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Top Pa. Democrats say it's too early to move against Kane

The last two weeks have brought almost daily doses of bad news for embattled Pennsylvania Attorney General Kathleen G. Kane, a steady drip of negative revelations that raise doubts about her conduct in office.

The last two weeks have brought almost daily doses of bad news for embattled Pennsylvania Attorney General Kathleen G. Kane, a steady drip of negative revelations that raise doubts about her conduct in office.

Despite the deluge and calls from newspapers for Kane to resign, top state Democrats say it is too early to move against her.

Gov. Wolf, the titular head of the party, said last week that he would not push Kane to resign. He said that she could still function as attorney general and that the judicial system should decide the "rights and wrongs" of her actions.

Kane is waiting to hear whether Montgomery County District Attorney Risa Vetri Ferman will charge her with perjury, obstruction of justice, and other crimes in the leaking of secret information to the Philadelphia Daily News, allegedly to punish a political rival. A statewide grand jury recommended that Kane be charged.

"No one wants to be seen as actively trying to get rid of the first woman attorney general," said former Gov. Ed Rendell. "There are people contemplating it, but no one's doing anything overt."

Kane should not resign, Rendell said, adding that she could well be acquitted on charges of breaking grand jury secrecy, if they are brought. Grand jury information is routinely parceled out to the media - confidential information damaging to Kane from the grand jury was itself leaked, he said.

"She's made mistakes, but I can't see a group of citizens convicting her of a crime," said Rendell, also a former Philadelphia district attorney and mayor. "If she's acquitted by a jury, she'll be a hero."

Kane has said she did nothing wrong and will not resign.

The first Democratic attorney general since the post was made an elected position three decades ago, Kane is up for reelection in 2016. Some party leaders say they are concerned that a drawn-out legal fight involving Kane could threaten their hold on the office.

Josh Shapiro, chairman of the Montgomery County Board of Commissioners, is considering a primary challenge to Kane, according to sources close to him. Shapiro also is considering running for the U.S. Senate, at the encouragement of national party leaders who are looking for an alternative to former Rep. Joe Sestak, the sources said.

Kane vows to run for a second term.

Trying to ease Kane out of office could be counterproductive, said a senior Democratic leader who asked not to be quoted by name discussing internal party deliberations.

"She doesn't take advice," the Democrat said. "She's a fighter, combative by nature. When you put somebody against a wall . . ."

One reason consensus for action is elusive, Democrats said, is that the Kane situation is complex and rapidly developing.

Late last week, Kane fired a top aide who had testified against her in the grand jury probe. On Friday, a judge ordered Kane to prove that in doing so, she did not violate a court order designed to protect witnesses from retaliation.

Kane's office has said the aide's firing was part of an office restructuring and not related to the testimony.

Kane's personal lawyer and spokesman, Lanny Davis, said in a statement Saturday that Kane's actions "were entirely based on good faith judgments about improving the efficiency and competency of the Attorney General Office."

The hearing before a three-judge panel is scheduled for April 27. If the judges find that the firing was retaliatory, Kane could face contempt charges.

Davis said Saturday that Kane's lawyers would challenge the order for a hearing.

On Friday, investigators executed search warrants at Kane's Harrisburg and Norristown-area offices, according to two people with knowledge of the searches.

The purpose of the searches could not be learned, but it appeared to indicate that Ferman was moving forward with an investigation of Kane, said the sources, who asked not to be identified because they were not authorized to discuss the case.

"Most reasonable people are saying just let this thing run its course - she's done anyway," said a prominent Democratic strategist. If criminal charges are filed against Kane, "people will be calling for her head on a platter," the strategist said.

Kane may have sustained some damage from the controversies that have engulfed her since The Inquirer reported in early 2014 that she had dismissed an investigation that had captured six Philadelphia Democrats on tape taking cash and gifts.

A Franklin & Marshall College Poll released March 26 found that 19 percent of registered voters had a favorable impression of Kane, compared with 29 percent who viewed her unfavorably.

Yet 36 percent of the respondents said they did not know enough about Kane to have an opinion. Sixteen percent had heard of her but said they were undecided.

The high percentage of voters with no opinion "shows that voters are not invested" in Kane, said pollster G. Terry Madonna. In part, he said, that is because row officers such as the attorney general rarely are in the forefront of public consideration in the way that governors are.

"The Democrats aren't going to be able to let it ride indefinitely," Madonna said. "At some point they'll have to make a decision." He said Kane's travails provide "a lot of potent fuel for 30-second attack ads."

Jim Burn, the state Democratic chairman, said there was still time.

"Until there's more substance and we see where the evidence leads, it's too soon to be asking Kathleen to consider stepping down," Burn said. "The attorney general deserves the opportunity to present her side of the story."