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State senators cite risk in Kane staying on job

Kathleen Kane

HARRISBURG — Two state senators representing Butler County lamented the failure Wednesday of a Senate attempt to remove embattled state Attorney General Kathleen Kane from office.

Elder Vogel, R-47th, and Scott Hutchinson, R-21st, called the vote’s failure disappointing and Kane’s continued service as dangerous.

The office of Sen. Don White, R-41st, did not return a message seeking comment.

In a 29-to-19 vote, short of the 33 votes needed to reach a two-thirds majority, the Senate failed to approve a resolution that would have directed Gov. Tom Wolf to remove Kane on the grounds that her lack of a law license makes it impossible for her to do her duties.

“Basically she’s just a secretary or office manager at this point,” said Vogel of Kane’s ability to do her duties after having her license suspended in September by the Pennsylvania Supreme Court.

The three state senators who represent parts of Butler County — Vogel, Hutchinson and White — all voted to remove Kane. Both Vogel and Hutchinson said they were surprised the measure did not receive the needed bipartisan support in the 50-member chamber.

The vote came through a provision of the state constitution that gives the Senate the ability to remove elected civil officers without going through the House-initiated impeachment process.

Voting on the measure fell mostly along party lines, with only one Democrat, Sen. Rob Teplitz, D-Dauphin County, voting in favor, according to online vote tallies by the Senate. Republican Sen. Stewart Greenleaf, R-Montgomery, joined Democrats in opposing the move.

Vogel said the case for Kane’s removal, which was put together through a committee investigation, was “compelling,” and he believes her continued service as attorney general exposes the state to a legal risk.

“I believe it puts us in a position where the state could be vulnerable,” Vogel said. “This could be a possible ticking time bomb.”

Hutchinson called the vote a “grave” and “solemn” day for him. He said Kane’s continued service as the state’s top prosecutor will cloud actions she is involved in and jeopardize state contracts and court cases.

“I think there is an extreme amount of risk, both in the criminal prosecution that the attorney general is involved in (and) in the other aspects of her job,” Hutchinson said.

He said Kane is required to sign bond issues — something that could jeopardize financial dealings.

“When the bond underwriters see that she’s not an attorney, they’re going to be in a very interesting situation,” Hutchinson said. “I think there’s going to be all kinds of red flags at that point.”

Kane is defending herself against criminal allegations she leaked secret grand jury material and lied about it. She has been dismissive of the Senate process, saying it violated the state constitution as well as the will of voters who elected her more than three years ago.

Kane, whose indictment on charges including felony perjury has sparked months of pressure from both lawmakers and Wolf to step down, was triumphant in a news release addressing the senate vote.

“Today is a good day for all those who share my desire to restore confidence in our judges and prosecutors and integrity to our system of justice,” Kane’s statement reads.

“Special Prosecutor Gansler will press on, leaving no hate-filled e-mail unread and no ex parte communication uncovered, in our effort to deliver to all Pennsylvanians, the system of justice we deserve rather than the one we have now.

“I am happy to continue this effort, finish the mission I pledged to carry out and the job for which I was elected to serve,” she said.

Shortly before the Senate measure failed to win enough votes, the House approved a resolution to investigate whether to remove Kane by an overwhelming 170-12 margin.

The vote authorizes the House Judiciary Committee to recommend whether Kane should be impeached. That recommendation could come in May or June.

Each of the House members who represent the county who voted did so in favor of the resolution: Daryl Metcalfe, R-12th, R. Lee James, R-64th, Tedd Nesbit, R-8th, Brian Ellis, R-11th, Jim Marshall, R-14th, and Jarett Gibbons, D-10th. Jeffrey Pyle, R-60th, did not vote.

Both Hutchinson and Vogel said that unless Kane is convicted of criminal charges — something that would open the door for lawmakers to begin impeachment proceedings — they don’t see the Senate revisiting the issue of her removal.

“I don’t know that anyone would change their votes, so I don’t expect that,” Hutchinson said. “I can’t envision us going back to this track at this point.”

Kane’s trial is scheduled for August. She is collecting signatures to get on the April 26 primary ballot for a second term.

The Associated Press contributed to this report.

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