DN Editorial: SCARY PRECEDENT

IN THE UNFOLDING political and moral tragedy that is the case of Attorney General Kathleen Kane comes the latest wrinkle.

The state Senate has set up a seven-member committee to decide whether Kane should be ousted under an obscure section of the state Constitution that allows for "civil removal" of some elected officials upon a two-thirds vote of the Senate.

Senate President Joe Scarnati, who will chair this committee, this week appointed three Democrats and three Republicans to serve. Gov. Wolf has approved creation of the committee, which signals he is likely to approve of any Senate vote taken.

The stated reason for dusting off this provision of the Constitution is that since Kane's law license has been temporarily suspended by the state Supreme Court, she can no longer function because the law requires that the attorney general be a lawyer.

The concern: Suspension of her license could endanger cases the state takes to court and prompt defense lawyers to challenge verdicts on grounds the prosecutions were flawed.

We oppose the creation of this committee and, if it comes to that, the removal of Kane from office by a vote of the Senate.

In our view, it violates the right of every citizen to be considered innocent until proved guilty. Kane is under indictment for lying to a grand jury, but has yet to be tried.

We also believe that regardless of the merit of the present case, it sets a dangerous precedent. If used once to remove an elected official, it will be used again. The next time there may not be any respectable reason for such an action.

Consider this hypothetical: A future Democratic governor and a Legislature controlled by Democrats are under investigation by a Republican attorney general for corruption.

The Senate, with the governor's blessing, votes to remove the attorney general from office on grounds he has been illegally pressuring witnesses in the case. It is not true, but it gives cover for their actions.

Don't think it could never happen? Think again. After all, this is Pennsylvania.

Let's be clear: We are not defenders of Kathleen Kane. The attorney general has shown her judgment to be questionable and her vindictiveness to be troubling.

If she were to quit tomorrow, we would be happy to see the end of this sorry chapter.

But she has a right to her day in court. We would also note that her temporary suspension was approved by the state Supreme Court, buffeted by a scandal over pornographic emails - details of which were released by Kane.

Kane has said every action taken against her is the product of a conspiracy among an old boys' network determined to destroy her. Kane's paranoia over this "conspiracy" verges on an obsession. (On the other hand, just because you are paranoid doesn't mean they aren't out to get you.)

If Kane is convicted in court, she will have to resign because felons cannot hold public office in this state. If she refuses, there is another mechanism to force her out of office - impeachment, which is also in the state Constitution.

In due time the fate of Kathleen Kane will be decided by a jury of her peers or by the voters of Pennsylvania. We see them as the proper agents, not a Senate committee.