Kane Deputies To Testify Before Senate Panel

The committee is studying whether to remove Kane under a provision of the state Constitution – last used in 1891 – for “incapacity”, or the inability to do her job, in this case because her license has been suspended.

Beth Weisser, a Fox Rothschild partner who represents lawyers in disciplinary proceedings, said even continuing to use the title of attorney general is “problematic” for Kane, because lawyers are supposed to stop giving even the impression they can practice law when their license is suspended. Staffers testified their primary worry is external challenges including defense attorneys asking courts to dismiss actions because the AG’s office lacks jurisdiction given Kane’s lack of a license. “The decisions involving this matter are novel”.

“To do otherwise would have created a result that would have effectively crippled the functioning of one the most important state agencies in government”, Bruce Beemer, Kane’s first deputy, testified before the seven-member Senate panel.

Kathleen Kane’s top deputies were sworn in on Wednesday, subpoenaed by a special committee in Harrisburg deciding if there is reason to recommend removing Kane from office. “That is what I would call a sort of nuclear scenario”, said Beemer.

“We have not encountered any incident where she has directly injected herself in the decision-making process”, Beemer said, adding a cryptic “caveat” that they “just don’t know about certain issues”.

The Senate committee plans to hear next from the attorney general’s top deputies, at a hearing scheduled for Wednesday.

She has maintained her innocence and says she has the right to perform administrative duties in the office of attorney general.

Senate President Pro Tempore Joe Scarnati, R-Jefferson, asked the four if Kane was showing up to work.