### IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT IN RE: THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY PETITION OF: ATTORNEY GENERAL KATHLEEN G. KANE : : : : : : No. 175 MM 2014

ORDER PER CURIAM AND NOW, this 26th day of August, 201 5, upon the request of the supervising judge for removal of the seal from all matters involving the 35th 

### Statewide Investigating Grand Jury and the investigation of Attorney General Kathleen Kane which have been lodged in this Court, save for grand jury materials such as testimony, exhibits, and in camera proceedings, and based on the supervising judge’s assurance that there are no present grand jury secrecy concerns relative to such unsealing, it is hereby ORDERED that the seal is lifted upon such terms.M.D. Misc. Dkt. 175 MM 2014



### IN THE SUPREME COURT OF PENNSYLVANIA HARRISBURG DISTRICT

IN RE: THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYLVANIA NO.176 M.D. MISC.DKT.2012 MONTGOMERY COUNTY COMMON PLEAS M.D.2644-2012 EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF FILED 11/13/2014 Supreme Court Middle District



### ATTORNEY GENERAL KATHLEEN G.KANE'S EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF

Minora, Minora,Colbassani, Krowiak,Mattioli & Munley Allah M.Minoru,Esq. Attorney ID: 22703 700 Vine Street Scranton,PA 18510 Attorneyfor Attorney General Kathleen G. Kane
Winston & Strawn,LLP Gerald L. Shargel,Esq. 200 Park Avenue New York,NY 10166 Attorney Pro Hac Vicefor Attorney General Kathleen G. Kane



## ReCelvedinSupremeCourt NOV 13 2014 

# Middle UNSEALED PER

ORDER OF THE COURT DATED AUGUST 26, 2015

### IN THE SUPREME COURT OF PENNSYLVANIA HARRISBURG DISTRICT IN RE: THE THIRTY-F1VE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYLVANIA NO.176 M.D. MISC.DKT.2012 MONTGOMERY COUNTY COMMON PLEAS M.D.2644-2012 NOTICE OF EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF

EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF Attorney General Kathleen G.Kane,by and through her counsel,Amil M.Minora,Esq., hereby submits an Emergency Application for Extraordinary Reliefto (I)quash the submission initiating a grand jury investigation into an alleged "leak" ofinformation from afive-year-old investigation,and the subpoena issued for her appearance and testimony; and (11)to vacate the related protective order. 1. This Court has the authority to entertain this application pursuant to the Section 3309 of the Pennsylvania Rules ofAppellate Procedure; Section 726 ofPennsylvania's Judiciary and Judicial Procedure (42 Pa.C.S. § 726); and Kings Bench Power. 2. The annexed Attorney Verification and Memorandum ofLaw are respectfully submitted in support ofthis Application. 3. Due to the confidential subject matter ofthis Application,much ofwhich is subject to a protective order,we respectfidly request that this Application be filed under seal. A separate motion to file under seal is appended to this Application.

### Minora,Minora,Colbassani, Krowiak,Manion & Munley 

# etma / Amt. Amil M.Minora,Esq. Attorney for Attorney General Kathleen G.Kane Attorney ID: 22703 700 Vine Street cranton,PA 18510 (570)961-1616
Winston & Strawn,LLP 6r.d.a./ Alioa Ar Gerald L. Shargel,Esq. Attorney Pro Hac Vice for Attorney General Kathleen G.Kane 200 Park Avenue New York,NY 10166 (212)294-2637
Dated: November 12,2014 New York,New York
To: Clerk ofCourt Thomas E.Carluccio SpecialProsecutor

### IN THE SUPREME COURT OF PENNSYLVANIA HARRISBURG DISTRICT IN RE: THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYLVANIA NO.176 M.D. MISC.DKT.2012 MONTGOMERY COUNTY COMMON PLEAS M.D.2644-2012 EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF PROOF OF SERVICE

I hereby certify that I am this day causing the service ofthe foregoing Emergency Application for Extraordinary Reliefupon the persons and in the manner indicated below,which satisfies the requirements ofPa. R.A.P. 121: Service by Federal Express addressed as follows: Thomas E.Carluccio Special Prosecutor (484)674-2899 Law Office ofThomas E.Carluccio 1000 Germantown Pike,Suite D-3 Plymouth Meeting,PA 19462
Date:November 12,2014 Minora,Minora,Colbassani, Krowiak,Mattioli & Munley 

# a4A;If 40.4044fiA4 Arnil M.Minora,Esq. Attorney for Attorney General Kathleen G.Kane Attorney ID 22703 700 Vine Street Scranton,PA 18510 (570)961-1616 

# WadinSuprnmoCourt 

## NOV 1 3 ZOill 

# Middle

### IN THE SUPREME COURT OF PENNSYLVANIA HARRISBURG DISTRICT IN RE: THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYLVANIA NO.176 M.D. MISC.DKT.2012 MONTGOMERY COUNTY COMMON PLEAS M.D.2644-2012 MOTION TO FILE EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF UNDER SEAL ATTORNEY VERIFICATION

I,Amil M.Minora,Esq.,hereby verify the following: 1. I am an attorney duly admitted to practice in Pennsylvania and before this Court. 2. My office, Minora,Minora,Colbassani,Krowiak,Mattioli & Munley is located at 700 Vine Street Scranton,PA 18510. 3. I represent Attorney General Kathleen G.Kane in this matter,and as such,am fully familiar with the facts and circumstances ofthis case. 4. This Verification is respectfully submitted in support ofAttorney General Kane's motion to file the enclosed Emergency Application for Extraordinary Reliefunder seal. 5. I hereby state that the facts set forth in this motion are true and correct (or are true and correct to the best ofmy knowledge,information and belief)and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein
are rnade subject to the penalties of 18 Pa. C.S. § 4904.

### Dated: November 12,2014

New York,New York Minoru,Minora,Colbassani, Krowiak,Mattioli & Munley 

# etod Ott 

### Amil M.Minora,Esq. Attorneyfor Attorney GeneralKathleen G. Kane Attorney ID: 22703 700 Vine Street Scranton,PA 18510 (570)961-1616

## Nov. 14. 2014 10:54AM • No. 2875 P. 3

* ) frlt .1 .Mino ; q. Min• . Minora,Colbassani,

Mattia 'r lunley

Attorney for Attorney General Kathleen G.Kane Attorney ID:22703 700 Vine Street Scranton,PA 18510 (570)961-1616
Winston & Strawn,LLP

.S Gerald L.Shargef

llf Attorney Pro Ilac Vice for Attorney General Kathleen G.Kane 200 ParkAvenue New York,NY 10166 (212)294-2637
Dated: November 12,2014 New York,

New York
To: Clerk ofCourt

.Thomas E.Carhiccio SpecialProsecutor

## Nov. 14. 2014. 10:54AM No. 2875 P. 4

Dated:November 12,2014 CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL

Mii Minora,Colbassani,

uiley
Amil M.Minora, Attorney for Attorney GeneralKathleen G.Kane Attorney ID:22703- 700 Vine Street Scranton,PA 18510 (570)961-1616
Winston & Strawn,LLP 

# 1,‘A Gerald L.Shargel, q. Attorney Pro Hoc Vice for Attorney General Kathleen G.Kane 200-Park Avenue New York,NY 10166 (212)294-2637

14

## Nov. 14. 2014 10:54AV No, 2875 P. 5

Mì 1 i i a,Minora,Colbassani, "ak, Mattioli unley
M.Mino , sq. Attorney forAtto ey GeneralKathleen G. Kane Attorney 10:22703 700 Vine Street Scranton,PA 18510 (570)961-1616 Winston& Strawn,LLP 6>e4cif .

51 1,• 4 

### Gerald L.Shargel,Esq. Attorney ProHoe Vicefor AttorneygeneralKathleeh G.Kane 200 Park Avenue New York,NY 10166 (212)294-2637 Dated: November 12,2014

New York,New York

. To: Clerk ofCourt

ThomasE.Carluccio SpecialProsecutor 

# (g-A4

## Nov. 14. 2014 10:54AM \10. 2875 P. 6

Dated: November 12,2014 New York,New York

,Minora,Colbassani,

,Mattioli unley
mi M.Miner6

- Esq. Attorney forAttorney GeneralKathleen G.Kane Attorney ID:22703 700 Vine Street Scranton,PA 18510 (570)961-1616

## Nov 1 4. 2014 10 54AM No. 2875 P. 7

Dated: Novernber 12,2014 New York,New York Mino Kr Colbassani,



### Mattioli unlv
Ami M.Mino „E q. AttorneyforAttorney GeneralKathleen G.Kane Attorney ID:22703 700 Vine Street Scranton,PA 18510 (570)961-1616

## Nov. 14, 2014 10:54AM No, 2875 P. 8

Debra McCloskey Todd Pennsylvania Supreme Court Justice 301 GRANT ST STE 3130 PITTSBURGH ,PA 15219-6401 United States 412-565-2680 Max Baer Pennsylvania Suprerne Court Justice 301 GRANT ST STE 2525 PITTSBURGH ,PA 15219-6415 United States 412-467-2220 J,Michael Eakin Pennsylvania Supreme Court Justice 4720 OLD GETTYSBURG RD STE 405 MECHANICSBURG ,

PA 17055-8419 United States 717-731-0461 Thomas G.Saylor Pennsylvania Supreme Court Justice 200N 3RD ST FL 16 HARRISBURG ,

PA 17101-1590 United States 717-772-1599
Date:November 13,2014 Minora,Minora,Colbassani, Kro7ak,Mattioli &Munley

mil M.ivlin.ra, sq. Attorney for Attorney General Kathleen G.Kane Attorney ID 22703 700 Vine Street Scranton,PA 18510 (570)961-1616

2

## • Nov. 14. 2014 10:54AM No.2875 P. 9

Debra McCloskey Todd Pennsylvania Supreme Court Justice 301 GRANT ST STE 3130 PITTSBURGH ,PA 15219-6401 United States 412-565-2680 Max 13aer Pennsylvania Supreme Court Justice 301 GRANT ST STE 2525 PInSBURGI-1 ,PA 15219-6415 United States 412-467-2220 J. Michael Eakin Pennsylvania Supreme Court Justice 4720 OLD GETTYSBURG RD STE 405 MECHANICSBURG ,

PA 17055-8419 United States 717-731-0461 Thomas G.Saylor Pennsylvania Supreme Court Justice 200N 3RD ST FL 16 HARRISBURG ,PA 17101-1590 United States 717-772-1599 Date:November 13,2014 Minora,Minora,Colbassani, Krow. k Mattioli & Munley

Am M.Minora, q, Attorney forAttorney General Kathleen G.Kane Attorney ID 22703 700 Vine Street Scranton,PA 18510 (570)961-16163 1 1/13/2014 4:35 PM CT Fax Services •>Sunrethe Court Prothonotary D 2 

# /

IN RE: IN THE SUPREME COURT OF PENNSYLVANIA HARRISBURG DISTRICT

THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYINANIA NO.176 M.D. MISC.DKT.2012 MONTGOMERY COUNTY COMMON PLEAS M.D. 2644-2012 MOTION TO FILE EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF UNDER SEAL AMENDED PROOF OF SERVICE

hereby certify that, on November 12,2014,I caused the service ofthe Motion to File Emergency Application for Extraordinary Relief Under Seal upon the persons and in the manner indicated below,which satisfies the requirements ofPa.R.A.P. 121: Service by Federal Express addressed as follows: Thomas E.Carluecio Special Prosecutor (484)674-2899 Law Office ofThornas E. Carluccio 1000 Germantown Pike, Suite D-3 Plymouth Meeting,PA 19462 Ronald D.Castille ChiefJustice Pennsylvania Supreme Court 1818 MARKET ST STE 3730 PHILADELPHIA ,PA 19103-363 .9 United States 215-560-5663 Corrcalc F. Stevens Pennsylvania Supreme Court Justice 10 FOX RUN RD DRUMS ,PA 18222-2155 United States 570-788-2897 

## Received inSupremeCourt NOV 1 4 2014 

# iddle11/13/2014. 4:35 PM CT Fax Services .3 SUAVe COurt Prothonotary Ci 3



### Debra McCloskey Todd Pennsylvania Supreme Court Justice 301 GI-LANT ST STE 3130 PITTSBURGH ,PA 1 521 9-6401 United States 412-565-2680 Max Baer Pennsylvania Supreme Court Justice 301 GRANT ST STE 2525 PITTSBURGH ,PA 15219-6415 United States 412-467-2220 J. Michael Eakin Pennsylvania Supreme Court Justice 4720 OLD GETTYSBURG RD STE 405 MECHANICSBURG ,PA 17055-8419 United States 717-731-0461 Thomas G. Saylor Pennsylvania Supreme Court Justice 200 N 3RD ST FL 16 HARRISBURG ,

PA 17101-1590 United States 717-772-1599 Date:November 13, 2014 Minora,Minora,Colbassani, Krowiak,Mattioli & Munley 

# o-i_r e v Amil M.Minora,Esq. Attorney for Attorney General Kathleen G.Kane Attorney ID 22703 700 Vine Street Scranton,PA 1 8510 (570)961-1616

## a 11/13/2014 4:35 PM CT Fax Services .3 Supreme Court Prothonotary 04



### IN RE: IN THE SUPREME COURT OF PENNSYLVANIA HARRISBURG IHSTRICT

THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENINSYLVAN1A NO.176 M.D. MISC.DKT.2012 MONTGOMERY COUNTY COMMON PLEAS M.D.2644-2012 EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF AMENDED PROOF OF SERVICE

1 hereby certify that, on November 12,2014,1 caused the service ofthe Emergency Application for Extraordinary Reliefupon the persons and in the rnanner indicated below,which satisfies the requirements ofPa.R.A.P. 121: Service by Federal Express addressed as follows: Thomas F. Carluccio Special Prosecutor (484)674-2899 Law Office ofThomas E.Carluccio 1000 Germantown Pike, Suite D-3 Plymouth Meeting,PA 19462 Ronald D.Castille Chiefjustice Pennsylvania Supreme Court 1818 MARKET ST STE 3730 PHILADELPHIA ,PA 19103-3639 United States 215-560-5663 Correale F. Stevens Pennsylvania Supreme Court Justice 10 F()X RUN RD DRUMS ,

PA 18222-2155 United States 570-788-2897

1 

## ReceivedinSupremeCourt 

## NOV 1 4 2014 

# Middle

### 3 11/13/2014 4:35 PM CT Fax Services -> Supreme Court Prothonotary 12 5



### Debra McCloskey rodd Pennsylvania Supreme Court Justice 301 GRANT ST STE 3130 PITTSBURGH ,PA 15219-6401 United States 412-565-2680 Max Baer Pennsylvania Supreme Court Justice 301 GRANT ST STE 2525 PIF1SBURGH PA 15219-6415 United States 412-467-2220 J. Michael Eakin Pennsylvania Supreme Court Justice 4720 OLD GETTYSBURG RD STE 405 MECHANICSBURG , PA 17055-8419 United States 717-731-0461 Thomas G. Saylor Pennsylvania Supreme Court Justice 200N 3RD ST FL 16 HARRISBURG ,PA 17101-1590 United States 717-772-1599

Date:November 13,2014 Minora,Minora,Colbassani, Krowiak,Mattioli & Munley •

IX{ g,,vt 

### Arnil M.Minora, Esq. Attorney for Attorney General Kathleen G.Kane Attorney ID 22703 700 Vine Street Scranton,PA 18510 (570)961-1616

2M.D. Misc. DKt.

175 MM 2014 

### IN THE SUPREME COURT OF PENNSYLVANIA HARRISBURG DISTRICT IN RE: THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYLVANIA NO.176 M.D. MISC.DKT.2012 MONTGOMERY COUNTY COMMON PLEAS M.D.2644-2012 FILED 11/13/2014 Supreme Court Middle District


### NOTICE OF MOTION TO FILE EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF UNDER SEAL

MOTION TO FILE UNDER SEAL Attorney General Kathleen G.Kane,by and through her counsel,Amil M.Minora,Esq., hereby moves to file the enclosed Emergency Application for Extraordinary Reliefunder seal. 1. Attorney General Kane's Emergency Application for Extraordinary Reliefrequests that this Court (I)quash the submission initiating a grand jury investigation into an alleged "leak"ofinformation from a five-year-old investigation,and the subpoena issued for her appearance and testimony; and (II)to vacate the related protective order. 2. Most,ifnot all, ofthe facts supporting the Application are highly confidential and subject to a protective order. As such,Attorney General Kane respectfully requests that the Application be filed under seal. 3. The annexed Attorney Verification is respeetffilly submitted in support ofthis Application. 

## Received InSupremeCourt NOV 1 3 2014 

# Middle UNSEALED PER ORDER

OF THE COURT DATED AUGUST 26, 2015

### Minora,Minora,Colbassani, Krowiak,Mattioli & Munley

Mmo le, Ar Amil M.Minora,Esq. Attorneyfor Attorney GeneralKathleen G. Kane Attorney ID: 22703 700 Vine Street Scranton,PA 18510 (570)961-1616 Winston & Strawn,LLP •241/ /19Alc Gerald L.Sharg

i 71:eq. Attorney Pro Hac Vicefor Attorney GeneralKathleen G. Kane 200 Park Avenue New York,NY 10166 (212)294-2637
Dated: November 12,2014

New York,New York To: Clerk ofCourt

Thomas E. Carluecio SpecialProsecutor

### IN THE SUPREME COURT OF PENNSYLVANIA HARRISBURG DISTRICT IN RE: THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYLVANIA NO.176 M.D. MISC.DKT.2012 MONTGOMERY COUNTY COMMON PLEAS M.D.2644-2012 MOTION TO FILE EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF UNDER SEAL PROOF OF SERVICE

I hereby certify that I am this day causing the service ofthe foregoing Motion to File Emergency Application for Extraordinary ReliefUnder Seal upon the persons and in the manner indicated below,which satisfies the requirements ofPa.R.A,P, 121: Service by Federal Express addressed as follows: Thomas E.Carluccio Special Prosecutor (484)674-2899 Law Office ofThornas E.Carluccio 1000 Germantown Pike,Suite D-3 Plymouth Meeting,PA 19462
Date:November 12,2014 Minora,Minora,Colbassani, Krowiak,Mattioli & Munley 

## 666j .14'.44 /Atilt Amil M.Minora,Esq. Attorney for Attorney General Kathleen G.Kane Attorney ID 22703 700 Vine Street BMW

## inSupreme Court Scranton,PA 1,8510 (570)961-1616 

## NOV 1 3 2,014 

# Middle

### IN THE SUPREME COURT OF PENNSYLVANIA HARRISBURG DISTRICT IN RE: THE THIRTY-F1VE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYLVANIA NO.176 M.D. MISC.DKT.2012 MONTGOMERY COUNTY COMMON PLEAS M.D.2644-2012 EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF ATTORNEY VERIFICATION

I,Amil M.Minoru,Esq.,hereby verify the following: 1. I am an attorney duly admitted to practice in Pennsylvania and before this Court. 2. My office,Minoru,Minoru,Colbassani,Krowiak,Mattioli & Munley is located at 700 Vine Street Scranton,PA 18510. 3. I represent Attorney General Kathleen G.Kane in this matter,and as such,arn fully familiar with the facts and circumstances ofthis case. 4. This Verification is respectfully submitted in support ofAttorney General Kane's Emergency Application for Extraordinary Relief, 5. I hereby state that the facts set forth in this motion are true and correct (or are true and correct to the best ofmy knowledge,information and belief)and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein
are made subject to the penalties of 18 Pa. C.S, § 4904.

### Dated: November 12,2014

New York,New York Minora,Minora,Colbassani, Krowiak,Mattioli & Munley ado, Mkir Amil M.Minora,Esq. Attorneyfor Attorney GeneralKathleen G, Kane Attorney ID: 22703 700 Vine Street Scranton,PA 18510 (570)961-1616M.D. Misc. Dkt.

