The PA Supreme Court unsealed a December order today to prove that Attorney General Kathleen Kane is free to release other emails.
During last week’s press conference, Kane professed her innocence and insisted that the real story was the fact that she could not reveal all the pornographic emails that were discovered during the Sandusky investigation.
Judge Carpenter indicated as such the next day when he revealed the AG had not filed any petition for the emails.
The unsealed order contains the following passage:
This Court notes that, per the opinion of the Supervising Judge William R. Carpenter, the purpose of the protective order, entered per the authority of 18 Pa.C.S. § 4954, “was/is to prevent the intimidation, obstruction and/or retaliation, in the ordinary sense of those words . . . . [and] was never intended to prevent the [Office of Attorney General] from carrying out its constitutional duties.” Opinion, dated 12/12/2014, at 10-11 (filed at 171 MM 2014). Additionally, as explained by Judge Carpenter, the protective order “is not intended to restrict or impact ‘appropriate public [disclosure]’ of information connected with the possession and/or distribution of possibly pornographic images by members of the [Office of Attorney General].” Id. at 11.
These revelations could provide Kane with the cover to finally release the emails. Although, if they don’t live up to the hype and fail to take down her enemies, she would no longer have a political defense.
UPDATE: Kane’s lawyer Gerald Shargel released the following statement in response:
We are pleased with the Order issued today by the Pennsylvania Supreme Court. The Order permits the “appropriate public disclosure” of the “possibly pornographic images” that Attorney General Kane referenced in her recent public statement. We expect that appropriate public disclosure will occur in connection with the vigorous defense of the criminal charges that have been laid against her. These images and the emails to which they are attached are essential to demonstrating Attorney General Kane’s innocence, and the abject flaws in the District Attorney’s Affidavit of Probable Cause.
As a result of the Supreme Court’s Order, we no longer consider it necessary to move for relief before Judge William R. Carpenter.
It is our hope that the Supreme Court will soon rule that additional, related documents are also subject to appropriate public disclosure in connection with Attorney General Kane’s defense.