Pittsburgh Federal Prosecutor Okayed as PA A-G

The state Senate has unanimously confirmed Linda Kelly as Pennsylvania’s Attorney General.

The 50-0 vote makes Kelly the first female attorney general since the post became an elected office in 1981.

Kelly spent the bulk of her career in the Pittsburgh U.S. Attorney’s office, where she served as Tom Corbett’s chief deputy when he held the federal post in the early 90s. She graduated from the University of Pittsburgh and Duquesne University Law School, and has worked at the U.S. Attorney’s office since 1980.

Senate Majority Leader Dominic Pileggi said it was “hard to justify a vote against her,” arguing, “She was clearly qualified. There were no arguments against her qualifications. So the only arguments that could come forward would be political arguments. When she agreed not to be a candidate moving forward, that removed another potential objection.”

In fact, Senate Minority Leader Jay Costa introduced Kelly, during her confirmation hearing earlier this month.

Kelly’s road to confirmation was much smoother than what Corbett faced, when he was nominated to fill Ernie Preate’s term in 1995. Corbett’s nomination was held up for months, and used as a political bargaining chip by Democrats.

The governor’s office did not return calls for comment on Kelly’s confirmation.

AG Nominee Moves Forward

Governor Tom Corbett’s pick to replace him as Pennsylvania Attorney General has cleared a key hurdle, winning approval from the State Senate Judiciary Committee. The panel unanimously recommended Assistant U.S. Attorney Linda Kelly, who will need to win the support of two-thirds of the full Senate.

Kelly only faced fifteen minutes of questions, including one from Republican John Rafferty, who asked, “Have you had familiarity with working with grand juries, and do you plan on using them as effectively as your predecessor has as a tool to weed out crime and corruption?” A grand jury, of course, continues to investigate corruption at the Capitol. 25 House lawmakers and staffers have been charged, with nine guilty pleas or verdicts and one acquittal. Nothing has ever been filed against any Senators or Senate staffers.

If Tuesday’s hearing is any indication, Kelly will easily win the Senate votes she needs. Minority Leader Jay Costa introduced her, calling her “highly qualified,” adding he’s “sure that she will be” confirmed.

Kelly has worked at the Pittsburgh U.S. Attorney’s office since 1980, and graduated from the University of Pittsburgh and Duquesne University School of Law. She’s known Corbett since 1976, and served as his top aide when he was U.S. Attorney, but told the panel she’d maintain independence from the governor’s office. “If an Attorney General were to be influenced by the Administration, then I think the likelihood that they would also be influenced by all other types of outside factors and forces would be a good bet, as well,” she said. “And I don’t think that the governor, I don’t think this committee, would want that kind of influence to take place. And I, myself, would not wish to be a part of it.”

The Senate Rules Committee needs to consider Kelly’s nomination before the full Senate votes. Following political tradition, she has promised not to run for re-election, and would only serve until January 2013.

Attorney General Race Gets New Face

Former Democratic Congressman Patrick Murphy is running for Attorney General of Pennsylvania, and he’s entering the race with broad support from party leaders. Former Democratic Chair T.J. Rooney, 2010 gubernatorial nominee Dan Onorato, and Congressmen Tim Holden, Jason Altmire and Chaka Fattah are endorsing his run, along with nearly a dozen state representatives and senators.

In a phone interview, Murphy said he’s running because, “The people of Pennsylvania need someone to stand up for them. …They need someone who’s going protect them against criminals on the street, from big special interests who prey against our most vulnerable, including seniors, and they need an outsider to Harrisburg who will root out corruption.”

“I spent my life fighting for people,” he said. “In the Army I prosecuted terrorists who tried to kill American soldiers. I tried criminals who broke the law, and I taught con law at West Point.” Murphy, who lost his seat to Republican Mike Fitzpatrick last year, was the first Iraq War veteran to serve in Congress. His House career encapsulated the country’s political swings: he won in the big Democratic cycles of 2006 and 2008, but lost during last year’s Republican surge.