175 MM 2014 

### IN THE SUPREME COURT OF PENNSYLVANIA HARRISBURG DISTRICT

IN RE: THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYLVANIA NO.176 M.D. MISC.DKT.2012 MONTGOMERY COUNTY COMMON PLEAS M.D.2644-2012 EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF MEMORANDUM OF LAW FILED 11/13/2014 Supreme Court Middle District



### ATTORNEY GENERAL KATHLEEN G.KANE'S MEMORANDUM OF LAW IN SUPPORT OF HER EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF

Minora, Minora,Colbassani, Krowiak,Mattioli & Munley Arnil M.Minora,Esq. Attorney ID: 22703 700 Vine Street Scranton,PA 18510 Attorneyfor Attorney General Kathleen G. Kane Winston & Strawn,LLP Gerald L. Shargel, Esq, 200 Park Avenue New York,NY 10166 Attorney Pro Hac Vicefor Attorney General Kathleen G. Kane



# WaivedInSupremoCourt NOV 1 3 2014 

# Middle UNSEALED PER ORDER OF THE COURT DATED AUGUST 26, 2015

### CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT
IN RE: EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYLVANIA NO.176 M.D. MISC.DKT.2012 MONTGOMERY COUNTY COMMON PLEAS M.D.2644-2012

Emergency Application for Extraordinary ReliefPursuant to Pa.R.A.P.3309,42 Pa.C.S. § 726 and Kings Bench Power MEMORANDUM OF LAW INTRODUCTION This memorandum is respectfully submitted in support ofAttorney General Kathleen G. Kane's Emergency Application for Extraordinary ReliefPursuant to Pa.R.A.P. 3309,42 Pa.C.S. § 726 and Kings Bench Power:(I)to quash the submission initiating a grand jury investigation into an alleged "leak" ofinformation from a five-year-old investigation,and the subpoena issued for her appearance and testhnony;and (II)to vacate the related protective order. This is "an issue ofimmediate public importance," and we respectfully request that this Court "cause right and justice to be done," See 42Pa.C.S. § 726. Attorney General Kane is being prevented from protecting the people ofthe Commonwealth ofPennsylvania,carrying out the duties ofher Office,and removing criminals from positions ofpower solely by the machinations oftwo individuals.

### CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL Two former employees ofthe Office ofAttorney General — Frank Fina and E.Marc Costanzo — corruptly manufactured this grand jury investigation to protect their own jobs and reputations. For years,Fina and Costanzo had viewed and distributed pornographic, misogynistic,racist,obscene and offensive emails using their state-owned computers. Attorney General Kane had uncovered those emails,and was set to release them to the public. Faced with their imminent personal and professional disgrace and desperate to keep their wrongdoing secret, Fina and Costanzo devised a plot to block their obscene emails from being released to the public. They triggered this grand jury investigation,they made materially misleading statements to the court to obtain a protective order,and through their scheming they avoided public exposure. The grand jury proceeding and the related protective order are now preventing Attorney General Kane from investigating and potentially prosecuting Fina and Costanzo. As a result, these two men — peddlers ofpornography and obscenity depositing state paychecks— are allowed to maintain their positions as Assistant District Attorneys in the Philadelphia District Attorney's Office. This is an injustice ofthe highest order that cannot be allowed to stand.2 Frank Fina and E.Marc Costanzo should not be permitted to bury the truth oftheir own gross misconduct by abusing the powers ofthe investigating grand jury. We respectfully submit that the submission initiating this investigation and the subpoena to Attorney General Kane should be quashed,and the protective order vacated,in the interest ofjustice.3

A selection ofthese emails is attached as Exhibit A. 2 

### Numerous state employees have rightfully lost theirjobs based on the emails collected and produced by the Office ofAttorney General. This includes,but is not limited to, Justice Seamus P.McCaffery ofthis Court. See In re: Mr,Justice Seamus P. McCaffery ofthe Supreme Court ofPennsylvania, No.430,Judicial Adrninistration Docket (Castille, J., Concurring Statement). 2

### CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL
STATEMENT OF FACTS Fina and Costanzo's Years ofGross Misconduct For years,former Deputy Attorneys General Frank Fina and E.Marc Costanza abused their positions as state prosecutors and the trust placed in them by the people ofthe Commonwealth ofPennsylvania. They regularly received,viewed,possessed and distributed misogynistic,pornographic,racist, obscene and offense emails on their state-owned computers. A selection ofthese emails is attached as Exhibit A. The emails include,among other things: An email forwarded by Fina attaching pornographic photographs with the subject "New Office Motivation Policy Posters"(Exhibit A at 001); An email forwarded by Fina to an attorney outside the Office ofAttorney General attaching inappropriate images with the inserted comment "My favorite is rainbows," referring to a photograph ofa woman in rainbow-patterned underwear (Exhibit A at 007, 026); An email forwarded by Fina attaching altered nude photographs purporting to be of former Alaska Governor Sarah Palin (Exhibit A at 032); Email correspondence involving Fina referencing "a murder case"on which he was apparently working in his official capacity, and attaching sexually suggestive photographs ofa female tennis player (Exhibit A at 040);

3 

### In the event that the Court cannotfully resolve this Application before November 17, 2014,we request that the Court immediately order a stay ofthe subpoena issued for Attorney GeneralKane's appearance and testimony on that date. 3

### CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL

- An email forwarded by Fina attaching pornographic photographs showing,arnong other things,a woman inserting a banana into her vagina,with the subject "Banana Split" (Exhibit A at 069,083-086); An email received by Fina from "Gregory J Policare,Narcotics Agent,PA Office of Attorney General," attaching a photograph ofa topless woman (Exhibit A at 099, 102);

- An email received by Costanzo with the subject "Hot Ghetto Mess!"containing race- and class-based discriminatory text and attaching racist photographs,including a photograph ofan African American baby holding a rifle (Exhibit A at 103, 145); An email received by Fina and Costanza with the subject "Men in Training"attaching photographs depicting,among other things,a young boy looking into the underwear ofa young girl (Exhibit A at 146, 150);

- An email forwarded to Fina and Costanzo attaching pornographic photographs showing, among other things,a woman inserting a beer glass into her vagina,with the subject "7 XXX Ways to Serve a Man a Drink"(Exhibit A at 157, 163); An ernail forwarded to Fina and Costanzo attaching pornographic photographs showing, among other things,a woman inserting a pacifier into her vagina,with the subject "a New Year's wish for you"(Exhibit A at 166, 178); An email received by Fina and Costanzo attaching an altered nude photograph purporting to be ofPresident Barack Obama and former First Lady Hillary Clinton (Exhibit A at 310);

- An email received by Fina with the subject "Great T-Shirts"attaching, among other things,a photograph ofa young woman wearing a shirt with the slogan "Admit it: You'd Go To Jail For This"(Exhibit A at 375,379). 4

### CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL Exhibit A contains only a small selection ofthe hundreds ofsimilar emails sent and received by Fina and Costanzo from their state-owned computers. ChiefJustice Castille recently described similar emails as "sexually explicit pornographic emails" which are "clearly obscene and may violate the Crimes Code Section on Obscenity[1" In re: Mr.Justice Seamus P. McCaffery ofthe Supreme Court ofPennsylvania, No.430,Judicial Administration Docket (Concurring Statement),at 1.

Attorney General Kane Uncovers Fina and Costanzo's Criminal Conduct In February 2014,newly-elected Attomey General Kathleen Kane set in motion a series ofevents that threatened to expose Fina and Costanza's potentially criminal misconduct. Attorney General Kane had been elected on a platform ofpublic transparency. One of her first acts in office was to review the Jerry Sandusky child sexual-abuse prosecution,to determine why the investigation ofSandusky had suffered through so many delays, Attorney General Kane appointed Professor Geoffrey Moulton on February 4,2013 to lead that review. As part ofthe review,Moulton reviewed emails sent and received by the Office ofAttorney General. In October 2013,the scope ofthe information available to Moulton and his team radically expanded. A Special Agent working on the review devised a process to retrieve emails that had been deleted from the system. Suddenly,Moulton had access to a much larger universe of emails sent and received by employees ofthe Office ofAttorney General. That larger universe included emails that Frank Fina and E. Marc Costanzo believed they had deleted and hidden forever.

5

### CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL Fina Attempts to Conceal His Crimes But Fails When Frank Fina learned that Moulton had obtained access to his previously-deleted emails,he knew that his career was on the verge ofcollapse. The obscene emails he had sent and received from his state-owned cornputer were now in the hands ofProfessor Moulton and Attorney General Kane. In accordance with Kane's policy ofpublic disclosure and transparency, those emails would soon be released to the public. Personally and professionally,Fina would be ruined. Between October 2013 and April 2014,Fina embarked on a campaign to suppress the emails that would rightfully destroy him. He failed. On April 24,2014,Judge Krumenacker denied Fina's request to block the public release ofhis emails.

Fina and Costanzo Scheme to Conceal their Crimes by Abusing the Grand Jury Process The next step in Frank Fina's plot took just over a month to complete, On May 29,2014, he and E.Mare Costanzo secured the appointment ofa Special Prosecutor to investigate Attorney General Kane in connection with an alleged•leak ofgrand jury materials, On September 11, 2014,Attorney General Kane received a subpoena under which she
was ordered to appear as a witness before the Pennsylvania Statewide Investigating Grand Jury "to testify and give evidence regarding alleged violations ofthe laws ofthe Cornmonwealth of Pennsylvania1.1" The subpoena was signed by Supervising Judge William R.Carpenter. It instructed Attorney General Kane to direct any questions abouther appearance to Deputy Attomey General Thomas Carluccio,the Special Prosecutor assigned to the case. Carluccio was charged with investigating whether Attorney General Kane unlawfully disclosed confidential grand jury material. The grand jury material allegedly disclosed was an 6

### CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL internal memorandum about a 2009 grand jury investigation into the finances ofJ. Whyatt Mondesire,the former head ofthe NAACP Philadelphia chapter. At the time ofthe Mondesire grand jury proceedings (beginning and ending in 2009), Attorney General Kane was a stay-at-home mother, She was not involved in any capacity in the Mondesire grand jury proceedings. Accordingly,she took no oath ofsecrecy with regard to those proceedings. Attorney General Kane was not sworn into office until January 15,2013. Fina and Costanzo,both experienced prosecutors,knew that Attorney General Kane could nothave violated the law in connection with the release ofany materials related to the five-year-old Mondesire grand jury investigation. Pursuant to 42 Pa.C,S. § 4549(b),only "a juror,attorney,interpreter, stenographer,operator ofa recording device,or any typist who transcribes recorded testimony ... shall be sworn to secrecy"regarding "matters occurring before the grandjury[1" 42 Pa.C.S. § 4549(b). "All such persons,"and only those persons,pursuant to the statute,"shall be in contempt ofcourt ifthey reveal any information which they are sworn to keep secret." See id. Attorney General Kane therefore could not have violated the law in connection with any disclosure related to the 2009 grand jury proceeding because she was not
sworn to secrecy with regard to that proceeding. See Castellani v. Scranton Times,L.P., 598 Pa, 283,307(Pa, 2008)rOnly the grand jury participants are bound by the oath ofsecrecy" and only they have a duty "to uphold the integrity ofthe grand jury process. [O]nly the individual swearing the oath can violate grand jury secrecy" and it is only that individual "who has the capacity to commita crime."). This legal barrier was immaterial to Fina and Costanzo,because they only required the initiation ofinvestigating grand jury proceedings.

### CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL Fina and Costanzo Make Materially Misleading Statements Under Oath Fina's scheme to preventAttorney General Kane from releasing his obscene emails was nearly complete. He had secured an investigation into the conduct ofthe Office ofAttorney General. But he still needed an Order that would block the release ofhis obscene emails. On August 25,2014,Fina and Costanzo appeared before Judge Carpenter.4 Both Fina and Costanzo provided the Court with materially misleading descriptions ofthe emails that they hoped to conceal from the public,in an effort to secure a protective order barring public release ofthe emails. Instead ofappropriately describing the emails that were uncovered as pornography, obscenity and depravity ofthe highest order,Fina instead told the Courtthat the issue was "personal emails ofmine that had been uncovered during the review ofthe Sandusky case by Geoffrey Moulton," Costanzo described the mails as "personal and private emails that were received by me and others who are current and former members ofthe staff,ofa personal nature." Costanzo continued: "Just so it's clear,the sending and receipt ofpersonal emails was absolutely authorized by the Attorney General. We were permitted to both send and receive emails ofa personal nature with no actual caveats in place in terms oftheir possible dissemination in the future." Neither Fina nor Costanzo offered any true and complete description ofthe emails that they were seeking to keep secret. They did not inform the court that their "private"emails were actually collections ofpornography received and viewed on state-owned computers.

A transcript ofthe appearance was submitted to this Court by Judge Carpenter,in connection with a separate challenge to the protective order by the Office ofAttorney General. 8

### CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL

Fina and Costanza Realize their Corrupt Objective by Obtaining a Protective Order On August 27,2014,the Court issued a protective order based on Fina and Costanza' s materially misleading testimony. (ExhibitB,Order dated August 27,2014.) That order prevented the Office ofAttorney General from releasing the pornographic and obscene emails received by Fina and Costanza on their state-owned computers.5 As a result, it also allowed Fina and Costanzo to keep their jobs as state prosecutors despite having themselves engaged in an ongoing course ofpotentially criminal conduct.

ARGUMENT POINT ONE The Submission Initiating the Grand Jury Investigation and the Subpoena Issued for Attorney

General Kane's Appearance and Testimony Should be Quashed The submission initiating grand jury investigation and the subpoena issued to Attorney General Kane should be quashed because these grand jury proceedings are irreparably tainted. Frank Fina and E. Marc Costanzo subverted the power ofthe investigative grand jury to conceal their own crimes and to preserve their own jobs and reputations. This runs contrary to the most essential safeguards underlying the grand jury process. One ofthe most basic and importantfunctions ofthe grand jury "is to stand between the government and the citizen and thus to protect the latter from harassment and unfounded 5 Specifically,the order directed all employees ofthe Office ofAttorney General to refrain from engaging in,or soliciting,any act ofobstruction,intimidation or retaliation against any witness summoned by the Grand Jury in the Special Prosecutor's Investigation." (Exhibit B, at 2.) The protective order was subsequently modified on September 17,2014 and October 30, 2014,but the above-referenced portion ofthe order remains in effect. 9

### CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL prosecution." United States v. Dionisio, 410 U.S. 19,45 (1973)(Marshall, 7., dissenting). The grand jury maintains this "insulating"function even when acting "in its investigative capacity." Id.

(1962):As ChiefJustice Warren wrote ofthe grand jury in Wood v. Georgia, 370 U.S.375,390
Historically,s

this body has been regarded as a primary security to the innocent against hasty,malicious and oppressive persecution; it serves the invaluable function in our society ofstanding between the accuser and the accused,whether the latter be an individual,minority group,or other,to determine whether a charge is founded upon reason or was dictated by an intimidating power or by malice and personal ill will. In this case,the power ofthe investigating grand jury has been corrupted to serve the criminal ends— the "personal ill will"— ofFrank Fina and E.Marc Costanza Faced with personal and professional ruin,they acted in desperation to avoid the public disgrace that they richly deserve. They were the individuals that instigated this investigation. They did so to further their own unlawful agenda. The power ofthe grand jury,instead ofacting as a "shield to the innocent,"was in this case misused to protect two peddlers ofdepravity from public exposure. Fina and Costanzo's misuse ofthe grand jury is exacerbated by the fact that they knew that no unlawful actcould have been committed •by Attorney General Kane,as a matter oflaw,
as she was never sworn before the 2009 grand jury. She could not have committed any unlawful act ofdisclosure;she had no "capacity to commita crime"under 42Pa.C.S. § 4549(b). See Castellani, 598 Pa.at 307. The fact that Fina and Costanzo subsequently offered materially misleading testimony tin connection with the grand jury proceedings should be sufficient in itselfto justify quashing
10

### CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL submission initiating the investigation. Their sworn testimony on August 25,2015 unquestionably contained material omissions. The emails in question were not "personal" and "private emails that were "authorized"or "permitted"by the Office ofAttorney General. They
were vehicles for transmitting criminal obscenity from state-owned computers. See In re: Mr. Justice Seamus P.McCaffery ofthe Supreme Court ofPennsylvania, No,430,Judicial Administration Docket(Concurring Statement), at 1 (discussing "sexually explicit pornographic emails"which are "clearly obscene and may violate the Crimes Code Section on Obscenity[d"). Under Pennsylvania law,this constitutes at the least false swearing under 18 Pa.C.S. § 4903. Fina and Costanzo initiated the grand jury investigation in this case. Based on their willingness to mislead the court about their own wrongdoing,there can be no confidence in the truth or completeness ofany sworn statement they made in doing so. The machinations ofFrank Fina and E. Marc Costanzo must not be rewarded. We respectfully submit that the submission initiating this grand jury and the subpoena to Attorney General Kane mustbe quashed.

POINT TWO The Protective Order Should be Vacated Because Attorney General Kane is Being Unlawfully Prevented from Performing Her Duties The protective order issued in connection with this investigation must also be vacated in order to avoid a Constitutional Separation ofPowers violation.6 Attorney General Kane is the chieflaw enforcement officer for the Commonwealth ofPennsylvania. She is charged with
6 

### The protective order is also the subject ofa Petition for Review filed by the Office of Attorney General on November 10,2014, See Pennsylvania Office ofAttorney General v. Supervising Judge ofthe Thirty-Fifth Statewide Investigating Grand Jury,No — MM 2014,dated November 10,2014. 11

### CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL investigating and prosecuting criminal acts that fall within her purview. She was elected to carry out that duty. She has an unconditional obligation to protect the citizens ofthis state from criminality,particularly when the offenders at issue are public servants abusing their office. The corrupt machinations ofFrank Fina and E.Marc Costanzo have wrongfully caused the judiciary to bar her from discharging the duties ofher Office. The protective order prevents Attorney General Kane from exposing the truth about Fina and Costanzo to the citizens ofPennsylvania,and seeing them removed from their positions as Assistant District Attorneys. Based on the emails they received,possessed,viewed and distributed on their state-owned computers,they should be investigated and possibly prosecuted. Under the terms ofthe protective order,it is currently impossible for the Office ofAttorney General to carry outthis responsibility. The protective order also prevents Attorney General Kane from investigating leaks associated with this grand jury proceeding. There have been multiple news reports containing information about this grand jury proceeding,rneaning that someone involved in the investigation is unlawfully providing information to the press. (See Exhibit C.) The Office of Attorney General cannot investigate these leaks — as it is charged with doing — because its investigation may be perceived as running afoul ofthe overbroad protective order. Finally,the protective order prohibits Attorney General Kane from investigating any crimes that may have occurred in connection with the grand jury proceedings themselves. This includes,but is not limited to,the materially misleading testimony provided by Fina and Costanzo on August 25,2014. Under the terms ofthis protective order,Attorney General Kane and the Office of Attorney General cannotperforrn their law enforcement duties. The restriction on Attorney 12

### CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL General Kane's power to investigate and prosecute is the product ofjudicial action. The ultimate result is a violation ofthe Separation ofPowers Doctrine ofthe federal and state constitutions. The protective order must therefore be vacated.

Other Grounds for Relief The submission initiating the grand jury investigation and the subpoena should also be quashed,and the protective order vacated,because this investigation has been tainted throughout by leaks aimed at discrediting Attorney General Kane. On multiple occasions,information relevant to the grand jury proceedings have been leaked in a form designed to slander Attorney General Kane's reputation,and the reputation ofthe Office ofAttorney General. (See Exhibit C, collected news reports.) The failure to maintain the integrity ofthe grand jury proceedings in this case is sufficiently serious and wide-spread that quashing the submission and the subpoena and vacating the protective order is warrantee

CONCLUSION For the reasons set forth above,we respectfully submitthat:(I)the submission initiating the grand jury investigation and the subpoena to Attorney General Kane should be quashed;and (II)the protective order should be vacated,under Pa.R.A.P. 3309,42Pa.C.S. § 726 and Kings Bench Power. This is clearly "an issue ofimmediate public importance," and we respectfully request that this Court "cause right and justice to be done." See 42 Pa.C.S. § 726.

