Court: Kane Doesn’t Have to Release Lewd Emails

Kathleen-Kane-portrait1Kathleen Kane does not have to release all the offensive emails she has found.

That is the ruling today from Pennsylvania’s Commonwealth Court. The 6-1 decision allows the Attorney General to continue selectively releasing any communications.

“The emails only related to personal activity of individuals,” President Judge Dan Pellegrini wrote in the majority opinion. “As a result, the requested emails are not disclosable as records under the [law] merely because they were sent or received using an OAG email address or by virtue of their location on an OAG computer in violation of OAG policy.”

This decision concerned a Right to Know Law request by the Philadelphia Inquirer, which is one of several PA papers seeking the release of all emails.

“I would say that if communications regarding a particular subject matter are shown to be pervasive and widespread within an agency, they may reach the level of being an activity of that agency,” Judge Leadbetter wrote in her dissent. “Showing that such communications have reached that level will, no doubt, be a difficult burden to meet and, where the content is purely personal in nature, an exceedingly rare circumstance. Nonetheless, where a requester can meet that burden, I believe the information should be subject to disclosure.”

It is expected that the Inquirer will appeal and there still could be other cases from other newspapers.

November 19th, 2015 | Posted in Front Page Stories, Harrisburg, Top Stories | 28 Comments

28 thoughts on “Court: Kane Doesn’t Have to Release Lewd Emails”

  1. Pat Unger says:

    Not to mention the articles about Seth Williams. The Daily News Editorial Board chimed in today. When will you post it here??

  2. Pat Unger says:

    Mr. Field – It seems sort of odd that you regurgitate every “article” from Craig and Angela slamming Kane … or worse – leaking protected material that makes Kane look bad. Yet – you don’t do the same with the now-daily journalistic pieces about Fina & Costanzo. What gives? Are you only interested in one side of this “story?” Hmmmm … Seeems odd ….

    I mean – there was a City Council resolution passed calling for the scum-bag racists to be removed from the City’s payrolls. But nothing from you here. Brady has also spoken up on the issue. But CRICKETS from you. Maybe you are working on your article … and there is just too much of an avalanche of support for firing those creeps for you to handle.

  3. HaHaHa says:

    hurrrrr durrrrr come see me in prison guys hurrrr

  4. HaHaHa says:

    Someone close to Seth Williams needs to sit him down for a heart-to-heart.

    The steaming pile of dung (sting) case is going to blow up in his face.

    His Office is in a MUTINY over these two guys – Fina and Costanzo.

    And they don’t have the decency to resign. What does that say about them and their loyalty?

    The more people see the vile material they used their State computers to send around, the more people will turn against him and lose faith in his Office. And that is the biggest risk here. Already – those two could never step into a Philly courtroom and win a case. Now – they are dragging down the image of the entire Office (and especially Williams).

    He needs to put his anti-Kane feelings aside and do the right thing … finally.

  5. Montco PA Dem says:

    Thankfully, there is one newspaper in this state that gets what is happening and is speaking out about it. The latest from the Philadelphia Daily News:

    http://www.philly.com/dailynews/opinion/20151120_DN_Editorial__MISCONDUCT_BOARD.html

  6. HaHaHa says:

    DD – It allows Kane to use them in her defense. The Repervlican Clown Car has been wanting them all released. She can unveil them at her trial now. Popcorn will be ready.

  7. David Diano says:

    “allows the Attorney General to continue selectively releasing any communications.”

    Well, considering how she has been the subject of selective prosecution, it seems only fair to allow her some selectivity.

  8. Its all BULL Dung says:

    Leave Kat Kane alone she is one Hot MILF . She is going to kick everyone ass that is going against her . The Republicans are so screwed up in PA and so are the Demorats for that matter . anyone that had even one Porn or rasist E Mailshould be fired and Prosecuted to the Fullest extent of the Law besides Mindasire is Dead so why is this case still going on we have Syrian to worry about Blowing things up and Killing people . So Leave Kane The Fuck alone all of you Fucking assholes

  9. HaHaHa says:

    Oops … You are right, Fake Me Troll-Boy. I did forget a couple things:

    The Government’s star witness (the only person who can connect Kane to the actual leak) has told two COMPLETELY DIFFERENT STORIES.

    The Court that voted to suspend Kane’s license had a Justice who received depraved vile e-mails (where he and his white male buddies make fun of rape victims) in the very scandal uncovered by Kane.

    And then that Justice got help covering up his wrongdoing by Castille – the man who authorized the investigation of Kane and wants Kane’s job.

    Can’t make this stuff up.