Murphy praised then-Attorney General Tom Corbett’s investigation of corruption at the state Capitol, saying, “People in Pennsylvania are tired of folks there who are feathering their own nest. We need to make a higher priority, moving forward, of prosecuting public corruption.” When asked whether he would have handled the investigation differently, Murphy repeated the “feathering their own nest” line. He declined to comment on whether he thought Corbett had spent more time investigating Democrats than Republicans, as many in Murphy’s party have claimed. If the “Bonusgate” investigation is still open after he takes office, Murphy said he would “absolutely” continue it.

Murphy is perhaps best known for authoring last year’s federal law overturning the military’s “Don’t Ask, Don’t Tell” policy, which barred gays and lesbians from openly serving in the armed forces. He brushed aside a question about whether the issue will hurt in the conservative portion of the state frequently referred to as “the T.” “I learned Central Pennsylvania values when I worked at a factory – at the Reese’s factory in Hershey. And I went to school in central Pennsylvania,” said Murphy. “And I will tell you: most central Pennsylvanians and the folks across Pennsylvania agree where I do. That if you’re willing to take a bullet to keep our families safe and serve in uniform, you should be able to do-so openly.” A Washington Post/ABC News poll taken at the time of last year’s Congressional vote showed nearly 80 percent of Americans supported the repeal.

(Murphy repeated his line about “learning Central Pennsylvania values at…the Reese’s plant” several times throughout our conversation.)

The Office of the Attorney General hasn’t been kind to Democrats: Republicans have held the post ever since it became an elected position in 1980. Murphy is the first high-profile candidate to enter the race. No Republicans have announced a run, and Corbett’s pick to fill out his term, assistant U.S. Attorney Linda Kelly, has promised not to run in 2012.

Proposed Changes to Gaming Investigative Duties

Legislation has been introduced to move the Bureau of Investigations and Enforcement (BIE) from the Gaming Control Board to the Pennsylvania State Police.
The BIE conducts background checks on casino license applicants, among other duties. Republican State Representative Ronald Marsico of Dauphin County says he introduced the bill in part because of past actions of the Gaming Control Board.
"I guess it was back in 2008. There were some problems with the Gaming Control Board and its inability to access appropriate criminal background information concerning license applicants, and these issues have cast a cloud over Pennsylvania's gaming industry."
Marsico says that the State Police have already expressed willingness to take on the responsibilities and while it would expand their current budget it would only do so by a little.

This comes after a similar bill was introduced in March by Republican Representative Mike Vereb to have the BIE moved to the Attorney General's Office. The Attorney General supported the legislation but conceded the switch would take time and money.

Marsico says that he would be fine with either the Attorney General or State Police taking over the duties as long as it was out of the Gaming Control Board's hands. He says that he will soon ask the Chair of the House Gaming Oversight Committee to move the bill to hearings or a vote.

Legislature Considers Shifting Gaming Investigative Duties

Pennsylvania’s acting Attorney General supports a bill moving an investigative unit from the Gaming Control Board to his department, but tells lawmakers the transition would be difficult.

The measure, which has passed the House, would move the Bureau of Investigations and Enforcement (BIE) into the Attorney General’s office. The unit conducts background checks on casino license applicants, among other duties.

Acting AG Bill Ryan told the Senate Appropriations Committee it makes sense to move BIE to his department or the State Police, but conceded the switch would take time and cost money. “To me, and this is my opinion, it would best be done from the ground up,” he said. “I honestly don’t know, Senator, if we could just graft what’s there to our office. I see a lot of issues that could be problematical if that was done.”

The Gaming Control Board says the transition would cost 2 million dollars. Sponsor Mike Vereb, a Republican, is skeptical of the estimate. “They are saying that’s because of computer systems and hardware,” he said. “Let it be known that there is no independent assessment of how much this would cost. We’d have to cut bureaucracy out, and one would think that if we couldn’t cut that at least in half, we could eliminate a better part of it.”

Meantime, confirmation hearings for Ryan’s potential successor, Linda Kelly, will likely be held in April. A vote could come in April or May, according to Senate Republican spokesman Erik Arneson. Kelly needs the support of 2/3 of lawmakers to be confirmed.

U.S. Attorney General Speaks at Duquesne

Focusing on the importance of public service in legal practice, United States Attorney General Eric Holder gave the keynote address at the Duquesne University School of Law’s centennial anniversary today.

