Attorney General Kathleen Kane has been ordered to appear before court and explain why she fired one of her employees.
According to Angela Couloumbis of the Inquirer, Montgomery County Judge William R. Carpenter has order Kane to appear before his court on April 27th to explain the firing of James Barker.
To recap, on Wednesday Kane fired Barker. Her spokeswoman (who has since announced her intention to leave) said Barker’s dismissal was the result of “restructuring”.
This raised questions because Barker was among the witnesses called by the grand jury recommending charges against Kane. Couloumbis is now reporting that Barker’s testimony contradicted Kane’s own statements.
Later, Kane’s office accused Barker of failing to stop an unspecified grand jury leak.
“Restructuring was necessary for efficiency and tighter controls amid media reports of cases allegedly before a sitting grand jury. While not known yet who is specifically responsible for those leaks, supervisory accountability falls to the head of the unit,” Kane’s office said.
“There is not the slightest grain of truth to the notion that there is anything retaliatory about these restructuring and personnel changes. Any innuendo to the contrary is entirely false.”
Judge Carpenter is now asserting that while the grand jury investigation has run out, the protective order he issued for witnesses is still in effect.
Therefore, he is calling on Kane to appear and answer charges that Barker is being punished for his testimony.
We will have any updates if they should come up and judging by past history, there will probably be more updates.
Update: Kane’s personal attorney Lanny Davis released the following statement:
“I can reassure Judge Carpenter that the personnel decisions over the last two years, including the most recent ones, were 100% appropriate management decisions by Attorney General Kane consistent with her campaign themes and commitments to the people of Pennsylvania for reform and efficiency in the Office of Attorney General.
I refer all to the attached statement issued yesterday by the Attorney General. As you will note, Attorney General Kane also believes in accountability and responsibility, and expressed concern about media reports concerning a grand jury. She also categorically denies that these personnel decisions were in any way retaliatory – they were made on the merits for the reasons just stated.”
Davis also included the AG’s complete statement from yesterday’s on Barker’s firing:
“The Attorney General ran on a platform promising change and reform from the way the Attorney General’s office had functioned in the past. The changes made in the last two years (which include moves and terminations) and those that will continue to be made in the future are consistent with this commitment to the people of Pennsylvania.
Regarding the decision to replace the head of the Appeals/Grand Jury Unit, restructuring was necessary for efficiency and tighter controls amid media reports of cases allegedly before a sitting grand jury. While not known yet who is specifically responsible for those leaks, supervisory accountability falls to the head of the unit.
The decisions on restructuring and personnel are about change to an office that desperately needed new leadership that is accountable and responsible to Pennsylvanians. There is not the slightest grain of truth to the notion that there is anything retaliatory about these restructuring and personnel changes. Any innuendo to the contrary is entirely false.
Looking forward, the Attorney General will continue to ensure that this office that is so important to the safety and welfare of our citizens performs to the highest possible standard.”
The statement also elaborated on the restructuring of the Attorney General’s office:
“With the initial realignment of the Criminal Division, the Appeals Unit and the Grand Jury Unit will be separated allowing each to function independently and without distractions and to allow for more direct supervision over the Grand Jury Unit. Deputy Attorney General Amy Zapp will head the Appeals Unit. She will report directly to Executive Deputy Attorney General Larry Cherba. Cherba, who is EDAG of the Criminal Law Division, will oversee the Grand Jury Unit. Each unit head will report directly to First Deputy Attorney General Bruce Beemer.”
Update 2: Steve Esack of the Morning Call is reporting that Montgomery County DA Risa Vetri Ferman has issued search warrants for Kane’s headquarters in Harrisburg, her office in Norristown and her emails.
Update 3: Kane’s attorney Lanny Davis has released another statement, although it does not mention the recent search warrants.
“We reiterate that we look forward to cooperating with the Montgomery District Attorney to assist her in reviewing all the facts. As I have said before, I am confident that once that process is completed, the conclusion will be that Attorney General Kane has done nothing wrong.
Regarding Judge Carpenter’s notice of a hearing, we intend to file papers, as he has invited us to do, challenging the basis of the order and reiterating that personnel decisions made by Atty. Gen. Kane were entirely based on good faith judgments about improving the efficiency and competency of the Attorney General Kane’s office.”
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55 Responses
David, Cirque du Soleil would make you a star!
The leaks defaming BB? Do you mean that prick Netanyahu who leaked classified US info in attempt to derail Iran deal?
