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BREAKING: PA Supreme Court Rules Against Kane

KaneAnother piece of bad news for Attorney General Kathleen Kane.

Kane had been seeking to prevent a Montgomery County special prosecutor from determining whether she should be charged for leaking grand jury information.

Today the State Supreme Court rejected her appeal on a 4-1 vote.

According to Kevin Zwick of Captiolwire, Chief Justice Thomas Saylor wrote the majority opinion, stating “that the supervising judge acted within his authority and sound prerogative in appointing the Special Prosecutor.”

Justice Michael Eakin joined the majority opinion while Justices Max Baer and Correale Stevens filed separate but concurring opinions.

Only Justice Debra Todd dissented.

The Attorney General’s fate now falls to Montgomery County District Attorney (and Republican) Risa Vetri Ferman who will decide whether to file charges.

Update: You can read Chief Justice Saylor’s majority opinion here. You can also read Justice Todd’s dissent here. Justice Baer’s concurring opinion can be read here while Justice Stevens’ is located here.

Update 2: Kathleen Kane’s Attorney Lanny J. Davis has released the following statement:

We are disappointed in today’s Supreme Court’s decision. We have faith in the judicial system and that the District Attorney of Montgomery County will look at the evidence and the law and find that Attorney General Kane is innocent of any violations of the law.

11 Responses

  1. Can’t wait until Justice Todd comes up for a 10 year retention to the bench. Vote NO.

  2. @ Jared:

    @ this point, noting the multitude of serious charges, it would be difficult for DA-Risa to refrain from proceeding; there are simply too many smoking-guns and, from the perspective of DD, it will be necessary to define what “type” of leak would [ever] be permissible.

  3. Notwithstanding Guzzardi’s tangential observation [albeit also noting that Rafferty apparently has also opposed Paycheck Protection], the key-issue here is to discern whether AG-Kane can survive; regardless of the degree to which he identifies with her experience and regardless of the self-image she had projected, she was a dishonest politician and will suffer the consequences.

    “DD” hasn’t yet conjured his latest rationalizations, nor has Vanessa; to recap their misapprehensions [and those of others who have drifted in-and-out], note the prior comments [which, themselves, tether-backward to further documentation of DD’s perfidy and anti-Semitism]:

    It may be recalled that DD conjured the theory that the “type” of leak that she admittedly committed will somehow differ from what might be judiciable; noting the list of grand-jury presentments, it seems the filing of charges by DA-Ferman, may yield immediate-stress regarding whether she will be forced [at the very least, without a House Impeachment Hearing] to take a leave-of-absence [which would probably become interminable].

    Finally, it may be recalled that she let-off State Sen. Washington with a light-penalty, even as DA-Williams proceeds to prosecute those she had tried to allow to function, scot-free; the silence on her defensive-website [regarding the absence of a counter-narrative] is deafening, other than innocuous disclaimers by lawyer-Davis.

  4. The Republicans prepare to lose again .

    Sen. Rafferty, as chair of Senate Transportation Committee, engineered the “Corbett Gas Tax” and he did vote for the tax /fee on Marcellus Shale.
    Pennsylvania Okays Biggest Tax Hike in More Than Two Decades
    Seth Williams is a Democrat by instinct and affiliation. He would not betray his base. He is a Righteous Democrat based on what reliable people have told me but he could not switch. He would lose the entire Phila vote. In my view, Seth Williams could run in a Democratic primary and win. He would be a good AG.

  5. Meanwhile in Pennsylvania….it is my prediction that AG Kane will be convicted of leaking Grand Jury testimony although we will have to see how the evidence develops but so far, it does not appear good for her. Too bad, I had high hopes for a “prosecutor, not a politician.” Politics is a minefield as I have found out from personal experience.

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