7 

### The extensive leaks in this case likely constitute the criminal offense ofharassment, intimidation or retaliation against a prosecutor under 18 Pa.C.S. § 4953,as well as obstructing administration oflaw or other governmental function under 18 Pa. C.S. § 5101. 13

### Dated: November 12,2014 CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER REQUEST TO BE FILED UNDER SEAL
Minora,Minora,Colbassani, Krowiak,Mattioli & Munley a.14;)

# A,A.44.01 be

m i c Amil M.Minora,Esq. Attorney for Attorney General Kathleen G.Kane Attorney ID: 22703 700 Vine Street cranton,PA 18510 (570)961-1616
Winston & Strawn,LLP 6-A411 SW"

/A lt Gerald L. Shargel,Esq. Attorney Pro Hac Vice for Attorney General Kathleen G.Kane 200 Park Avenue New York,NY 10166 (212)294-2637

14

# EXHIBIT A (emails and images 398 pages) EXHIBIT NOT REPRODUCED DIGITALLY Available in Prothonotary's Office

# EXHIBIT B

## INTHE COURT OF COMMON PLEAS MONTGOMERY COUNTY,PENNSYLVANIA IN RE: • : SUPREMECOURT OFPENNSYLVANIA : NO.176 M.D.MISCDICT.2012 • THETHIRTY-ITVE STATEWIDE : MONTGOMERY COUNTY 

## COMMON PLEAS

.INVESTIGATING GRAND JURY : M.D.1424-2014

• 

### : NOTICE NO,123



### ORDER AND NOW,

this 27th day ofAugust,2014,it is hereby ORDERED,pursuantto 18 Pa.C.S.§ 4954 (relating to protective orders),that:

1. The Office ofthe Attorney General,exceptupon specific authorization by this Court or 

### the Special Prosecutor,shall refrain from any involvement in,
or access to,the investigative efforts ofthe SpecialProsecutor. 2. Employees ofthe Office ofthe Attorney General shallrefrain from

• engaging in, or soliciting,any act ofobstruction,intimidation or retaliation against any witness summoned by the Grand Jury in the Special Prosecutor's investigation, 3. All transcripts ofGrand Jury testimony shall be given only from the Stenographer ortheir employer directly to the Supervising Judge and the SpecialProsecutor,no copy shallbe given to the Attomey General's Office.

### 4. Employees.ofthe Office ofthe Attorney General shall not have access to trans.cripts ofproceedings before the Grand Juryor Supervising Judge, exhibits,or other informationpertaining to the Special Prosecutor's investigation. All information related to the work ofthe Special Prosecutor shall be keptin the custody ofthe Special Prosecutor and

• SuperviSing Judge. 5. Any person,including employees ofthe Office ofthe Attorney General, who engage in any actofobstruction,intimidation or retaliation against a witness summoned by the,Grand Jury in the Special Prosecutor's investigation may be prosecuted as set forth in 18 Pa.C.S.§ 4955(relating to violation oforders)and any other applicable provisions ofthe Crimes Code ofPennsylvania. 6, The Special Prosecutor shall serve a Copy ofthis Order upon the Office of the Attorney General. 7. The contents ofthis Order are sealed,and shall notbe disclosed (either verbally or in writing)by the Office ofthe Attorney Generalto any individual outside ofthe Office ofthe Attorney General under penalty of contempt ofcourt.

### BY THE'COURT:

WILLIAM R.CARPENTE

.Supervising Judge

Copies sent on August27,2014. By First Class Mail to: Kathleen G.Kane,Pennsylvania AttofneY General Thomas E.Carlucci°,Esquire J.

# EXHIBIT C

### State A.G.probed Philly NAACP leader Mondesires finances 5 years ago Page 1 of5

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### State A.G.probed Philly NAACP leader Mondesiretsfinances 5 years ago

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# tia STATE ATTORNEY General <sorban

Knne is reviewing a 2008 grand-lury Yvestigetlan ofj.ihthyatt Mondesire, former boat of th.o NAACP in Philadelphia, and ono of hls employees, according lo documents obtained by the Puffy MAYS. Mondesire's employee, Harriet Garrett, and her daughter pleaded guilty in 2010to steeling Toady $2213,000 In state grantmoney for a job-lraInIng program. Garrett was sentenced to aminirnum of six months in Jail and ordered to pay restitution. Her daughter got 18 months prohation. A 2008 mune written by their-Deputy Attorney General William Davis Jr. says Investigators "uncovered what appeared lo bo questionable spending"of stale money by Monoestre. Kane,a Democrat,is now trying la ddlermina what happened wIth the Mondesire investigation. Gov.Corbett a Republican, was the attorney gmeral al the liTRE:.
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### http://www.philly.corn/philly/news/2014 06 0 6S t ate_k_G probed_Philly... 1 1/10/2014 Exhibit C 001

### State A.G.probed Philly NAACP leader Mondesire's fmances 5 years ago Page 2of5

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• • •• • See More Clecuiars fdlondeslre,54,says he was never quelloned and denies any financial wrongdoing. The 2009 Davis memo detailed for his bosseswhathad been uncovered about Mondeslre and Garrett, who worked at the Phlladelphla Sunday Slin, a weekly newspeper Mondeslre publishes. A nonprofit called Next Generation Community Development Corp.,which Is operated by Mondeslre, held a stategovernmentgrant for a jobs-trainlng program ln 2004 end 2005,buthanded it off lo Garrett,who ran another nonprofit called Creative Urban Education Systems,or CUES, sewn:ling to the Davis memo, Mondasire was listed as chairmen of the CUES hoard,the marine noted,while Garrettnerved as tho treasurer for'NeY1 Generation's board. Davis wrote hls mernoto then.Chiof Deputy Attorney General Frank Fine and then-Senior Deputy Attorney General E. Marc Costanzo. Corbett, as attorney general,named Fine in 2008 to head a new public-corruption unit and Costanza to work on cases for the unit bin the Philadelphia region. Floe and Costanzo now work In a sirnilar Unit tor DistrIct Attorney Seth Whiners, In themPli10, Davis wrote: "Next Generation's bank-account records,obtained with a graild-lutv subpoena,showed deposits of $1.2 rriillinn In governmentgrants Ina one-year period. Another 5521,000 kith()accountcame from political campaigns,rentpayments and the Intermingling of money from the ,Sunday Sun,+Ala Is owned and operated by Mandeslie,the memo said, ' Next Generation paid 52,27240 tho Philadelphia Club,a private and exclusive dub In Center City. Nexi Generation spentlens of thousands,"writing cheeks to pay Mondestre's American Express bill kir "clothes,food, lodging gas end erdertelarnonfii und a loan from Mellon Bank. There were also checkswritten lo Mondesire atrb 4o "cash."
• NextGeneratIon wroto checks for $169,900 to Charles and Claudia Tasco and their company,CSC Construction. (Charles Tessa ls the son otCity Councilwoman Marlon

- fiasco, a friend and poetical ally of Mondesire's for more than three decades.)

▪ $0,451 In CMSmoney was given to Mondesirefor what Garrettcalled consulting.Thaltype ofexpense was not allowed,according to the rulesof the grant.

" lrr "various correspondence"between Garrett and Moridesiro discovered by investigators,she questioned payments of more than $70,000 he made to Claudia Tasoo. ' CUES paid gf,00g for hoard,Insurance for Mondeslre. ' Davis wanted to question Mondeslre - and possibly subpoena him far sworn grand-jury lestlmony - about Garrett, CUES and Next Generation, A/so ea Altillif.cont SUSIIICSS:

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### http://www.philly.com/philly/news/20140606_State_A_G probed_Philly... 11/10/2014
Exhibit C 002

### State A.G.probed Phifly NAACP leader Mondesire's finances 5 years ago Page 3 of5

Never questioned Moneesire, a termer Inquirerreporter who served es the top alde lo the late U.S. Rep. Bill Gray,said no ono from the Office ever questioned hlrn, 'We didn't 115n any money tor persona! galri, Mondesire said. He said thathe has not seen the A.G.Office's documents nd tWice declined an offer Vern the Daily News lo revlew them. Mondesire said C&C Construction worked on four properties, including the NAACP headquarters and his newspaper office, Wlinfn Ilie Next Generation non-profft ts also located. 'We boughtsupplles with my American Express card for construction," he said. 'They never asked me a single question back in 2009. We rehabbed the hulldings. We spentmoney buying Muffler lha buldings,censtruction and paying off developers." Garrett declined to comment about the invesfigalions. Fier daughter did not respond to requests for comment. The May 20
-

10 news mlease about Gerrett's arrest featured Corbett laying out the charges. Corbett did not respond this week to two questions:Was he briefed on the Mondesim investlgollon and did he play a role In decidno whethappened with teal probe? Mondeslre was suspended by the NAACP's national headquarters In April after he teuded publicly with board members about the financesof the !coal chapter and Next Generation. Those board members - Sid Booker,Donald "Ducky Birts and the Rev.Elisha Merda - also were suspended. Booker and Morris,whs say they are still Next Generation board members,are naw asking a Common Pleas judge to force Mondesire to show them the nonprofles financtel records. As a judge considers thatrequest,Karre's staff is reviewing what became of the 2009 Mondestre probe. Davld Pelfer,who heads the A.G.'s Bureau of Special Investigations,on March 21 intendewed Michael Mtletto, the speclat agent who investigated Garrett and IvIon.clestre. The Daily Newsobtalned 13 transcript of that taped Interview, Mlletto told Petfer that he subpoenaed Next Generation's bank ac.courd, the transcript shows. 'When l diet that, I found that there was a whole bunch of money that appeared to me to be donallons to IT113 NAACP, not 1[Mendestra], arsl they wem going Into Next Generation's account and they were being used for [Mondesirees]lifestyle

- much of it,'' Moho told Pelfer. Milano said he was taken off the case alter Fine and Costanno WWI ISA about the probe,according to the transcript. 

### http://www.philly.com/philly/news/20140606_StateA9 probed_Philly... 11/10/2014 Exhibit C 003

### State A.G.probed Philly NAACP leader Mondesire's finances 5 years ago Page 4 of5

Miletto said 'crirrilnel activity wasJust ignored after that, He added that Iwo accountants who had worked for Mondesire had provided taped statements,with one asking for irnmunity and the other asking for protection. Fina and Costanzo declined to commentabout the Mondestre investigalLon,citing Ma %crab, /oi grand-Jury proceedings. Davis,now in private practice,also declined 10 comment, citing the same restriction. Ml!ntto,who still walks for the A.G.% office, also declined to comment Pelfer referred questions to Kana% cornmUnlcations staff. J.J.Abbott,a spokesman for Kano,doclined to comment.

The Karie-Fina feud ['Ina and Costanza have a complicated and controversial relationship with Kane. Kane criticized Coibett's tenure as attorney general when she ran for office in 2012,specifically targeting the Penn Stale child-abuse scandal (hal sent fomor assistant football coach Jerry Sandusky to prison. Kana'sstall is new conducting ani extensive review of that investigation. Fine lad the Sandusky probe. Kane,on Feb. 5,Issued a statement noting that har office% Sandusky review had boon underway for one year, adding lhat delays in the undertaking bo described In more detail when the raped is rnade public." A rnonth later, tho Inquirerreported that Kane declined to pursue an investigation previously led by Flea and Costanza, stwting In 2010,that used Philadelphia lobbyist Tyron All as a confidential informant to tape conversations with four Philly state representatives and a former Tiaffic Courtjudge. On ihe tapes,the representatives and judge accept cash or gilts horn Ali. Kane has said Ana dropped 2,033 criminal countsagainst Ali, who had been charged with steallng $430,000 from e state program, 24 daysbefore she was sworn Into office. She said that "extraordinarily lenient'. deal "crippled the chance efthis case succooding in prosecution." Etna, in a letter published by tha lnqtarer a Week alter the first story ran, called on Kane to explain her decision. The Thquireralsu published u letter that day from Fina% hoes, Williams, critical of Kane. Kane eventualiy turned over the Ali case file to tAillliains, who is now examining whether charges cari be brought against Ina four representatives and the Traffic Court judge, who Is currently on trial in an unrelated federal corruellori case.


### bap://www.philly.

corn/philly/news/20140606_State_A G probed_Philly... 11/10/2014
Exhibit C 004

### State A.G.probedPhilly NAACP leader Mondesire's finances 5 years ago Page 5 of5

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### Exhibit C 005

### Special prosecutor probes Pa.Attoiney General's Office

• Monday,November 10,2014 '" " • • •• •

_ 0John Bolorls'Forecast 

### r, is 0 Philadelphia,PA 

# philly.com Page 1 of5

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## Specialprosecutor probesPa. Attorney General's Office StoreII TYNAN

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### Ztangitrer A spacial prosecutor is investigating

whether the office of Pennsylvania Attorney General Kathleen G.Kane leaked confidential grand jury material to a newspaper In a bid to strike bactc atformer prosecutors In the office who had been criticai ofhal', according to several people familiar with the matter. Thu special prosecutor has issued several subpoenas to Kane'S Office and others to explore how secret records became public this year about a 2009 Investigation by the Attorney Generafa Office irwolving Philadelphia political activist J,Inkiyah Mondeslre,the solaces said, Though there have been periodic inquiries into grand jury leaks in the past this appears to be first time the stale attorney generai or top staffers In the office have come under scrutiny. Advertisement Here aro 25 of the most norneous cheerleaders on HFL sidelines,
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### http://www.philly.com/philly/news/politics/20140831 J-leadline_here ... 11/10/2014
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### Special prosecutor probes Pa.Attorney General's Office Page 2of5

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STAPLES: NIAIIr NIB!.liapper,For Less Reached for commentlate Saturday afternoon about reports

of the leak probe,J.J. Abbott,a Kane spokesman,referred those questions to Renee Martin, Kane's acting communications director. MarlIn did not return phone calls, II is unclear who commissioned the investigation, nor wasThe Inquirer able to determine the special prosector's name. But typically,sources said,such a decision would need approval from the Pennsylvania Supreme Court. A person who violates grand jury secrecy rules may be round guilty of contempt of court and sentenced to up to six months in prison. The leak Inquiry was prompted by a Philadelphia Daily News article In June that drew heavily upon a 20D9 internal memo prepared as part of a grand lury Investigation that summarized the status ofthe Mondesire probe. The newspaper story questioned whether top prosecutors in the office at the time,including then-Chief Deputy Attorney General Frank G. Flea, had pursued the Mondesire probe aggressively. Over the last year, Kane, a Democrat, has been locked In an increasingly bruising battle with Fine and other former prosecutors and investigators whoworked under liar Repnblican predecessors over how certain high-profile cases were handled. Critics have faulted Kane for her decision to shut down a sting launched by Firm that sources and frivestigative documents say captured five Philadelphia Democratic officials taking cash payments or gifts. The Daily News article based on the leak seemed to suggest Fine and other former state prosecators had fallen short in pursuing a case against Mondestre, Flna did not return telephone calls seeking comment for this article. In a previous interview, he adamantly denied any suggestlon that he did hotaggressively pursue the Mondesira investigation, as has the lead prosecutor who wasassigned to that probe. No charges were filed in that casa. Mondesire,a longtime leader ofthe NA.ACP in Philadelphia, has denied any wrongdoing. In a twist,the special prosecutor's leak investigation has Intersected with a separate and seemingly unrelated legal fight involving many ofthe same combatants In another matter:the exchange of sexually explicit e-mails among former and current stale officials The messages,shared on state computers and sometimes through governmente-mail accounts,arc said to have contained pornographic images,Jokes, cartoons, and other prhiate messages,according to people familiar with them. Bouncersshootman at Phfia.strip club

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### http://www.philly.comiphilly/news/politics/20140831_Bead] ineilere _in__ 11/10/2014

Exhibit C 007

### Special prosecutor probes Pa.Attorney General's Office Page 3 of5

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-milers Not all the recipients are known, By some accounts,some of

the material was circulated among scores ofofficials,from homicide investigators in the Attorney General's Office to state prosecutors and caner state officials, Including top Pennsylvania jurists, The ingulrer and other news organizations have filed Right-toKnow requestswith theAttorney General's Office seeking information about those e-malls, but a Judge has blocked the office from deciding whether they can be released. The e-malls have become art issue in connection with the leak inquiry,with some Kano critics arguing that Karre's office Is using the threat ofthelr teloase as a way to silence criticism, sources told The Inquirer, kr an article published Saturday, the Pittsburgh LTrIbuneReview reported that the Attorney General's Office, In response to that newspaper's Right-to-Know request, had said a judicial stay barred the office from saying whether it could release the e-mails. Martin, Kane's chief spokeswoman, told the Pittsburgh newspaper she cotild not reveal the name ofthe judge or•tha court that issued the stay. That a judge has issued a temporary stay suggests that legal fight is ongoing. The leak Investigation by the spacial prosecutor was launched after a June er article in She Daily News that Kano was reviewing a 2009 grand jury investigation into the finances of MondeSire,former heed ofthe NAACP Philadelphia chapter, arid ofOne ofhis employees. The article clted a 2009 memo written by then-Depuly Attorney General William Davis Jr. to Fine and tben-Senior Deputy Attorney General E.MarcCostanza.Among other things,the memo said investigators had "uncovered what appeared to be questionable spending of state money by Mendesire."The article also listed examples of the alleged questionable spending Davis had included in the memo, The Daily News article saki Kane wanted to find outwhat happened with the investigation. Mondesire said stale proseoutors never Interviewed In an interview with The Inquirer this summer, Davis said it was false to suggest FMB had impeded the probe. The Daly News article reported that a Sop Kane aide had in March interviewed an Investigator wlth the Attorney General's Office who had worked on the Mondesire Case.The Daily hlews obtained a tape of that interview. In il, Lhe paper reported, the investigator said he had been thken off the case after he told Etna and Costanzo about his work. Davis, in the interview with The Inquirer,sald that the agent in question irad been replaced and that tha probe had continued.Itwasn't dropped," Davis said, JOšS --- make over a South St. bar

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### http://www.philly.corn/philly/news/politics/20140831 Head] ine_here 1 1/10/2014

Exhibit C 008

### Special prosecutor probes Pa.Attorney General's Office Page 4 of5

For Flna and other former prosecutors and Investigators in the Attorney General's Office, and for Kane and her top command,the quarrel over the alleged wand jury leaks, the handling offhe IvIondeslre case,and the sexually explicit o-mails Ss the latest skirmish fn a war that dates to Kane's 2012 bid for office. In that race,Kane sharply criticized Finals leadership ofthe investigation into serial child sex abuser Jerry Sandusky. She suggested political consideratlon delayed tho probe into the former asslstant football coach at Pennsylvania State University. She also hired a tormer federal prosecutor to rotrivestigate the Sandusky onset. In a recent repoit,thatex-prosectrior said he tound no evidence tho probe had been delayed for political reasons but said the investigation might have moved more quickly. ln hor first months in office, Kuno also secretly shut down a probe Fine began that sources and investigallve documents say caught five elected officials, all PhlladelpNa Dernecrats, on tape taking cash,money orders, or, In one case, a $2,000 bracelet. After The Inquirer this year revealed Kane's decision to end the sting, she said the investigation had been carried out poorly and was possibly tainted by racial targeting. All hve caught on tape are African American, Finn vigorously defended the Investigation. His current boss, PhIladelphia DistrIcf Attorney Seth willlams, has taken on the case. In iecent years, judges have approved a series ot probes to getto the bottom of leaks, such as tnformation that became pUblIc in nuws stories about the separate investigations into former casino operator Louis DeNapiesand Sandusky. Judgepony Feudalc jailed a former investigator with the. Attorney General's Office for leaks related to an Investigation into pdson conditions in Lackawanna County, Feudale jailed him for the maximum time permItted at the time for thatform ofcontempt of court, 15 days. Atter Feudale complained vigorously that such a penalty was too nlild, the possible maximum was increased to its current six months,

arionlournbisuptillirnews.com 7l7-787-5934V @Angelasiiiik

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### http:/Avww.phiIly.com/philly/news/politics/2014083l_Headline_here l 1/10/2014 Exhibit C 00911/12/2014 Special prosecutor probes Pa.Attorney General's Office - Philly.com

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## Specialprosecutor probes Pa. Attorney General's Office