Basically David said that 1)It’s Okay for AG Kane to lie in her press release to the public, 2)that is somehow not as bad as stealing a sandwich, and 3)admits that she was motivated to lie (“She can’t say it’s because he lied, without breaking the grand-jury rules herself.”) because the real reason is she’s breaking the law by letting him go because of his testimony. I can understand, given this set of beliefs, how David could have such an absurd standard of proof. I continue to believe, and I think reasonable minds will agree on this, that Kane has sent a message to her subordinates, that if you’re called to give sworn testimony and she disagrees with your observations, she will seek revenge upon you, regardless of a court order against it. Given her recent behavior (below I think someone called is self immolation–something many reporters have picked up on) this explanation makes the most sense when not henpecking facts.
@ DD:
First, if the rationale was restructuring, then whatever he may or may not have said shouldn’t have been a factor; this undermines your series of arguments, even assuming she would know what he’d said [and, if so, how she would have discovered these data].
Second, let’s hear you decry the lack of investigation by BHO of the leaks last fall defaming BB “by high administration officials” [“chicken-shit” etc.] or shuddup about alleged double-standards [and note that her admittedly-“accidental” leak occurred first].
Third, you set the bar unreasonably high before you’d attack AG-Kane, essentially claiming you’d only do so if she ‘fessed-up [which explains your uncanny rationalizations in these exchanges].
Observant-
You can have 5 reasons for firing someone and state only one or two of them. Like I said previously, I’d fire someone for stealing someone else’s sandwich from the office refrigerator and lying about it.
He is a Republican, so maybe he turned a blind-eye to the leaks or did a half-ass job or was seen/overheard high-fiving about them.
If he and she had a private conversation and he testified to something different than what she knew actually occurred, then she is perfectly in her rights to fire him. She can’t say it’s because he lied, without breaking the grand-jury rules herself. But, if she can’t trust him to tell the truth, she can’t have him in charge of anythings.
But, if one of his jobs is “prevent/investigate leaks” (and this case has been the leakiest), then firing him and “restructuring” is just a vote of no confidence.
Barker can pretend to his next employer than he wasn’t “really” fired for doing a bad job. He just got “downsized”.
If Kane had actually been the political/partisan hack the GOP has been in that job (and that Murphy and Freed would have been) then she would have fired Barker’s republican ass the first day. But, she let him stay on as a fox (weasel?, mole? rat?) guarding the hen house. Considering that, maybe this move was long overdue.
When all the gag orders are removed (especially the one that prevents her talking about Fina), then we’ll get the rest of the story.
Carpenter, the Special Prosecutor, the Montco DA and all the republicans hacks that have been attacking her don’t have a shred of credibility given how many leaks have occurred on their watch without any serious effort to determine the source of the leaks. (The anonymous perverts here don’t have any credibility either)
The only things that could convince me that Kane has done something wrong are:
1) Direct confession/admission/apology from Kane herself
2) Hearing it from someone I know personally, and trust, who witnessed the events.
So far, none of the leaks or news have contained any such information.
1) What he said.
2) Illegal leaks are illegal leaks, why do you insist on a grand jury example? It was your stupid example in the first place.
3) I’ve said before, I hope this goes to verdict. Then one of us can tell the other why the jury was wrong about reasonable doubt.
Why are you making the argument that Baker lied when Kane has given two different reasons for his firing in two opportunities. Are you saying that the third try be the true reason? Maybe the forth. Or maybe she feels like she has to lie because your explanation is that she disagreed with his testimony and she knows that’s clearly what the court forbade her from acting on. She’s put her office on notice that judges’ protection orders be damned, she’ll find a way to can your a$$ if you’re not on her side.
Unsanctioned R-
1) Your claim for her lying is based upon leaks, and I don’t agree with your assertion. If he told the truth, and she didn’t like it, that would be retribution. But, if he lied, then firing him is not retribution. The protection against intimidation is to help people tell the truth, not give them a license to lie. (I’m not saying he did lie, but if he did, then he would not be protected from firing for that.)
2) Example please of a grand jury case?
3) Kane is on the record that the “memo” was released by accident, and the other information was legal to release. She’s been very public about that. You and your buddies keep arguing that the other info was not legal to release. This is a completely different level compared to the recent/frequent leaks. Kane’s “leak” was like stealing a hubcab. The recent leaks have been like stealing cars.
What’s really brilliant about this whole kangaroo court constructed by the Harrisburg Old-Boy Network is how it was set up from the start to protect the Repubs left behind in the AGs office. Concoct a phoney-baloney grand jury, call in the members of the OBN to testify, then issue a decree that they’re free to do whatever they want and hide behind the judicial robes. Way to let the moles run free guys.
What’s also undeniable is how this firing intimidates witnesses. What should the penalty for that be?
David,
1) If??? We’ll, it can’t be denied that Kane has lied about this case. Regardless, the defense you posit is an admission of violating the ‘no retribution’ order.
