Privacy Law

Email secrecy claim by Pennsylvania's AG appears at odds with newly released document

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Kathleen Kane

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

Pennsylvania Attorney General Kathleen Kane told reporters last week that charges against her for an alleged leak of grand jury material are part of a plan to keep her from releasing pornographic and offensive emails found on government computers.

But a newly unsealed document (PDF) suggests the emails may be released to the public, report the Allentown Morning Call, TribLive, the Pittsburgh Post-Gazette and PennLive. The Pennsylvania Supreme Court decided to release the sealed document “in light of public statements made last week” by Kane, according to a press release by the Administrative Office of Pennsylvania.

In those statements, Kane had said she could show she is innocent of the charges if Judge William Carpenter lifted a protective order keeping the “filthy email chain” from release.

The unsealed document, dated Dec. 19, quoted Carpenter as saying his protective order wasn’t intended to affect “appropriate” public disclosure of information “connected with the possession and/or distribution of possibly pornographic images” by members of the Attorney General’s office.

Kane’s lawyer, Gerald Shargel, said in a statement that he expects public disclosure of the emails “will occur in connection with the vigorous defense of the criminal charges.” He said he hopes the supreme court will release additional, related documents.

Kane is accused of leaking grand jury material to embarrass critics, and then lying about doing so. She is the first Democrat to be elected Attorney General in Pennsylvania.

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