Kathleen Kane has maintained that a conspiracy is being conducted against her that has led to all of her legal difficulties.
The proof, she claimed, was in the lewd and pornographic email chains that were passed around on government computers.
The Supreme Court recently released a number of these emails, including many that involved Kane’s antagonists Frank Fina and Marc Costanzo.
Nevertheless several newspapers, among them the Philadelphia Inquirer, the Pittsburgh Tribune-Review and the Allentown Morning Call, have filed “Right-to-Know requests” in order that all the emails will be released.
The Inquirer’s request is currently before the Commonwealth Court, where Kane is fighting against a release of the emails.
“But just because I want these emails made public doesn’t mean that I can make them public at this time,” the AG writes in a statement just released by her office.
“Some cannot understand why, if I am determined to release all the pornographic and racially/religiously offensive emails, I don’t simply withdraw today’s appeal to Commonwealth Court and immediately release all these emails as public records,” she continues.
The Attorney General answered by again pointing to a protective order filed by Judge William Carpenter last year.
The PA Supreme Court, however, disagrees with her on this. Still, Kane is sticking to her old defense.
“The simple answer is that these emails are currently being shielded by grand jury protective orders issued out of Montgomery and another county (presently upon appeal); protective orders that were designed to shield them and continue to do so to this very day,” Kane states. “These protective orders specifically shield two of the email distributors we now know, in the wake of the Supreme Court’s release, who are at the core of this email chain.”
“Neither the Supreme Court, in its limited release of emails, nor these issuing courts have ever vacated these protective orders,” Kane continues. “Judge Carpenter has publicly stated that he would not vacate his protective order in the absence of a motion. These protective orders, which specifically shield the emailers at the core of this email chain from ‘harassment, intimidation, or retaliation,’ has placed my office in an untenable position.”
This cuts to the core of the issue. Judge Carpenter won’t vacate the order until a motion is made. Which begs the question, why won’t Kane make that motion?
If Carpenter denies the motion, it would help her case that he is involved in a conspiracy against her. If he lifts the order, Kane can release all the emails, which she says is what she wants to do.
The confusing method of delay undertaken by the Attorney General seems to indicate that there is some reason why she doesn’t want a full release of all relevant emails.
Attorney General Kathleen Kane’s statement is included in full below:
“I stand by my statement made over a month ago: I want the release of all emails covered by the Right To Know Letters (RTKLs). I believe today, as I did then, that their release will better inform the citizens of the Commonwealth as to the actions I have taken in the wake of the Moulton investigation and the actions those involved in this email chain have taken against me.
“But just because I want these emails made public doesn’t mean that I can make them public at this time.
“Some cannot understand why, if I am determined to release all the pornographic and racially/religiously offensive emails, I don’t simply withdraw today’s appeal to Commonwealth Court and immediately release all these emails as public records.
“The simple answer is that these emails are currently being shielded by grand jury protective orders issued out of Montgomery and another county (presently upon appeal); protective orders that were designed to shield them and continue to do so to this very day. These protective orders specifically shield two of the email distributors we now know, in the wake of the Supreme Court’s release, who are at the core of this email chain.
“Neither the Supreme Court, in its limited release of emails, nor these issuing courts have ever vacated these protective orders. Judge Carpenter has publicly stated that he would not vacate his protective order in the absence of a motion. These protective orders, which specifically shield the emailers at the core of this email chain from “harassment, intimidation, or retaliation,” has placed my office in an untenable position.
“On the one hand, should I simply withdraw my appeal to Commonwealth Court, agree with the Philadelphia Inquirer that these records are public and, therefore, covered by the RTK law, and release them, in the absence of a ruling by the Commonwealth Court, nothing stops the issuing courts in these counties from enforcing the protective orders against me under the theory that the act of withdrawing our appeal was designed to retaliate against those protected by their orders. On the other hand, should the Commonwealth Court rule that these records are not public, and, therefore, releasable only at my discretion, those same issuing courts could attempt to enforce the protective orders on the same theory of retaliation. I am simply not confident that the very manipulation of grand jury protective orders that continues to shield these individuals and created the framework for criminal charges being filed against me will not place me in jeopardy again should I take either course of action in an attempt to release these emails.
