I know this is tedious, but I think it is going to be very important going forward.
So, the SC hires special counsel to "independently investigate" Eakins' porny, racist emails last year, and he (Byer, Baldwins former partner) claims they were not much of anything. Then what Kane says are the very same emails are leaked to the Philly papers and the public blows up, and the Supreme Court itself says it is "disturbed" by the emails. With in a few days, Byer and Castille are complaining that they did not have all the emails. Castille, the recently retired fraud, claims Kane has violated the code of professional conduct by withholding emails.
Now Kane as re-asserted that they had them all, all along, and she has some witnesses, including an investigator from her office who oversaw the compilation of the release:
After a thorough review of the FACTS regarding Supreme Court Justice Eakin’s private email account, with both verification by two deputy attorneys general and a senior supervisory special agent, as well as documentary evidence there is one clear and unequivocal conclusion: The JCB, Supreme Court Special Counsel Robert L. Byer, and the Supreme Court itself had access in 2014 to the emails reported by the Philadelphia Daily News and now in possession of Joseph Del Sole for review.
The facts are as follows:
1. On November 5, 2014, Robert Graci, Chief Counsel of the JCB, and investigators of the JCB viewed a disc containing the personal emails of Justice Eakins that contained numerous photos and videos that contain nudity. These emails were part of the complete set of emails my office sent to the JCB last month that ultimately were made public by the Philadelphia Daily News. They are as The Daily News has described them: “raunchy, sexist, [and] racist” and circulated among a “district attorney…first assistant district attorney, a county judge, a senior deputy attorney general, an assistant U.S. attorney and a U.S. Fish and Wildlife Service employee…a deputy clerk for a federal judge, a lawyer with the Pennsylvania Gaming Control Board and a second Common Pleas judge in Dauphin County.”
2. Mr.Graci, Beemer, and JCB investigators viewed these emails in the OAG office of Bruce Beemer, First Deputy Attorney General. The viewing was conducted and witnessed by a Senior Supervisory Special Agent.
3. Mr. Graci and JCB investigators were provided these email files on disc and left the OAG with them in hand on Nov.5, 2014. OAG retained a copy of the emails with attachments that were contained on this disc.
4. On December 8, 2014, Mr. Graci concluded his investigation of Justice Eakin and made a recommendation to the JCB.
5. On December 19, 2014, OAG received notification that Byer had suddenly concluded his investigation of Eakin emails and his report would be released publically within 30 minutes. OAG informed Mr. Byer that the investigation was not complete as of yet.
6. On December 19, 2014, the “Report of the Special Counsel Concerning Review of Email Messages Involving Supreme Court Justices and Office of Attorney general from 2008-2012”, commonly referred to as the Byer Report for its author, Robert L. Byer was made public. The Byer Report makes clear that it covered “[t]he additional 1,038 email messages that were sent to or from Justice Eakin’s personal account.” The internal report and subsequent review by OAG confirms this. Mr. Byer was given complete access to all of the Eakin private emails requested by Chief Justice Castille via an electronic vault set up by the OAG in November of 2014, records of Byer’s access into the vault confirm the same.
7. Folders were created by OAG in this vault for Byer with the categories, amongst others, “sexual forwards” and “non sexual forwards” for efficiency and ease of access. Records confirm this fact.
To conclude, Mr. Byer who was commissioned by then Chief Justice Castille had access to 1038 personal emails of Justice Eakin, which contained videos and photos described in news articles. Mr. Byer’s report fails to mention any questionable emails in his report. OAG vault records confirm Byer’s access and the exact emails. The JCB had in its possession and viewed a disc on Nov.5, 2014 containing numerous videos and photos containing nude women. Any allegation or statement that these two entities did not have the information because of any action of OAG is FACTUALLY incorrect.
This statement was made October 14th, TWO DAYS ago, as I write this. Castille sure spoke up quickly the last time this came up, why are we getting crickets from him now? Laryngitis? And Byer is recovering from surgery. Huh. So The state's highest court is silent about this matter because its lawyer is recovering from surgery? Wow. If she is wrong and you can prove it, then let's see your proof. You cannot say you did not want to make a public spectacle of this--you already did. The Supreme Court set itself up as a LITIGANT in this adversary proceeding, and their boy tried to wash it away. Kane just dusted thim in that endeavor. Why is the highest court in PA picking sides in this fight between Kane and the porny racists? Why did Eakin have a (literally) "John Smith" email account on Yahoo that Frank Fina could send his emails to?
But the best part is that Eakin, who Baldwin's surgery-ridden partner says did nothing wrong, claims to have "apologized," in this statement:
"It is disconcerting and embarrassing to find others searching years of private personal emails looking for and publicizing any insensitive content. I sincerely apologize for such content," Eakin said in a statement.
"Those who know me understand the items chosen for release do not reflect my character or beliefs, nor have they ever been part of my consideration of any case or business of the Court," he said. "I do not offer this as an excuse, and will continue to cooperate fully with the independent review by the Court and by the Conduct Board."
I love it when a Justice of the highest court in the state claims that his actions do not reflect his character, minimizes what he did wrong and casts blame in the very first sentence of his so-called "apology"
As many of you know, I do volunteer work in a Domestic Violence (DV) Intervention Program. One of the things we do is teach people how to apologize. We will examine this so-called apology in class and I guarantee you that spousal abusers with no education who have completed our program could do a better job. This " apology" is an insult to the character and the intelligence of every person in PA. It is the passive-aggressive equivalent of saying "F you. I did nothing wrong."
In the first sentence he blames "others" AND refers to the porny, racist sludge in the emails as "insensitive." The next sentence tells us that these actions of his do not reflect his character or his beliefs. Yo, judge, if they were your emails yes they do. Not to mention that you knew it was wrong so you set up a fake email account to try and hide it.
If the people of PA do not demand answers, they will not get any answers. They will continue to get the sort of government their silence demands.
