Matthew
T. Mangino
Guest
Opinion, Delaware County Daily Times
January
3, 2016
Not long
ago, I called an assistant prosecutor in a small, rural county in Missouri
about an old warrant issued for one of my clients. Before I could get my
question out he wanted to talk about ‘Porngate.’ He told me every morning he gets on
the Internet to read the latest twists and turns in the Kathleen Kane
saga. He has had a lot to
read about since our conversation.
Pennsylvania is a mess and things are not getting better. Another Supreme
Court justice has been swept into the fray. Justice Michael Eakin was
suspended by the Judicial Conduct Board for his exchange of pornographic and
insensitive emails.
That is the same board that had its chief counsel recuse himself from the Eakin
case because he failed to reveal that he was chums with the justice; and the
same board the Supreme Court blunderingly tried to pack with an ally of Eakin
prior to the suspension hearing.
However, that is a side show to the main event. Attorney General Kathleen
Kane is under two sets of indictment. Her law license has been suspended
and her release of pornographic emails exchanged among government officials has
resulted in the resignation of one Supreme Court justice, the suspension of
another, the resignation of the Secretary of Environmental Resources and a
member the Board of Probation and Parole.
Kane, without a license to practice law, appointed the former attorney general
of Maryland Doug Gansler as a special prosecutor to weed out pornography in all
state government offices. Her authority to do so--even with a law
license--is in question and Gansler’s firm charging about $880 an hour has made
even the few Kane supporters out there a little queasy.
Then it’s revealed that Kane’s twin sister--who works in the AG’s office--has
sent and received inappropriate emails. There will be no disciple for
Kane’s sister. Although other members of the AG’s staff were disciplined
for similar conduct--you can’t make this stuff up.
This whole thing started when Kathleen Kane campaigned on an issue that
resonated with Pennsylvania voters--did the AG’s office drag its feet on the
Penn State/Jerry Sandusky investigation to shield the former AG--Tom
Corbett--during his campaign for governor.
Kane’s investigation of the investigation revealed no wrong doing, but it sure
did make some people mad.
The man who headed up the Sandusky investigation, Frank Fina, quietly went
about trying to discredit Kane. He found a willing partner, his new boss
the district attorney of Philadelphia Seth Williams. Fina and Williams
publicly challenged Kane’s decision to drop a corruption prosecution. The
Philly DA refiled the charges.
Then there was the knife wielding senior judge Barry Feudale who presided over
the statewide grand jury that investigated Sandusky. His impartiality was
challenged by Kane. Feudale went to media and he included none other than
Mr. Fina on his emails. The chief justice revoked Feudale’s senior status.
Amid growing public concern over Fina’s involvement in Porngate, Williams
transferred Fina from criminal trials to civil a much less glamorous
position. The calls for Fina’s termination continue.
Amid all this, the Pennsylvania legislature is pursuing Kane’s removal. This is
a body that has had at least 20 members convicted of crimes in the last 15
years. A hearing in the Senate has been scheduled for January 12, 2016.
Oh, and don’t forget that the Governor and legislature have not agreed on a
budget for going on six-months. As the GOP members of the House grumble about
unseating the speaker of the house, school districts across the state need to
borrow money to keep our children in class. Instead of
addressing the growing financial crisis in this state, the legislature will
seek to unseat the lamest of lame-duck officials in Pennsylvania history.
House Minority Leader Frank Dermody (D-Allegheny) was one of the prosecutors in
the impeachment of Justice Rolf Larsen, the last impeachment in
Pennsylvania. “People
thought it was very serious business,” he said. Kane is not subject to
impeachment, but rather an obscure constitutional provision known as direct
removal.
According to The PLS
Reporter, Dermody reflected on his impeachment work, “it is important to
ensure that the process does not come down to political bickering and that, due
to the nature of impeachment as a political trial, it is a process used only
when absolutely necessary.”
(Matthew
T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C.
His book The Executioner’s
Toll, 2010 was released by
McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter
@MatthewTMangino)
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