Days after the Pennsylvania Senate set the stage for the first impeachment trial in nearly three decades, Philadelphia’s top prosecutor asked a state court to halt the proceedings, arguing that the process is politically motivated, unlawful, and outside the Legislature’s purview, reports the Pennsylvania Capital-Star.
District Attorney Larry Krasner, a Democrat who
easily won re-election last year, asked Commonwealth Court on Friday to stop
the Republican-backed process that could remove him from office after GOP
lawmakers launched an investigation into him earlier this year.
During a virtual press conference on Monday, Krasner
said efforts to impeach him play into the “national context of attacks on
reform prosecutors” and “a more generalized authoritarian attack” to overturn
elections.
“The authoritarian movement in this country, at the
moment, is losing, and the authoritarian movement in this country against
reform prosecution is losing,” Krasner said. “I repeat — you don’t have to do
this stuff when you’re winning elections.”
The legal challenge came days after lawmakers in the
upper chamber voted to formally accept the articles of impeachment from the
Republican-controlled state House, which accuse Krasner of misbehavior in
office and obstructing a legislative investigation, and took an oath to uphold
the state Constitution during a trial that could begin in January.
The lawsuit names interim Senate President Pro
Tempore Kim Ward, R-Westmoreland, the House impeachment managers, and the
senators who will serve on the committee overseeing the case arguing that
the impeachment efforts against Krasner “stands the Constitution and this
commonwealth’s history on its head.”
The filing claims that the impeachment process should have expired on Nov. 30, when the two-year legislative session ended. The filing also argues that the Legislature does not have the constitutional authority to remove local officials from office, and alleges the charges against Krasner do not meet the standards for impeachment.
Krasner requested an expedited briefing in
Commonwealth Court, citing a writ of summons formally notifying him of the
charges approved by the Senate last week. Michael Satin, a lawyer for Krasner,
said he does not know what the court will decide.
The writ of summons gave Krasner until Dec. 21 to
file an answer to the upper chamber ahead of the trial.
Erica Clayton Wright, a spokesperson for Senate Republicans, told reporters in a statement that the caucus was reviewing the filing and would respond “once we have had time to evaluate the petition.”
The House Select Committee on Restoring Law and Order, which
was formed in June to investigate and review rising crime rates in the state’s
largest city, has focused on Krasner’s approach to prosecuting crime in
Philadelphia. In September, the GOP-controlled panel conducted a series
of public hearings with live testimony on gun violence.
Earlier this year, the House voted 162-38 to hold Krasner in contempt for refusing
to respond to a subpoena issued by the GOP-controlled committee.
Krasner agreed to testify before the select
committee. But there were conditions from the panel, including that the meeting
would take place behind closed doors without a public live stream or audio
recordings. While the committee would have a copy of the testimony, Krasner
said he could not make a copy.
Krasner — who has urged lawmakers to focus on a
statewide review of gun violence and increased crime through a public process —
told reporters in October that Republicans were using impeachment as a
“political stunt.” He added that lawmakers have not proven that his policies
have contributed to increased crime in Philadelphia.
On Monday, Krasner said he “fully [intends] not to
be silent” as the proceedings play out.
“We are proud of our policies. We are proud of our
ideas. We are proud of our successes,” Krasner said. “We know some things about
what is going on in the rest of the state that is, frankly, not flattering to
their motivation to pursue all of this. We fully intend to respond.”
Removal from office requires a two-thirds majority
vote, at least 34 lawmakers, in the Senate, meaning that some Democrats in the
50-member chamber would have to support the measure for it to succeed after
what could be a lengthy and costly trial. Voters elected a Republican 28-22 majority during the
November election, and a special election will take place next month to replace
one GOP lawmaker who resigned.
Sen. Jimmy Dillon, D-Philadelphia, was the only
member of his party to support the impeachment-related resolutions last week.
Senate Minority Leader Jay Costa, D-Allegheny,
argued similar claims on the chamber floor, saying it would be
“unconstitutional” to carry over impeachment proceedings from one session to
the next two-year period. He also noted that voters elected a Democratic
majority in the House during the Nov. 8 general election and said moving ahead
with a trial would “undermine the voice of the people of this commonwealth.”
Only two officials in Pennsylvania have faced
removal from office through the impeachment process. The most recent occurred
in 1994.
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