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# COATS By Craig R. McCoy and Angela couloumbls,inquirer Stair Writers POSTElJi September 01,2014 A special prosecutor is investigating whether the office of Pennsylvania Attorney General Kathleen G. Kane leaked confidential grand jury matenal to a newspaper in a bid to strike back at former prosecutors in the office who had been cancel of her, according to several people familiar with the matter. The special prosecutor has issued several subpoenas to Kaneb office and others to explore how secret records became public this year about a 2009 investigation by the Attorney General's Office involving Philadelphia political activist J. Myatt Montiesire, the sources said. Though there have been pedodic inquiries into grand jury leaks in the past, this appears to he flrst time the slate attorney general or top staffers in the office have come under scnffiny. Reached for comment late Saturday afternoon about roports of the leak probe, J.J. Abbott, a Kane spokesman, referred those questions to Renee Marlin, Kanels acting communications director. Martin did not return phone calls. his unclear who commissioned the investigation, nor was Tha Inquirer able to determine the special prosectors name. But typically, sources sald, such a decision would need approval from the Pennsylvania Supreme Court. A person who violates grand jury secrecy rules may be found guilty of contempt of court arxl sentenced to up to slx months 5 prison. The leak Inquiry was prompted by a Philadelphia Daily News article in June that drew heavily upon a 2009 internal memo prepared as part of a grand jury investigation that summarized the status ot the Mondestre probe. The newspaper story questioned whether top prosecutors irt the office at the time, including then-Chief Deputy Attorney General Frank G. Fina„ had pursued the Mondesire probe aggressively. Over tho last year, Kane,a Democrat, has been locked In an increasingly bruising battle with Fine and other former prosecutors end investigators who worknd under her Republican predecessors over how certain high-profile cases were handled. Critics have faulted Kane for her decision to shut down a sling launched by Fine that sources and investigative documents say captured live Philadelphia Democratic officials taking cash payments or gilts. The Daily News arlicre based on the leak seemed to suggest Fine and other former stale prosecutors had fallen shod In pursuing a case against Mcndesire. Fine did not return telephone calls seeking comment lor this article. In a previous IntervIew, he adamantly denied any suggestion Mat he did not aggressively pursue the Mondesiru investigation, as has the lead prosecutor who was assigned to that probe. No charges were filed In that case. Mondesire, a longtime leader of the NAACP in Philadelphia, has denied any wrongdoing. In a twist, the special prosecutors leak investigation has intersected wilh a separate and seemingly unrelated legal fight involving many of the same combatants in another matter: the exchange of sexually explicit e-mails among former and current stale otficials. The messages,shared on state computers and sometimes through httryllarticles.philly.com/2014-09-01/news/53417240:1 special-proseculor-whyotl-mcndealre-j-j-abbott 15 2 0

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Kane to decide whether to release state workers raey e-tnails September 21, 2014 Montco Lawyer leading inquily into whether Kanes office leaked grand _jury information Sepiember 4 20t4 State A.G.probed Play NAACP leader Mondesire's finances 5 years ago Jima a. 2014 AG Kane reveals X-rated mails September 2S. 2014 Find More StoriesAbout
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Exhibit C 01011/12/2014 Specief prosecutor probes Pa,Attorney General's Office - Phillyzern government e-mail accounts, are said to hays contained pornographic ti> images, jokes, cartoons, and other private messeges, ecoerding lo people farnillar with them, Not all the recipients are known, By some accounts, sprite of the material was circulated among scoree of officlale, from homicide investigators in the Attorney General% Office to state prosecutors end other state officials, Including top Pennsylvania jurists. The inquirer and other news organizations have flied Right-to-Know requests with the Attorney General% Office seeMng information about Mose e-mails, but a judge has blocked the office from deciding whether they can be released. The o-mails have become an Issue In connection with the leak inquir9, with some Kane critics arguing that Kane's office is using the threat of their release as a way to silence criticism, sources told The Inquirer. In an article published Saturday, the Pittsburgh Tribune-Review reported that the Attorney General's Office, in response to that newspapers Right-to-Know request, had sald a judicial stay barred the office from saying whether It could release the e-mails. Martin, Kane's chief spokeswoman, told the Pittsburgh newspaper she could not reveal the nerne of the judge or the courl that issued the stay. That a Judge has issued a temporary stay suggests that legal fight is ongoing. The leak Investigation by the special prosecutor was launched after a June 6 article in the Daily News that Kane was reviewing a 2009 grand jury investigation info the finances of Monclestre, former head of the NAACP Philadelphia chapter, and of ono of his employees. The article cited a 2009 memo written by then-Deputy Attorney General William Davis Jr. to Fina and then-Senior Deputy Attomoy General E. Marc Costanza. Among other thIngs, the memo said investigators had "uncovered what appeared to be questionable spending of stale money by Mundestre." The article also listed examples of the alleged questionable spending Davis had included in the memo. 

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The Daily News anis/a said Kane wanted to find out what happened with the investigation. Mondesire said slate prosecutors never Interviewed hire. In en Interview with The Inquirer this summer, Davis said it was false to suggest Fine had impeded the probe. The Daily News article reported that a top Kane aide had in March interviewed an investigator with the Attorney General's Office who had worked on the Mondestre case. The Daily News obtained a tape of that Interview. In it, the paper reported, the invesligatcr said he had been taken off the case after he told Fine and Costanza aboul his work. Davis, in the interview wrth The inquirer, said that the agent in question had been replaced ahd that tha probe had continued, "It wasn't dropped," Davis said. For Fine and other former prosecutors and Investigators in the Attorney General's Office,.and for Kane and hor top commend, the quarrel over the alleged grandlury leaks, the handling of the Mondeslre case, end the sexually explicit e-rnalls is the latest skirmish in a war that dates to Kane's 2012 bid for office. In that race. Kane sharply criticized Fina's leademhip of the investigation Into serial child sex ahuser Jerry Sandusky. She suggested politIcal.consideration delayed the probe Into the former assistant football coach at Pennsylvania Stale University. She also hlred a former federal prosecutor to reinvestigate the Sandusky case. In a recent report, thal ex-prosecutor said he found no evidence the probe had been delayed for political reasons hut sald the investigation might have moved mare quickly. In her first months iri office, Kane also secretly shut down a probe Fine began lhat sources and investigative documents say caught five elected officials, all Philadelphia Democrats, on tape taking oust% money orders, or, in one case, a 02,000 bracelet. Atter The Inquirer this year revealed Kane% decision' to end the sling, On said the investigation had been carried oul poorly end was possibly tainted by racial targeting. All five caught on tape are African American. Flna vigorously defended the investigation. His current boss, Philadelphia District Attorney Seth Williams, has taken on the case. In recent years, judges have approved a series of probes to get to the bottom of leaks, such as intonation that became public in news stories about the separate investigations into former casino operator Louis DeNaples and Sandusky. Judge Bany Feudale jailed a fonner investigator with the Attorney General's Office for leaks related to an investigation Into prison conditions in Lackawanna County. Feociale jailed him for the maximum linie permitted at the time for that form of conteinpt of carat, 15 days.After Feudele complained vigorously that such a penally was too mild, lhe possible maximum was increased to its current six months. acoulourneis@phillynews.com 717-7E17-5934 @AngelasInk You May Like apoeserecl Lh}ts by Terinola Please Don't Retire At 62. Nere's Why, The Morley Fool

han://articles.philly.com/2014-09-Oldnevys/53417240 1 spacial-prosecutor-whyatt-mondesire-H-abbott 2/4 Exhibit C 01111/1212014 Kane's Office the Target of Leak Probe I News I Philadelphia Magazine

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# S + OPINIWs

NAVIGATION 

# Kane's Office the Target of Leak Probe

Was secret info leaked in revenge for criticism? BY JOEL MATHIS I SEPTEMBER 2, 2014 AT 6:01 AM

AP Photo l Bradley C. Bower htto://wwwxhillvrnao.cominews/2014/09/021kanes-office-targel-leak-Probe/ 1/7 Exhibit C 01211/12/2014 Kane's Office the Target of Leak Probe l News l Philadelphia Magazine



### Kathleen Kane has more trouble on her hands. It's been a quietfew monthsfor the controversial Pennsylvania attorney general,but an old scandal is coming back to haunther anew.The Inquirer reports a special prosecutor is investigating whether her office leaked secret grand jury material to a newspaper — and did so to make atleast one of Kane's high-profile critics look bad.

What wasleaked? Secret records involving a 2009 

### investigation ofthen Philly NAACP leader Jerry Mondesire,whohas been suspended from that post by the national office amid a steady stream ofreporting aboutirregularities in hisfinances. No chargeswere broughtfrom the A.G.'s investigation,and Mondesire has denied wrongdoing. Whywas it leaked?According to the Inquirer, a June DailyNews story using the leak as a source questioned whether forrner ChiefDeputyAttorney General Frank Fina had investigated Mondesire with enough vigor. Fina and Kane,ofcourse,have been atloggerheads over ICane's decision to abandon a sting operation that recorded up to five Philly Democrats taking unreported cash gifts from a confidential informant. Fina now works for Philadelphia D.A.Seth Williams. So whathappens ifsomebody is caught and convicted ofleaking? The Inky says,"A person whoviolates grand jury secrecy rules may be found guilty of contempt of court and sentenced to up to six months in prison." What's next? Unsure.TheInquirer reports the "special prosecutor has issued several subpoenas to hurytiwww.nhillvmao.corninews/20

- 14/09.02/kanes-office-tercet-Ieak-orobel 2f7 

### Exhibit C 01311/12/2014 Kane's Office the Targetof Leak ProbeI News l Ph)ladelphia Magazine



### Kane's office and others"but no timeline for the investigation hasbeen given.

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# Montco lawyer leading inquiry into whether Kane's office leaked grand jury information

Thomas E. Carlucci:,ia rr defrreso lawyer endRePIMiCali

GALLERY: Thomas E, Carluuclo Is a defense lawyer— By Angela Coulounibis and Craig R. McCoy,inquirer Staff Writers POSTED:September 04, 2D14 Subscriber Services l clirr1liIrrr I DEIIIEViS Lifestyle 1 Health Marketplace

A veteran lawyer from Montgomery County is the special prosecutor heading the Inquiry into whether state Attorney General Kathleen G. Kane's office leaked grand jury information in an effort 10 dIscredil her critics, The Inquirer has learned. Thomas E. Carlucci°, a criminal defense lawyer In Plymouth Meeting and former prosecutor in Delaware, was appointed over the summer by a Montgomery County judge to explore how secret records became public this year about a 2009 investigation by the Attorney General's Office involving Philadelphia political activIst J. Whyatt IvIondesiro, according to several people (emitter with the matter. No charges were brought against Mondesire In the case. The irivesilyalion, details of which appeared tri a June story in the Philadelphia Daily News, took place before Kane became attorney general. Caduccio did not respond to messages - keft by phone and e-mail Tuesday. Renee Martin, Kane's acting director of cornrnunIcalions, said the office would have no comment. The Inquirer first reported news of the special prosecutors appointment on Sunday. Sources said investigators in tho inquiry have issued subpoenas io KaneS office and others. Carluccie was appointed by Judge William Carpenter, the supervising grand fury judge in the eastern part of the state, the sources said. Both men are Republicans. Kane Is a Democrat. Though there nave been past leak inquiries, this appears lo be first htt licles.philIy.corn/2014-09-04/news.63527771_1_special-prosecutor-al.forney-general-kathieen-g-kano Tweat 8-1

We Recommend Kane denies bid to release controversial e-mails Seplember 2E, 2014 Kane to decide whether to release state workers racy c-mails Sephrmber 21. 2014 Special prosecutor probes Pa.Attorney General's Office SeptemDer 1, 2014 District Attorney Williams blasts attorney general in sting case March 22 21114 Find More StoriesAbout Special Prosecutor Kane

Exhibit C 01511/12/2014 Manton lawyer leading inquiry into whether Kane's office leaked grand jury information - Philly.com



# Bronx Acciden Lawyers theattorneys.us Expert. Experienced Since 1977 Free Consult. No RecoveryNo Fee time the state attorney general cr top staffers In the office have come under scrutiny. Such an inquiry typically requires ihe approval of the chief Justice of the Pennsylvania Supreme Court, according to a spokesman for ihe Administrative Office of Pennsylvania Courts, A person who violates grand Jury secrecy rules may be founci guilly of contempt of court and sentenced lo up to six months In prison, Caduccio, 57, worked as a state deputy attorney garierat in Delaware before switching sides to work es a defense attorney In Pennsylvania. His wife, Carolyn Tornetta Caduccio,is a judge. A Republican, she Ioined Carpenter on the Montgomery County Common Fleas bench in 2019. The leak to the Daily News Invelved a 2009 investigation by former Chief Deputy Attorney General Frank a Finn and onetime Senior Deputy Attorney General E. Marc Costanza. Fine,who handled the office's highest-profile criminal cases,left his position shortly after Kane took office, 2014 JEEP,CHEROKEE

Heated battle Fine and Knne have been locked in a heated battle over the last Iwo years on how certain cases were handled. Karre, Mr Instance, brought in a fomear federal prosecutor after she was elected to review Fina's prosecution of former Penn State football coach Jeny Sandusky on child sex-abuse charges. During her campaign for office. Kane width's Sandusky probe rnight have been delayed for political reasons. The independent review found no evidence of that. And for the last six. months, Kane has feced criticism for shutting down a sting operation launched by Firea that sources and investigative documents say captured five Philadelphia Democrats, including four state legislatom, on tape accepting money or gifts, As criticism over the sting case mounted, the Philadelphia Daily News reported in earty June thal Kane was conducting a review of Fines handling of a 2005 investigation Into Mordesire's finances. The newspaper's story discussed,arnong other things, a Secret investgalive memo surnrrearizing the status of Me Mondesire probe. Mondosire, the former president of the Philadelphia NAACP.,has denied any wrongdoing. Explicit e-mails The leak investigation has been complicated by a separate but intense legal fight over the exchange of sexually explicit e-mails among forrner and current state officials, The e-malls have become an issue because some Xane critics argue that Kane's office Is using the threat of their release as a way to silence criticism of leer, sources have told The inquirer. The messages were discovered during Kene's review of the Sandusky investigation, which involved going through thousands of documents. The inquirer has reported thal lhe o-mails were shared on slate computers and sometimes through government e-mail accounts. They are said to hove contained pornographic images,jokes, cartoons, wed other private messages. Though not all cif !fee recipients am known, some of the materiel circulated among seems of officials, from hernicide investigators In the Attorney General's Office to state prosecutors and other stete officiels, including lop Permsylvanlejurists,The inquIrenhos reported. While Judge Carpenter In Montgomery County is overseeing the leak probe, a different judge, Norman A. Krumenacher 3d, of Cambria Greenly, has jurisdiction over the e-mail Issue. Several news organizations,Including The inquirer, leave put In right-to-know requests for the e-mails. But Krumenacher teas ordered a stay on the release of the e-mails. He oversees the grand Jury in Westem Pennsylvania as well as the legal Issues involving Kane's review of the Sandusky prosecution. The e-mail:: in questions were unearthed by computer experts as pert of that review. acouloumbis@phiflynews.com 717-757-5534 r

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### Exhibit C 016

### Sources:Pam scandal misses Kane's rnain target Page 1 of6

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HARRISBURG -Attorney General Kathleen G. Kane's unprecedented move lo expose the swapping oi pornographic e-rnalls ciÜ 0161e film has so far cost four man their,lobs,put another at risk of being stripped of his stale pest, end left three others deeply embarrassed. All of thern may be collateral damage. GO far,Kane has not landed a nlalor blow on the rngn who SOLIrces soy has long beerl bar main target formai'stele prosecutor Frank Fine.
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### http://www.philly.com/philly/news/politics/20141013_Sources_Porn_sca,.. 11/10/2014 Exhibit C 017

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sea MOP% P The story behind the e-mails isfar more tangled then what has become pallet that eight men,all wilh ties to Fine,have been named by Kenn as sending or receiving X-rated e-malls In a widening scandal that has also touched a state Supreme Courtjustice. It involves a secret leak investigation, olOsed-door legal arguments,a protective ardor, end allegations of threats - all against a backdrop of a twe-year battle between Kane and Fins thathas become deeply personal,if not ugly. Flna isa career prosecutor known for higtrprolila putnlicr corruption cases althe Attorney General's Office. I-le now works for Philadelphia OlstrictAttorney Seth WIltiams, Kane is the former assistant district attorney lrrr Lackawanna County whir emerged from political obscurity to bemire the first wornan and Democrat elected as Permsylvenin's top prosecutor. Both declined to continent for this story. Numerous people with knowledge of thalr quarrel - including sources close lo both - have sard Firm participated in the exchange ofX-rated e-molls. According to the same SOLIMEs, Kane was intent on makIng het tact public. She wanted to expose what she believed was an entrencliad Misogynistic culture in the Attorney General's Office when Fine was a ranking prosecutor and before she took charge people close to her say. But in late summer,Fina obtained a ruling from a MontgomerY County judge barring Kane from ding his name publicly In almost ariy fashion,according lo several sources familiar with the ruling, Judge Willem R. Carpenter,overseeing a grand jury in tho eastern part of the stater, granted the order eller Fine argued is the judge that Kane's office was using the threatof tylng him to the sexually explicit e-mails to lntimidale end silence trim and others,the sources said. Finn dad eirr nnuounter in which be said a Kane aids had threatened his friend and !owner colleague Christopher Carusone,warning Mal it Firm keptcriticizing Keno,"a lot people could get hurt," according to two people familiar with the allegation. Sources dose la Cortisone say the aide,David Tyler,told him: 'Tell your boy to stop"- words Corusone took as a threat against Ma Carusone and Tyler declined to comment for this article. There is no dispute that tho two men encountered each other in August in Harrisburg and discussed whatwas than Ine still publicly undisclosed ceche of porn e-mails. Buta person close to Tyler rejected any suggestion ha had Threatened anyone. Instead, the source said, Tyler wastrying to defuse tensions between the sides and complained that Firm had been exacerbating it by telling others the elaa4s would implicate a Mein circle of people_ Teen pulls ?hilly cop from burning oar

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### http://www.philly.com/philly/news/politics/20141013_Sources Porn_sca.,. 11/. 10/2014 Exhibit C 018

### Sources:Porn scandal misses Kane's main target Page 3 of6
Kands utiles have dismissed the allegation involving Tyler as false and an attempt by Fins to sully her es Carpenter,a Republican,presides over a grand jury investigation examining Kane and her aides. The inquirer has reported thet Carpenter this summer appointed a special prosecutor, Montgomery County lawyer Thereon E. Carluecio,also a Republican,in a leak inquiry. Clailunski is seeking to determine whether Karte's office improperly leaked gran4jury material criticel ofFine to the Philadelphia Daily Newsfor a June story that raised questions about Fina's role In a case fiVe yews ago. The leak inqdry carries high stakes:Any person who violates grand jury secrecy rules may he found guilty ofcontempt of court and sentenced lo up to six months in prison, Campaign criticism Kane ignited the wer In 2012,when sha made a central therm ofher campaign criticism of how Flna'n leare in the Attorney General's Office conducted tha investigation into serial sex abuser Jerry Sandusky.She strongly suggested Mat Gov. Corbett - a Republican who as attorney general'had been Fina's boss - ordered It slowed for politicai gniru A review she later commissioned said Fine's team might have arrested Sandusky sooner, but found no evidence that politics ptayed a rale 111 the case. Though the review failed to beak up Kane's campaign rhetoric, il gave her a now and unexpected source of ammunition In tho feutt Forensiccomputer work found that Fine,among dozens of others,had traded explicll photos end videos between 2008 and 2012on stale time on state computers, Tho'krated wero among other messages that included Jokes,eArtoons,and political commentary. II was nol, Illegal, but it was a violation of Ogee policy. The dispute between Kane and Fins escalated greatly irs Marcli when The inquirer reported that Kane had secretly ended a sting Investigation begun by Fine that sournes said had caught five Phi/tar/Wants! Democrats on tape accepting cash or gifts.
KanO called the sting "half-assed." Finn called her "ernbarrassIng to law enforcement." Throughout, Fine was publicly bac.ked itp in his defense of the Sandusky probe ay old colleagues,including StatoPolice Cornmissloner Frank Noonan,former top state prosecutor Richard Sheet.,end former agent Randy Feathers,tho case's lend investigator. All three later landed on the list ofeight Kane named as having received pornographic emiails while working in the Attorney General's Othce under Corbett or other Republicans. Alao among them was Corusona,a prosecutor who,v.% Fine,was a kay player in the Attorney General's Office's public corruption cases and who irtter became Corhaft secretary otlegislative Matra. Stag Cnrniceleil Ca!Cr lateal OOidluoavl Owly livocilnes yoriman lo ylturanm.r) 5g••ap new!