“The Supreme Court has the ability to release their emails without fear of criminal retribution or an attack on their law licenses. I do not.
“While some may find my focus upon these protective orders and the position in which they have placed me with respect to these emails unwarranted, they do not stand in my shoes; they do not understand, as I do, just how these protective orders can be used to try to bully a democratically elected official out of office.
“It is my hope that the Commonwealth Court will move quickly to declare which materials covered by the RTKLs are public records and, to the extent that any are deemed not covered by the RTK law, I will move as quickly as possible to vacate the protection orders with respect to them and make them public.”
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22 Responses
I’m sure G. Shargel is going to have a field day with these local local cops and prosecutors. He has been up against the best and won. Now he gets to expose the truth about the people who have been on the Kane war-path.
Terance, we have a right to know. Kane fired one or two. We want to see everyone who sent the racist, misogynist emails. If they committed crimes, why didn’t she fire them, if she didn’t, nothing you wrote prevents her from releasing them.
Terance Healy … way too many words bro … you lost me at “internet lawyers” … smarten up!
Seeking out the OFFICIAL copy of an OATH is a game which “internet lawyers” have been suggesting people seek out to suggest that judges and officials are not following their oaths.
It’s an annoyance… A misdirection which lawyers mock because every oath is undermined by the Rules of Professional Conduct.
One law usurps and ignores all rules, procedures, laws, statutes and constitutions…. It’s confidential though.
There is actually a law which requires all lawyers and judges to maintain confidentiality and Non-disclosure even where the law is not followed and constitutionally protected rights are being Ignored and denied. Rule 1.6 affects the substantive rights of litigants in this way. As such, the Article V Section 10 c authority for the judiciary to enact the law is INVALID, IMPROPER, AND UNCONSTITUTIONAL.
Rule 1.6 Confidentiality prevents the court from revealing they have been undone and their authority usurped by the author of the unconstitutional law. The American Bar Association.
The idea that public officials are not following their oaths is EVIDENT… Not one official does anything to preserve protect or defend the Constitution of the United States. In the case of lawyers, they are mandated by Rule 1.6 Confidentiality (which includes Attorney Client Privilege).
Court clerks don’t go to jail for violating peoples rights for marriage licenses. No prosecution, either. They go to jail for contempt of court for not following an order of the court. Why is there no prosecution for their violation of the Constitutional rights of Americans? Confidentiality prevents prosecution.
Where the government is the largest entity able to violate Constitutional rights, the obligation of Confidentiality and Non-disclosure of their clients wrongdoing results in the Attorneys General and District Attorneys having no ability to prosecute violations of law and constitutional rights within government agencies and departments
Rule 1.6 undermines law enforcement and usurps the authority of the judiciary. The victims have no recourse.
Clearly, an Attorney Client privilege relationship DOES NOT EXIST between Montgomery County District Attorney Risa Ferman and Attorney General Kathleen Kane.
Where there may be a privileged relationship between Attorney General and District Attorney, Kathleen Kane is prevented from disclosure unless and until she is defending herself in court. This explains the trial by media misinformation.
You have to wonder why the District Attorney prosecuting Attorney General Kathleen Kane is seeking to attack the media statements which the Attorney General has offered.
One might think that there is nothing solid to connect Kane to the leak.
Those OAG employees involved who had supposedly testified against Kane to the Grand jury have been embarassed by emails which demonstrate VERY UNPROFESSIONAL on the job activity. Many have been fired or left the OAG. By law, Kane cannot expose crimes committed by persons in the OAG. Attorney-client privilege applies even when their crime is falsely accusing the Attorney General.
The document which is at the center of the leak IS NOT ACTUALLY THE LEAKED DOCUMENT. ITS A COPY.
Though the prosecutor described the document and its cover in ridiculously needless and exhaustingly repetitive detail… IT TURNS OUT that the clear plastic cover and heavy cardboard backing were not available. Thrown away. Along with any possible forensic evidence (fingerprints, printer identifier, etc…) which could identify those who handled the document. Whether it be Kane herself, or those who are attempting to set her up.
