Kane asserts that her actions were legal.
“That statement is wrong,” Beemer contends in the memorandum.
“The Office of Attorney General is bound by the Rules of Professional Conduct, various statutes and other legal privileges to keep all communications with clients and co-counsel, related to grand jury matters, and even communications with opposing counsel, confidential,” he writes. “Communications involving victims, witnesses and criminal justice agencies similarly are not public, and their disclosure could compromise prosecutions. The Office of Attorney General, its support staff and its investigators must maintain their confidentiality obligations.”
“Personal communications about private protected matters are private and not subject to disclosure to the public,” Beemer concludes.
Beemer’s message is signed by Executive Deputy Attorneys General James A. Donahue III, Robert A. Mulle and Lawrence Cherba.
Meanwhile, Kane maintains that because Judge Feudale’s messages were accidentally sent to Frank Fina’s old work email account, they are under the OAG’s purview.
“Any email sent to an email account in the Office of Attorney General, whether from a private or public email account, is not considered a private communication once it is captured by an OAG (Office of Attorney General) server,” Kane responded.
Feudale’s lawyer, Sam Stretton is claiming Kane broke the law.
“Her conduct is illegal, going back and searching for a grand jury judge’s emails,” Stretton told Bumsted. “She just needs to be stopped now. She is destroying our system of justice.”