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PA Supreme Court Records Contradict Kane’s Claims

Kane-ConferenceThe 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.

111 Responses

  1. You have some serious issues, KanesDriver. Do you really think there is only one person (this bustaperc) who has reason to question the ethics, motives and tactics of Frank Fina?

    That’s just not the case. In fact – it’s crazy. As much as Kane invited this negative attention by going after Fina, he did the same exact thing. Someone here (it was probably you) typed the other day that they “don’t blame” Fina for attacking Kane after what she said during her campaign for Attorney General. Well – I, for one, do blame him. And I believe he invited the scrutiny that is now coming his way.

    Others lost their job because of their involvement in the porn scandal. Fina got a new one. I do agree with HaHa that female voters aren’t going to like what now-ADA Fina was up to when he was an Assistant AG.

    Is it time for you to switch back over to “Jessica Myers”???

  2. List of screen names now being used by Bustaperv

    Pat Unger
    Haha
    Copper
    Platinum
    Observer
    RealJessicaMyers
    Robert

    Hey Platinum. What happened to Ferman will see through this and not charge?

    What happened to the Supreme Court will stop the investigation?

    What happened to Williams won’t get any convictions?

    Have you ever been right about anything?

  3. I love when people who don’t understand IT speak up. First, prove anyone watched videos of anything. 2 Prove that the emails are in fact real. Give me your email address and if you want I can make it appear as if you have enjoyed all kinds of depraved things. Lastly semantics or not the bottom line is the only appropriate use of the work computer is for work. Therefore if you punish one you need to punish all. Do people in the military get to decide which orders are important and which ones are not so much…no. Other than KK do people in law enforcement get to decide which laws they want to enforce and which ones are not so bad. How about the guy who robs a banks to feed his family. Does he get to go free. That the point. You just don’t like Fina and the like. Newsflash neither did I. He was and probably is still a pain in the ass to deal with, pompous smart ass who on his worst day is still a hundred times smarter than KK. Even though half the times I interacted with him I wanted to thump him with a crowbar there was no doubting his legal prowess and smarts. For that reason alone you just let it go. So Platinum or HAHAHA or whatever you call yourself today go read a book on IT before ripping a valid, lucid and potentially fatal to her case comment.

  4. LOL … SpogeBob SquareShill is at it again!!

    An invitation to buy Girl Scout cookies is not the same thing as a video showing a woman having sexual relations with a reptile. Good try, though.

    There are tons of things that are not “illegal” but are still unethical, unprofessional, and morally depraved. I’m not sure that using your work equipment to watch bestiality videos and then send them to Judges is not illegal. It doesn’t matter, though.

    D.A. Seth Williams will soon have to decide what to do with the men he has hired. Men that thought it was funny to send other men pictures/videos that show female employees performing sex acts on their male bosses. Maybe Seth does not care about winning future elections. My bet is that he does.

  5. Diano, sorry but you are wrong….these were not emails from the servers….these were from hard drives taken in the middle of the night and oh yeah procedures not followed. I could right now produce emails from you saying that you were planning to rob a bank. I could then turn them over to police. You of course could deny sending them but how would we know for sure…The only way is to go directly to the source. Except they did not do that. in fact they could not do that. If you can go to the source I could of course see that you never wrote emails about robbing a bank and you would be exonerated. Or we could chose to use the method Kanes paranoid pilferers used and not follow good it protocol. Those who already admitted to sending or receiving those types of messages did so without the benefit of knowing that the methods used were no different than my scenario to you about the bank robbery. Don’t get me wrong, I am sure emails with all kinds of non work content are sent all the time. I am simply saying there is a right and wrong way to do this type of thing and Kane once again put her faith in people like DP who is a tech moron. In the end what does it matter. Porn while not appropriate is not illegal. Inviting people to a weekend party, is not illegal. Asking people if they are interested in buying girl scout cookies is not illegal, but they ALL are covered by the same policy in the AG’s office about appropriate use of their computer. There might be 10 people left there if you went after every violation. Oh one last thing. and here is the most important bomb to be dropped. The office uses Outlook and also has junk mail rules. Let’s ask KK what folder some of these magic mails were in because I am guessing many of you get questionable email at times that you did not want. I wonder how many messages were in a junk mail folder since the office uses the highly desirable and attacked attorneygeneral.gov domain……..hmmmmmmmmmmmm

  6. So, now that the court made clear that Kane can release all emails, will she be holding that press conference where she answers all questions?