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### Porn_sca.., 11/10/2014 Exhibit C 019

### Sources:Pom scandal misses Kane's main target Page 4of6

The others she named were E. Christopher Abruzze,who become Corbett's erwironmentatsecretary; Glenn Parno,a lop lawyer for Abruzzi:Y., Patrick Blessington, a former member of Fine's anticorruption team who now works with him as a Philadelphia prosecutor;and Kevin Harley, Corbett's onetime spokesman in the Attorney General's orrice, and Governor's Office. The fallout since that Sept. 25 bombshell has been pronounced. Abruzzo arid Porno resigned their government positions the week after the e-mail release. Shealy stepped down as a prosecutor in Lancaster county. Corbett has asked Feathers to gi, /e up hls position on the stale patole boord,a demand Feathers has thus far ignored. Last week,Canusone lost h)s lob with a major Philadelphia law firm,though nellher ho nor the firm would discuss why. Carusone's attorney, Robert J. Donstont of West Chester, sold Carusone could notspeak to reporters because ha was cooperatIng wine the spode!prosecutor." Donstonl wouid not elaborele butdid say; Irt my view and lhat of others, Chris has the reputation of being n first-rate lawyer and has paid an enormous price for his cooparaton. Chris is hopeful thet tlra ontim truth about what happened to him and his fernily will be revealed through the legal process." Noonan,whom Corbett appointed to head the state police, has kepthls job.The governor said there was no evidence Noonan opened the sexualiy explicit e-rrialls, And test week,Supreme CourtJustine Ronald Castilla urged his colleagues to lake action after seeing e-rnalls that Mclicate Justice Seamus McCatfery had sent seutially explicit images to an agent In the Attorney Generars Office and to MoCaffery's brother, a Philadelphia Common Pleas Court judge.

Name ls leaked Atone point, it appeared She lortg-nanored e-rnail scande1 mightpass without notice. Late in the summer,Fine had asked anotherjudge,Norman A. Krumenacker,to block any release on grounds that the materiel was covered by the grand jury secrecy of the Sandusky case,sources said.After daysof deliberation,the judge retooled Fina's argument Despite the rulings by Krumenacker and Carpenter Fina's name leaked out anyway in media accountset these who had vlawed the e-mails. stilt, Kane's office seemed uncertain whether she would release anything. Or Sept 23,in fact, her office gave The Inquirer and other navvepapers a legal opinion staling thal the retrieved e-mails and the information aboulthern the papers had asked to see

.were nol public records and that.Kane was not legally bound la release them. 

### http://www.philly.com/philly/news/polities/20141013Sources_Porn_sca,.. 11/10/2014 Exhibit C 020

### Sources:Porn scandal misses Kane's main target Page 5 of6

Two days later, Kane abruptly changadcourse and calked in reporters 10 look at roughly 75 pornographicphotos end videos, The presentation lasted abbot gri minuten. ln explaining why she singied oul that group of eight for release, her office obliquely referred to constraints that brooked 11 from naming Fine. 'There are restrictions upon which we cannotelaborate

- which currently prohibit us- horn revealing the names ofsome other people whoparticipated in this activity," a statement from har Mica read. As many as 30 current prosecutors end agents also were irr the porn e-mail }sop,according to Kane's office.Her spokeswoman, Renee Marlin, said that all faced discipline but that union contracts and stale law mandated secrecy for those Involved ill dieCiPilrlary Summing up, Multi)issued a statement saying the oftica was gulden by certain basic principles of human reletions . rnanagoment. One such key,she saki,was "respect for the reputations and privacy of current employees."
uncsoyagmillynnwa.com 215-054-1821Cli aCeriuMsnoy

Exhibit C 02111/12/2014 Judge blocks grand jury summons for Trites Harrisburg correspondsnl I TribLIVE

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### Judge blocks grand jury summons for Trib's Harrisburg correspondent 

# ( 1 By Andrew Conte. 4,- Thursday.Ocl. 16,201d,12,t2 pm. The judge presiding over a statewide grand jury blocked an appearance Friday before the panel by Tribune-Review stale Capitol correspondent Bred Burnsteri, Me newspapers attorney said. Jecige William R. Carpenter, who is supervising the grand jury and whose signature appears on the subpoena issued Wednesday night, told the Trib ho did not know oboel the subpoena until he talked with a reporter. Carpenter declined in discuss the grand jury arid reformd questions to Chief Deputy Attorney General Laura A. Dittos, who issued the summons, She later informed the Trib's lawyer, [Eon Barber, that Carpenter told her she was nal authorized to subpoena Burnsted. Carpenter returned a call to the Trib on Thursday and asked a reporter to read the subpoena to hire Asked how the grand jury could issue a subpoena bearing his signature without his knowledeo, Corpalter said, "Thatts whal irrn going to try to figure out." Ditka declined to comment,citing grand jury restrictions. Barber sold Pennsylvania's strong shield law protects reporters horn having to tastily about their sources. The Pennaylvania law, In effect since 59713, Is hosed on a law Adopted In 1937. 'The shield leer in Pennsylvania is very bread and very powerful,"Berber said. By issuing the subpoena to Demoted, the grand Jury threatened to pull Mtn ioto an Increasingly ugly feud among prosecutors in the capital and Philadelphia. Garpenter appointed a special prosecutor, Thomas Car/deck], le Investigate allegations ol Informalion leaks Born the offloa uf Attorney General Kathleen Kane, The Philadelphia Inquirer has reported . Caluccia could not be reached for commenL Kariets spokesman declined to comment, citing grand Jury secrecy rules. The grand jury investigation might be linked to reports about a 2009 case involving a Philadelphia political activist, who was not prosecuted, as well as the release of information about pornographic malls that circulated in the Attorney General's Office under Kane's predecessor, Gov. Tem Corbett, Brensted broke the story of the emals existence in late AugusL Former Chief Deputy Attorney General Frank Fins, whn prosecutes' high-profife corruption cases,asked a judge 113 block release of Me racy enalls. Dina heads a public mirruption unit In the Philadelphia District Attorney% Office. Pennsylvania is among ;39 slates with specifrc oliloLd taws protecting journalists. said Gregg Leslie legal defense director of the IRepolers Committee for Freedom ul the Press In Virginia. Thu federal government does not have a specific law protecting journalists. Ponnsyivania% law protects reporters from having lo Identify confidential sources or give up notes and story drafts, said MellSsa,Melewsky. media law counsel far !he Pennsylvania NewoMedia Association. "We have a really strong shield law in Pennsylvania, and it's boon interpreted robustly by the courts, with regard la Identifying confideetial sources,' IvIerowsky saki "As long as (Burmese)promised confidentiality sod has kept it, tira law says he earrnot be compelled to reveal the Identity of his confidential seurces.' Trib Totel Media writer Bred Burnsted

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htlp://triblive.com/newsladminpage/6075511-74/law-pennsylvania-allcriloyl/axzz3IsxNdHZL 1/3 Exhibit C 0221111212014 Judgo blocks grand jury summons for Trib's Harrisburg correspondent TribLIVE 611CIS,Lovers

- TUT Uei,D5 Prosecutors often see reporters as a 'Shortcut'to discover information, but journalists'ability to protect sources ls key lo their fob cis goyommenl watchdogs, said Gem Polielnski, chief operating officer of the blewseum institute ln Washington and senior vice president of its Fitsi Amendment Canter. "The concept ol a shield law is that irs really government's job tO police its own house," he said, 'and they shouldn't be relying on journalists to do that." Andrew Conte is a Trib Total Media staff writer, Reach him at 412-320-7835 uT andrawcorge@tribweb.cent Add Amami, Corrro10 your Gouglo+ Follow @AndrewConleIrib

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Exhibit C 02311/12/2014 "Mil; Critics claim slatsAttorney General Kane puts polltlcs first I TribLIVE

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### Critics claim state Attorney General Kane puts politics first

AP Pennsylvania stale attorney general Kathleen Kane, right, speaks about a inulti slate task force formed la address the Noelheas1 herein crisis during a news conference accompanied by New York stele attorney general Eno Schneiderman,lefl, Wednesday, Oct. 11, 2019, in New York. Authorities In four Northeast slates have agreed to collaborate in InveslIgatlons of heroin trafficking that often cross slate lines. The coalition so far includes New York, Pennsylvania, New Jersey and Massachusetts, wlth other stales expected to foto .(AP PholofJulle Jacobson) errl By Brad Bemsted • Friday.,Oct 24,2014, 10:17p.m. HARRISBURG — Call it a difficult year for Pennsylvania Attorney Gollelal Kathleen Kane, tha first Democrat and woman elected to the office. Her selective release of pornographic mails a little more than a morith before Election Day has critics crying foul that her actions are politically motivated. "To paraphrase 'Casablanca, Ern shocked, shocked there aro political games being played in this state so close to an election,"said John Kennedy, a political science professor al West Chester University and author of a book on slide elections. Yet some analysts think We too soon to judge Komi's rola In what has become a burgeoning scandal in all branches ol slate gevoinment. "Them is no political motivation involved," said tier spokeswoman Renee Martin. Nee released the information we could, when we did, while staying within" legal ond contractual boundaries. Kane has reftisod requests for an interview. The embarrassing disclosure of eraoils involving former and current staffers In the Attorney General's Office and at least two state Supreme Court iustices Is one of several matters this yea(tbal may not have gone the way Kane initially intended. Under pressure from Gov.Tom Corbett arid chi& Justice Ronald Castilte to share any sexually expllcit awaits sent or received by stale employees er Jurists, Kane did so, though in a piecemeal fashion that irked her critics. In the aftermath, httoPtriblive.com/eolllicsrpolilicalheadlines/69449

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Exhibit C 02411/12/2014 Critics claim state Attorney General Kane puts politics First } TribLIVE Justice Seamus MnCutlery was suspended Monday. Previously, three men who had worked for Corbett, including a Cabinet member,resigned, one retired and a fifth tell a job In the private sector. Kane has quarreled VIII Democrats end Republicans. The GOP-rnajorily execullve committee of the Pennsylvania District Attorneys Association in July rebuked her for "continued public attacks on the successful work af career prosecutors," and implored;

-The focus on winning the news cycle must end." liarieb office is under an apparent investlgallon of whether sorneone on staff leaked secret grand jury information this year to the Philadelphla newspapers. "She dues not look like the lair-haired attorney general she did eady on," said Steven Peterson,a polltical science professor at Penn Slate's Harrisinag campus, Asked whether it's bean a bad year, Martln replied, "I'd say we are operating on all eight cylinders here. doing the work that Attomay General Kane was elected to do." Marlin eked several 2014 accomplishments: continued prosecutions of child predators; El coot Ming that recoups $120 rnilllori in contested tobacco lewsult settlement money; Installation of a "mobile sheet crime mill" irt Hazleton for slx months; 1,172drug arrests; and gamedng rollions of dollars tlinsugh insurance and Medicald fraud litigation. TILOTIOIlLtOus rf1011ths On the heels ol positive pInns during her first year in office, Kanas second year has taken twists and turns since spring. Har Inexplicable year, said political analyst G. Terry Madonna,starred In March when Kane declined to prosecute four Philadelphia Democrats videotaped while accepting cash from an undercover lobbyist. That led to a public clash with Philadelphia District Attorney Seth Williams. a Democrat who has a grand jury investigating the case she dismissed as "legally flawed." Willlams on Thursday brought charges against an ex-Traffic Court judge In the case, acousing her of bribery, consplracy and conflict of interest for allegedly accepting a $2,000Tiffany & Co. bracdel. In June, Karie's 16-monlh review of the prosecullon el child molester Jerry Sandusky found no evidence that Corbett, as attorney general, slowed the Invesligallon ol the former Penn State assistant football coach to win the governor's race. Her revlew, led by former federal prosecutor Geoffrey Moulton,noel taxpayers at least $100,000, her office sald. When refeasing that sIgnature report, Keno baffled reporters al a news conference by claiming Sandusky had molested two other children. She backpedaled after trial prosecutors dismissed it as tictton. In August,the Pennsylvania Turnpike Commission "pay-to-play"case Kane announced In March 2013 with accusations of bribery and bid-dgying appeared to sled falling apart lis prosecutor, Laurel Brendsteller, resigned. Twodefendants received probation without yerdict, Then a judge dismissed charges against an exSenate Democratic Mader,leaving three of eight.people to be triad. But Kane can "recover, and is recovering, horn the year of nosTood news and questions about her political and legal acumen,'said Anthony May,former top aide to tho tale Democratic Gov. Robert P.Casey. May said news coverage of Ihe entails shared among attorney general staffers horn 2000 to 2012 could be a plus for Kane "because she is not the locus.' BY releasing ernalls involving eight man,live of whom have lost their lobs, Kane ward "on the offensive on a compelling issue, something she really needed to do,considering Me battering she was taking horn political

— yes, political — enemies," May said. Naming Republicans? Moulton's Investigators found the racy ROO raiolst ernalls while resonslructing messages that staffers had deleted. Moulton told Corbett that he had Ictind inappropriate ernalls; tha governor has said he did not know employees were sharing them and that he would have stopped IL Kane denied open records requests by the TribunisFievlew and other newspapers to examlne the mails. Days later, she released images from emails received or sent by eight men who worked for Corbett arld his successor, tinda Kelly. lier office blacked out most narnes from the !Worm:lion made public, end Kane has refused 'OS rOlOOSs malls implicating about 30 unionized staffers. 'You shouldn't pick and choose who you are going to release, unless you have a wried goad reason nol to release certain names,"said fernier U.S. Attorney James West of Flurnmelsiown. Kane's office claims Internet disciplinary actions am under way and union contracts prevent the release of embarrassing information about workers. Corbett, facing a fierce re-election challenge by Democrat Tom Wolf on Nov. 4, said in Pittsburgh WI MO:I will say, the only names she pul out so ler are people Itrat are Republloans, or people that work Its me at this point In lime." Kane's actions are hard to evaluate but raise "reasonable questions about the political oorisIderations Involved In tho choices," sald Christopher Borick, a political science professor al Munlenberg College In Allentom. Grand jury pmbe A special prosecutor and grand jory In Norristown are investlgating whether Kailas office leaked grand jury Information about a 20f10 case, according to The Philadelphia Inquirer. The inquirer reported In September that attorney Thomas Caduccio of Montgomery County heeds the inquiry Into whether someone leaked records to try to discredit Kane's critics. The newspaper said Montgomery County Judge William Carpenter, the supervising grand jury judge in Eastern Pennsylvania,appointed Coduccio to determine hew the Philadelphia Oally News obtained documents from an investigetion of Philadelphia politicel (Taoist J. Whyall Mondesire, who was not charged with a crime. Kane has not commented on the matter. ViolatIng grand jury secrecy nries can lead IL , a contempt of court charge anci potential six-month prison sentence. In July 2013, The Inquirer reported that Kane persuaded the slate Supreme Court to remove Judge Barry Feudale frorn overseeing statewide grand jury InvestigatIons In Harrlsburg. The newspaper did net say how it learned of the sealed proceedings. 11 said Kane moved to oust Feudale,a Democrat,on learning that he criticized her in an email to termer Chief Deputy Attorney General Frank Fina. Dbily Photo Galleries

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# Newsmax Rend Paul May Limit Dad's Role in 2016 Potosi Denies GOP Wave Happened Alan Keyes, Ben Carson, Click Here, DIRECTV 349, DISH 223 Chaise to Unleash Climate Regulation Deluge D'FleilIv. Megan Kelly Back Obarna's AG http:litriblive.cornipolitics/politicatheadlines/6944g98-74/kane-attornsy-emailsflanzz3lsxNdllZL 2/4 Exhibit C 02511/12/2014 Critics claim state Attorney General Kane puts politics Poudalo expressed regret for takIng a cheap shot but told The Inquirer: "Kane is a politician first, second, and and perhaps en AG ... fourth and fifth." Faudale oversaw grand Juries in Maher cases Mel Fine led, including legislative corruption and tire Sandusky chiki sex abuse case. Fine, who works for tiro Philadelphia district attorney, In August persuaded Cambria County Judge Norman A. Kruniehackor til to freeze the release of the pornographic ameils under the open records laW, arguing that they contained grand jury material. Krurneneeker identified Fina when he lilted the hold on Ma emalls. Brad BUrrieted is TIM Total Media's slate Capitol reporter. Reach him at 717-787-1405 or hiburested@tribweb.corn. Staff writer Melissa Daniels conidbuted lo thls report.

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EllenThonias AG Kenn Isjust followilig in the traditions of Republican Attorney Generals Mat came hafore her,these Republican AG's used polities lo protect their buddies,dld they not? Reply - Like • r • Follow pi,nr .Onlehor 00 fit 2.2ALEn Art (3/Giacomo • Top Gonimentm TIOYFB Political games? Is that dillerent then the political games being played by tho current governor going amnia)PA passing out hundreds of millions ol taxpayer dollars to corporations telling us that Um money will create lobs? That's not politics? Reply - like • 1 • Felloo Fest • October 24 et i 1:0bEtm Yri.y i lri 'if` Stephen tiandol: Malcne • 7 04 RETIRED

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- mural l,r es Gov.,you'll end up ilke us In Maryland, complaining about high lams Si waded spending. Repty • like • 1.Follow OcIolssr 25 01400lpin

Llten Thomas VVe already go1 higher taxes under the Republicans! Reply - 1 • Ocighgr 31/ al 2:25aan Deborah Hell • Top Commenter liwhatwas good fel the goose Is good for the genderThe 8tr current employoris of the AG's olfice would be gone.No exceptions.No 505uSeS. As lot the Phi/1yfiasco.lhat is obvious. Reply •Like • Follow Post • October 25 al.6
-4harn Stofnhoti Randalitiolone • Top Commenter • Welks al I AM FIATVIL Y RETIREE) Watt until the This put Wolfe in Office-We will all be Screwed... Reply Like • Follxis Post •Ucrober 25ar

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### Kanes car crash derailed teStimony a second tirn .e

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11 was the second limo this fall Keno canc..eled plane to take the stand, the sources said. Kane was schedulod to appearthat mcrning in a Montgomery County courtroom,where e special prosecutor is examining how confidential records about a 21309 investigation ruri by her Ropoblican predecessors became Her testimony has been rescheduled for later this month.the sources said. The grand Jury expires within a few Weeks,they

lanFIEUOYERAGE Wolf likely yuln POUU oipirUUiJ den !Inns with GOP Renee Martin, Kane's spokeswoman.,declined to discuss any matter related So the grand jury. She has said tier office cannoteven confirm cr deny the existence ot one. !Primer Deals' WELLS /Moo AdUartisement
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### http://www.phi11y.corn/philly/news/loca1/20141109_1(ane_s_car_crashjer.., 11/10/2014 Exhibit C 027

### Kane's car crash derailed testimony a second time Page 2 of4

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JCPEtinIEVI • Eltha 20% 011alh Your JGP Credit Co,d and Cour. EXPIRESTOMO.StilAT • - .net, Moue Circulars n Sha did say that Kane,48,was recuperating and workIng from her home irr Clarks.SUrnmit,about la miles north of Scranton,arid that her doctors had forbidden her to travel. Martin said that sha dld not know when Karla was expected to return lo work In tiarrisburg butthat the allorney.general was connected with the office by computer and phone.She added: "Ifs not affecting how work Is done here." The Inquirer has reported that lawyer Thornas E.Carluccio Is the special prosecutor for the grand jury sitting In Montgomery County.His appointmentwas authorized by MeiJustice Ronald D.Castilla. in Ms position, Carluctlo is examining an alleged leak to the Philadelphia Daily News about a 2909 grand jury Inquiry into the financesofactivist...1.41.1

- 10 Mondeslre,former head of the Philadelphia NAACP. Violating grand jury secrecy rules tan he punished hy up 10 .slx months In prison. The Daily News story questioned whether Frank G. Flea and another ranking prosecutor in the Attorney General's Office had pursued the Mondesire probe aggressively. No charges were filed against Morldeslro, Flna has been looked In an increasingly biller and public baJllo wlth Kane ever how oases wore handled. As part ofCurlucelde probe,his Investigators have subpoenaed Kann and other officials on her stag. Kans's first planned appearance was canceled because she had a scheduling conflict, the sources say.It was rescheduled for Oct.21. Just before 7 that morning,the SUV canying Kane end her security detail hit an empty parked car in Dunmore,a small town near Scranton,accordlng te a potica report. The vehicle thal was hit - a 1909 Jeep - had dentson one side when an Ingulror photographer took,photosofIt last week, The two agentswlth Kane at the time wore Patrick Reese and Robert Ruddy,Roth had been Dunmore police officers before Kane hlred them last year..Reasehed been the pollee chief, Ruddy a veteran ofilcer. According tlo the police report,Ruddy was driving and Reese was In tha front passenger sent. The accident reportby Duernore pollee, retecised by Marlin Oil 0d, 31,said the crash occurred when the driver of the StIV lostslghl of thedark, raio-sileked road as his iPed siipped off the seat. There wasdisagreement aboutwhether Kane was wearing a seat belt. The reportsaid Kane and the men were wearing shoulder arid seat belts.Dot Marlin said Kane was eel betted In and struck her hecd on Impact. The cost ofthe dannege lo her car wšs estimated al $064,state records show, • None of the theca was taken M a hospital by emergency medical personnel,aCcording to the police report. Kana did go tothe emergency room.and subsequently visited her doctor, Marlin said. Kands ofPce did not release information about the accident until The Inqulrer asked aboutIt 10 claya after the crash. 

