Capitolwire: Senate panel pauses Kane removal process to await Supreme Court action.

By Kevin Zwick
Staff Reporter
Capitolwire

HARRISBURG (Jan. 27) – On at least one of her battle fronts, Attorney General Kathleen Kane received a temporary reprieve.

After months of deliberations, the Special Committee on Senate Address’ much-anticipated report says the full Senate shouldn’t hold a vote on the embattled Democrat’s removal from office until the state Supreme Court takes action in her latest request to reinstate her law license. The vote shouldn’t occur unless the high court decides against hearing her new case or rules to not reinstate her law license, the committee’s chairman said.

“While it is pending, the committee decided it would be inappropriate to consider this action,” said Sen. John Gordner, R-Columbia, at a press conference Wednesday.

But if the “status quo is maintained” after the court’s decision, “…the issue of whether she is able to perform the duties of her office is appropriate for the Senate to consider,” the report states.

Kane filed an application for extraordinary relief on January 11 petitioning the Supreme Court to vacate its unanimous ruling on Sept. 21, 2015 to temporarily suspend Kane’s law license. Days after the suspension went into effect in mid-October, the Senate initiated the special committee to begin examining whether Kane can perform the duties of office while her law license is under temporary suspension.

“The Attorney General believes the committee took appropriate action in deciding to wait for the Supreme Court to adjudicate her license suspension even though she continues to believe the Senate’s attempt to remove her through the use of this obscure and antiquated clause in the constitution is unconstitutional in itself,” said Kane spokesman Chuck Ardo.

The makeup of the Supreme Court has swung from a majority-Republican court when Kane’s license was suspended to a majority-Democratic court since early January.

The report doesn’t specifically speak to whether Kane should be removed from office. Instead, the committee “has made a recommendation that the full Senate make a determination on removal,” the report says.

Senators should use the committee’s findings to reach their own conclusions, Gordner said.

“What we said was that the Senate should vote, and it should be up to each and every senator to make that determination based upon the evidence that we have gathered,” he said.

Gordner said he personally believes she should be removed from office.

“I do believe the evidence is sufficient,” he said.

But he is not planning to be the senator to call for a vote on her removal. He believes, under chamber rules, any member can call a vote on removal.

“An organized process” should be established to provide enough public notice ahead of any vote on removal, he said.

The committee’s report comes a day after the House initiated early stages of the impeachment process against Kane.

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NEWSLANC EDITOR:   In other words, no opportunity for Kane to defend herself  before the Senate as would be the case with an impeachment after debate by the Assembly.  How very convenient for the ‘ole boy network’ including elected officials, judges, and luminaries past and present of both political parties.  

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1 Comment

  1. The bottom line is this: When it suspended her law license, the court wrote that this should not be construed as removing her from office. The pending Senate action clearly shows otherwise. So that’s really the issue now going to the court: does it want to be responsible, after all, for the attorney general’s removal?

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