  7. Once Frank Fina’s porn emails are publically released, if I were a woman who worked under Frank Fina at the OAG, I would file a sexual harassment lawsuit against him and the OAG.

  8. LOL @ at how smart you think are you.

    I don’t know Driver from a can of paint. But don’t let that fact get in the way of your fairy tale.

  9. Jessica – So you do know who Driver is … or you couldn’t type that he wouldn’t know (like you must did). Thanks.

    You and Driver were patting yourselves on the back the other day for other “inside” information you posted here in the past. How did YOU know?

    Do you type here under a false name to further your boss’ narrative? What are your other names here?

  10. HaHa:
    If Fina’s – or anybody else’s – emails were *illegal porn*, not just tasteless, scummy vile etc — why didn’t she indict/charge them?

  11. “The manner the emails were collected…” Seriously???
    “Even without an agreement in place, courts have rarely found that the employee had a reasonable expectation of privacy to his or her email at work for a variety of reasons. For example, one court held that emails used in a business context are simply a part of the office environment, the same as a fax or copy machine, in which you don’t have a reasonable expectation of privacy. Another court found that by corresponding with other people at work, work email was inherently work-related, and thus there could be no reasonable expectation of privacy.”

    What are you talking about?

  12. Now we have Pat posting has Hahaha defending his own post. Platinum everyone knows it’s you.

  13. If I heard the news correctly, 28 people lost their jobs from the initial release of porn emails. If that is the case, then lots of career bureaucrats would have a motive in trying to hurt AG Kane. So, the case for being “set up” may be growing stronger. Hopefully Kane prevails and exposes this for what is appears to be: a vendetta and pay-back from insiders. I’m rooting for the AG.

  14. Jessica – HaHa has a point though. It does sound like there are pro-fins folks here trying to spin things. I mean – the guy has been dodging responsibility for his role in the email saga for a VERY long time. If he did send around emails with bestiality and stuff with female employees being sexually exploitedby their male bosses (“Devotion”), then I have a major problem with him.

    And – as I said before – if he sent this stuff to Judges he appeared in front of, he has a serious ethical problem. He put the integrity of his office in jeopardy … and put a bunch of convictions in peril.

    Fina isn’t going to be able to avoid taking responsibility by having his people come here and type about forensically sound collection methods. As the Press has reported, he is involved in the email scandal. If he just received them, he should be OK. If he found them, watched them, and sent them around – his career is in deep doo-doo.

  15. LOL @ you, SpongeBob SquareShill. You already have your perv defense all lined up, huh?!?

    And the perv’s defense is ….. Drumroll … … … … … … A technicality … LMAO

    Sounds like your crew is seriously worried. BTW – You are right … the soundness of the collection can be an issue at Fina’s criminal trial. I’m sure a jury will understand why he was watching videos depicting bestiality while at work.

    Good luck with that.

  16. Jessica-

    This really sounds like a movie where her driver and now her cook are super spies.

    SpongeBob-
    If the OAG tech team knows what printer was used to print an email, they have full backups of all emails, so Kane obtaining them does/did not require any indirect means. All she had to do was ask IT.

    She wasn’t crawling through air-vents dressed like a ninja, dropping from ceiling, and copying/stealing computer drives.

  17. SpongeBob — you are spot-on. You left out one thing, though: if any of the emails were wiped altogether from the servers.

  18. I have said it before and I will say it again. The more of the emails she releases the worse it could end up for her since the manner those emails were discovered are forensically questionable. Any good IT resource who evaluates the methods used are going to shred the process to pieces. Then that opens the door for further accusations for misdeeds around the authenticity of the messages. Considering the number of shills for KK on her I wonder if she has gotten independent verification of the methods used holding up. I can tell you right now the chain of custody on emails pulled from hard drives was not established the way it is in typical criminal cases so good luck with that….

  19. Driver — KK’s cook is also a cleaner. Very good scrubbing. Sis is still nervous, though.

  20. Pat Unger … I wish I was just making things up but unfortunately I am not. When the truth finally comes out, if it ever does, you will know you heard it here first.

