to be caught up in some sort of personal vendetta with former Corbett prosecutor Frank Fina. Along the way, she seems to have lost sight of her responsibilities as the state's top prosecutor.
Under the Pa. Constitution, Governor Tom Wolf can appoint a successor.
John Morganelli should get the job.
Wednesday, December 03, 2014
AG Kane's Office Spends $1.5 MM For Outside Lawyers
According to an article by Brad Bumstead in The Pittsburgh Tribune Review, state Attorney General Kathleeen Kane has spent $1.5 million on outside lawyers since her election, including a law firm for which she was once employed. She already has 180 lawyers on her staff. She has used these hired guns to respond to Right-to-Know requests, labor negotiations and to help with a suit over tobacco.
One of these paid lawyers denied a RTK request, which was appealed. She then hired a second firm to review the findings of the first firm, and the latter RTK officer reversed the first RTK officer while the request was on appeal.
I voted for he, which shows what I know.
One of these paid lawyers denied a RTK request, which was appealed. She then hired a second firm to review the findings of the first firm, and the latter RTK officer reversed the first RTK officer while the request was on appeal.
I voted for he, which shows what I know.
Friday, November 14, 2014
The Kathleen Kane Feeding Frenzy
Let's say you're on your way to work one bright and sunny morning, as a passenger, when the idiot driver slams into a parked car. You suffer a fairly serious concussion, along with neck and back injuries. You call off. Over the next few days, you suffer from nausea, fatigue and constant headaches. You're unable to look at a computer without your head spinning. Because you're a white collar worker, you're useless at the office. Besides, the doctor has told you not to drive. You do as much as you can from home.
Though you let everyone know what happened, someone who works in one of the other offices thinks he knows better than any doctor, and wants to ask you questions about your accident and about work. Though you're a woman, he comes to your house at night and rings the doorbell. Your son answers and tells the guy that you're in the can. He says he'll wait. When your son tells you what happened, you decide to turn the porch light off so this stalker can be on his merry way.
Such is the life of Pennsylvania Attorney General Kathleen Kane.
She is the victim of what I can only describe as a feeding frenzy by state reporters who would rather stand on her porch at night than delve into any of the real stories going on in the land of midnight payraises. Their coverage of the state legislature is pathetic, but they are giving each other high fives for their gang tackling of this outsider. Their recent treatment of the state's top prosecutor is both unfair and unprofessional. I also believe that if she were a he, it would not be happening.
Kathleen Kane is the first Democrat and woman to serve as Attorney General.
She started with a friendly press and high marks from fellow Democrats. She rejected a lottery privatization and correctly refused to defend the unconstitutional Defense of Marriage Act. But unaccustomed to such a high profile office, she began making some serious blunders.
The biggest of these centers around her decision to shut down a corruption probe that caught Philadelphia are state reps and one district judge accepting gifts. That probably would have gone unnoticed, but she accused career prosecutors, many of whom are black, of anti-black bias. She then got into a public passing match with Philadelphia District Attorney Seth Williams, challenged him to take the case,and he did, recently filing charges against a former traffic court judge.. When the Inky began to ask hard questions, she hired Richard Sprague for a possible defamation suit.
Her second big error concerns the long awaited Sandusky report. She commissioned a law school professor who, in balanced, election-free language, basically exonerated Governor Corbett, who at the time was AG. Corbett played no politics, and using a Grand Jury was a reasonable way to proceed. But when she released the analysis, Kane still insisted there were "inexplicable delays" and claimed that Sandusky had added two more victims to his list as the investigation dragged on.
That would be terrible, except it's wrong. Kane was forced to admit her error, not in person, but through someone who would not identify himself.
A Kathleen Kane Grand Jury also issued a scathing presentment recommending charges against Luzerne County Attorney Shelley Centini, .She was called part of a "cabal of criminals" who engaged in witness intimidation and even paid witnesses. They made her sound like a Mafia Moll.
All charges were dismissed following a preliminary hearing. That almost never happens, and means that Kane failed to establish even a prima facie case.
Undeniably,she tarnished her credibility. But the press has behaved badly.She recently was injured in a car accident on her way to a Grand Jury appearance. A passenger, she suffered a concussion. The public was aware what had happened the day it happened. But the press is gang tacking her over every detail, and even sent someone to pound on her door at night.
One of her critics, amazingly, is her former press secretary, Chris Kelly.
"Our reporter was alone on Ms. Kane's doorstep," he whines,insisting that she "is the attorney general 24/7."
Let me get this straight. A woman has an obligation to answer her door at night to a stranger after experiencing a severe concussion? Are you out of your mind? I don't give a shit what you think is so damn important. It can wait.
No wonder he's her former press secretary.
