JONATHAN TURLEY

Pennsylvania AG Rails Against Bar Leak . . . In Her Case Alleging Grand Jury Leaks

There are some cases that produce truly Earth shaking ironies. The prosecution of Pennsylvania attorney general Kathleen Kane is one such case. We previously discussed the case where Kane is accused of leaking grand jury information and lying about it to a grand jury. She is accused of using the leaks to attack her opponents or critics. Her team is now objecting to the damage to her case after a leak that confirmed that bar authorities in Pennsylvania are seeking to suspend her law license. They insist that such leaks are clearly designed to hurt Kane.

Defense counsel Gerald Shargel insisted “The leaks about a disciplinary proceeding to suspend or remove attorney general Kathleen Kane as a member in good standing of the Pennsylvania bar are singular in purpose. These leaks are part of a broader campaign to deprive the attorney general of the process to which she is due.” He added “The leak of confidential information only weeks before attorney general Kane’s formal arraignment in the criminal case (at which she will plead not guilty), can only have been designed to poison the jury pool in the criminal proceeding now pending.”

Both the prosecutors and the state bar insist that they are not responsible for the story in the Associated Press. The report states that the Disciplinary Counsel recommended a temporary emergency suspension based on a rule usually reserved for lawyers accused of stealing clients’ money. The rule however also covers “egregious” conduct by an attorney — allowing the board’s counsel and one board member to petition the high court in an emergency.

Source: Penn Live