Deputies testify before Senate committee on AG Kane's status

HARRISBURG, Pa. -- Kathleen Kane's top deputies were sworn in on Wednesday, subpoenaed by a special committee in Harrisburg deciding if there is reason to recommend removing Kane from office.

With a suspended license, Kane cannot practice law. Committee members were told on Wednesday critical, legal decisions are currently not being made by Kane, but by her first deputy - a task he has assumed.

"As based on the reading and management of both the Pennsylvania constitution and the Commonwealth's Attorneys Act," said First Deputy Attorney General Bruce Beemer.

The staffers said they have had little contact and no interference with Kane, admitting they are not certain where or when she works.

Attorneys with suspended licenses are apparently not suppose to hold themselves out as lawyers. Senator's wondered why Kane is still issuing press releases under the attorney general's letterhead.

Staffers testified their primary worry is external challenges including defense attorneys asking courts to dismiss actions because the AG's office lacks jurisdiction given Kane's lack of a license.

"The decisions involving this matter are novel. Nobody has decided this situation before. We're not aware of this happening anywhere else in the country," said Executive Deputy Attorney General James Donahue.

Beemer said the worst case scenario for him is a violent offender with high bail released because of such a challenge.

"That person would be released, even if it was in the short term, until we could address that issue. That is what I would call a sort of nuclear scenario," said Beemer. "We pray that does not happen."

The committee has until Nov. 25 to make its recommendation. In addition to hearing from Kane's top staff members, it heard from district attorneys and legal experts.

One critical player the committee did not hear from is Kane.