2) By this logic, most of the Obama administration should be canned. Nobody buys this argument.
3) Kane first.
Dr. and Unsanctioned-
1) If your testimony was a lie, then you should lose your job.
2) If you weren’t stopping leaks of the current case, then you weren’t doing your job.
3) If you are the leaker (or helping the leakers), then you should be going to jail instead of just losing your job.
It’s probably mostly 2, maybe a bit of 1, and a suspicion of 3.
“elections have consequences”. So does blatant political retribution, you dolt.
The dr. is right. Losing your public service job should not be the consequence for giving sworn testimony to a grand jury. His firing by Kane is meant to intimidate other OAG employees who may be witnesses and who should be protected from the rogue AG. She’s now a liability for all taxpayers.
I thought when you become a high level policy non-civil service public employee you serve “at the pleasure of the appointing authority”( unless there is a collective bargaining agreement).
Any one-be they “career” or “non career” appointee knows that coming in and going out that here today-gone tomorrow.
It may stink but that is what they signed up for.
As they also say- elections have consequences.
Big Moola is correct that an at-will employee can be let go on short notice without cause, which would conform to the OAG’s first press statement. But, it still doesn’t explain why the second statement conflicts with the first one.
Of course, the reason we deserve an explanation at all is that you shouldn’t be fired because you were compelled to give sworn testimony before the court. The reason for judges to enjoin this protection should be clear. If they did not, Kane’s “restructure” would be the warning all other employees got for telling the truth.
@ Big Moola:
Is there anything that was done by AG-Kane with which you disagree?
Oh my this is really something of a lynch mob mentality….!
I think the main ingredient missing here is ….”At will employee” !!!
My understanding is that all Management and Confidential Employees in the 3 Statewide Elected Offices ( Attorney General, Auditor General and Treasurer) are all considered to be “At Will Employees” serving “at the will of the Office holder” !!!
Why would anyone serving at this level in one of these “Positions” believe that they are the exception !!!!!
Now we have a County Judge thinking he can Rewrite/Legislate and Create the Constitution of Pennsylvania as he see’s fit !!!!1
I personally don’t remember Voting for William Carpenter for Anything… not alone Attorney General ……!!!!! If Mr Carpenter wants to be Attorney General of Pennsylvania, he can run for election in 2016!!!!!
If anything I would recommend the U.S. Attorney General look into this whole charade of nothing more than a Political Assassination of an duly elected “Statewide Official” !!!!!
Starting to sound like actions of stepping on Individual Civil Rights/Liberties of Ms Kane simply because she’s an elected official !!
Dangerous stuff if you ask me !!!!!!
Liberal John Baer does not believe the AG: http://www.philly.com/philly/blogs/growls/The-Kane-drain.html
The Kane Drain
“It’s possible, of course, [Barker] was fired for cause. Possible, but not probable. If there was cause you’d think Kane’s office would say so.
But the initial reason given by Kane’s office (which, by the way, now has gone through six press secretaries in two years) was for agency “restructuring” reasons and in no way related to Barker’s grand jury appearance.
But then came a second statement saying the firing is related to grand jury leaks, which is exactly what got Kane in trouble. So, you know, more drips on the drain.”
The sharks are circling.Blood is in the water.
Kane’s offices searched, email sought
BY STEVE ESACK, THE MORNING CALL
Published: April 10, 2015
http://thetimes-tribune.com/news/kane-s-offices-searched-email-sought-1.1861557
“Also Friday, Montgomery County District Attorney Risa Vetri Ferman issued search warrants for Ms. Kane’s office in Norristown, her headquarters in Harrisburg and for her emails, according to sources.
Ms. Ferman took the case after the state Supreme Court last month rejected Ms. Kane’s challenge of a grand jury investigation into whether she or someone in her office leaked grand jury secrets to the Philadelphia Daily News to discredit her critics. The grand jury found Kane lied and abused the power of her office.”
No, no, no, Robert. Fire everyone, take all the work and divide it by zero employees and you get infinite productivity. Duh!
@ DD:
The people who were given his tasks already had workloads; thus, you are attempting to invoke MATH that is based on non-Euclidean geometry in a Euclidean environment [because we are dealing with flat surfaces].
First thing I do when there’s too much work is to fire people.
Robert-
Given the leaks, the job was two much for one person, so it got split among two people. It’s called MATH.
@ DD:
Your comment on the restructuring [“It sounds more like they removed his job completely. He was ‘head of criminal appeals and the grand jury unit,’ Now, ‘Deputy Attorney General Amy Zapp will head the appeals unit’ and Larry ‘Cherba will oversee the grand jury unit’.”] failed to provide a cogent rationale for this sudden change.
