Prosecutors can proceed with charges that Attorney General Kathleen Kane lied to one grand jury about her obligation to protect the secrecy of another, a judge ruled Tuesday. That question is at the center of a new perjury charge against the commonwealth’s beleaguered top prosecutor. Prosecutors say a September search of Kane’s Harrisburg offices yielded a document that further undercut her testimony to a November 2014 grand jury investigating the leak.
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Kane and her attorneys said nothing about the state senate committee holding hearings to debate whether to remove her from office.
After 90 minutes of testimony, a judge decided Kathleen Kane will face trial on a second set of criminal charges.
Shargel, speaking after the hearing, said Kane was undoubtedly “overwhelmed” in her first days in office and could have easily forgotten signing the oath.
“They have to prove intent…that someone did something purposeful and not because of an innocent mistake”, he says.
The new charges will be consolidated with the case under which Kane is already facing trial on charges she orchestrated the illegal disclosure of confidential investigative information and secret grand jury information to the media and then engaged in acts created to hide and cover up her alleged conduct.
On Tuesday, Kane was in court in Montgomery County.
Kathleen Kane Preliminary Hearing Gerald Shargel, Attorney General Kathleen Kane’s attorney, responds to charges of perjury for swearing and obstruction moving on through the legal process after Tuesday’s preliminary hearing.
Prosecutors say Ms. Kane targeted Mr. Fina because she blamed him for providing confidential information to The Inquirer for a story reporting that she had shut down an undercover corruption investigation involving elected officials from Philadelphia, all Democrats like Ms. Kane.
Her lawyers argued that the prosecution showed no evidence that Kane willfully lied under oath, but according to a judge, that debate can and will be had at trial.
Kane will be formally arraigned on January 6.
She also faces challenges on other fronts.
The embattled attorney general has claimed she did nothing wrong and has implied the charges are part of an effort to force her out of office because she discovered pornographic emails being exchanged between state employees on state email addresses.
Kane has insisted that her license suspension would have no impact on her job performance. Kane is up for re-election in 2016.
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“The fight goes on”. She is expected to plead not guilty and waive the hearing. “We are very, very optimistic about this”, he said.
