Philly DA Larry Krasner says a subpoena in the effort to impeach him is ‘illegal’ and ‘wholly illegitimate’

Philadelphia District Attorney Larry Krasner said his office will not comply with a subpoena issued by the state legislative committee searching for grounds to impeach him — calling the probe “illegal,” “anti-democratic” and politically motivated.

In an interview Tuesday, Krasner said the subpoena — issued earlier this month by a Pennsylvania House of Representatives committee investigating his office — was part of a “wholly illegitimate” attempt by the Republican-controlled chamber to undermine the will of Philadelphians who voted for him and his reform-oriented policies.

“This is a fraud,” said Krasner, a Democrat, adding: “They don’t get to choose [Philadelphia’s] leadership.”

Attorneys for Krasner said in a letter to the committee Monday that its efforts “repudiate the law of this Commonwealth” and “serve no valid legislative purpose,” among other criticism. As a result, they said, Krasner’s office “will not search for or produce any documents” in response to the subpoena. And although they said they were open to negotiations with the committee on the matter, Krasner was nonetheless blunt in his view of the committee’s goals.

“We’re not going to legitimize an illegal process,” Krasner said.

The maneuver marked the latest development in the effort to impeach Krasner, and was all-but-certain to heighten the political and legal fight playing out in the Capitol. The House moved largely along party lines in June to investigate the possibility of impeachment over what critics called Krasner’s “dereliction of duty” in addressing Philadelphia’s gun violence crisis.

» READ MORE: Pa. House to investigate Philly DA Larry Krasner’s office as Republicans hunt for impeachable offenses

Committee chairperson John Lawrence, a Republican who represents parts of Chester and Lancaster Counties, said it was “disappointing, but perhaps not surprising, that some have chosen to stonewall the work” of the committee.

“Baseless efforts to needlessly delay, discredit or disparage this work will not deter the committee from fulfilling its duties,” he said in a statement, though he did not specify what next steps the committee might take if Krasner continued to resist cooperating.

Jason Gottesman, spokesperson for House Republicans, called Krasner’s stance “profoundly troubling.”

And State Rep. Martina White, a Northeast Philadelphia Republican who has criticized Krasner in the past, said in an interview that the DA was “taking the position that he’s above not only the laws of our Commonwealth, but also the legislative body.”

“He had an opportunity here to showcase the work that he’s been doing … and instead, he veiled his office in more secrecy and ignored the legislative, lawful oversight of his office,” White said.

The Select Committee on Restoring Law and Order was formed in July and tasked with investigating, reviewing, and drafting a report on Krasner’s tenure amid a rise in violent crime in Philadelphia. It was created after some House Republicans, most from outside the city, criticized the DA as failing to sufficiently prosecute crime at a time when the city is facing a record-setting shooting crisis. Krasner has rejected that assertion and defended his tenure.

Four House Democrats voted in favor of the committee’s creation, including three from Philadelphia.

Lawrence was named chairperson. Fellow Republicans Wendi Thomas, of Bucks County, and Torren Ecker, of Adams and Cumberland Counties, were also appointed, as were two Philadelphia Democrats: Amen Brown and Danilo Burgos.

Brown and Burgos were not among the legislators who voted for the committee’s formation, but later said they welcomed an examination of gun violence in the city.

» READ MORE: Committee to investigate DA Larry Krasner’s office has been selected, and work will now begin

Krasner said Tuesday he believed the committee’s intention was not to explore crime or criminal justice. Instead, he said, he expected Republicans to use the process to attack him during an election cycle — while also threatening to remove an elected official over partisan differences, which he said is not a legally-sufficient basis for impeachment.

“I can hardly imagine anything more anti-democratic and more authoritarian than people who do not even live in Philly throwing out Philadelphia’s elected officials after a free and fair election,” Krasner said.

His lawyers also objected to some aspects of the subpoena, including a request for documents related to the prosecution of former city police officer Ryan Pownall, who is awaiting trial on murder charges, and a request for materials related to grand juries, whose proceedings are generally kept secret by law.

Impeachment has been rarely used in Pennsylvania. To succeed, the state House would have to approve the proposal by a majority vote, and the state Senate would then hold a trial, after which a conviction would require a two-thirds vote.

The last time an elected official was convicted by the state Senate was in 1994, when former state Supreme Court Justice Rolf Larsen was found to have improperly discussed cases with a Pittsburgh attorney.