Holder says every law school graduate should have the opportunity to work in the public sector for at least part of his or her career. He says that would help America adhere even more faithfully to its “founding documents.”

The Attorney General also spoke about his tenure leading the Department of Justice, highlighting the emphasis on national security.

“The Department [of Justice] has responsibility as a civil division, an environmental and natural resources division, an anti-trust division, a criminal division, a tax division,” says Holder, “but I think I spend probably maybe 60 or 70% of my time on national security, whether it’s dealing with threats from al-Qaeda [or] dealing with problems in Mexico with the drug cartels.”

Holder says the main funding source for those drug cartels is the sale of marijuana in the U.S., which is the major reason he’s against legalizing the drug. However, Holder says he won’t use his Department’s limited resources trying to fight medical marijuana use.

Holder didn’t comment on the Obama administration’s decision to drop support for the 1996 Defense of Marriage Act, which prevented the federal government from recognizing same-sex marriage.

Listen to Holder's Address here.

Listen to the Q and A following the address here.

Corbett Hopeful for Quick Confirmation

Governor Tom Corbett has tapped an Assistant United States Attorney from Allegheny County to replace him as Attorney General for Pennsylvania.
Corbett has known Linda Kelly since 1976, when they served together as assistant district attorneys.
Kelly graduated from the University of Pittsburgh and Duquesne University School of Law, and has been at the US Attorney’s office since 1980.

"I have, I would say, extensive trial experience, where I’ve tried cases from the most mundane to the most serious. So my experience runs from someone being in the trenches."

Corbett says he’s confident Kelly’s confirmation won’t drag out for months, like his did when he was appointed to fill out an A-G term in 1995.

"I’ve had good conversations with Senator Scarnati, Senator Pileggi and Senator Costa. Talked with them yesterday about who I was nominating. And I would hope that we’d be able to move this along as swiftly as possible."

Kelly will need the support of 2/3 of the Senate. Majority Leader Dominic Pileggi says she’s “eminently qualified” to serve as A-G.
Following custom, Kelly is promising not to run for reelection. She’d be Pennsylvania’s first female attorney general since 1961.
Among her responsibilities would be continuing the high-profile investigation of state lawmakers Corbett began in 2007.

Pittsburgh Lawyer Tabbed for Attorney General

Pennsylvania Gov. Tom Corbett has nominated a longtime federal prosecutor from Pittsburgh to serve out the remaining 23 months of his term as Attorney General. Linda Kelly, 61, will succeed Corbett as the state's top law enforcement officer if she is confirmed by at least a two-thirds vote of the Pennsylvania Senate. Since Corbett resigned as Attorney General Jan. 18, his former top deputy Bill Ryan has run the office.

Kelly has been a prosecutor for more than 30 years starting as an assistant District Attorney for Allegheny County and then serving in the U.S. Attorney's office in Pittsburgh since 1980.

“I know from my personal experience that throughout her career she has consistently demonstrated good judgment, common sense and has the experience to successfully lead the Attorney General’s office,” Corbett said.

Kelly says she's excited about a new and challenging endeavor.

“I am honored and humbled by Gov. Corbett’s confidence in me and I look forward to working with the men and women of the Attorney General’s office.

U.S. Attorney for Western Pennsylvania David Hickton called Kelly and exceptional person and outstanding lawyer.

"Linda is extremely bright; she possesses outstanding judgment; and she would be an excellent Attorney General for the citizens of the Commonwealth of Pennsylvania."

Following the tradition of other nominees for attorney general, Kelly has promised not to run when the post comes up for election in 2012.

Allegation of Perjury During Intelligence Gathering Hearing

A Republican Senator says witnesses may have lied under oath during fall hearings on the state Office of Homeland Security’s controversial intelligence gathering contracts.
The Senate Veterans Affairs and Emergency Preparedness Committee held two hearings looking into the information the Institute of Terrorism Research and Response gathered on political groups across the state.
Republican Chairwoman Lisa Baker says the hearings have raised some concerns, and she’s asking the Attorney General’s office to take a look at them.

"The possibility that untrue testimony may have been given under oath. The possibility that records may have been improperly destroyed. Those are things that I think shouldn’t be casually waived off, just because of the waning days of an administration."

