PRINTER'S NO. 3458
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
227
Session of
2022
INTRODUCED BY LAWRENCE, SEPTEMBER 13, 2022
INTRODUCED, SEPTEMBER 13, 2022
A RESOLUTION
Finding that Philadelphia District Attorney Lawrence Krasner is
in contempt of the House of Representatives.
WHEREAS, The authority to enforce subpoenas of the House of
Representatives is found in section 11 of Article II of the
Constitution of Pennsylvania, the act of 1842 (P.L.491, No.19),
entitled "Witnesses Brought Before the Legislature," 18 Pa.C.S.
ยง 5110 (relating to contempt of General Assembly) and the
General Operating Rules of the House of Representatives; and
WHEREAS, The Chair of the Select Committee on Restoring Law
and Order, pursuant to House Resolution 216, Printer's Number
3313 (2022), is authorized, on behalf of the Select Committee,
to send for individuals and papers and subpoena witnesses,
documents, including electronically stored information, and any
other materials under the hand and seal of the chair on matters,
as further provided in House Resolution 216, relating to rising
rates of crime in the City of Philadelphia, including, but not
limited to, the enforcement and prosecution of violent crime and
offenses involving the illegal possession of firearms, the use
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of public funds for enforcing and prosecuting crime and to
benefit crime victims in Philadelphia; and
WHEREAS, On August 3, 2022, and in accordance with the
procedure and scope of authority set forth in House Resolution
216, the Chair, on behalf of the Select Committee, issued a
subpoena duces tecum on the Office of the District Attorney of
Philadelphia, Lawrence Krasner, seeking production of non-
privileged documents no later than August 22, 2022; and
WHEREAS, Service of the August 3, 2022, subpoena was declined
by the District Attorney's Office; and
WHEREAS, On August 8, 2022, the Chair, on behalf of the
Select Committee, issued an updated subpoena duces tecum
("Subpoena") to District Attorney Krasner's Office, seeking
production of non-privileged documents no later than August 22,
2022; and
WHEREAS, on August 9, 2022, counsel to District Attorney
Krasner and his Office accepted service of the Subpoena via
email; and
WHEREAS, On August 22, 2022, counsel for District Attorney
Krasner and his Office responded to the Subpoena, objecting to
every request and stating that the Office would not search for,
or produce, any responsive documents; and
WHEREAS, By letter dated August 24, 2022, the Chair, on
behalf of the Select Committee, more fully explained the
authority in support of the Subpoena and requested that the
Subpoena response be revised and that non-privileged documents
be produced by August 31, 2022; and
WHEREAS, By letter dated August 31, 2022, counsel for
District Attorney Krasner and his Office responded, declining to
revise the original response to the Subpoena and again refusing
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to search for and produce any documents; and
WHEREAS, On September 2, 2022, the Chair, on behalf of the
Select Committee, issued a Request to Show Cause to District
Attorney Krasner's Office ("Request"), which informed District
Attorney Krasner of the obligations of the Select Committee
under House Rule 51 and requested a response, by September 12,
2022, addressing why the Select Committee should not inform the
House of Representatives, as required in House Rule 51, of the
refusal to comply with the Subpoena, and further, why the House
of Representatives should not hold District Attorney Lawrence
Krasner in contempt of the House; and
WHEREAS, On the same day as the Request to Show Cause was
issued, District Attorney Krasner and his Office initiated an
action in the Commonwealth Court against the Select Committee
and its members seeking to quash the Subpoena and to stop any
investigative work of any nature under House Resolution 216; and
WHEREAS, On September 9, 2022, in response to a request for a
stay or a 10-day extension for the District Attorney to respond
to the Request to Show Cause, the Chair offered an extension
until Friday, September 16, 2022, under the condition that the
District Attorney withdraw the above-mentioned action in
Commonwealth Court without prejudice and work in good faith to
produce non-privileged records responsive to the Subpoena no
later than Friday, September 16, 2022; and
WHEREAS, On September 12, 2022, counsel for District Attorney
Krasner and his Office rejected the Chair's offer and indicated
a continued unwillingness to comply with the Subpoena; and
WHEREAS, On the same day that counsel for District Attorney
Krasner and his Office rejected the Chair's offer, counsel for
District Attorney Krasner and his Office submitted a response to
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the Chair's Request to Show Cause, citing many of the same
arguments previously raised to justify the noncompliance with
the Subpoena; and
WHEREAS, District Attorney Krasner's willful refusal to
comply with the Subpoena issued to his Office by the Chair on
behalf of the Select Committee obligates the Select Committee,
under House Rule 51, to report such refusal to the House of
Representatives, and recommends that the House of
Representatives consider contempt proceedings; therefore be it
RESOLVED, That the House of Representatives hold District
Attorney Lawrence Krasner in contempt; and be it further
RESOLVED, That any act of the House of Representatives or the
Speaker of the House of Representatives to enforce the contempt
shall proceed at such time as authorized by an additional vote
of the House of Representatives; and be it further
RESOLVED, That, upon adoption, the Chief Clerk shall transmit
a copy of this resolution to Philadelphia District Attorney
Lawrence Krasner.
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