  10. HaHaHa says:

    So, you see, my run-down of events just completely ignores the damning testimony by Kane’s own people. They were in meetings with her when Kane suggested leaking the grand jury materials from the Mondesire case. They told her that would be illegal. She did it anyway. But we just ignore that!! If you pay attention to actual facts like that, then you are obviously a Repervlican.

  11. HaHaHa says:

    This is the REAL summary/recap of how it all went down:

    Repervlicans realize Kane has all their disgusting, racist, women-hating e-mails … the ones that Repervlicans Corbett and Ryan tried to destroy

    Repervlican Castille (who wants to be AG) approved the grand jury; Repervlican special prosecutor appointed by Repervlican Judge – Carpenter

    Repervlican shill-boys start leaking material to Craig & Angela

    Repervlican Ferman gets case, realizes it is BS and starts scurrying to find real evidence

    Repervlicans leak more material … Repervlican Castille leaks material …

    Repervlican (Lamb) controlled Disciplinary Board acts on the trumped-up criminal case

    Repervlican Senators start their embarrassing proceeding using an obscure provision from 1800s drafted to address low-level politicians who become senile.

    Can’t make this stuff up. The whole “case” against Kane is trumped-up nonsense designed to get the Clown Car to where they are now … with the Repervlican-controlled Senate looking to overturn an election.

  12. Pat Unger says:

    Here’s the rest:

    The Supreme Court should appoint a special counsel, with the power of a prosecutor, to investigate the extent of the ex parte communications between the prosecutors and the judges. This should include examining all the actual ex parte communications between prosecutors and judges and how much that could have affected the prosecution.

    There should be appointment of new judges to review the findings and determine what actions should be taken. The extent of this insidious practice has to be exposed. If convictions should be overturned, the court should have the courage to overturn them. Good prosecution cases can be retried.

    Until this situation is exposed and the legal problems rectified, an ominous cloud will remain over the Pennsylvania justice system.

  13. Pat Unger says:

    More from same article:

    Michael J. Engle, former president of the Pennsylvania Association of Criminal Defense Lawyers, gave me the following comment: “Setting aside the vile nature of the emails themselves and the fact of how disturbing it is that prosecutors, law enforcement officers, and judges are happily exchanging images and messages that degrade women, as well as racial and ethnic minorities; what seems to be lost in this media frenzy is the fact that these email communications demonstrate the close relationships cultivated by law enforcement with judges who preside over grand jury investigations and criminal cases throughout our commonwealth.

    The prosecuting attorneys who have communicated with members of the judiciary in an ex parte manner should be immediately subject to discipline for violation of Pennsylvania Rule of Professional Conduct 3.5, while the judges themselves should be brought up on charges in the Court of Judicial Discipline for violating Rules 1.2 and 2.9 of the Pennsylvania Code of Judicial Conduct. Rule 1.2 specifically states that, ‘A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.’

    These improper communications between prosecutors and judges certainly undermine the public confidence in the independence, integrity, and impartiality of our judiciary.”

    They also give the prosecutor something to “hold over” the Judges – which is a disturbing thought.

  14. Pat Unger says:

    From The Legal Intelligencer:

    The facts are very simple and, from a lawyer’s standpoint, very disturbing. A group of prosecutors in the Attorney General’s Office has, for at least a year or more, sent a series of ex parte communications to members of the judiciary by email. This occurred before Kane took office and possibly continued thereafter. These emails were sent pursuant to a well-thought-out plan.

    Some emails were very pornographic, others were simply off-color, and many contained racial or ethnic slurs. They were sent on government computers. The prosecutors who sent them often appeared before the judges who received them in active litigation cases.

    It does not take an expert in legal ethics to ask, “If a prosecutor can send such off-color emails to a judge who he appears before, what sort of relationship exists between them, and what other ex parte communications have they exchanged about the cases they were handling?”

  15. Observer says:

    If I remember correctly – Ha3 has said that he wants Kane to go to jail if she illegally leaked protected material. So – you (the troll using stolen screen-names) aren’t really making any sense.

    Kane has been the victim of a smear campaign that was designed to get her to resign. That smear campaign was led by people like Eakin – people who Kane discovered were racists and misogynists and bigots generally. People who wanted to cover-up their misdeeds.

    If the “case” against Kane is so strong, they will win it in Court. But my guess is they know it’s not and they know they can’t. It might just be that Kevin Steele is smart enough not to prosecute it !!

  16. HaHaHa says:

    Oh look!! A pathetic troll calling someone a “stooge.” LOL.

    O – You are correct. No Shame whatsoever!! At least McCaffery had the decency to resign and spare the Court the embarrassment.

