Judge orders embattled state AG to show why she shouldn't be held in contempt for axing prosecutor
Image of Kathleen G. Kane from the Pennsylvania Office of Attorney General.
Already in the midst of a grand-jury probe over her claimed release of confidential information to a newspaper to hurt a political rival, Pennsylvania’s attorney general has now been asked by the judge overseeing the investigation to explain why she fired a top prosecutor.
Longtime prosecutor James Barker, who served as chief deputy attorney general for appeals and legal services for the AG’s office, said he was stunned by his Wednesday firing and had not ruled out litigation. However, his ouster also may create an issue under a protective order by Judge William Carpenter barring retaliation against witnesses in the Montgomery County grand-jury case, according to the Associated Press and the Philadelphia Inquirer.
Carpenter on Friday ordered Kane to show cause (PDF) why she should not be held in contempt for firing Barker, the Pittsburgh Tribune-Review reports.
A hearing is scheduled April 27, at which Kane and the grand jury’s special prosecutor, Thomas Carluccio, will help a three-judge panel decide whether Barker’s termination violated the protective order. “In the event that the protective order was violated, an indirect criminal contempt proceeding will follow forthwith,” wrote Carpenter.
Attorney Lanny Davis is representing Kane and said the decision to fire Barker was not in retaliation for his grand jury testimony. “I can reassure Judge Carpenter that the personnel decisions over the last two years, including the most recent ones, were 100 percent appropriate management decisions,” Davis said in a written statement provided to the Tribune-Review.
Exactly why Barker was let go isn’t clear from news reports.
No decision has yet been made by Montgomery County District Attorney Risa Vetri Ferman as to whether Kane should be prosecuted on charges recommended by the grand jury.
Related coverage:
Philadelphia Daily News (opinion): “The Kane drain”
Harrisburg Patriot-News: “Revolving door of top aides keeps spinning for AG Kathleen Kane”
