Government Law

Former prosecutors sue embattled AG Kathleen Kane

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Kathleen Kane

Kathleen Kane’s booking photo. Photo from the Montgomery County District Attorney.

For months, embattled Pennsylvania attorney general Kathleen Kane has been saying criminal charges that could force her from office are the result of her bringing to light pornographic emails that embarrassed political opponents.

But in a federal lawsuit, five former employees of her office–including several prosecutors–put a different spin on similar alleged facts. They contend that Kane leaked grand jury information and selectively released emails to retaliate against individuals, including prosecutors, who opposed her efforts to misuse her office. The Allentown Morning Call, Courthouse News and the Philadelphia Inquirer have stories.

“Upon assuming office, defendant Kane has misused the power of her office, and its publicly funded resources, for the purpose of silencing her critics through a pattern of intimidation, attempted blackmail, and vindictive retaliation against those persons who have lawfully exposed defendant Kane’s falsehoods, unlawful activities, and violations of her oath of office,” the suit states.

Kane is the first Democrat to be elected as attorney general in Pennsylvania, according to the Inquirer.

Filed Thursday in federal court in Philadelphia, the suit asserts causes of action for alleged defamation, invasion of privacy and violation of plaintiffs’ free-speech rights.

While some of the emails at issue were “offensive, irreverent and in bad taste, there was nothing illegal in their content,” the suit says. The suit also claims that Kane falsely accused some of the plaintiffs of being involved in child pornography in an appearance on a CNN news program. The complaint alleges that some 100 individuals sent or received emails at issue, but that Kane selectively identified only some of the persons involved in an effort to embarrass them and silence and discredit critics.

Named as defendants along with Kane are the parent company of the Philadelphia Daily News, to which Kane allegedly leaked information, and a former reporter there who now works for the Inquirer. A former state police commissioner is among the plaintiffs in the case.

A spokesman for Kane said she “will certainly defend herself vigorously against such claims.” A spokeswoman for the media company declined to comment when contacted by the Morning Call.

Related coverage:

ABAJournal.com: “Pennsylvania AG remains at work despite suspended law license”

See also:

PennLive.com: “Judge issues complaint against Attorney General Kathleen Kane”

PennLive.com: “Attorney General Kathleen Kane tells Pennsylvania Supreme Court she is going public with Eakin emails”

Philadelphia Inquirer: “Reviewer of emails also was recipient”

Philadelphia Inquirer: “Fired deputy AG alleges defamation”

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