LNP reports “‘The attorney general’s job description does not include incompetence and vindictiveness but that seems to be the top priority there now,’ [County district attorney Craig Stedman] said in an email.”
State Attorney General Kathleen Kane’s so called incompetence and vindictiveness might be issues for a re-call movement, but are irrelevant to her prosecution. Moreover, Pennsylvania does not provide for re-call elections as do nineteen other states and the District of Columbia.
However, if the citizenry is unhappy with Attorney General Kathleen Kane’s performance, they can vote her out of office in the 2016 Democrat primary (if she runs) or the general election.
As we view it, there are three issues now to be determined:
1) Did she commit a felony or even a misdemeanor?
2) If so, but they are petty, will the judge simply give her a token sentence such as public service and she remain in office?
3) If she indeed committed a misdemeanor or a felony, will a jury convict her?
‘Jury nullification’, while seldom discussed, is protected under the U. S. Constitution and has a long history, sometimes for the good and sometimes for the bad. It is the jury’s decision, and their decision only.
The accusations have been Republican brought, Republican prosecuted, Republican indicted and overseeing the process is a Republican judge. Moreover, the judge recently obfuscated, some would say dissembled, about his de facto gag order which has prevented Kane from releasing the names of potential witnesses involved in passing around pornographic material on state time.
Provided Kane remains attorney general at the time, the trial will be a closely observed spectacle. Kane will be pressing to bring in evidence. The prosecutor and judge will overrule her again and again on the grounds the materials are not relevant to the charges. Members of the jury are likely to be unhappy about not hearing what Kane has to say.
Montgomery County tends to be Democrat, so there likely will be some on the jury. Also Montgomery County’s population in general is more affluent and better educated, so jurors are likely to be more independent.
So if the jury gets a whiff of the charges being partisan, some members may insist on acquittal.
This is the reason for the near hysterical cries for Kane to resign or be disqualified. If this goes to a jury, she is likely to win. And if she is indeed “vindictive”, then what?
Here is a request from Real Reporting of the bailiff for the trial: “Please reserve a good seat for Bill Keisling. He’ll be there.”