Kelly also wants to know what Kane was doing in Dunmore at 6:55 am. Um, why don't you look at a map, Chris? You live out that way, don't you?. Dunmore is on the way from her Waverly home to the highway. Maybe the bagels there are good. This is the kind of question that requires posting a reporter at a door at night?
This intrepid :"journalist" also wants Kane to answer why Dunmore police took ten days to release an accident report . How the hell should she know? She's the Attorney General, not Queen of the World. Why don't you send a reporter to pound on the door of the Dunmore Police Chief in the middle of the night? See how far that gets you.
Kane did speak to a reporter who dropped by while the sun was out. "That you for coming during the day," she told him.
Kelly's account is just one of several negative columns that seem to suggest Kane has some obligation to work through a concussion. Steve Corbett, The Morning Call and The Patriot News have had equally goofy accounts.
If a concussion sidelines a NFL lineman, is it so hard to understand that it might sideline Kathleen, too?
Though you let everyone know what happened, someone who works in one of the other offices thinks he knows better than any doctor, and wants to ask you questions about your accident and about work. Though you're a woman, he comes to your house at night and rings the doorbell. Your son answers and tells the guy that you're in the can. He says he'll wait. When your son tells you what happened, you decide to turn the porch light off so this stalker can be on his merry way.
Such is the life of Pennsylvania Attorney General Kathleen Kane.
She is the victim of what I can only describe as a feeding frenzy by state reporters who would rather stand on her porch at night than delve into any of the real stories going on in the land of midnight payraises. Their coverage of the state legislature is pathetic, but they are giving each other high fives for their gang tackling of this outsider. Their recent treatment of the state's top prosecutor is both unfair and unprofessional. I also believe that if she were a he, it would not be happening.
Kathleen Kane is the first Democrat and woman to serve as Attorney General.
She started with a friendly press and high marks from fellow Democrats. She rejected a lottery privatization and correctly refused to defend the unconstitutional Defense of Marriage Act. But unaccustomed to such a high profile office, she began making some serious blunders.
The biggest of these centers around her decision to shut down a corruption probe that caught Philadelphia are state reps and one district judge accepting gifts. That probably would have gone unnoticed, but she accused career prosecutors, many of whom are black, of anti-black bias. She then got into a public passing match with Philadelphia District Attorney Seth Williams, challenged him to take the case,and he did, recently filing charges against a former traffic court judge.. When the Inky began to ask hard questions, she hired Richard Sprague for a possible defamation suit.
Her second big error concerns the long awaited Sandusky report. She commissioned a law school professor who, in balanced, election-free language, basically exonerated Governor Corbett, who at the time was AG. Corbett played no politics, and using a Grand Jury was a reasonable way to proceed. But when she released the analysis, Kane still insisted there were "inexplicable delays" and claimed that Sandusky had added two more victims to his list as the investigation dragged on.
That would be terrible, except it's wrong. Kane was forced to admit her error, not in person, but through someone who would not identify himself.
A Kathleen Kane Grand Jury also issued a scathing presentment recommending charges against Luzerne County Attorney Shelley Centini, .She was called part of a "cabal of criminals" who engaged in witness intimidation and even paid witnesses. They made her sound like a Mafia Moll.
All charges were dismissed following a preliminary hearing. That almost never happens, and means that Kane failed to establish even a prima facie case.
Undeniably,she tarnished her credibility. But the press has behaved badly.She recently was injured in a car accident on her way to a Grand Jury appearance. A passenger, she suffered a concussion. The public was aware what had happened the day it happened. But the press is gang tacking her over every detail, and even sent someone to pound on her door at night.
One of her critics, amazingly, is her former press secretary, Chris Kelly.
"Our reporter was alone on Ms. Kane's doorstep," he whines,insisting that she "is the attorney general 24/7."
Let me get this straight. A woman has an obligation to answer her door at night to a stranger after experiencing a severe concussion? Are you out of your mind? I don't give a shit what you think is so damn important. It can wait.
No wonder he's her former press secretary.
Kelly also wants to know what Kane was doing in Dunmore at 6:55 am. Um, why don't you look at a map, Chris? You live out that way, don't you?. Dunmore is on the way from her Waverly home to the highway. Maybe the bagels there are good. This is the kind of question that requires posting a reporter at a door at night?
This intrepid :"journalist" also wants Kane to answer why Dunmore police took ten days to release an accident report . How the hell should she know? She's the Attorney General, not Queen of the World. Why don't you send a reporter to pound on the door of the Dunmore Police Chief in the middle of the night? See how far that gets you.
Kane did speak to a reporter who dropped by while the sun was out. "That you for coming during the day," she told him.
Kelly's account is just one of several negative columns that seem to suggest Kane has some obligation to work through a concussion. Steve Corbett, The Morning Call and The Patriot News have had equally goofy accounts.
If a concussion sidelines a NFL lineman, is it so hard to understand that it might sideline Kathleen, too?
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