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### http://www.philly.com/philly/news/loca1 /20141109_1(ane_s_car_crash_der... 11/10/2014 Exhibit C 028

### Kane's car crash derailed testimony a second time

Malin saki the.offce didn'treport the crash because it considered 11 e. minor rnetterlhet did not affoci lhe office's performance, She said she also expected Dunmore police to issue the news.That didn't happen. Dunmore Poke ChiefSal Marchese didn't return oafs front The hquirer. He told the Scranton Times-Tribune there was "no particular reesort for notissuing the news. Martin said last week ail the participants ware recovering. Ma thank everyone fortheir concerns,"she said in a statement.

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### Page 3 of4

AN INQUIRER ORMINAL 

### DJSCOVRT*E`.1 k• 

### AMPROV FD t IORE ' v . 1 A

Exhibit C 029

# MD.Misc.DM. 7C 2014



# LEADI G

la ER ME 1212I 

# ** UNDE FILED 11/14/2014 Supreme Court Middle District



# **

Received 

## inSupremeCourt NOV 1 4 2014 

# id&

‘1111:Ake."7.4:: 

### UNSEALED PER ORDER OF THE COURT DATED AUGUST 26, 2015Nov 14 2014 15:37 Allen M Mandelbaum, Esq (610) 279-3005 page 3 

# M.D.Misc.Dkt. i752014

IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY,PA IN RE: THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYLVANIA NO. 176 M.D.D MISC. KT 2012

MONTGOMERY COUNTY COMMON PLEAS M.D. 2644-2012



### RESPONSE OF SPECIAL PROSECUTOR TO THE MOTION TO FILE UNDER SEAL THE EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF

OF ATTORNEY GENERAL KATHLEEN G. KANE 

### Thomas E.Carluccio, Special Prosecutor to the Investigatory Grand Jury hereby responds to the Motion to File Under Seal the Emergency Applicationfor Extraordinary Relieffiled by the Movant,Attorney General Kathleen G.Kane and states in support thereofas follows: 1. The averments set forth in this paragraph succinctly state the import of the relief Attorney General Kathleen G. Kane ("A.G. Kane") seeks under her Emergency Applicationfor Extraordinary Relief and no response is required ofthe Respondenthereunder. 2. Admitted. By 

### way offurther answer,Respondent takes no exception to the Movant's request that the Emergency Applicationfor Extraordinary Reliefbe filed under seal. 3. Admitted.



## Received InSupremeCourt NOV 1 4 2014 

# MiddleNov 14 2014 15:37 Allen M Mandelbaum, Esq (610) 279-3005 page 4

WHEREFORE,the Motion to File Under Seal the Emergency Application for Extraordinary Relief filed by Attorney General Kane should be granted. 

# 7
Thomas E. Carluccio,Esquire Attorney I.D. No. # 81858 Plymouth Greene Office Campus 1000 Germantown Pike,Suite D-3 Plymouth Meeting,PA 19464-2484 (484)674-2899 SpecialProsecutor of Investigating GrandJury No. #35

DATED: 11/14/2014Nov 14 2014 15:37 Allen M Mandelbaum, Esci (610) 279-3005 page 5



# VERIFICATION I, Thomas E. Carluccio, Esq. as Special Prosecutor to the Investigating Grand Jury No #35 appointed by the Pennsylvania Supreme Court, do hereby state that after due diligence and investigation into the operative events underlying the subject matter of the 

## Motion to File Under Seal the Emergency Applicationfor Extraordinary Relief (the "Motion")filed ofrecord with the Court by the Attomey General Kathleen G. Kane, 1 hereby represent that the averments set forth in the foregoing Response to said Motion are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.

Thomas E.Carluccio,Esquire Attorney I.D. No. # 81858 Plymouth Greene Office Campus 1000 Germantown Pike, Suite D-3 Plymouth Meeting,PA 19464-2484 (484)674-2899 SpecialProsecutor of Investigating GrandJury No. #35

# M.D.Mc. Dkt. 175 2014 FILED 11/14/2014 Supreme Court Middle District



# PLEADING TWO

MINM Mil 11111 

# ** UNDER SEAL **

Received InSupremeCourt NOV 1 4 2014

'WPer 24. ' 

### UNSEALED PER ORDER OF THE COURT DATED AUGUST 26, 2015Nov 14 2014 15:37 Allen M Mandelbaum, Esq (610) 279-3005 pa9e 7 

# MD. 

# Wisc.Dkt. 175.7 Loil.

IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY,PA IN RE: THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYLVANIA NO.171 M.D.D MISC. KT 2012
MONTGOMERY COUNTY COMMON PLEAS M.D. 2644-2012



### RESPONSE OF SPECIAL PROSECUTOR TO THE EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF OF ATTORNEY GENERAL KATHLEEN G.KANE 

### Thomas E. Carluccio, Special Prosecutor to the Investigating Grand Jury hereby responds to the Emergency Application fOr Extraordinary Relieffiled by the Movant, Attorney General Kathleen G. Kane, by and through her privately retained legal counsel, and states in support thereofas follows: 1. Admitted. 2. Admitted. By way of further answer, a comprehensive response to the representations made in support of the Emergency Application for Extraordinary Relief (the "Applicahorn are provided hereinafter in New Matter below. 3. Admitted. By way of further answer, Respondent takes no exception to the Movant's request that the Application be filed under seal, and has taken such position in its Response to the Motion to File Under Seal the Emergency Application for Extraordinary Relief in pleadings independently docketed with this Honorable Court assigned: Supreme Court No. # 176 M.D.D.Misc.KT 2012. Pleading Under Seal of Court Page #1 of 12 

## Received inSupremeCourt NOV 1 4 2014 

# iddleNov 14 2014 15:37 Allen M Mandelbaum, Esq (610) . 76 .11 3005 page 8



# NEW MATTER
4. The Respondent to the :underlying Application, Thomas E. Carluccio, Esq., appointed Special Prosecutor, hereby incorporates 

## herein by reference its responses to the Application filed by Attorney General Kathleen G. Kane, by and through her privately retained legal counsel, reflected in the preceding paragraphs, inclusive, above as though fully set forth at length herein. BACKGROUND 5. Under the 5/29/14 Order of the Hon. William R. Carpenter convened the 35th Investigating Grand Jury and contemporaneously appointed Respondent as its Special Prosecutor in accordance with the authority vested in it by the 1078 Pennsylvania Investigating Grand Jury Act of 1978, 42 Pa. C.S. ¶4541, et. seq. and the procedural rules that followed (Pa. R.Crim. P 220,et. seq.)as well as relevant case law. A copy ofthe aforesaid Order is attached hereto made

a part hereof and marked Exhibit A. 6. As stated in Supervising Judge Carpenter's 5/29/14 Order, the central focus of the established 35th Investigating Grand Jury is to undertake investigation into allegations that an alleged illegal disclosure of information protected by the law and rules of Grand Jury secrecy pertaining to deliberations of a prior 2009 Statewide Investigating Jury (the "2009 Grand Jury") had been impermissibly compromised. 7. Thereafter, the Philadelphia Daily News on 6/6/14 disclosed grand jury information to the public involving political activist J. Whyatt Mondesire. 8. Following the report, the 35th Grand Jury and its Special Prosecutor received Pleading Under Seal of Court Page #2 

### of 12Nov 14 2014 15:37 Allen M Mandelbaum, Esq (610), 279-3005 page 9



### information suggesting the alleged inforrnation leaks emanated in whole or in part from sources within the Office ofthe Attorney General. 9. At all times material and relevant to the deliberations of the 35th Investigating Grand Jury, Respondent has principally focused on determining if Attorney General Kane's office played a role in directly or indirectly releasing information/documentation protected under seal pertaining to the 2009 Grand Jury, or had information that might lead to identifying the source(s) ofany leak. 10. Notwithstanding,Respondent's disciplined focus in seeking information in any role played by Attorney General Kane's Office in the aforesaid leak(s), Movant has sought by filing her Application to divert attention from Respondent's apolitical effort to investigate leaks of information/documentation under seal pertaining to a Grand Jury to an assessment of the propriety of certain emails which Attorney General Kane has characterized to represent "pornography". 11. It is respectfully submitted that such diversion represents an ongoing strategic effort on the part of Attorney General Kane not to honor a subpoena for her to testify before the 35th Grand Jury,as directly evidenced by the central theme advanced in the Application hereunder.

SUBPOENA No #1 12. Respondent issued its first subpoena to Attorney General Kane on 9/1 1/14, calling for her testimony to be provided before the 35th Investigating Grand Jury on Thursday,9/1 8/14,a copy ofwhich is attached hereto,made a part hereofand marked Exhibit B (Subpoena No #1). 13. Respondent agreed to reschedule Attorney General Kane's testimony under Pleading Under Seal of Court Page #3 of 12Nov 14 2014 15:38 Allen M Mandelbaum, Esq (610) 27973005 page 10



### Subpoena No #1 to the following day, 9/19/14 - at her request - so that she could attend the funeral of Cpl. Bryon Dickson who was killed in an ambush undertaken in Pike County at the hands ofaccused killer Eric Frein. 14. Notwithstanding the accommodation extended to Attorney General Kane, she elected to again reschedule her testimony. 15. Thereafter, Attorney General Kane, by and through her retained private legal counsel, sought to both quash Subpoena No42 and to contest the authority of the Special Prosecutor asserting legal defect(s)to his appointment by Supervising Judge Carpenter under her filing ofa Motion to Quash Subpoena filed ofrecord with this Honorable Court on 9/29/14. 16. Quixotically, in her Motion to Quash Subpoena, Attorney General Kane advanced the argument that Subpoena No #1 should be quashed,for among other reasons, she was not one ofthe limited group ofindividuals who were sworn to secrecy to the 29th Grand Jury,and as such
was not legally obligated to maintain the secrecy ofits proceedings. 17. Indeed to quote from her Memorandum of Law in Support ofthe Motion to Quash Subpoena,Attorney General Kane — through private legal counsel and not from the Office ofthe Attorney General expressly states:

... Attorney General Kane was not sworn to secrecy with regard to the 2009 grand jury proceedings. By statute, only a limited group of individuals are sworn to secrecy with regard to grand jury proceedings, and only those individuals can subsequently , 'be in contempt of court if they reveal any information which they are sworn to keep secret. 42 Pa. C.S. § 4549(b). Because Attorney General Kane had no involvement whatsoever with the 2009 grand jury proceedings, she could


### It should be noted that Movant'spleading fails to directly within its text to articulate the substantive representations serving as the foundation ofher stated position. Rather the draftsman has elected to incorporate by reference a Memorandum ofLaw in Support ofthe subject Motion, which articulates the basis for the requested relief. Pleading Under Seal of Court Page #4 of 12Nov 14 2014 15:38 Allen M Mandelbaum, Esq (610) 279-3005 page 11

not as a matter of law be in contempt of court with regard to any disclosure related to that grand jury proceeding." (see page land 2 of Memorandum of Law in Support of the Motion to Quash, filed 9/29/14) 

### 18. What is alarming regarding such position is that Attorney General Kane entirely ignores her duties and obligations to undertake the Office ofAttorney General, and as such must assuredly accede to the obligations and duties of her predecessors in office to maintain the secrecy ofprior gxand juries and thereby preserve the integrity ofthe function of the entire grand jury "system." 2 

### 19. Respondent filed a timely response to the Motion to Quash Subpoena, and in concert with such filing presented his "Schofield" Affidavit to the Court wherein Respondent articulated with precision the basis for which he sought the testimony before the 35th Grand Jury of Attorney General Kane. A copy of the "Schofiehr Affidavit, in didacted form to conform with the confidential nature of the 35th Grand Jury proceedings in view of Movant's right to review pleadings hereunder is attached hereto, made a part hereof and marked Exhibit C (the "Schofield Affidavit"). 20. For purposes ofconvenience to this Honorable Court, Paragraphs 9-12 are provided
as follows, to demonstrate the disciplined focus of the Respondent in seeking the testimony of Attorney General Kane:

9. The purpose in 

### seeking the testimony of Attorney General Kane under the subject subpoena, is to determine 

### if Attorney Kane maintains direct or inferential information on matters pertaining to the unauthorized disclosure of the existence and contents of the Confidential Information including without limitation: (a) what persons were present at the subject staff meetings and/or conferences; (b)whether she or others were aware of the presence of the Confidential Information at such
2 

### Moreover,it is asserted such an argument should be properly advanced by the Office ofthe Attorney General on behalf ofAttorney General Kane in furtherance ofher public office, and not by her private legal counsel. Pleading Under Seal of Court Page #5 of 12Nov 14 2014 15:39 Allen M Mandelbaum, Esq (610) 279-3005 page 12

staff meetings and/or conferences; (c)whether she or others were aware that the Confidential Information was at all times deemed private and confidential due its inclusion into the evidence of the 291h Investigating Grand Jury; (d) to explore whether Attorney General Kane maintains information to assist the Grand Jury in determining if the Confidential Information was reviewed, copied, possessed, discussed and/or distributed among one or rnore unauthorized third persons; and (e) the identity of those person(s) who impermissibly disclosed the 

### Confidential Information to rnembers of the press or the general public. 10. Upon reasonable inforrnation and belief, the Affiant hereby asserts that Attorney General Kane be compelled to testify and subject herself through the issued subpoena to a reasonable line of questioning on those issues as aforementioned, together with questions on concems that may arise in the development of her testimony and such testimony is proper and warranted under the circumstances. 11. The Affiant hereby certifies that the testimony of Attorney General Kane is either: directly relevant and material to the investigation undertaken by 35th Investigating Grand Jury; or upon information and reasonable belief will lead to relevant and material information relating to the unauthorized disclosure of the Confidential Information. 12. The Affiant hereby states that the service of a subpoena upon Attorney General Kane for her testimony is warranted under the circumstances, represents a goodfaith basis for compelling such testimony, and that Affiant seeks such testimony for no other inappropriate basis.
21. 

### In view of the Motion to Quash Subpoena and response of Respondent thereto, Supervising Judge Carpenter scheduled a Hearing in Camera among all parties. 22. Such Hearing in Camera was conducted on 10/14/14, at which all parties were represented, and resulted in Supervising Judge Carpenter's Order of 10/24/14 wherein he granted Attorney General Kane s motion to review the Order appointing Thomas Carluccio as Special Prosecutor, together with a didacted copy of the Schofield Affidavit, while denying the Motion to quash the Subpoena No #1. 23. A copy of Supervising Judge Carpenter' s Order of 10/20/14 is attached hereto, made a part hereofand marked Exhibit D.

Pleading Under Seal of Court Page #6 of 12Nov 14 2014 1539 Allen M Mandelbaum, Esci (610) 279-3005 page 13



### SUBPOENA No #2 24. Respondent again issued a second subpoena to Attorney General Kane on 9/25/14, calling for her testimony to be provided before the 35th Investigating Grand Jury on Tuesday, 10/21/14, a copy of which is attached hereto, made a part hereof and marked Exhibit C (Subpoena No #2). 25. The morning of the scheduled subpoenaed testimony, thnough her retained private legal counsel,Attorney General Kane again requested a rescheduling ofher testimony for three (3)days later that week on Friday, 10/24/14. 26. The basis for the rescheduling was due to Attorney General Kane having incurred physical conditions, notably a diagnosed concussion, she sustained in a reported motor vehicle accident. 27. The subject motor vehicle accident was first reported by 

### private counsel to Attorney General Kane,accompanied by no formal notification from the Office ofthe Attorney General. 28, Upon information and reasonable belief, Respondent asserts that no news report of the subject motor vehicle accident was issued by any news media until days after the accident and the scheduled 

### subpoenaed testimony. 29. Shortly before the rescheduled subpoenaed testimony on Friday 10/24/14, private counsel again requested an amicable accommodation to reschedule due to Attorney General Kane's continuing to be symptomatic to conditions associated with adiagnosed concussion.

Pleading Under Seal of Court Page #7 of 12Nov 14 2014 15:40 Allen M Mandelbaum, Esq (610) 279-005 page 14



### SUBPOENA No #3 30. Upon a lack of communication with private counsel to Attorney General Kane to reschedule her testimony, Respondent found it prudent to again issue a third subpoena to Attorney General Kane on 10/29/14, calling for her testimony to be provided before the 35th Investigating Grand Jury on Monday, 1 1/1 7/14, a copy of which is attached hereto,made a part hereofand marked Exhibit F(Subpoena No #3). 31. Without notice 

## of any issues to the issued subpoena for testimony before the 35th Grand Jury taken by Attorney General Kane,her private legal counsel elected to strategically file the underlying Application only days before her scheduled testimony on 11/12/14 — in what can only be characterized as an ongoing effort to avoid having to testify. 32. Again,the Application effectively seeks three grounds for relief, as follows: (i) to discharge the 35th Grand Jury,because ofthe assertions that: (a) that it was established not because ofan intent to explore an impermissible leak of information/documentation under seal pertaining to the 39th Grand Jury, but in reliance upon the deceptive statements presented by Frank Fina and E. Marc Constanzo purportedly for the ulterior objective of seeking protections from public disclosures that may well impugn their personal and professional reputations; and (b) effectively prevents the Office ofthe Attorney General to pursue an investigation into whether Fina and Constanzo engaged in misappropriation of professional time and equipment to disseminate "pornographic" material through email; (ii) to quash Subpoena No# 3 as moot in view of the discharge of the 35th Grand Jury; and (iii) to vacate the protective measures provided under Supervising Judge Carpenter's 9/1 7/14 Order under seal, a copy of which is attached hereto, Pleading Under Seal of Court Page #8 of 12Nov 14 2014 15:40 Allen M Mandelbaum, Esq (610) 29-005 page 15



### made apart hereof,and marked Exhibit G. (the "Protective Order")3 33. Notwithstanding, the arguments made in the Application, Movant has elected to raise a red herring, whereunder she misrepresents the principal purpose of empaneling the 35th Grand Jury — to investigate whether there was an impermissible release of information/documentation under seal pertaining to the deliberations ofthe 29th Grand Jury. 34. Put simply, the concerns raised by Movant pertaining to emails are simply not relevant to the ongoing deliberations ofthe 35th Grand Jury, and may well represent an ancillary distraction to the proceedings ofthe 35th Grand Jury.

THE POSITION OF THE SPECIAL PROSECUTOR ON WHETHER ATTORNEY GENERAL KANE IS SUBJECT TO A SUBPOENA TO TESTIFY BEFORE A GRAND JURY 35. The argument of Attorney General Kane that she is not subject to the subpoena because it is outside the purview ofthe Special Prosecutor is directly countered by application of 42Pa. C.S. §4548(a),which in relevantpart provides as follows:

§4548(a) Powers of investigating grand jury The investigating grand jury shall have the power to inquire into offenses against the criminal laws of the Commonwealth alleged to have been committed within the county or counties in which it is summoned. Such power shall include the investigative resources of the grand jury which shall include but not be limited to the power of subpoena, . 

