Saw this article this evening:
The Attorney General's Office has asked the special prosecutor appointed by Kathleen Kane to lead the 'Porngate' investigation to return a hard drive containing nearly 1 million emails.
Kane spokesman Chuck Ardo said Doug Gansler was asked for the emails' return in a phone call last week amid concerns about the release of confidential information and Gansler's status with the office.
Last week's call came from Executive Deputy Attorney General Robert Mulle, who has beenreviewing Gansler's contract with the office, at the request of First Deputy Bruce Beemer, Ardo said.
Kane's law license was suspended by the Supreme Court in October as criminal charges tied to the alleged leak of grand jury information are adjudicated. Since then, Kane's deputies have overseen more of the office's operations. They testified last month about how Kane's legal status has complicated their work.
Gansler said he doesn't intend to return the hard drive and believes that Beemer is "throwing some silly theories out there to impede an investigation."
In addition to requesting the return of the emails, Gansler said Beemer has tried to delay the signing of his contract with the office.
Beemer did not immediately respond to a request for comment.
Kane's office already signed a contract with Gansler's Washington, D.C.-based law firm BuckleySandler. Earlier this month, Kane personally signed off on Gansler's appointment as special deputy attorney general, but that document did not undergo the office's standard review process.
"There are substantial questions amongst lawyers in the office as to exactly what relationship that (document) enshrines," Ardo said, in an earlier interview.
Gansler said his contract is a formality that doesn't impact his status with the office. His appointment took effect Dec. 1, he said, and the contract only governs when he will be paid.
Gansler would be paid at the same rate as Kane, who receives an annual salary of nearly $159,000. According to the contract with BuckleyGansler, the rest of his team will be paid at a discounted hourly rate via a contract that contains no cap on compensation. Gansler has said he plans to use the expired independent counsel law's $2 million threshold as an upper limit.
Kathleen Kane's investigation much broader than porn: Q&A with special prosecutor
Ardo said a grand jury secrecy oath was sent Gansler and his team prior to the Christmas holiday but has not yet been returned with their signatures.
Gansler said he has already signed the oath and that his other team members will sign once everyone has returned from vacation.
"This is one of Mr. Beemer's attempts to undermine the independent nature of the investigation by bringing up silly things like that," he said.
Gansler's appointment document specifically orders the special deputy attorney general to identify grand jury materials before surrendering them to the Pennsylvania Historical and Museum Commission at the end of his tenure.
Special Prosecutor Doug Gansler To Lead Invesigation With 'No Preconceived Notions'Special Prosecutor Doug Gansler To Lead Invesigation With 'No Preconceived Notions'
Beyond the question of secret grand jury materials, Ardo said there are also concerns that the emails may contain information about active investigations and confidential informants. They may also include medical information that must be kept secret through the Health Insurance Portability and Accountability Act, or HIPAA.
Several legal experts and other officials haveraised questions about Gansler's ability to serve in his current capacity in the absence of a formal contract as well as possible ramifications of handing over nearly 1 million emails to a private party.
Gansler said he and his team already had an obligation to preserve grand jury secrecy, even before receiving the grand jury oath to sign.
"We have not begun the process of looking at the non-public emails anyway," he said. "We don't want to do that out of an overabundance of caution until everyone who reviews those emails has signed that form."
As part of the investigation, Gansler said the 1 million emails will have to be filtered in order for the team to review only content relevant to the investigation.If that process requires an outside vendor, he said, anyone who comes in contact with the emails will be subject to secrecy rules. That's true of any case the firm has handled, he said.
Kathleen Kane, Porngate and Pennsylvania politics: The story so far, what's next
If that process requires an outside vendor, Gansler said, anyone who comes in contact with the emails will be subject to secrecy rules. That's true of any case the firm has handled, he added.
"We will ensure the protection of all of the information," he said. "We have no concern whatsoever of information in our possession getting out to the public. That may have happened heretofore in other places, but we don't do that."
Gansler was appointed to oversee the investigation earlier this month that includes the so-called 'Porngate' emails and any other possible related crimes.
The email exchange of lewd and offensive materials was first discovered as part of the review of the Jerry Sandusky child sex abuse investigation. A number of the emails have been made public via court records, leaks and official releases through Kane's office.
Those prior releases raised questions about possible bias and ex parte communication among defense attorneys, prosecutors and judges who were involved in the email exchanges. They also resulted in a number of resignations, retirements and, most recently, the suspension of Supreme Court Justice J. Michael Eakin.
Kane and her sister also appeared in some of the emails, which Kane released last week. That material will be included in the investigation, Gansler has said.
