The biggest question of the year has been whether, and potentially when, Attorney General Kathleen Kane will be indicted.
So far, Kane has maintained that if she is brought up on grand jury charges she will not resign but remain in office and run for re-election.
According to Brad Bumsted of the Tribune-Review, though, there may be a way for the State Supreme Court to remove Kane.
Pennsylvania attorneys are subject to rules that allow for the suspension of the law license of any lawyer suspected of “egregious conduct”. This determination is left up to the State Supreme Court.
It’s unclear, though, if the judiciary would be willing to intervene in Kane’s case. After the scandals and feuds of last year, the Court may be hesitant to get involved in a politically charged situation.
Still, if officials are concerned about the AG this remains an intriguing possibility in the weeks and months ahead.
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66 Responses
SETH LOVES WINNERS.
Hate the game-
“No reasonable people believe this is worthy of a criminal prosecution.”
Unfortunately, that excludes most of the posters here.
“Because a trial would air all their dirty laundry.”
Exactly. This is why Seth Williams handed out wrist slaps so Ali and Fina didn’t have to testify.
Is it just me – or does it se like this whole thing is nonsense? I know people in places like Pennsyltucky don’t like Ds or women in charge … but they need to deal with it. The hatchet-job being done on Kane is stupid. No reasonable people believe this is worthy of a criminal prosecution.
On the other hand – if the people behind this hatchet-job are smart, they will do anything to make sure Kane does not get arrested and go to trial. Because a trial would air all their dirty laundry.
IMO – both Fina and Kame have embarrassed themselves and shown serious lapses of judgment.
rsklaroff
Burden of proof is on the accuser, NOT the accused.
rsklaroff-
She probably does have some background information. It’s a restructuring. Also, wasn’t this guy in charge of preventing leaks during the time the Kane grand jury was leaking? Sounds like grounds for firing for non-performance of duty. Though, I think it was mentioned at some point that the restructuring may have been related to improving jurisdiction/oversight to prevent leaks.
Other than this guy failing in that aspect of his job (ie firing for cause), what did he do that would lead to conclusion the firing was retaliation?
So, burden of proof starts BEFORE Kane with explanation of the motivation of why firing was allegedly retaliation. Otherwise, she couldn’t make normal personal changes or restructuring.
LOL … bungy = man slurper
Stop hating Fina. Just like the song, all Fina does is WIN. Jealousy isn’t SEXY, but FINA is. FINA=WINNING.
DD:
Noting time-frame considerations, doesn’t AG-Kane carry the burden-of-proof to justify your rationale for the firing?
As usual – the hacks that were behind the Kane investigation have their minions here on PoliticsPA. It’s pathetic. Almost as pathetic as when Fina (an assistant DA) challenged the Attorney General to a televised debate. While those hacks continue their crusade, the rest of the world laughs at them.
It seems that controversy follows This Frank Fina guy. We know he was involved in the porn scandal (despite the Court Orders he got to protect himself). We know that he let a witness in the Penn State case testify unrepresented by an attorney (putting the whole case in jeopardy). The DN reported that he deep-diced the Mondeshire investigation, And we know that he dropped hundreds of charges against a con-man that stole $400,000.00 from a non-profit set up to help choldren. Allegedly, Fina let Mr. Ali keep all the money he stole.
Isn’t it unethical to exchange porn e-mails with Judges you have cases with?
FINA = MENSA. KANE = SLOW. She never had a chance. Outwitted by a GENIUS. Fina is Sexy and Smart. Always WINNING.
“The inclusion of the one suspect name seems like an accidental failure to redact. An error …. [H]ad the suspect’s name been redacted, everything released would have been perfectly legit.”
You’re kidding, right? Did Kane also “accidentally” forget to redact the names of the organizations and the other context that would have made it crystal clear that Mondesire was the target?
Face it. She wasn’t ready to be Attorney General. Then she compounded the problem by taking advice from her driver and communications director over career OAG lawyers. And, in the end, her fixation on getting even with Fina blinded her from the inevitable consequences of her actions.
The leak isn’t the felony. Lying before the grand jury is.
As just ONE example – and there were several – Kane expressly denied any knowledge of the 2009 memo that detailed the grand jury investigation of Mondesire. Try not the laugh, but she actually testified that the first time she saw this memo was the date of her own grand jury testimony – months after the Daily News article was published.
In reality, Kane called a meeting among her senior staff months prior to the leak. Multiple attendees testified under oath that the 2009 memo was presented and directly discussed. The memo expressly described, “in particular, information regarding [Mondesire] being the subject of interest in the 2009 Grand Jury Investigation.”
