AG Kane should surrender post and 'porngate' inquiry
Just when it seems Attorney General Kathleen Kane’s train wreck of a political career can’t get any worse, the wreckage takes another spasmic lurch.
The Philadelphia Inquirer reported this week that the special prosecutor Kane hired to examine evidence in the pornographic e-mail scandal says he can’t see any criminal charges will come of it.
Douglas F. Gansler, the former attorney general of Maryland, said bringing charges under obscenity statutes would be far-fetched. The conduct of any former or current officials who swapped offensive e-mails on government computers might violate workplace rules, Gansler said, but it was hardly criminal.
In 2014, her second year in office, Kane discovered her office’s computer server had been a hub for swapping disturbing e-mails, which had been circulating for years among state and federal prosecutors, judges, defense lawyers and others.
The scandal that followed her disclosure has cost several top officials their jobs, including a state Supreme Court justice. None was criminally charged, but all were either fired or forced out of office under public pressure.
Kane says it’s evidence of an “old boys” culture that she insinuates is the genesis of a criminal case against her — she was charged in August with multiple counts of perjury and obstruction of justice, accused of leaking secret grand jury evidence. The state Supreme Court suspended her law license in October.
In January, Kane’s office hired Gansler and so far has spent about $67,000 on him and his team of special prosecutors to investigate the exchange of lewd and offensive e-mails. Gansler has said the review could cost as much as $2 million.
Now, Kane’s top aides have begun to distance the office from Gansler. Kane spokesman Chuck Ardo raised doubts Monday whether Gansler had legal authority to prosecute — he doesn’t have a Pennsylvania law license and would need court permission to practice in the state. He said the Attorney General’s Office had dropped plans to sign a contract with Gansler spelling out his specific role as special prosecutor. Instead, Ardo said, Gansler is to be paid as part of the office’s overall contract with Gansler’s law firm, BuckleySandler L.L.P.
Gansler replied it would be no big deal getting court permission to practice law in Pennsylvania. But he said he won’t need permission since he doesn’t plan on bringing any charges.
Kane appears intent on continuing her porngate investigation.
“We can’t turn a blind eye to it,” she said about the porngate scandal while defending the investigation — and its expense — at a House budget hearing on Monday.
Ironically, a blind eye was what she gave four Democratic state legislators and a Philadelphia judge — all of whom had been videorecorded accepting cash and gifts from an undercover informant. When Kane declined to prosecute them, Philadelphia District Attorney Seth Williams took the cases and won prosecutions or guilty pleas.
Kane refused to prosecute the guilty; it only adds insult to injury now that she insists on prosecuting naughty behavior when criminal charges are beyond her reach.
This train wreck must be nearly done. It’s time to clear the track.