The Attorney General's Office has asked the special prosecutor appointed by Kathleen Kane to lead the 'Porngate' investigation to return a hard drive containing nearly 1 million emails.
Kane spokesman Chuck Ardo said Doug Gansler was asked for the emails' return in a phone call last week amid concerns about the release of confidential information and Gansler's status with the office.
Last week's call came from Executive Deputy Attorney General Robert Mulle, who has beenreviewing Gansler's contract with the office, at the request of First Deputy Bruce Beemer, Ardo said.
Kane's law license was suspended by the Supreme Court in October as criminal charges tied to the alleged leak of grand jury information are adjudicated. Since then, Kane's deputies have overseen more of the office's operations. They testified last month about how Kane's legal status has complicated their work.
Gansler said he doesn't intend to return the hard drive and believes that Beemer is "throwing some silly theories out there to impede an investigation."
In addition to requesting the return of the emails, Gansler said Beemer has tried to delay the signing of his contract with the office.
Beemer did not immediately respond to a request for comment.
Kane's office already signed a contract with Gansler's Washington, D.C.-based law firm BuckleySandler. Earlier this month, Kane personally signed off on Gansler's appointment as special deputy attorney general, but that document did not undergo the office's standard review process.
"There are substantial questions amongst lawyers in the office as to exactly what relationship that (document) enshrines," Ardo said, in an earlier interview.
Gansler said his contract is a formality that doesn't impact his status with the office. His appointment took effect Dec. 1, he said, and the contract only governs when he will be paid.
Gansler would be paid at the same rate as Kane, who receives an annual salary of nearly $159,000. According to the contract with BuckleyGansler, the rest of his team will be paid at a discounted hourly rate via a contract that contains no cap on compensation. Gansler has said he plans to use the expired independent counsel law's $2 million threshold as an upper limit.
Kathleen Kane's investigation much broader than porn: Q&A with special prosecutor
Ardo said a grand jury secrecy oath was sent Gansler and his team prior to the Christmas holiday but has not yet been returned with their signatures.
Gansler said he has already signed the oath and that his other team members will sign once everyone has returned from vacation.
"This is one of Mr. Beemer's attempts to undermine the independent nature of the investigation by bringing up silly things like that," he said.
Gansler's appointment document specifically orders the special deputy attorney general to identify grand jury materials before surrendering them to the Pennsylvania Historical and Museum Commission at the end of his tenure.
Special Prosecutor Doug Gansler To Lead Invesigation With 'No Preconceived Notions'Special Prosecutor Doug Gansler To Lead Invesigation With 'No Preconceived Notions'
Beyond the question of secret grand jury materials, Ardo said there are also concerns that the emails may contain information about active investigations and confidential informants. They may also include medical information that must be kept secret through the Health Insurance Portability and Accountability Act, or HIPAA.
Several legal experts and other officials haveraised questions about Gansler's ability to serve in his current capacity in the absence of a formal contract as well as possible ramifications of handing over nearly 1 million emails to a private party.
Gansler said he and his team already had an obligation to preserve grand jury secrecy, even before receiving the grand jury oath to sign.
"We have not begun the process of looking at the non-public emails anyway," he said. "We don't want to do that out of an overabundance of caution until everyone who reviews those emails has signed that form."
As part of the investigation, Gansler said the 1 million emails will have to be filtered in order for the team to review only content relevant to the investigation.If that process requires an outside vendor, he said, anyone who comes in contact with the emails will be subject to secrecy rules. That's true of any case the firm has handled, he said.
Kathleen Kane, Porngate and Pennsylvania politics: The story so far, what's next
If that process requires an outside vendor, Gansler said, anyone who comes in contact with the emails will be subject to secrecy rules. That's true of any case the firm has handled, he added.
"We will ensure the protection of all of the information," he said. "We have no concern whatsoever of information in our possession getting out to the public. That may have happened heretofore in other places, but we don't do that."
Gansler was appointed to oversee the investigation earlier this month that includes the so-called 'Porngate' emails and any other possible related crimes.
The email exchange of lewd and offensive materials was first discovered as part of the review of the Jerry Sandusky child sex abuse investigation. A number of the emails have been made public via court records, leaks and official releases through Kane's office.
Those prior releases raised questions about possible bias and ex parte communication among defense attorneys, prosecutors and judges who were involved in the email exchanges. They also resulted in a number of resignations, retirements and, most recently, the suspension of Supreme Court Justice J. Michael Eakin.
Kane and her sister also appeared in some of the emails, which Kane released last week. That material will be included in the investigation, Gansler has said.