Kane had MONTHS to get her story straight before giving sworn testimony. Her failure to foresee that this “story” would result in a perjury charge is arguably more embarrassing than her failure to foresee how her leak would miserably backfire.
Would the Supreme Court step into this mess and not let due process proceed? That Court is too reasonable for such a radical move.
Reasonable Rep-
I think there is a case to be made for Fina’s mishandling of Ali (and the bogus “protection” deal put place after Kane got elected) and the case that got leaked where Fina didn’t pursue obvious lead. I suspect there are a ton of others.
There is also enough suspicion about the identity leakers in the current case against Kane to make Fina a prime suspect or accessory.
My point is that I doubt Fina would hold up to the same scrutiny being given to Kane if witness were called and asked about all his dealings/behavior and if his offices/computers were raided.
I’m not convinced that what Kane did allegedly leak amounts to a felony. The inclusion of the one suspect name seems like an accidental failure to redact. An error, but not intentional to go after him. So, not a felony in my book. Fina’s behavior/actions and failure to pursue a lead should not be protected.
In summary (and my opinion) had the suspect’s name been redacted, everything released would have been perfectly legit.
I STILL LOVE PORN.
If porn relevant and people really wish to fantasize about Supremes doing dirty work better left to General Assembly, what happened to investigation of self invoked by Eakin ?
When really bad seed got out of pod, there was a quick announcement that investigation of seed was closed. But Eakin ? Should he sit on question of whether or not suspend Kandy ?
Jesus Christ. Are we seriously back to the porn e-mails?
Let’s concede, AGAIN, that Fina was one of the OAG employees exchanging porn via email. You know what he is guilty of? A lack of professionalism. No law was violated. No ethical rules were violated. He and the other OAG employees in question violated office policy. And those still employed with OAG when this got uncovered faced internal discipline. Case closed.
But, no, you’re right. It’s not the Attorney General’s commitment of a felony that jeopardizes the public’s trust in the legal system. It’s actually an OAG employee’s violation of internal office policy.
Unbelievable.
Reasonable Rep-
“This is about the public being able to place their trust in the legal system.”
It’s people with attitudes like yours that cost trust in the system, since you refuse to acknowledge any of Fina’s precipitating behavior when he was apparently violating ethical and legal standards.
That really hurts, coming from someone as learned in the law as you.
While you’re at it, please lecture us some more on how facing two criminal charges arising from the same occurrence is WORSE than being subjected to double jeopardy. I could use a good laugh.
The legal system is this country is completely corrupt and there is no reason to have any faith in it. The prosecutors are in league/cahoots with the judges and they turn an blind eye to clear patterns of police misconduct. But, what do you expect, it’s run by lawyers, a group as a whole, that is more concerned with their fees and making twisted bullsh*t arguments than actually helping anyone seeking justice.
As Trump would say: “And some, I assume, are good people.”
Busta, I’ll try to use one-syllable words so you can follow along. Step one: emails in one justice’s in box (McCaffery) are a cloud on a whole court, including the Chief Justice, even though no other justice sent those emails. Step two: emails exchanged in an AG’s office, including by the AG’s sister, reflect on the AG, because the buck is supposed to stop with her. Step Three: therefore, it’s a cloud on Kane, especially since she selectively chose whose email to produce and omitted her sister’s. See how that works?
By the way, not even Kane has been able to claim that there was an additional victim during the Sandusky investigation. You must have special evidence that no one else has. But enough about the facts, let’s talk about PORN EMAILS!!1
Peter Williams,
Never met Fina or Kane in my life. Nor am I on either individual’s “side.” My concern is the consequences for the legal profession, not the “Kane vs. Fina” political theater.
As far as I see, nobody has offered evidence of Fina’s involvement in the leaks from the Kane investigation. If at some point these bare allegations are substantiated, then I’ll be the first to call for an investigation.
But until then, I’m content to continue bringing a sober dose of sanity to these discussions on Kane. Despite her lackey’s nonsensical ramblings, the grand jury indictment of Kane is absolutely damning. Her actions before, during and after the leak are an absolute embarrassment to this Commonwealth and to the legal profession – regardless of what Frank Fina may or may not have done. 100% her own doing.
This isn’t about party politics. This is about the public being able to place their trust in the legal system.
rsklaroff-
She said he was fired for unrelated reasons and reorganization. He may also have done a poor job. The court order is only for retaliation, not normal personal changes.
Busta Perv-
We should go easy on bungy today. I read in the news last night that Spain just raised the age of consent from 14 to 16. He probably had to postpone his vacation there for two years.