However, Baker isn’t saying who may have lied or destroyed evidence.
Witnesses included Rendell’s Chief of Staff, Steve Crawford, Homeland Security Director James Powers, Pennsylvania Emergency Management Agency Director Robert French, and ITRR executive Mike Perelman.
The Rendell Adminstration isn’t commenting on Baker’s letter to Attorney General Tom Corbett.
A spokesman says the Attorney General is “reviewing” the issue.

Corbett Might Reduce Involvement in Legislative Corruption Probe

Pennsylvania Governor-elect Tom Corbett says he may step away from his ongoing legislative corruption investigation, as he prepares to take office in January.
Corbett has named eight people to a transition team. The list is mostly made up of longtime Republican insiders, and members of Corbett’s gubernatorial campaign.
Corbett won’t step down as Attorney General until just before the inauguration, and says he’ll keep working at his current job over the next few months.

"The day-to-day work of the Attorney General’s office that comes to my desk in the normal course will continue to come to my desk. I am going to sit down with my first deputy to talk about the status of the bonus investigation, and make a determination about my role with that, after the discussion."

A spokesman says Corbett may remove himself from the legislative corruption probe, due to the fact he’ll be working with lawmakers as Governor-elect.
The Attorney General’s office has filed charges against House Democrats and Republicans, and is now believed to be investigating the Senate Republican caucus.

During a transition press conference Corbett stayed away from making too many new policy announcements. The Republican did say he’d likely overturn Governor Rendell’s moratorium on leasing out more state forest land for natural gas drilling.

"I think it’s 500-thousand acres that are still available. That doesn’t mean all 500-thousand are going to be leased out at one time. Because I see this as something that’s going to go on for decades."


Corbett also named a two-person team charged with raising money for the January 18th inauguration.
The bulk of the event and surrounding celebrations will be privately funded, through individual and corporate contributions.

Corbett to Pick His Successor as A-G

Governor-elect Tom Corbett’s political career received a boost in 1995, when he was appointed Pennsylvania Attorney General by then Governor Tom Ridge.
Now, Corbett will need to select someone to finish out his term as A-G.
Corbett has to hope the appointment process for his replacement goes more smoothly than the confirmation battle he faced 15 years ago.
Senate Democrats held up Corbett’s appointment for three months, questioning his independence from Ridge because Corbett had campaigned for him.
The main political hurdle facing Corbett’s choice is the ongoing legislative corruption investigation, according to political scientist Christopher Borick of Muhlenberg College.

"Whoever gets dropped into this particular position by Governor-elect Corbett will be in the midst of leading a major corruption investigation with the Bonusgate trials. So it’s simply going to be putting someone into the spotlight, because they’re going to carry on the work that Corbett’s done earlier."

Corbett’s spokesman Kevin Harley says the Republican will step down as Attorney General on January 18.

"Governor Corbett will then nominate his replacement, who then needs to be confirmed by 2/3 of the Senate. Once that happens, that person becomes Attorney General. And traditionally, although it’s not required by law, they will not run for a full term. That’s usually a gentleman’s agreement with the Senate."

Chief Deputy Attorney General Bill Ryan will serve as Acting A-G until the replacement is confirmed by two-thirds of the Senate.

Prosecution: Twitter Feed Shows Cott Has No Remorse

An assistant attorney general for Pennsylvania is defending the subpoena his office sent to Twitter, saying the information requested was relevant to Brett Cott’s sentencing.
According to the Office of the Attorney General, the person behind the anti-Tom Corbett blog CasablancaPA isn’t an innocent observer.
A sentencing memorandum claims Brett Cott, who will serve up to five years in prison for his role in the Bonusgate scheme, has used the site “to deflect blame and deny responsibility for his criminal conduct.”
Deputy Attorney General Marc Costanzo said the subpoena was intended to tie Cott to the website and related Twitter feed.

"The reasons for the subpoena were legal reasons that were allowed by law, and had nothing to do with blogs or tweets that were critical of people. We have no interest in that whatsoever."

Cott’s lawyer, Brian Walk, says there’s no evidence connecting Cott to CasablancaPA.
Walk, says the anti-Tom Corbett blog is irrelevant.