The prosecutor spent such an exhausting amount of time describing the report and cover. And who would have handled it, placed it, skimmed it, reviewed it, seen it, discussed it,… Over and over, clear plastic cover, blue backing.
FINALLY, When Kane’s attorney inquired about forensic testing of the cover and document ONLY to find out the originalS are not available and the cover was trashed, a packed courtroom collectively exhaled… ARE YOU F’ing KIDDING ME?
The prosecution wasted hours describing it and it isn’t available. When the actions of the prosecutor are NOT about getting to the truth, the effort to exhaust people with misleading information is reprehensible…
People are figuring out that the case against Attorney General Kathleen Kane is a farce. They await the other shoe… Why are they really going after Kathleen Kane?
Attorney General Kathleen Kane is aware of the UNCONSTITUTIONALITY OF RULE 1.6 and its affect on litigants, law enforcement, and the judiciary. Problem is that when demonstrated to be unconstitutional, SECRET ORDERS FROM UNIDENTIFIED COURTS ordered the person, Kathleen Kane, to neglect the responsibilities of the Office of Attorney General to which she had been popularly elected… AND ORDERED NONDISCLOSURE OF THE CONTENTS OF THOSE ORDERS.
UNCONSTITUTIONAL RULE 1.6 was ‘secretly’ recaste into a direct order to continue unconstitutional confidentiality. Continuing the denial of the protection of the law and denial of constitutionally protected rights of an individual left without recourse and suffering further injustice. Rule 1.6 is the cause of AMERICAN INJUSTICE IGNORED.
The Attorney General cannot prosecute employees (clients) who deliberately bungle cases, BUT she can fire them. So she did.
Attorney Client Privilege would even conceal if a criminal porn syndicate involved OAG employees. BUT, Kane could fire them! So she did.
They could retaliate knowing (as lawyers do know) that Kane, as Attorney General with multiple Attorney Client relationships throughout the govt, would be mandated by Rule 1.6 Confidentiality of Information to maintain secrecy.
Rule 1.6 has unconstitutional affects which ignore the rights of litigants while concealing the corruption of government employees WHO CANNOT BE PROSECUTED.
THE ATTORNEY GENERAL OR DISTRICT ATTORNEY HAS AN ATTORNEY-CLIENT RELATIONSHIP PROTECTING CORRUPT STATE AND COUNTY EMPLOYEES FROM PROSECUTION.
But Kane could fire them… So she did.
The same cannot be said for Montgomery County DA Risa Ferman who continues to use her position to deny protection of the law, ignore Constitutional rights, and protect the corrupt individuals, departments and agencies which she represents.
When Ferman became DA she vowed to prosecute corruption . Embarassingly, Ferman set up a group to investigate corruption. Then, she found out that she protects the corrupt county personnel as their attorney. Her corruption investigators disappeared without a single case.
One difference… The corrupt personnel within Montgomery County continue their corruption and injustice against people who have no recourse for the injustice they receive. The corruption grows unchecked.
Ferman could fire them… BUT SHE DOESN’T.
Risa Ferman is none too happy that the Pennsylvania Attorney General has access and ownership of ALL INVESTIGATIVE DATA in the state… The Attorney General has all the collected investigative information and evidence of corruption concealed by an unconstitutional silence. Even the Montgomery County corruption improperly concealed by ‘investigative grand juries’.
Those secret orders from unidentified courts… were issued in regard to one case in Montgomery County. The corruption was so deliberate. The conspiracy to deny justice was so determined, so undeniable and absolute. The participation of each county office and agency was coordinated by District Attorney Risa Ferman who also prevented any investigation by county, state and federal authorities.
It seems Kane did, in fact, clarify her position. This seems pretty clear:
“It is my hope that the Commonwealth Court will move quickly to declare which materials covered by the RTKLs are public records and, to the extent that any are deemed not covered by the RTK law, I will move as quickly as possible to vacate the protection orders with respect to them and make them public.”
It would be more fun if Kane held onto the material until her criminal trial, though.
