Kane: Special prosecutor lacks authority
HARRISBURG — Pennsylvania’s attorney general argued Wednesday that a special prosecutor who investigated her was appointed without legal authority or the presence of safeguards to prevent abuse.
Attorney General Kathleen Kane’s lawyers said in a court filing that the suburban Philadelphia judge who appointed special prosecutor Thomas Carluccio gave him powers “that were not his to delegate.”
“There is no authority for the judiciary to appoint a special prosecutor to conduct an investigating grand jury into the actions of the Office of Attorney General,” Kane’s lawyers wrote. “Such an appointment would never be lawful without appropriate procedures and safeguards in place to prevent abuse.”
The filing was made about a month before the legality of Carluccio’s appointment will be the subject of argument before the state Supreme Court.
A grand jury looking into the disclosure of investigative material to a news reporter recommended to Carluccio in December that there are reasonable grounds to charge Kane with perjury, false swearing, official oppression and obstruction. She has denied breaking the law and has not been charged with any crime.
Carluccio sent the grand jury’s report to Montgomery County District Attorney Risa Ferman, who has not spoken publicly about what she intends to do with it.
