Judge Orders Hearing to Review Firing of AG Kane Aide

A Montgomery County judge has ordered an April 27 hearing to review Pennsylvania Attorney General Kathleen Kane’s decision to fire a top aide who had testified at grand jury investigation into allegations she leaked classified information to media outlets, according to Philly.com.

A spokeswoman for Kane told reporters that the firing of James Barker, the chief deputy attorney general for appeals and legal services, was part of an office reorganization.

Judge William Carpenter, who presided over the grand jury, said to philly.com that a protective order had been issued barring acts of retaliation against witnesses.

Considered a rising star in the Democratic Party after her 2012 nomination and election to the Attorney General’s office, Kane’s stock has fallen sharply in the past year. In May 2014, Carpenter appointed a special prosecutor to conduct a grand jury investigation into Kane’s alleged leak of classified information from another grand jury to Philadelphia newspaper.

Kane has been accused of leaking information from an invesitgation into J. Whyatt Mondeshire, former president of the Philadelphia chapter of the NAACP. The grand jury recommended Montgomery County District Attorney Risa Vetri Ferman charge Kane with criminal counts of perjury, false swearing, official oppression and obstruction.

The Pennsylvania State Supreme Court rejected Kane’s motion to quash the grand jury report, saying the appointment of a special prosecutor did not violate the separation of powers. Kane’s attorneys argued that the judiciary did not have the power to order a special prosecutor to investigate the attorney general.

Criminal charges have not yet been filed by Ferman, who is reviewing the grand jury’s findings.

“Should further investigation be warranted, the District Attorney’s Office and Detective Bureau will undertake such independent investigation as necessary,” Ferman said in a statement. “Upon the conclusion of the law enforcement investigation, the District Attorney’s Office will review the applicable laws and make determinations as to whether criminal charges are warranted against any individual.”

Governor Tom Wolf told reporters last week that he would not seek Kane’s resignation, saying he preferred to let the judicial system play out the process.