“His duty was to the university to uncover the truth”
Well, you’re half right. As we’ve since learned, and continue to learn, if truth was his job, Freeh failed. But, that’s a big IF. He was hired by the BOD at the time, and “Independent” isn’t how I would characterize his investigation or his report. And I’m not the only one these days, Google also agrees.
You should read the report and I dare you to contrast it with a grand jury case. It’s who Freeh is.
I’ll say this. It’s a shame for everyone that Paterno didn’t have a “day in court” even though 2 AGs said he broke no laws. But, it’d also be a shame for the public if Kane doesn’t have hers.
BREAKING: Kane half-sister found on media blackout in Scranton basement accepts 7th spokeswoman position.
Asked if she was prepared to step into the troublesome roll, “No, the OAG needed one more Kane to field a basketball team for spring league,” she said, “We’re blood, when the DNA test confirmed it, I was hired the next day. My sisters and I aren’t going anywhere.”
Robert-
I commented on the restructuring in the other thread.
As for the emails.. this seems like a fishing expedition. Wasn’t all that information part of the grand jury? The original leak was about a year ago, and the leaks of this grand jury refer to emails from even before that time.
So what “new” evidence is the Montco DA looking for that she doesn’t already have from the grand jury?
Unsanctioned R-
1) Freeh was an independent investigator hired by the university (unlike the politically motivated judges and prosecutors in this case).
2) This was not a grand jury trial, and Freeh was not a prosecutor.
3) His duty was to the university to uncover the truth, rather than to win an indictment.
4) Of course Paterno knew and covered it up for a decade.
David, Thank you for describing how the public could convict someone without a defense on the basis of a prosecutor’s report alone (Louis Freeh) and an ambitious rising, but corrupt, political star and AG.
@ DD:
Your silence regarding AG-Kane’s “reorganization” isn’t surprising; any comment about the raids seeking her e-mails?
Jack-
I agree that we should get to see the complete record, as opposed to the dribble of cherry-picked leaks. However, the grand-jury record still contains the bias of no cross-examination by the defense.
I don’t know how to remedy that. And, I doubt the media would attempt to provide any balance.
The old crime movies and radio serials made a HUGE deal about getting a grand jury indictment, as if it was the same as a conviction. We now know that the indictment rate of grand juries is nearly 100% (or 0% if you’re a white cop who shot an unarmed black teen).
All sealed Documents should be Unsealed all Grand Jury Testimony should be released to The Public Let The Sun Shine in on everything and everyone involved in this waste of time . Leave Mrs Kane alone and let her get about the Peoples Business .
Accountability does not rest with middle management. It rests with the head of the elected office. Kane has just made a compelling case for her resignation.
Bungy, the questions you raise don’t fit well within the Kane defenders’ world view. They will ignore them and remain blissfully ignorant.
Maybe they discovered that Ellen likes PORN as much as the guys. Why wasn’t she fired?
Maybe they discovered that Ellen is a GHOST.
She’s a criminal and shouldn’t be pointing fingers. She’s the AG for goodness sakes!
Her office in Norristown was just searched. More to follow.
Here is a comment/tip/lead about a different Kane: John Kane is offering to switch parties in effort to take Hacketts seat.
BARD-
It not “now”, it’s “always” been in on it. This has been a GOP witch hunt from the start. Why hasn’t Carpenter had the leaks from his own grand jury investigated?
“While not known yet who is specifically responsible for those leaks, supervisory accountability falls to the head of the unit.”
Just stop talking. You’re hanging yourself.
Lanny Davis wants to reassure the judge? He may be the only one in the country with less credibility than Kane!
LOL I don’t know what is funnier, Kane’s self-immolation or her few remaining supporters bizarre defenses of her!
Steve, well said.
Kane is a distraction. Wolf should demand she resign so she quits taking attention away. Wolf has a limited window to push his agenda and Kane is getting in the way.
Observer, you have to be kidding me?! He called her in because she may have broken one of his Orders. And if Kane is going to fire a person, who’s not even responsible for a leak, she should RESIGN immediately because we know for a fact she HERSELF was the direct cause of several leaks. Kane is a joke!
bahahahhaa now the judge is in on it bahahahaha you guys are so great
This Judge is a hack and should be removed from the bench.
Let me get this straight. Even on the SAME DAY as Republican Hack/”Judge” Carpenter initiates a new witchhunt, The Grand Jury HE SUPERVISES leaks fresh data – criminally – to that Inquirer reporter? And KANE is the only one being pursued by Carpenter??? He makes me sick. He should resign and recuse immediately. This is a Farce.
Pennsylvania could have Patrick Murphy as AG. But noooo.