Is there a guy named Larry who thinks there may not be other Larry’s in the world. Hilarious!
this fake Larry is confused … go find another blog to troll on loser! HaHaHa aka Busta aka where is Kane’s driver said V Brown going to trial on Monday? How does she know? I cant wait to see if they can dig up Ali to testify? Will Fina testify under oath?
Larry – Do you suffer from schizophrenia? Dissociative identity disorder? Either way — Pull yourself together, man.
Observer, I think you’re confused. As usual.
Hey Larry … based on your comment to the Real Larry … you aren’t in the know so you don’t get the “Matt Haverstick is to bonus gate what Cynthia Baldwin was to Sandusky” comment made by the Real Larry.
Hey, other Larry! I’m not a huge Haverstick fan, but I disagree that he’s unethical.
Matt Haverstick is to bonus gate what Cynthia Baldwin was to Sandusky … ethically challenged … Rule 1.6 & 1.7, Disciplinary Board where are you?
The AG is right.
Seems the Courts are trying to set her up for Violation of Carpenter’s order. The SC says she can release at any time, but fails to issue an Order to the same. Carpenter says no motion no release, but can can still deny the motion or issue his own.
If she releases without an Order from either court she’s in violation of Carpenter’s protective order.
Kane is right to hold back on the e-mails at current. She’s wrong if she does and wrong if she doesn’t release them.
Why won’t one of the All Powerful Court’s step up and issue and order to release ? Seems they don’t want to be one to expose all the wrong doing and wrong doer’s but want to remain in the position to punish the AG if she does.
In this case the Court’s are acting like the House & Senate. They cost the Taxpayer’s a lot of money to be there but not really accomplish anything of substance.
Judicial Reform may be the Taxpayer’s best course of action.
Marie – there are folks here who have suggested that she is protecting her sister …. Who knows ….
But I agree with you that all she really needs to do is hold onto the material that will be cross-examination material.
The real story here is how these racists used the grand jury system to cover their own misdeeds. Fina and Costanzo never wanted to be exposed for the nasty creeps they seem to be.
I believe there is reason why the Attorney General is not releasing all the emails. My guess is she is waiting for her trial and she is going to knock the socks off of her accusers. You can run Fina, but you can’t hide!
Vanessa Brown due in court this Monday.
Stay tuned.
Kathy Kane is The Best AG PA Has ever had But she needs to Release all Porn E Mails so that The People who have been prosecuted by any of those people who sent around those E Mails can file a Motion to Vacate the Judgments against them . Kathy File a Motion with Carpenter to allow the Release of all Porn E Mail in Fact all E Mails Lets lay everything on the Table and let the People decide . Where is the Grand Jury to find out who is Leaking all the Info on The Grand Jury that presided over Kane’s case
While Kane’s position at first blush seems contradictory, that is no more contradictory than Judge Carpenter who insists on a Motion before he’ll vacate his Order, which he could do at any time on his own motion.
Likewise, the PA Supreme Ct invites Kane to release them anytime she wants, but out of an abundance of caution she fears doing so while Orders are still outstanding by local courts. Note that the PA Supreme Ct did not issue an Order to release them, but just issued a statement that she could do it. That is an odd way for that court to announce something. Why not just issue an Order, PA Supreme Ct, that the local court Orders are vacated and the porn emails are all to be released by the AG? Or why not the PA Supreme Ct just release all the porn emails themselves? In a public website for all to view online, please. Then we can all read what the PA Supreme Ct is enjoying.
There is still outstanding that protective order in the Penn State case. She’s right – the Supremes have an unalloyed right to vacate those protective orders. But do they have the balls to do so, and let the chips fall where they may? Nah, that would be too much transparency – against BOTH Parties – for the Harrisburg we all disdain. Put up or shut up, Supreme Court!
Translation: “I know that I promised to hold another press conference where I would answer all of your questions, as long as I was given the green light to release porn emails. Now that I have been given the green light, there’s no way in hell that I’m going to answer your questions, so I must now move the goal posts. So, I need some other order from some other court or something.”
That statement is not coherent.
u ever think that maybe it’s not the carpenter protective order she’s worried about…what other county has a protective order on appeal…c’mon nick THINK!!
“…there is some reason why she doesn’t want a full release of all relevant emails.”
It would seem so.