### 36. The aforesaid statute provides no exemption ofpersons to whom a subpoena may be directed.

3 what the Movant has referenced as the "Protective Order" Pleading Under Seal of Court Page #9 of 12Nov 14 2014 15:40 Allen M Mandelbaum, Esq (610) 279-3005 page 16



### 37. Further, it is inconceivable that the chief prosecuting attorney within the Commonwealth may assert she is immune from the imposed obligation of confidentiality to all participants in a grand jury merely because she was not directly sworn-in as a witness. Indeed,it is asserted that the Attorney General is effectively and implicitly bound to the confidentiality imposed by all Investigating grand juries during their tenure of public service by simple operation oftheir held position. To suggest otherwise is to threaten the integrity ofthe judicial system.38. Moreover,42 Pa.C.S. §4542 provides authority to the Special Prosecutor to compel the attendance ofinvestigating witnesses,and provides in relevant part as follows:

§4542 Investigative resources of the grand jury "The power to compel the attendance of investigating witnesses; the power to compel the testimony of investigating witnesses under oath; the power to take investigating testimony from witnesses who have been granted immunity; the power to require the production of documents, records and other evidence.. ." 

### 39. In addressing the authority to subpoena a witness, Judge Savitt adroitly opined in his seminal publication, Pennsylvania Grand Jury Practice, quoted in IN RE: Special Investigating GrandJury ofApril 26, 1984, 37 PA.D &C 3d 516)1986 at page 520:

"It can be seen from a reading of these excerpts from the act that broad subpoena power is vested in the investigating authority. The rationale is apparent. Without such authority, how could a prosecutor effectively investigate and ferret out crime? To follow the narrow construction that appellants desire would have a chilling effect on any and all types of investigation. It would defeat the very purpose of the act.'' Judge Savitt, Pennsylvania Grand Jury Practice, §21.04(A)(3) at p. 92-93, §21.04(C)(3) at p. 96 (1983).

Pleading Under Seal of Court Page #10 of 12

### Nov 14 2014 15:41 Allen M Mandelbaum, Esq (610) 279-3005 page 17

THE SUPREME COURT'S DISPOSITION ON ATTORNEY GENERAL KANE'S PETITION FOR SUPREME COURT REVIEW FOR VACATING THE PROTECTIVE ORDER REMAINS OUTSTANDING 40. Further, it is respectfully submitted that no emergency exist here, that warrants the extraordinary powers ofthis Honorable Court be assurned. 41. Accordingly it follows that there should be no stay of the Subpoena for Attorney General Kane to testify before the 35th Grand Jury. 42. The record of the proceedings relating to these concerns is clear - Supervising Judge Carpenter has considered the concerns of Attorney General Kane towards her assertions the 35th Grand Jury should be terminated and the subpoena for her testimony should be quashed. 43. As stated, such concerns were addressed in a Hearing in-camera, and were denied under Supervising Judge Carpenter's Order of 10/20/14. 44. Relative to Movant's position that the Protective Order precludes her from investigating and publicly disclosing matters relating to the questionable emails, it is asserted that such claims are best pursued by Attorney General Kane,in the capacity ofher public office, through the Office ofthe Attorney General in accordance with TIIE INVESTIGATING GRAND JURY ACT,and specifically 42 Pa.C.S. §4549(b). 45. Accordingly,it is respectfully submitted that the Movant does not have proper legal standing to pursue having the Protective Order vacated. 46. Moreover, Attorney General Kane's Petition for Supreme Court Review for Vacating the Protective Order filed on 11/10/14 remains outstanding. 47. Under the applicable Rules of Court, the Special Prosecutor as Respondent thereto Pleading Under Seal of Court Page #11 of 12Nov 14 2014 15:41 Allen M Mandelbaum, Esq (610) 279-3005 page 18



### understands he has until December 1, 2014 to file its response. 48. In view ofthe strategic timing of the Application, the Special Prosecutor requires the full complement oftime to which he is afforded under the Rules ofCourt to respond. 49. Accordingly, it would be in the interests ofall parties to defer the Supreme Court's ruling on the Application until after addressing the Petition to Vacate the Protective Order, or consolidate the two concerns for a single Hearing. 50. For the reasons set forth above, it is respectfully submitted that the Emergency Applicationfor Extraordinary Relief filed by Attorney General Kane should be denied. WHEREFORE,

the Emergency Applicationfor Extraordinary Relief filed by Attorney General Kane should be DENIED,and Attorney General Kane should be held to honor the Subpoena to testify before the 35th Investigating Grand Jury on a date and time mutually agreeable to the parties, but no later than the end ofthe session for the 35th Grand Jury scheduled for December 2014.

Thomas E.Carluccio, Esquire Attorney I.D. No. # 81858 Plymouth Greene Office Campus 1000 Germantown Pike, Suite D-3 Plymouth Meeting,PA 19464-2484 (484)674-2899 Special Prosecutor of Investigating Grand Jury No. #35

DATED: 1 1 /1 4/2014
Pleading Under Seal of Court Page #12 of 12Nov 14 2014 15:41 Allen M Mandelbaum, Esq (610) 279-3005 page 19



# VERIFICATION I, Thomas E. Carluccio, Esq. as Special Prosecutor to the Investigating Grand Jury No #35 appointed by the Pennsylvania Supreme Court, do hereby state that after due diligence and investigation into the operative events underlying the subject matter of the Emergency Application for Extraordinary Relief (the "Application")filed ofrecord with the Court by the Attorney General Kathleen G.Kane,I hereby represent that the averments set forth in the foregoing Response to said Application are true and correct to the best ofmy knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.

Thomas E. Carluccio, Esquire Attorney I.D.No. # 81858 Plymouth Greene Office Campus 1000 Germantown Pike, Suite D-3 Plymouth Meeting,PA 19464-2484 (484)674-2899 SpecialProsecutor of Investigating GrandJuryNo. #35

Pleading Under Seal of CourtNov 14 2014 15:41 Allen M Mandelbaum, Esq (610) 279-3005 page 20



# - Íi Exhibit"A" [Order of5/29/14 of Supervising Judge Carpenter]Nov 14 2014 15:41 Allen M Mandelbaum, Esq (610) 27
- 9='3005 page 21



### IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY,PENNSYLVANIA
IN RE: 

# rnIF STATEWIDE INVESTIGATING GRAND JURIES : MONTGOMERY COUNTY COMMON PLEAS

: In Re:Powers and Responsibilities of : Special Prosecutor Exercising : Extraordinary Jurisdiction; on Allegations that : Secret Grand Jury or Related Information was Unlawfully and/or Negligently : Accessed/Released/Compromised 

### ORDER AND NOW, this 29th day of May, 2014, after "preliminary investigation"; this court in its capacity as Supervising Judge of

- the 35th Statewide Investigating Grand Jury, finds there are reasonable grounds to believe a further more substantive investigation is warranted into allegations that statewide Grand Jury secrecy may have been compromised: It is therefore ORDERED and DIRECTED by this Court in accordance with the authority vested in it by the 1078 Pennsylvania Investigating Grand Jury Act of 1978,42 Pa. C.S. § 4541,et seq. and the procedural rules that followed (Pa.R.Crim.P 220, et seq.)as well as relevant case law; that THOMAS E. CARLUCCIO, ESQUIRE, be and is hereby appointed Special Prosecutor with full power, independent authority and jurisdiction to investigate and prosecute to the maximum extent authorized bY law any offenses related to any alleged illegal disclosure ofinformation protected by the law and/or intentional and/or.Nov 14 2014 15:42 Allen M Mandelbaum, Esq (610) 279-3005 page 22



## negligent violations and rules of Grand Jury secrecy as to a former Statewide Investigating Grand Jury,such as; I . 42 Pa. C.S. § 4.549(b) Disclosure of proceedings by participants other than "Witnesses..."all such persons shall be sworn to'secrecy, and shall be in contempt of court if they disclose/reveal any information which they are sworn to keep secret." 2. 18 Pa. C.S. § 5101 Obstructing administration of law or other govemmental function — "a person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach ofofficial duty. 3. Any other applicable offense.

It is FURTHER ORDERED by the Court that the Special Prosecutor: 1. Shall use any appropriate currently =paneled Grand Jury to investigate any alleged or suspected violations ofsecrecy or concomitant crimes related to such. 2. Shall have the right to request an application for an immunity order from the Attorney General. 3. Shall have the right to employ all appropriate resources including a rninimum of one investigator and ifnecessary, one support staff

. .Nov 14 2014 15:42 Allen M Mandelbaum, Esq (610) 279-3005 page 23

1P. 

## 4. Shall have day-to-day independence and will be free to structure the

investigation as he wishes and to exercise independent prosecutorial discretion whether, which and when any potential witness should be brought before the 

## Grand Jury and/or whether, which and when charges should be brought, including contempt ofcourt. .5. Shall be permitted, while serving as Special Prosecutor, to consult with past and present members of the Office of Attorney General and take such action as is necessary to ensure that matters he is investigating and/or prosecuting in his role as Special Prosecutor are brought to a successful conclusion, so long as such consultation/action does not present a conflict of interest with his duties as Special Prosecutor and/or violate the secrecy oath. 6. Shall be empowered to respond to interference with his investigation by also having authority to investigate and prosecute crimes committed in the course of, and with the intent to interfere with the Special Prosecution's investigation such as Perjury, Intimidation ofwitnesses 

## and other applicable and relevant violations ofthe law. 7. Shall comply with all relevant statutory and case law as well as all applicable canons ofethics. 8. Shall be removed from the position of Special Prosecutor only by the personal action 

## ofthe Grand Jury Judge and/or the Pa Supreme Court.Nov 14 2014 15:42 Allen M Mandelbaum, Esq (610) 219-
- 005 page 24



## 9. Shall be appointed for a period not to exceed six months from today, unless the Special Prosecutor makes a written request to the Court for an extension setting tbrth the reasons for the extension. 10.The Special Prosecutor shall be compensated at the rate of $65.00 an hour to be paid by the Commonwealth of Pennsylvania. The investigator/support staff chosen by the Special Prosecutor shall be compensated at the rate of $20.00 an hour. All those seeking compensation shall keep detailed records of time and services rendered. All shall provide the Supervising Grand Jury Judge with a monthly accounting oftime/services rendered. 11.Shall provide the Supervising Grand Jury Judge with periodic summaries ofany progress. 12.Submit a report addressed to the Pennsylvania Supreme Court, and the Supervising Grand Jury Judge, setting 

## forth any findings and recommendations 

## on any proposed statutory, rulemaking or recommended practices that would preserve the critical 

## requirement ofsecrecy in Grand Jury proceedings as well as insuring the rights of defendants to a fair trial and maintaining the integrity of our Grand Juries.Nov 14 2014 15:43 Allen M Mandelbaum, Esq (61b) page 25



## BY THE COURT: 

# 0,92tg WILLIAM R,CARPEN R, 

## J. Supervising Judge
Copies sent on May 29,2014 By First Class Mail to: Chief.Justice Ronald D.Castille Pennsylvania Attorney General Kathleen G.Kane 

## Thomas E.Carluccio,EsquireNov 14 2014 15:43 Allen M Mandelbaum, Esq (610) 279-3005 page 26



# Exhibit "B" [Subpoena No#1]NbV 14 2014 15:43 Alle`h M Mdétba (610i 2
- '/9
- -k$5 pege 27


# 114
STATEWIDE INVESTIGATING GRAND JURY



# SUBPOENA

TO: ATTORNEY GENERAL KATHLEEN KANE :SUPREME COURT OF PENNSYLVANIA :NO.176 M.D.MISC.DKT.2012 :MONTGOMERY COUNTY COMMON PLEAS :M.D.2644-2012
1. YOU are ORDERED to appear as a witness before the PENNSYLVANIA STATEWIDE INVESTIGATING GRAND JURY, 1000 Madison Avenue (corner of Trooper and Van Buren Roads), Third Floor, Norristown, Pennsylvania, on Thursday, September 18, 2014, at 8:00 O'clock A.M. to testify and give evidence regarding alleged violations of the laws of the Commonwealth ofPennsylvania and to remain until excused.
2. YOU are further ORDERED:



## FAILURE to attend may cause a warrant to be issued for your arrest and will make you liable under penalty of law for contempt ofCourt. DATED: September 11,2014 

# fa24, A? C?4,040,e.e,,

Hon. William R.Carpenter Supervising Judge If you have any questions about your appearance, contact Deputy Attorney General Thomas Carluccio,at 484.674.2899.

Notice: 123 Subpoena: 1388Nov 14 2014 15:43 Allen M Mandelbaum, Esci (610) 279-3005 page 28



# - = -1 ) Exhibit "C" [Schofield Affidavit of Special Prosecutor]Nov 14 2014 15:43 Allen M Mandelbaum, Esq (610) 279-3005 page 29



# AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF MONTGOMERY
BEFORE ME, the undersigned, personal/y appeared Thomas E. Carluccio, Esq. ("Aff lane), who upon first being duly sworn by me,deposed upon her/his oath and stated as follows: 1 I, Thomas E. Carluccio, Esquire, am the Special Prosecutor to the 35'h Statewide Grand Jury ("35'h Investigating Grand Jury"), and the Affiant hereunder. 2. Memorandum prepared by William Davis, Esq. Deputy Attorney General and assigned Prosecutor to the 291h Investigating Grand Jury- I hereby state that the 351h Investigating Grand Jury received testimony from one or more witnesses that a Memorandum prepared by William Davis, Esq. Deputy Attorney General and assigned Prosecutor to the 29th Investigating Grand Jury was made available within an office environment to staff and/or others, where the Memorandum was subsequently reviewed and delivered to unauthorized persons, including members ofthe press 3. Recorded and Transcribed Statement of Special Agent Michael Miletto - Moreover, I hereby state that 3.5th Investigating Grand Jury received testimony from one or more witnesses that a recorded and transcribed statement of Special Agent Michael Miletto pertaining to his activities and knowledge of particulars associated with the subject rnatter of the 29th Investigating Grand Jury was procured by one or more persons who did not participate in the said the 296' Investigating Grand Jury, and was subsequently reviewed and delivered to unauthorized persons, including members ofthe press. 4. For purposes of this Affidavit, I define the aforesaid Memorandum,and Recorded and Statement to be collectively referenced hereinafter as "ConfidentialRecords"and are subject to prohibitions on their singular and collective disclosure to third persons by operation of42 Pa.C.S. §4549(b). 5. The ConfidentialRecords contain information which clearly identifies facts, witnesses and events which are part of the 291h Investigating Grand Jury, all of which is deemed part of the sealed record of such Grand Jury, and as such is secret and confidential, subject to disclosure upon application to the appropriate overseeing court. 6. Any disclosure of the Confidential Records or information thereto to unauthorized persons may represent criminal act(s)under 42 Pa.C.S. §4549(b).and/or 18 Pa.C.S. §5101. 7. It was disclosed to the 35 1' lnvesti_atin Grand

v4b Page #1Nov 14 2014 15:44 Allen M Mandelbaum, Esq (610) 279-3005 page 30

9, The purpose in seeking the testimony ofAttorney General Kane under the subject subpoena,is to determiae if Attorney Kane maintains direct or inferential information on matters pertaining to the unauthorized disclosure of the existence and contents of the confidential Information including without limitation; (a)what persons were present at the subject staff meetings and/or conferences;(b)whether she or others were a.ware of the presence ofthe Confidential Information at such staff' meetings and/or eonferences; (c) whether she or others were aware that the Confider/fiat Information was at all times deemed private and confidential due its inclusion into the evidence of the 29'1 Investigatin5 Grand Jury; (d)to explore whether Attorney General Kane maintains information to assist the Grand Jury in determining ifthe ConfidentialInforrnaticm was reviewed, copied, possessed, discussed and/or distributed among one or more unauthorized third persons; and (e) the identity of those person(s) who impermissibly disclosed the Confidential Information to members ofthe press or the general public. 10. Upon reasonable information and belief, the Affiant hereby asserts that Attorney General Kane be compelled to testify and subject herself through the issued subpoena to a reasonable line of questioning on those issues as aforementioned,together with questions on concerns that may arise in the development of her testimony and such testimony is proper and warranted under the circumstances. 11. The Affiant hereby certifies that the testimony of Attorney General Kane is either: directly relevant and material to the investigation undertaken by 35th Investigating Grand Jury; or upon information and reasonable belief will lead to relevant and material information relating to the unauthorized disclosure ofthe ConfidentialInformation. 12. The Affiant hereby states that the service of a subpoena upon Attorney General Kane for her testimony is warranted under the circumstances,represents a good-faith basis for eompeiHng such testimony,and that Affiant seeks such testimony for no other inappropriate basis. 13. Affiant herein verifies that the statements in this Affidavitare both truthful and correct to the best of his knowledge, information and belief. Further, Affiant acknowledges that the statements made herein may be subject to the penalties of 18 Pa. C.S.A. 4904 relating to the falsification to authorities.

Thomas E. Carluccio, Esquire - Affiant Special Prosecutor for the 35th Statewide Grand Jury

SWORN TO AND SUBSCRIBED BEFORE mE THIS 1 DAY eXTOC 1 .10 OF ,2014

The Hon.William R. Carpenter

v4b Page # 2Nov 14 2014 15:44 Allen M Mandelbaum, Esc1 (610) 279-3005 page 31



# 2 Exhibit "D" [Order of 10/20/2014 of Supervising Judge Carpenter]Nov 14 2014 15:44 Allen M Mandelbaum, Esq (610) 279-3005 page 32



### IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, PENNSYLVANIA
IN RE: THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY : SUPREME COURT OF PENNSYLVANIA : NO. 176 M.D.M1SC OKT.2012 : MONTGOMERY COUNTY COMMON PLEAS : M.D. 1424-2014 : NOTICE NO. 123 ORDER
AND NOW,this 20th day of October, 2014,upon.consideration of the Motion to Quash Grand Jury Subpoena containing also a "Motion for the Production of the Order appointing Thomas Carluccio as Special Prosecutor and any documents related to that Appointment" filed by Amil M. Minora, Esquire and Gerald L Shargel, Esquire for Attorney General Kathleen Kane, the following ()rder is entered:

1. IT IS ORDERED that the Motion for the Production of the Order appointing Thomas Carluccio as Special Prosecutor and any documents related to that Appointment is GRANTED.

2. 

## rr Is ORDERED that after an in camera hearing was conducted in which arguments of counsel for Attorney Kathleen Kane and those of the Special Prosecutor were considered and their respective memorandurn
were reviewed; and after it was determined that a challenge to empanelment statements and submission notice were without anyNov 14 2014 15:45 Allen M Mandelbaum, Esq (610) 279-3005 page 33



### merit,and upon consideration of the "Schofield" affidavit, a redacted copy of which was furnished to Attorney General Kathleen Kane, which showed that the information sought from Attorney General Kane is relevant to the 35'h Statewide Grand Jury investigation,is within the Grand Jury's jurisdiction and that the information is sought in good faith and not for another purpose, therefore, the Motion to Quash Grand Jury Subpoena is DENIED.

IT 15 HEREBY ORDERED and DECREED that Attorney General Kane must appear before the 35''' Statewide Investigating Grand Jury to testify on Tuesday,October 21, 2014.

BY THE COURT:

WILLIAM R.CARPEN ER, J. Supervising Judge

Copies sent on October 20,2014 By Electronic Mail to: Thomas E. Carluccio, Esquire Amil M. Minora,Esquire Gerald L. Shargel, EsquireNov 14 2014 15:45 Allen M Mandelbaum, Esq (610) 279-3005 page 34



### IN THE COURT OF COMMON 

### PLEAS MONTGOMERY COUNTY,PENNSYLVANIA

TN RR: THE STATEWIDE : MONTGOMERY COUNTY COMMON PLEAS INVESTIGATING GRAND JURIES

: In Re:Povvers and Responsibilities of : Special Prosecutor Exercising : Extraordinary Jurisdiction; oa Allegations that Secret Grand Jury or Related Information was : Unlawfully and/or Negligently : Accessed/Released/Compromised


### ORDER

• 

### AND NOW, this 29th day of May, 2014, after "preliminary investigation"; this court in its capacity as Supervising Judge ofthe 35th Statewide Investigating Grand Jury, finds there are reasonable grounds to believe a further more substantive investigation is warranted into allegations that statewide Grand Jury secrecy rnay have been compromised: It is therefore ORDERED and DIRECTED by this Court in accordance with the authority vested in it by the 1078 Pennsylvania Investigating Grand Jury Act of 1978,42 Pa. C.S. § 4541,et seq, and the procedural rules that followed (Pa.R.Crim.P 220, et seq.) as well as relevant case law; that THOMAS E. CARLUCCIO, ESQUIRE, be and is hereby appointed Special Prosecutor with full power, independent authority and jurisdiction to investigate and.prosecute to the maximum extent authorized by law any offenses related to • any alleged illegal disclosure ofinformation protected by the Iaw and/or intentional and/or ..Nov 14 2014 15:45 Allen M Mandelbaum, Esq (610) 279-3005 page 35



## negligent violations and rules ofGrand Jury secrecy as to a former Statewide Investigating Grand Jury,such as; 1. 42 Pa. as. § 4549(b) Disclosure of proceedings by participants other than "Vitnesses..."all such persons shall be sworn te"secrecy, and shall be in contempt of court if they disclose/reveal any information which they are sworn to keep secret." 2. ]8 Pa. C.S. § 5101 Obstructing administration of law or other governmental function — "a person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach ofofficial duty. 3. Any other applicable offense.