“Hey” bungy — Fina does not appear to be “winning” this comments section … and, no matter what happens with AG Kane … he has done a good job marginalizing his own career now … Didn’t the Feds already turn him down? Didn’t he already get kiboshed for a County DA job? Who could trust him now?
Not sure I get that “logic” Mr. Porn Emails …. Are you saying AG Kane was involved if her sister was involved? That does not make sense, does it?
I have no idea why AG Kane fired that guy (can’t remember his name) …So, it’s hard to talk intelligently about it. But I do know that the Clown Car backed down pretty quickly when AG Kane was prepared to explain that firing in Court.
And trust me – if the allegations against the guy she promoted are true, he should be demoted (or fired) immediately. But – again – I have no idea if the allegations are true.
Let me ask you this – has anyone on your “team” been willing to “talk about” the additional kid(s) attacked by Sandusky while Fina & The Corbett Pervs exchanged “granny porn” with each other?
Busta, Yes, by all means, let’s talk about the PORN EMAILS that are a cloud over Kane, because her sister was one of the “Corbett pervs” who was sending and receiving them. Hey, that’s better than talking about Kane firing a talented prosecutor who testified against her, firing the HR director based on one recommendation, and promoting a guy who had been feeling up his subordinates.
Dear Mr. “Porn Emails” AKA – bungy, Kane’s Driver, etc.:
Did you say you wanted to talk about porn e-mails? Are you talking about the porn e-mails that Justice Castille described as a “cloud over the courts” when it was revealed that a Judge was on the e-mail chain?
The porn distributed by Fina & The Corbett Pervs include photos and videos of women and men engaged in oral sex and anal sex. The photographs included naked women in mock motivational posters, with slogans such as “Devotion” and “Willingness,” showing them performing sex acts on their male “bosses.”
Perhaps it is not disturbing to you that Fina & Co viewed and distributed this garbage at work … using their State computers … bit it is disturbing to most Pennsylvanians.
And if it was a “cloud over the court” because a Judge received them, it must be a cloud over Fina &Co now … as they were the ones alleged to have sent them.
Good day, sir.
@ dd:
remind me, again, how AG-Kane would defend her having fired an employee in defiance of a direct court-order not to do so….
Every time I click on an article about Kane, I see numerous comments from people that clearly work for her political enemies. It’s obvious. You guys/gals should give it a rest. It makes your “side” look pathetic and desperate.
Not sure what really happened – but it seems pretty certain that neither “side” here was in the right. Kane must have had something to do with the leak of information designed to discredit Mr. Fina. And Mr. Fina must have had something to do with the leaks of information designed to smear Ms. Kane.
I have read it somewhere that the Justice/Judge that was behind this grand jury probe wants to run against Ms. Kane for Attorney General. That does not look good. Agree with “Busta” that it also does not look good that no one is investigating the leaks from the Fina “side” of this embarrassing fiasco. And it truly is embarrassing that such high-ranking public officials are behaving like this. Both Kane and Fina … and their teams … should be ashamed.
Busta Perv, you seem to be ignoring (1) all of the testimony by Kane’s inner circle (especially Adrian King) and (2) that a perjury conviction bars Kane from serving in any public office ever again.
But hey, let’s talk about “Corbett pervs” and PORN EMAILS!!! Misdirection!
David … I just got your joke about shill-boy “bungy” and his member “expanding” when he thinks about Fina. LOL …
LOL @ you, Reasonable Rep …
Just like I said before: There is ZERO evidence in that report (or anywhere else) that AG Kane illegally leaked anything. Anyone with any questions should just read that JOKE of a “report.”
The snippet you quote is about perjury. It’s reminiscent of the attack on Clinton by Starr. They nave NOTHING.
I wonder when the Grand Jury is going to be empaneled to look into the leaks from Fina & The Corbett Pervs to the INKY. It is 100% clear that there were multiple leaks. It wouldn’t be fair for one leak to be prosecuted and MULTIPLE leaks to be ignored.
Fina is still laughing at you IDIOTS. HE always WINS.
To that end, if anyone actually has tangible evidence that Frank Fina had access to – much less illegally leaked – documents from the grand jury investigation of Kane, please do come forward.
Better yet, Observer, get off your ass and go “personally file” that ethics complaint. I suppose you’re the only thing standing between those vindictive old white men and a cell at SCI Green.
Zero evidence that Kane illegally leaked anything? “LMAO” is exactly right.