  21. Fluffer – now you are just making stuff up.

    Driver – While I look forward to the finding out the truth about these e-mails, I am by no means obsessed with porn. It would seem that Fina is though …

  22. That would make sense to most but remember, Williams allowed Fina to spend all of his time arguing to Judge Carpenter why all the porn emails should be sealed. Apparently, there is no public corruption in Philly because Fina hasn’t been involved in any cases of note since he joined the philly DA’s office and was touted as the head of the public corruption unit. Williams was on the emails too!

  23. PU,
    How many screen names are you up to now? Your obsession with porn gives you up.

    It’s over. You need to get over it.

  24. DD – I am not sure how “tight” Fina and Williams are.

    Wouldn’t surprise me at all to see part ways with Fina once the truth comes out. Williams got a lot of mileage from the bribery/sting matter that he publicly demanded from Kane. But he was also called out pretty harshly for the “sweetheart” deals given the people who were charged.

    Williams is not stupid. He knows he has to win future elections. He knows that women vote … and work for him at high levels in his Office. No way he keeps Fina on if the reports about the e-mails are correct. He can’t.

  25. Pat Unger-

    Someone should make a “Devotion” drawing with Fina and Williams. 🙂

  26. Is it possible that the porn exchanged by Fena depicted himself in compromising positions? Or with clients of the 2nd mile? Fena worked really hard to keep his porn email activity from the public, ones got to
    Wonder what’s the big deal, allot of people enjoy porn!

  27. driver – You may be right. If the Feds are looking at Kane, she is DONE. And, if the porn Fina sent to Judges is as bad as has been reported (“Devotion” … snakes … 100 year old ladies …) then Fina is done too.

  28. Looks like we can confidently conclude that a couple posters on Here are former employees of the OAG, fina and his 2nd Mile buddies, now trying to pivot the story to Kane’s sister. the only people that would know about Kane’s sister, if it’s even true, would be former insiders … It’s a good pivot Frank, of course if such emails exist Kane won’t release them if it implicates her sister, but how do you prove a negative if they never existed all together.

    Then again, frank and his 2nd Mile buddies are masters of CYA so including Kane’s sister on porn email is a stroke of genius. When the walls start closing in on Frankie you have to ask yourself … will Frankie take the fall by himself or will he flip first to work his own better deal and point the finger at the rest of you?

  29. It’s funny the hypocrisy of some posters here. When the issue is Kane’s wrongdoing, they say that Fina’s also doing wrong doesn’t matter.

    Then – for some reason – when the issue is Fina’s wrongdoing, they say that Kane’s sister’s wrongdoing does matter. Can’t have it both ways.

    For me — Who cares if her sister just received e-mails?? Fina could have been being shrewd to include her. But, if her sister was one of the ones sending them to Judges she appeared in front of – then her sister has a problem. If her sister received, watched, and distributed them while at work, then she may be just as bad as Frank Fina.

  30. Unsanctioned R-

    She made sure her i’s were dotted and t’s crossed. Now, she can release the porn documents. Though, the racist ones might be in another batch.

  31. bungy and kanesdriver-

    Her sister isn’t one of the people attacking her to cover things up. So, your “point” is “pointless”. While it might be embarrassing (or for you guys titillating) to release her sister’s emails, it’s the emails of people she’s accused of abusing their discretion that are the proper focus.

    “additional, related documents are also subject to appropriate public disclosure”

    That’s probably the racist, but non-pornographic, emails.

  32. Let’s see of Kane has the courage to release ALL the emails. Hey KK, you better check with your sis and Louie. Or did your cook clean your hard drives?

  33. So the Supremes issued that order – and put it under seal?!?!? Did they keep it secret from the AG, too? You talk about a gang of CYAers – let’s see how many of them and their buddies are on the email chains. Get out the popcorn!

  34. ADDITIONAL, RELATED DOCUMENTS

    Looks like the party will soon be over for Frank Fina and his buddies. The time period where the AG could be silenced is coming to an end. They have done a wonderful job of smearing Kane. She has been all but convicted in the Press.

    Let’s hear the other side now.

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