It is FURTHER ORDER.ED by the Court that the Special Prosecutor: 1, Shall use any appropriate currently empaneled Grand Jury to investigate any alleged or suspected violations ofsecrecy or concornitant crimes related to such. 2. Shall have the right to request an application for an immunity order from the Attorney General. 3. Shall have the right to employ all appropriate resources including a minimum of one investigator and ifnecessary, one support staff.Nov 14 2014 15:46 Allen M Mandelbaum, Esq (610) 279-3005 page 36



# AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF MONTGOMERY
BEFORE ME, the undersigned, personally appeared Thomas E. Carluecio. Esq. ("Affiann, who upon first being duly sworn by me,deposed upon her/his oath and stated as follows: 1. I, Thomas E. Carluccio, Esquire, am the Special Prosecutor to the 35th Statewide Grand Jury ("35th Investigating Grand jury"), and the Affiant hereunder. 2. Memorandum prepared by William Davis, Esq. Deputy Attorney General and assigned Prosecutor to the 29111 Investigating Grand Jury- I hereby state that the 35th Investigating Grand Jury received testimony from one or more witnesses that a Memorandum prepared by William Davis,Esq.Deputy Attorney General and assigned Prosecutor to the 29th Investigating Grand fury was made available within an office environrnent to staff and/or others, where the Meinorandum was subsequently reviewed and delivered to unauthorized persons, including mernbers ofthe press 3. Recorded and Transcribed Statement ofSpecial Agent Michael Miletto - Moreover, I hereby state that 35th Investigating Grand Jury received testimony from one or more witnesses that a recorded and transcribed statement of Special Agent Michael Miletto pertaining to his activities and knowledge of particulars associated with the. subject matter of the 29th Investigating Grand Jury was procured by one or more persons who did not participate in the said the 291h Investigating Grand Jury, and was subsequently reviewed and delivered to unauthorized persons, including members of the press. 4. For purposes ofthis Affidavit, I define the aforesaid Memorandum,and Recorded and Statement to be collectively referenced hereinafter as "ConfidentialRecords" and are subject to prohibitions on their singular and collective disclosure to third persons by operation of42 Pa.C.S. §4549(b). 5. The ConjidewialRecords contain information which clearly identifies facts, witnesses and events which are part of the 291h Investigating Grand fury, all of which is deemed part of the sealed record of such Grand Jury, and as such is secret and confidentia/, subject to disclosure upon application to the appropriate overseeing court. 6. Any disclosure of the Cow?derilial Records or information thereto to unauthorized persons may represent criminal act(s) under 42 Pa.C.S. §4549(b).and/or / 8 Pa.C.S. §5101. 7. It was disclosed to the 35th Irivestiati

v4b Page it 1Nov 14 2014 15:46 Allen M Mandelbaum, Esq (610) 79-3005 page 37

9. The purpose in seeking the testimony ofAttorney General Kane under the subject subpoena, is to determine if Attorney Kane maintains direct or inferential information on matters pertaining to the unauthorized disclosure of the existence and contents of the Conficlential Information including without limitation: (a) what persons were present at the subject staff meetings and/or conferences;(b)whether she or others were aware ofthe presence ofthe ConfidentialInformation at such staff meetings and/or conferences; (c) whether she or others were aware that the Confidential Information was at all times deemed private and confidential due its inclusioli into the evidence ofthe 29'h Investigating Grand Jury; (d)to explore whether Attorney General Kane maintains information to assist the Grand Jury in deterrnining ifthe ConfidentialInformation was reviewed, copied, possessed, discussed and/or distributed among one or more unauthorized third persons; and (e) the identity of those person(s) who impermissibly disclosed the Confidential Information to members ofthe press or the general public. 10. Upon reasonable information and belief, the Affiant hereby asserts that Attorney General Kane be compelled to testify and subject herself through the issued subpoena to a reasonable line of questioning on those issues as aforementioned,together with questions on concerns that may arise in the development of her testimony and such testimony is proper and warranted under the circumstances. 11. The Affiant hereby certifies that the testimony of Attorney General Kane is either: directly relevant and material to the investigation undertaken by 35th Investigating Grand Jury; or upon information and reasonable belief will lead to relevant and material information relating to the unauthorized disclosure ofthe ConfidentialInformation. 12. The Affiant hereby states that the service of a subpoena upon Attorney General Kane for her testimony is warranted under the circumstances,represents a good-faith basis for compelling such testimony,and that Affiant seeks such testimony for no other inappropriate basis. 13. Affiant herein verifies that the statements in this Affidavit are both truthful and correct to the best of his knowledge, information and belief. Further, Affiant acknowledges that the statements made herein may be subject to the penalties of 18 Pa. C.S.A. 4904 relating to the falsification to authorities.

SWORN TO AND SUBSCRIBED BEFORE ME THIS 11 DAY OF CA.TCA3/1/2 ,2014 Thomas E. Carluccio, Esquire - Affiant Special Prosecutor for the 35th Statewide Grand Jury

6" \ Uf L9- 7 The Hon.William R. Carpenter

Page# 2Nov 14 2014 15:47 Allen M Mandelbaum, Esq (610) 279-3005 page 38



# Exhibit "E " [Subpoena No#2]-- Nov 14 (
-

11!tl. 1§47 Alien M Mandelbaum, Esq (610) 279-3005 page 39



# STATEWIDE INVESTIGATING GRAND JURY



# SUBPOENA

TO: ATTORNEY GENERAL KATHLEEN KANE :SUPREME COURT OF PENNSYLVANIA :NO.176 M.D.MISC.DKT.2012 :MONTGOMERY COUNTY COMMON PLEAS :M.D.2644-2012
1. YOU are ORDERED to appear as a witness before the PENNSYLVANIA STATEWIDE INVESTIGATING GRAND JURY, 1000 Madison Avenue (corner of Trooper and Van Buren Roads), Third Floor, Norristown, Pennsylvania, on Tuesday, October 21, 2014, at 8:00 O'clock A.M.to testify and give evidence regarding alleged violations ofthe laws ofthe Commonwealth of Pennsylvania and to remain until excused.
2. YOU are further ORDERED:



## FAILURE to attend may cause a warrant to be issued for your arrest and will make you liable under penalty oflaw for contempt of Court. DATED: September 25,2014 

# r A ?

Hon. William R. Carpenter Supervising Judge If you have any questions about your appearance, contact Deputy Attorney General Thomas Carluccio,at 484.674.2899.

Notice: 123 Subpoena: 1427Nov 14 2014 15:47 Allen M Mandelbaum, Esq (610) 279-3005 page 40



# [21 Exhibit "F" [Subpoena No#3[Nov 14 2014 15:47 Allen M Mandelbaum, Esq (610) 279-3005 page 41



# STATEWIDE INVESTIGATING GRAND JURY



# SUBPOENA

TO: ATTORNEY GENERAL KATHLEEN KANE :SUPREME COURT OF PENNSYLVANIA :NO.176 M.D.MISC.DKT.2012 :MONTGOMERY COUNTY COMMON PLEAS :M.D.2644-2012
1. YOU are ORDERED to appear as a witness before the PENNSYLVANIA STATEWIDE INVESTIGATING GRAND JURY, 1000 Madison Avenue (corner of Trooper and Van Buren Roads),Third Floor,Norristown,Pennsylvania,on Monday,November 17,2014 through Friday, November 21,2014,at 8:00 O'clock A.M.to testify and give evidence regarding alleged violations ofthe laws ofthe Commonwealth ofPennsylvania and to retnain until excused.
2. YOU are further ORDERED:



## FAILURE to attend may cause a warrant to be issued for your arrest and will make you liable under penalty oflaw for contempt ofCourt. DATED: October 29,2014 

# ;eel Æ

Hon. William R Carpenter Supervising Judge If you have any questions about your appearance, contact Special Prosecutor Thomas Carluccio,at 484.674.2899.

Notice: 123

• 

### Subpoena: 1502Nov 14 2014 15:48 Allen M Mandelbaum, Esq (610) 279-3005 page 42



# A- Exhibit "G" [9/17/14 Order of Supervising Judge CarpentelNov 14 2014 15:48 Alleh M Mandelbaum, Esq (610) 279-3005 page 43



## IN RE: ry,



## IN TI-IE COURT OF COMMON PLEAS MONTGOMERY COUNTY, •PENNSYLVANIA
: SUPREME COURT OFPENNSYLVANIA. ; NO.176 M.D.MISC.NCI.20.12 

## THETI-HRTY-FIFTH STATEWIDE : MONTGOMERYCOUNTYCOMMON
- PLEAS INVESTIGATING GRAND JURY : M.D.2644-2012 : NOTICE NO.123

ORDER AND NOW;this' VA'

day ofSeptember,2614,itis herebyORDEREDthat:the,attactied , 1.ederf.Septe. mber :hereby sealeci.

i•; 

## WILLIAM.R,CARPENTER:. .8üptvîšíi JOdke ThirtyFif

-th Statewide,IiWe

-

stigailig Q;
-arid.AiryNov 14 2014 15:48 Alleri M Mandelbaum, Esq (6.10) 279-3Q05 page 44



### IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, PENNSYLVANIA
IN RE: : SUPREME COURT OF PENNSYLVANIA * : NO.176 M.D.MISC

# mcr.2012 THE TH1RTY-FIVE STATEWIDE : MONTGOMERY COUNTY COMMON PLEAS INVESTIGATING GRAND JURY •: M.D.1424-2014 : NOTICE NO. 123 

### ORDER AND NOW,this 17th day of September, 2014, in the exercise of its discretion after an in camera hearing and a finding of substantial evidence, this Court issued a Protective Order;And upon consideration of the Motion for Reconsideration filed by the Office of Attorney General relating to the Order ofCourt issued August 27,2014, IT IS ORDERED that the Motion is GRANTED in part as to Paragraphs 2 and 5' of said Order, and'the following persons only shall be subject to Paragraphs 2 and 5 of said Order: 1. Any person who has been sworn to Grand Jury secrecy.



### 2. Any person who has or had access to any Grand Jury information. 3. Any person 

### associated with the J. 

### Whyatt Mondesire proceedings and investigation. Additionally, Paragraph 7 of said Order is modified to allow communication regarding the Order with 

### counsel for a person subject 

### to the Order,for purposes ofappeal, 

### and for any other, similar purpose required by law,Nov 14 2014. 1548 Allen M Mandelbaum, Esq (610) 279-3005 page 45

....... •••



### BY THE CO`ORT:

WILLIAM R.CARPEN ER, J. Supervising Judge
Copies sent on September 1710-4 By Firsf;Oass Mail toz Thonias E.Carluccio,Esquire 3:ames Barker,EsquireFILED 11/18/2014 Supreme Court Middle District



### IN RE: THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY PETITION OF: ATTORNEY GENERAL KATHLEEN G.KANE UNSEALED PER ORDER OF THE COURT DATED AUGUST 26, 2015

### IN THE SUPREME COURT OF PENNSYLVANIA HARRISBURG DISTRICT IN RE: THE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OF PENNSYLVANIA NO. 176 M.D.MISC.DKT.2012 MONTGOMERY COUNTY COMMON PLEAS M.D.2644-2012 Docket No.175 MM 2014

AFFIDAVIT OFAMU, M. MINORA,ESQUIRE Pursuant to Pennsylvania Rule ofCivil Procedure 1012.1(d)(2),I declare that the following facts aretrue,to the best ofmy knowledge,information and belief: 1. After reasonable investigation,I believe Gerald L.Shargel,Esq.is a reputable and competent attorney and I am in a position to recommend Gerald L.Shargel,Esq.'s admission. 2. I aver that the information required by Section 81.504 ofthe IOLTA regulations has been provided to the IOLTA Board. 3. Thefee required by Section 81.505(a)ofthe IOLTA regulations has been paid and a copy ofthe fee payment certification from the IOLTA Board is attached. 4. I sponsored Gerald L.Shargel's admissionpro hac vice in a related matter before the Montgomery County,Pennsylvania Court ofCommon Pleas,captioned M.D. 2644-2012. 5. I aver thatany proceedsthatare received from this representation ofAttorney General Kathleen Kane in which Gerald L.Shargel,Esq. is granted admissionpro hac vice shall be received,held,distributed and accounted for in accordance with Rule 1.15 ofthe PennsylvaniaRules ofPJ ssional Conduct,including the IOLTA provisions thereof,ifapplica

COMIVIONWEALTFI OF PENNSYLVANIA COUNTY OF 

### Amil M.Mi ,Esquire

: SSOn this ay ofNovember,2014,before me,a Notary Public,the undersigned officer,personally appeared,

AmilM.Minora,Esquire,known to me(or satisfactorily proven)to be the person whose name is subscribed to the within instrumentand acknowledge the sameto her act and deed for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.

COMMONWE LTH OF PENNSYLVANIA

Notarial Seal Nancy M.Haggerty, Notary Public City ofScranton,Lackawanna County My Commission Expires May 13,2015 MEMBER,PENNSYLVANIA ASSOCIATION OFNOTARIES

# Ap

.pettate Divon of the *Upton)/(fond of the *tate of New Mork Oerrinb aluiskiat Bepartntent

31,Aprilame Agostino, Clerk of tt, Appellate Dion of tile Oupretne Cunt of tire *tate of New Mork, etconb Xubicial Department, Ito tFereby certify tbat Gaunt Einurence*Iyargel urns bully anb atunitter to practice as an Attorney anti Tounselor-at-Eam in aft tilt courts of tlire *tate,amrbing to tile taws of tIle *tate anù tire court mires mai orbgvas on tile L tlf bay of Derenther 1009, Imo bully taktu anti subscribeit tt,e nab of office prestribeb by tant, been enrollat in tire 1011 of Attorneys unit Counselors-at-Emu on file in my office, Ilaz buly registereb tiitI tIE tOntinistratine office of tile courth,anb accorbing to tile recorbs of tlifis court is in goat stanbing as an Attorney mat Tounselor-at-Kant
itneos IR hereof, I have hereunto get Ing halal IiI fixeb the seat uf 

### Appethrte Divioion on Nouember 14, 2014.

Mak of the (Court

### IN THE SUPREME COURT OFPENNSYLVANIA HARRISBURG DISTRICT IN RE: TICE THIRTY-FIVE STATEWIDE INVESTIGATING GRAND JURY SUPREME COURT OFPENNSYLVANIA NO. 176M.D.MISC.DKT.2012 MONTGOMERY COUNTY COMMON PLEAS M.D.2644-2012 DocketNo.175 MM 2014

AFFIRMATION Gerald L. Shargel,being duly sworn,states under thepenalty ofperjury that the following is true and correct:
I. Iam an attorney duly licensed to practice inNew York State. I wasfirst admitted to theNew York State bar in December,1969. MyNew York State Bar IdentificationNumber is 1068915.I subnaitthis affirmation in supportofmy application for admissionpro hac vice in the above captioned matter. I am also authorizedto practice in the followingjurisdictions: a. Eastem District ofNew York (January 8, 1971) b. Southern District ofNew York (January 11, 1971) c. United States CourtofAppeals for the Second Circuit(January 12,1971) d. United States CourtofAppealsforthe Third Circuit(September 7,1977) e. United States Court ofAppeals for the Fifth Circuit(July 8, 1974) f. United States Court ofAppealsfor the Ninth Circuit(January 9,1980) g. Supreme Courtofthe United States (October 23,1973) III. Ihave been admitted to pfacticepro hac vice in the DistrictofNew Jersey,the Northern District ofFlorida,the Eastern District ofPennsylvania,and the Eastern District ofVirginia. IV. Ihaveneverbeen suspended,disbarred,or otherwise disciplined in any jurisdiction. V. Ihavenever been subjectto any disciplinaryproceedings in any jurisdiction. VI. I am admittedpro hac vice in arelated matterbefore the Montgomery County, Pennsylvania CourtofCommon Pleas,captioned M.D.244-2012. 1

### VII. I will comply with and be bound by all applicable statutes,case law,and procedural rules ofthe Commonwealth ofPennsylvania,including the PennsylvaniaRules ofProfessional Conductand will submitto thejurisdiction of the Pennsylvania courtsand the Pennsylvania Disciplinary Board with respectto acts and omissions occurring during my appearance in this matter. VIII. I consent to the appointmentofAmil Minora,Esq.,700Vine Street,Scranton,PA 18510,as the agentupon whom service ofprocess shall bemade for all actions, including disciplinary actions,thatmay arise out ofthe practice oflaw in this matter.
Dated:November7i 2014 New York,

2 

## / ro rShargelFrom:

Sent: To: Subject:

PA IOLTA Board P.O.Box 62445 Harrisburg,PA 17106..2445 www.patolta.org 

### Thank you for your order!

a i44

7 *
— Merchant: Description: Invoice Number: customer ID: Isabelle Wozniak <isabelle.wozniak@pacourts.us> Friday,November 14,2014 2:43 PM Shargel,Gerald L Pennsylvania Interest on Lawyers Trust Account Board Customer Receipt/Purchase Confirmation

- Pemtsylvania Interest onLawyersTrust AccountBoard Pro Hac ViceApplication Fee PHV20141114144148 NY1068915 BillingInformation Gerald Shargel 132E.72nd St. New York,NY 10021 gsharnel@winstoncom 212-294-2637 Fax:212-294-4700

DateiTime: TransactionID: Shipping Information

7—tt 14-Nov-2014 14:43:02EST 6666414928 The total includesa $2.75conveniencefee. MVZ -v.

Total: US $202.7.5

• -,-4 ,4,- 4x ,- 4:70 Pep4.1g, v 4 zt'QV

1SUPREMECOURT OF PENNSYLVANIA 

## PENNSYLVANIA INTEREST ON LAWYERS TRUST ACCOUNT BOARD November 17, 2014
GERALD L SHARGEL,Esq. WINSTON & STRAWN LLP 200 PARK AVE. NEW YORK,NY 10166 SENT TO GERALD L SHARGEL VIA Email: GSHARGEL@WINSTON.COM
Dear Attorney SHARGEL: This letter serves as the fee payment certification referenced in 204 Pa Code §81.503 and acknowledges receipt of the $200.00fee paid by Online Payment on this date related to your pursuitfor admission pro hac vice in the case identified as in re:The Thirty-Five Statewide Investigating Grand Jury, no. 175 MD 2014,filed in the Supreme Court of Pennsylvanra. You should refer to Pa Rule of Civil Procedure 1012.1, local court rules,and other regulations of 204 Pa Code §81.501 et. seq.concerning additional requirements related to seeking pro hac vice admission. Sincerely, 

# A idii,04e 7 14,ivad

Stephanie S.Libhart Executive Director
cc: AMIL MICHAEL MINORA,Esq. emitminora@gmail.corn

Pennsylvania Judicial Center 601 Commonwealth Ave.,Ste.2400 PO Box 62445,Harrisburg,PA17106-2445 717/238-2001 • 888/PA-1OLTA P4-6582)• 717/238-2003 FAX

paiolta@pacourts.us • www.paiolta.org Administering Pennsylvania's InterestOn Lawyers Trust Account(IOLTA)Prograrn

### IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

In Re: The Thirty-Five Statewide ' No. 175 MM 2014 Investigating Grand Jury
Petition of: Attorney General Kathleen G.: Motion for Admission Pro Hac Vice Kane
ORDER
AND NOW,this 19th day of November, 2014, the Motion for Admission Pro Hac Vice of Gerald L. Shargel is hereby granted.

Prothonotary UNSEALED PER ORDER OF THE COURT DATED AUGUST 26, 2015