"Did they show any evidence that Brett’s connected to that? Has anybody seen that? Because maybe I missed that. And maybe I missed the repealing of the First Amendment."


Dauphin County Judge Richard Lewis said in court that the site wasn’t a factor in his sentencing decision.
The subpoena was made public hours after Corbett won the Republican gubernatorial nomination.
His opponent, Allegheny County Executive Dan Onorato, says Corbett is “trying to bully [critics] into silence.”

Elected Posts as Stepping Stones

A bill barring Pennsylvania Attorneys General from running for higher office until four years after their term expires has been held up in a House committee.
Philadelphia Democrat Babette Josephs says her bill has nothing to do with Republican Attorney General Tom Corbett’s run for governor
"We want that person to be in a position who has a passion for justice. Not a person who is using that position just in order to move on to something that he or she might consider a better job."

But Corbett spokesman Kevin Harley disagrees...
"The bill is obviously politically-motivated, as it specifically singles out the Attorney General’s office. And you can’t help but wonder if it is an attempt to silence the Attorney General as part of his ongoing public corruption investigation in the Capitol."

Josephs chairs the House State Government Committee. She called a vote on the measure, but cancelled it after Philadelphia Democrat Brendan Boyle voted “no,” telling members “the vote never took place.”
Josephs concedes she didn’t have enough support to get the measure through the Democratic-controlled committee.
She says she’ll tweak the language, and may expand the ban to cover other statewide offices such as Auditor General and Treasurer.
Josephs says she wants officials to focus on their jobs, rather than use them as stepping stones.

Alleged Pain Meds Ring Busted

A Lawrence County physician, accused of being the highest prescriber of pain medication in Pennsylvania, has been arrested along with several of his patients. The Attorney General's office says Dr. Van Edward Scott of New Castle is charged with illegally prescribing massive quantities of pain killers which were then resold on the streets. Authorities say Scott was part of a large scale illegal oxycodone, morphine and fentanyl distribution ring in Beaver, Mercer and Lawrence Counties. According to the grand jury, Scott prescribed nearly 2.2 million doses of pain killers in one year which agents estimate have a street value of at least $50 million.
The grand jury also indicted Scott's patients: Raymond Wigton, Kelley Tritt, Joseph Gura, Carrie Parker, William Kroll, Lucinda McNary and George Mali as traffickers and suppliers of oxycontin, methadone, endocet, percocet, fentanyl and valium.

Rally Targets Corbett

About two dozen protesters gathered outside Attorney General Tom Corbett's office in downtown Pittsburgh on Thursday to ask him to drop the lawsuit filed on behalf of the state to block the new health care legislation in Pennsylvania.

They filled out Consumer Complaint Forms against the Attorney General.

They say the lawsuit will cost the taxpayers $9 million dollars and that Corbett's job is to protect those in the state, not harm them as he would do by blocking access to health care.

The rally was sponsored by several organizations, including Health Care for America Now and Pennsylvania Communities Organizing for Change.

Hoeffel Says Lawsuit is Political

Democratic gubernatorial candidate Joe Hoeffel is attacking Pennsylvania Attorney General Tom Corbett for using an anti-health care lawsuit to score political points.
Hoeffel, a Montgomery County Commissioner who’s positioning himself as the most liberal candidate in the governor’s race, says Corbett’s lawsuit is nothing more than political posturing.

"He’s always struck me as a moderate Republican, and I think he’s desperately afraid of not satisfying the tea-bagging tea partiers. He looks at Sam Rohrer, who’s very sincere in his conservative views, and sees a threat."

Hoeffel thinks the legal challenge will fail....."The courts have repeatedly upheld the commerce clause, which gives Congress to regulate commerce in the state. And they’ve repeatedly upheld the right of the national government to tax American citizens."

However, the 13 attorneys general, who are filing suit, say it's unconstitutional to require Americans to buy anything including health insurance.

Hoeffel criticized the Corbett campaign for using the lawsuit as the basis for a fundraising mailer.
The letter says, “Tom is working to stop the federal government from threatening individual liberties by imposing this mandate…”
It asks for donations of 100, 50 or 25 dollars.
Corbett’s campaign manager, Brian Nutt, defends both the mailing and the lawsuit.
Nutt says Hoeffel, and not Corbett, is the one making a partisan political attack.