  17. Observer says:

    Remember that Eakin apologized for the content but NOT for maintaining all these improper contacts with attorneys and prosecutors, right? Because the second thing is what would have been the blatant violation of Judicial Ethics. Now, he is saying the judicial court should take up the case before the “prosecutors” (JCB) have finished going through his violations! The man has no shame whatsoever, and no sense of morals.
    http://www.pennlive.com/news/2015/11/supreme_court_justice_eakin_ca.html

  18. Pat Unger says:

    Looks like the list of Leaders demanding that the pervert racists be fired is growing. From today’s paper:

    “Nine members of Philadelphia City Council on Thursday signed a resolution urging District Attorney Seth Williams to fire the three prosecutors entangled in the so-called Porngate scandal. The members also called on the Pennsylvania Attorney General’s office to appoint an independent special prosecutor to investigate, adding their names to a growing group making that demand.

    “This is not something that’s going away,” said Councilwoman Cindy Bass, who introduced the resolution. “This is something that is really only gaining steam and gaining momentum.”

    The resolution was introduced a week after the five female members of Council held a press conference making similar demands. Joining Bass in backing the resolution are Council members Jannie Blackewell, Wilson Goode Jr., William Greenlee, Kenyatta Johnson, Curtis Jones Jr., Marian Tasco, and Maria Quinones Sanchez.”

    The full list will follow — once I am certain that no additional leaders will call on Seth Williams to do the right thing today.

  19. Pa Unger says:

    gulag – continuing to call it “porn” plays right into their hands. Remember a few months ago when their shills were trying to call it “sophomoric humor?”

    As Senator Anthony Williams stated – it was more HATE than it was porn. And there is certainly nothing funny about it. The sickening part is that some of those creeps actually did laugh. Imagine laughing at female victims of domestic violence … at the plight of immigrants … at racist images … These guys are BAD NEWS.

  20. gulagPittsburgh says:

    Maybe Dan (formerly known as Dante) Pelligrini was on the porn email list? Nobody knows because there has never been a full accounting of who got and sent them. If the PA General Assembly wants to improve PA govt, they should have a special PORN EMAIL COMMITTEE to investigate and publish a complete list of names of ALL persons in the porn email network and their govt job titles and salaries.

  21. kraig001 says:

    Must say that I agree with Judge Leadbetter, who said that the content isn’t the only factor. “If communications regarding a particular subject matter are shown to be pervasive and widespread within an agency, they may reach the level of being an activity of the agency,” Leadbetter wrote.

    Viewing and distributing disgusting, racist material was, in fact, an activity of Tom Corbett’s agency (OAG). That is why he and Ryan tried to destroy 20,000,000 e-mails before Kane could find them. And it is the reason why the attacks on Kane were launched in the first place.

    The people who sent around this material who are still prosecutors at the AG’s Office should be relieved of their duties too. What’s good for the perverts in Philadelphia (Fina, et al), is good for the perverts in Harrisburg.

  22. Pat Unger says:

    Hey “Huh” – The disgrace to prosecutors everywhere is Frank Fina, who allowed Sandusky to continue raping children and sent this around to his white buddies:

    https://www.flickr.com/photos/zadock1/3580634808

    How friggin’ racist is Fina?

  23. Pat Unger says:

    Fake HaHaHa — you must also want everyone who illegally leaked grand jury material to be held accountable too, right? Right? It can’t just be that one issue (depraved racist e-mails) where you want Lady Justice’s hand to be even …

    I mean – it wouldn’t be fair if Kane got prosecuted for ONE alleged leak while Fina & The Corbett Pervs get away with MANY illegal leaks, would it? Huh?

  24. HaHaHa says:

    I hope not, Fake Ha3. I want EVERYONE who distributed racist, woman-hating material to be exposed and held accountable. especially prosecutors and judges, who should be held to a higher standard.

  25. HaHaHa says:

    So she’s going to protect her sister and Gropey McDuecker from embarrassment and not release their emails?

  26. Huh? says:

    She only release ones involving people she wants to harm. A disgrace to prosecutors everywhere. My filters remove hundreds of offensive and fraudulent emails every month. Does that make me a Nigerian prince?

  27. Pat Unger says:

    My only question is: When will Kane release the videos that Fina & The Corbett Pervs sent around to their white male buddies???

    It has been reported that the videos include: a male opening a champagne bottle and shoving it in a woman’s vagina, bestiality, a 100 year-old woman engaged in intercourse, a woman having “sex” with a snake, and graphic violence against women.

    And these guys prosecuted people for mis-using their State computers. Why aren’t they being prosecuted now?

  28. aaron says:

    She doesn’t have to — but she will !!

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