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Pa. Attorney General Kane Asks State's High Court To Upend Prosecutor Investigating Her

By Pat Loeb

PHILADELPHIA (CBS) -- The Pennsylvania Supreme Court this morning heard arguments in a case that could determine the political and personal future of Pennsylvania attorney general Kathleen Kane, who is challenging a grand jury empaneled to investigate her for allegedly leaking documents from a previous grand jury.

Who can empanel a grand jury, and why?  Those are the questions Kathleen Kane is asking the court to decide.

After this morning's court session, she thinks the arguments on her behalf went pretty well.

"I'm cautiously hopeful, and I'm very grateful the court took the time to listen to this case for me and for Pennsylvania," Kane told reporters.

Kane is the target of a grand jury empaneled by a special prosecutor who was appointed by a Montgomery County judge.  Her attorney argued that the judge did not have the power to appoint a special prosecutor.

The special prosecutor, Thomas Carluccio, representing himself at today's proceeding, argued that the judge did have that power, and if Kane disagreed she had ten days to challenge his appointment, which was last May.

He says Kane is acting now because she doesn't like the outcome.

The grand jury has reportedly recommended charges against Kane.  If the court rules with her, those charges would be moot.  If it rules against her, the Montgomery County district attorney would decide whether to press those charges.



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