"I haven’t seen anywhere where Mr. Hoeffel has challenged Tim Holden, Congressman Tim Holden, or Congressman Jason Altmire, who voted against this bill. But I suppose he hasn’t done that because they’re Democrats and that doesn’t fit his MO of going after a Republican."

Dem Governors Oppose GOP A-G's Suit

Pennsylvania Governor Ed Rendell and his counterparts from Michigan, Colorado and Washington have sent a letter to U.S. Attorney General Eric Holder saying they oppose the lawsuit filed by their attorneys general against the federal health care law signed by the president this week. All 4 governors are democrats and the attorneys general of those states are republicans. Attorneys general from 13 states are challenging the constitutionality of the health care law. The governors told Holder they'll "stand by your efforts to protect" the new health care law.

Corbett Pleased With Veon Verdict

Pennsylvania Attorney General Tom Corbett is pushing back against criticism that former House Democratic Whip Mike Veon and two former aides were only convicted on a handful of the 139 counts they faced.
Mike Veon was convicted on just 14 of the 59 counts he faced, but Corbett says that’s a misleading figure.
Corbett explains prosecutors filed four duplicative theft charges in each of the 11 criminal episodes they alleged Veon took part in.

"There can only be one theft, and the jury had to decide which one it is. Technically a jury could decide, well it’s all four. But for the purposes of sentencing they would have been merged together and only sentences under one count."

Veon, who was convicted for seven different episodes, faces up to 73 years in jail.
Annamarie Peretta-Rosepink’s maximum sentence is 25 years, while Brett Cott’s is 17.
Corbett says he expects all three will serve time. The legislative corruption investigation is ongoing.
Corbett says there’s “a potential” for more arrests, but wouldn’t provide any specific details.

PA A.G. Corbett To Join Suit Against Health Care Bill

Pennsylvania Attorney General Tom Corbett plans to join in a lawsuit questioning the constitutionality of a federal health care overhaul President Obama will sign into law this morning.
Republican governors and attorneys general from at least ten states are putting together a lawsuit challenging the legality of the health care bill, a measure President Obama says will provide coverage for more than 32 million uninsured Americans.
Corbett’s office says Pennsylvania will join in the suit.
Governor Rendell says those efforts are a waste of time.

"Idaho can’t have its own passport system. Idaho can’t have its own immigration rules. There can’t be different immigration rules in California and Arizona. Once the federal government acts in an area, they act for all of us. That’s the federal supremacy clause. So it’s a waste of taxpayer’s money, and it is nothing more than political grandstanding."

State Representative Curt Schroder supports the suit.

"What happened in Washington, DC – for the first time ever, the United States Congress and the president have decreed that individual Americans must purchase a product simply by being an American. Simply by residing in this country."

Schroder has introduced an amendment to the Pennsylvania constitution that would nullify the bill’s health care mandates within the commonwealth’s borders.
Virginia has already passed a similar measure

Budget to Trim Attorney General's Office

Pennsylvania Attorney General Tom Corbett says he’ll be forced to lay off 32 employees, if Governor Ed Rendell’s proposed budget for his department goes into effect.
Rendell’s budget would trim the Office of the Attorney General’s state spending by one percent, to 85 million dollars.
That’s nine million dollars below the department’s 08-09 budget. Nearly every line item, including the Child Predator Interception Unit, the Joint Local-State Firearm Task Force and Tobacco Law Enforcement, would see a slight reduction.
Appearing before the Senate Appropriations Committee to discuss the budget, Attorney General Tom Corbett argued his department is far from a money drain, when it comes to state revenue.

"We basically pay for ourselves with the money we bring in through consumer protection, the money we save in the civil lawsuits that we defend on behalf of the state of Pennsylvania, the money we get in from the antitrust actions and the multi-state actions. We bring in as much as we cost you."

Corbett says his department has 55 fewer staffers than when he became Attorney General.
Corbett is hoping to set next year’s budget himself – he’s the frontrunner in the Republican gubernatorial primary.