“The investigating grand jury reviewed extensive evidence including testimony from numerous witnesses who provided detailed knowledge into the facts and circumstances of the improper disclosure of grand jury information. We find that the testimony of Attorney General Kane was not an honest account of the events, and she mischaracterized events to cover-up activities undertaken at her direction to unlawfully release documents subject to grand jury secrecy. In comparing her testimony before us to the testimony of others and additional evidence presented, this Investigating Grand Jury did not find her testimony truthful while intending to divert attention from her actual role as the principal of the leak.”
Bungy
Please keep the details of your genitals while thinking about Fina to yourself
David – how dare you suggest that anyone else be held accountable for their egregious behavior!!
Fina & The Co are above the law. They are allowed to illegally leak secret GJ material. Apparently – it is also OK for Fina & Co to send “granny porn” to Judges they appear in front of in criminal cases. DA William’s seems to be OK with Fina & Co viewing and distributing videos depicting male’ “bosses” engaged in anal sex with their assistants/underlings.
The funny thing is that their “investigation” found zero evidence that AG Kane illegally leaked anything. LMAO.
Larry-
“Diano seems to think there is some “other side of the story” to be told by unspecified witnesses or to be unearthed during cross-examination”
No defendant should want you on their jury. You’d just listen to the prosecution and nap during cross and skip the defense presentation completely.
Please print your last name so you can be excused from jury duty forever.
It’s EXPANDING.
Reasonable Rep, Diano seems to think there is some “other side of the story” to be told by unspecified witnesses or to be unearthed during cross-examination. He seems to ignore that Kane hired Lanny freaking Davis to trumpet any such information to anyone who would listen and we never heard about any such “other side of the story.” Kane is guilty; just a matter of time.
“…whether she actually had the authority to release documents. It’s not as cut-and-dry as you pretend…”
Um, no, Diano. On this point it’s very much “cut-and-dry.” Notwithstanding the insinuation that Team Kane made – to the laughter of many – at the outset of this, the Attorney General CANNOT leak materials from a past grand jury investigation merely because the investigation predated her tenure.
Possibly realizing that the law is indeed “cut-and-dry,” at some point Kane shifted strategy, backtracking on prior statements and attempting to mold the facts in her own favor. In doing so, she played with fire and got a perjury charge tacked on to her grand jury indictment.
MontCo’s judges only recently referred to the DA their own contempt investigation regarding Kane’s retaliatory firing of James Baker. Once the DA gets all of her ducks in a row and charges Kane, she will have two options:
1) Go to trial – as is her right – and let the trier of fact decide between her version of the events (apparently corroborated by nobody) and other the version of the events (seemingly corroborated by everybody)
OR
2) Cop a plea
Non-starter. How many supreme Court seats are up for election this year? Such an action would never make it to the docket. Plus, the attorney disciplinary system is extremely slow – takes a year just to process a complaint. Orie Melvin didn’t give up her license until well after conviction and appeal were ended.
If a justice dares to do this sua sponte, I will personally file an ethics complaint against Fina, Carpenter and his prosecuting stooge for leaking grand jury information.
Larry-
If un-cross-examined testimony is cherry-picking and not the standard for conviction.
Who knows if those testify having conflicting recollections or made other inconsistent statements themselves in support of Kane’s actions before or after the events they are relating.
There is also a question as to what leaked on purpose vs accident and whether she actually had the authority to release documents. It’s not as cut-and-dry as you pretend, otherwise Ferman wouldn’t be waiting so long to decide between a political prosecution and her election.
David, how exactly do you think a defense attorney will make those statements less inculpatory? Kane was talking about leaking materials to the press. Her own hand-picked staff all said “you can’t do that”, she admits that she did it, and then she tried to get her staff to stop the Supreme Court’s inquiry into it. You can misdirect and point to other alleged leaks, but the clearest proof is about what Kane did and her motive is just as clear. She’s guilty, and you don’t seem to be denying that.
In my opinion, let her finish her term and run again, let’s be honest, she isn’t the first to do this, IF she even did.
Larry-
The testimony against her was not cross-examined, but it sure was leaked by someone.
Hmm…one of Kane’s biggest supporters (financially and otherwise) during her 2012 campaign was Duane Morris attorney Alan Kessler, who recently recieved a subpoena in connection with the FBI raids in Allentown and Reading. Kessler also held fundraisers for former PA treasurer Rob McCord…
David, I know you like to play amateur lawyer, but there’s a problem of evidence there. Kane’s own inner circle has testified against her. These stalwart Democrats were aghast at what Kane was doing. She’s going down.
Maybe they can suspend the licenses of Fina, and the Montco special prosecutor and the judge for all the leaks.
Doubtful. They will allow her to be convicted first.