Senate OKs plan on removal of Kane
HARRISBURG – The Pennsylvania Senate voted unanimously Wednesday for a plan that could result in the removal from office of state Attorney General Kathleen Kane.
The process involves a hearing on Jan. 12 by the Special Committee on Senate Address about whether she can perform the attorney general’s duties with a suspended law license. Kane would have the opportunity to testify, provide written remarks or send a lawyer on her behalf.
“We worked very hard to ensure due process,” said Sen. John Gordner, R-Columbia, the committee chairman. “And I think we were very successful at that. And I think, as a result of that, we got a unanimous vote.”
The committee would have to issue a report within 15 days, and ultimately a supermajority of senators would be required to remove her.
“The attorney general continues to believe that the path being followed by the Senate is unconstitutional and will decide how to proceed from here,” said Kane spokesman Chuck Ardo.
Kane, a first-term Democrat, is fighting criminal charges she leaked secret grand jury material and lied about it under oath.
The state Supreme Court voted to suspend her license in September, an order that took effect Oct. 22. Kane faces charges in Montgomery County that include perjury and obstruction.
The Senate is acting under an obscure provision of the state constitution, Removal of Civil Officers.
It says “all civil officers elected by the people,” with listed exceptions that don’t include the attorney general, “shall be removed by the governor for reasonable cause, after due notice and full hearing, on the address of two-thirds of the Senate.”
The governor’s role isn’t clear. Wolf said a week ago he would have no choice but to remove Kane if the Senate votes for it, but he later backtracked, saying he was still grappling with the meaning of that constitutional provision.
“This is new territory. This is unprecedented,” Wolf said last week.
Wolf has called for Kane’s resignation.