Oh look! AG Kane asks Pa. Supreme Court to end grand jury case against her

2/7/2015

Surprised? Well her knight in democrat honor governor is finally here to rescue her sorry ass. After all, the second day he was in office, her charges were put on hold. Yes even after her second excuse not to testify in front of a Grand Jury because of a 1AM car accident there was still plenty of damning evidence. Anyone want to guess the outcome of her request? Remember, this was all predicted here months ago!

AP

Attorney General Kathleen Kane speaks during a news conference Wednesday, Jan. 21, 2015, in Philadelphia.

HARRISBURG — Attorney General Kathleen Kane asked the Pennsylvania Supreme Court on Wednesday to kill a grand jury presentment that recommended criminal charges against her because she contends a county judge illegally appointed a special prosecutor who directed the case.

Montgomery County Judge William Carpenter appointed prosecutor Thomas Carluccio to oversee the grand jury investigating whether Kane leaked grand jury material protected by secrecy laws. The grand jury recommended charges against Kane, including perjury and obstruction.

Kane's Washington-based lawyer, Lanny Davis, said documents publicly released indicate the grand jury did not suggest a contempt of court charge. Experts say it is typically a charge for leaking confidential grand jury material, though it can apply to other offenses against the court. Contempt can be a criminal charge or civil penalty.

The presentment remains sealed.

“You have to wonder what is motivating this pseudo-legal effort to take down Kathleen Kane,” Davis said.

Neither Carpenter nor Carluccio could be reached for comment.

Carpenter last month referred the case to Montgomery County District Attorney Risa Vetri Ferman to determine whether to file criminal charges. The Supreme Court stopped any action until it hears arguments next month in Philadelphia.

Kane's New York City lawyer Gerald Shargel filed a motion saying Carpenter had “no legal authority” to appoint a special prosecutor in May to investigate whether Kane leaked information to a Philadelphia newspaper in an effort to embarrass a former prosecutor from her office with whom she was feuding.

The court documents do not name the prosecutor. Kane has publicly sparred with former Chief Deputy Attorney General Frank Fina, who works for the Philadelphia District Attorney's Office.

When he appointed Carluccio, the judge said he did so with authority under the Pennsylvania Investigating Grand Jury Act of 1978, procedural rules, and “relevant case law.” Carpenter notified former Supreme Court Chief Justice Ronald D. Castille of the appointment and asked Castille to tell him “if I am in error.”

Castille said publicly before he retired that the court had authority to protect the secrecy of grand juries and that the attorney general could not investigate herself.

Shargel argued that “no current valid statute exists” in Pennsylvania to support Carpenter's appointment. An independent counsel law expired in 2003.

“It's quite disappointing a judge who is supposed to enforce the law ignores the law,” Davis said.

Kane is the first woman and Democrat to hold the elected office of attorney general.

Davis has noted that those directing and supervising the grand jury are Republicans and has implied that “angry men” are out to get Kane. He has said a court order prevents him from naming them.

Last month, Davis said those who shared pornographic emails during the administrations of former attorneys general were “embarrassed and angry” that Kane revealed some of their names when newspapers sought the emails under the state open records law.

Kane testified before the grand jury and told reporters she acknowledged authorizing the release of a 2014 case file in the investigation of a Philadelphia political activist who was never charged with a crime. Kane said she did not consider the information to be grand jury material.

Kane told the grand jury she did not OK the release of a 2009 grand jury memorandum from the case “and, indeed, had never seen it.”

source