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House Republicans want to investigate Larry Krasner over handling of Rep. Kevin Boyle’s withdrawn warrant

Philadelphia officials issued a warrant for Boyle's arrest a week before the April 23 primary and then withdrew it the day before election day. Boyle, a Northeast Philadelphia Democrat, lost the race.

District Attorney Larry Krasner, at SOUTH Restaurant & Jazz Club, in Philadelphia on election day on April 23.
District Attorney Larry Krasner, at SOUTH Restaurant & Jazz Club, in Philadelphia on election day on April 23.Read moreJessica Griffin / Staff Photographer

HARRISBURG — Top Republican leaders in the Pennsylvania House said Tuesday that they want the attorney general’s office to investigate how Philadelphia law enforcement bungled a now-withdrawn arrest warrant for State Rep. Kevin Boyle just days before April’s primary election — and whether their actions violated the state’s election laws.

House Minority Leader Bryan Cutler (R., Lancaster) submitted a letter to Pennsylvania Attorney General Michelle Henry asking her to investigate District Attorney Larry Krasner and his office following a number of missteps in a domestic-related case that fell apart less than 24 hours before voters went to the polls that may have impacted the outcome of the election.

Republicans’ call for an investigation comes two weeks after Boyle lost the Democratic primary in his Northeast Philadelphia state House district to Sean Dougherty, who entered the race amid concerns about Boyle’s mental health.

It also represents House GOP leaders’ latest effort to attack Krasner, a progressive prosecutor whom they blame for an increase in violent crime during his tenure. The House, under Cutler’s leadership, even took the unusual step of impeaching Krasner in 2022.

Krasner said Tuesday that this was just Republicans’ latest effort to persecute the city.

“We are back to the same story all day long — ‘let’s try to find a way to pick on Philly, let’s try to pick on an elected official in Philly, let’s try to demoralize and discourage Philadelphia votes,’” he said.

A week before the April 23 primary, Philadelphia police announced that a warrant had been issued for Boyle’s arrest for allegedly violating a protection-from-abuse order filed by his then-wife. According to her lawyer, Boyle had texted her multiple times asking to see his children and threatened to visit her lawyer’s home, which they believed was a violation of an existing order.

But that order was no longer active. It had been expunged two years earlier, as Boyle sought a seventh term representing parts of Northeast Philadelphia.

Krasner and Police Commissioner Kevin Bethel said law enforcement did not become aware of that fact until the day before the election. The DA’s Office withdrew the warrant, and Bethel said the matter was under internal investigation.

“As best we can tell, nobody lied. There is simply a gap in the information,” Krasner said at the time.

Boyle remains under investigation, Krasner said.

A spokesperson for Henry said Tuesday that the attorney general’s office had received the letter and would review it.

It remains unclear how such a large information gap could go unnoticed for nearly a week, and whether the detective assigned to investigate the case ever sought to verify the order’s existence before the police department recommended charges. Multiple sources close to the matter have said all parties involved — including lawyers involved in the previous case — believed that the order was legitimate, and called the blunder a misunderstanding.

But Republicans said they want answers. In the letter to Henry, Cutler and other top Republican leaders said “internal action is insufficient to address such a serious matter.”

Republican leaders said they want the attorney general to investigate how prosecutors approved the warrant without verifying they had probable cause to issue it.

“What we do not know is how this arrest warrant was issued with such a substantial error,” Cutler said at a news conference Tuesday. “We do not know what was the motivation behind making a major announcement about the warrant being withdrawn on the eve of the election, after a week’s worth of mail-in votes were cast.”

When asked whether the Philadelphia police and its detective on the case — who are responsible for recommending charges to prosecutors — should also be investigated, Republican leaders said they believe Krasner’s office is the main agency that should be investigated. State Rep. Martina White (R., Philadelphia) said they “want to make sure all the proper procedures were followed.”

On Tuesday, Krasner criticized the Republicans who signed onto the effort to investigate the handling of the warrant against Boyle.

“We are dealing with a group of people who have no love for democracy,” he said. “It smacks of opportunism. They’re trying to weaponize anything and come up with fictional conspiracy theories.”

Andrew Montroy, Boyle’s lawyer, previously said the flawed warrant and media coverage surrounding it “caused tremendous professional damage to my client.” He could not immediately be reached for comment Tuesday.

The warrant had more than just legal implications for Boyle.

It led Boyle’s brother, U.S. Rep. Brendan Boyle (D., Pa.), to put out an emotional statement about how his brother’s unspecified mental health condition has been “a nightmare for me and our family.”

News of Boyle’s impending arrest also caused partisan disagreement on the state House floor, as Democrats hold only a one-seat majority and Republicans argued that Boyle should not be allowed to cast a vote while a warrant was out for his arrest. (Democratic leaders contended that they could continue to vote on Boyle’s behalf under an agreement that all lawmakers sign at the start of a legislative session allowing legislative leaders from each caucus to vote on behalf of their members when they are not present.)

House Democrats took a step toward expelling Boyle from the House after the warrant was issued. No further action has been taking on that measure since the warrant was withdrawn.