DA Larry Krasner files suit to quash state’s special SEPTA prosecutor as unconstitutional

Philadelphia District Attorney Larry Krasner filed suit Thursday in an effort to block as unconstitutional a Republican-sponsored state law that removes his authority over crimes around SEPTA property and gives that power to a special prosecutor appointed by the state attorney general.

The measure is the latest attempt by Harrisburg to limit or strip powers from Krasner, a progressive prosecutor whom conservatives accuse of prioritizing criminal justice reform over fighting crime. It’s a new chapter in a long-running fight that now threatens to overshadow the seemingly unrelated issue of stable state funding for public transit.

Some Krasner supporters also suggested Thursday that the episode had dampened their enthusiasm for Democratic Gov. Josh Shapiro, who signed the bill into law last month as part of an overall state budget deal.

During an hour-long news conference at his office, Krasner and a host of supporters, including several other elected Democrats, criticized the law as a politically motivated, improper attempt to remove power from an official elected twice by voters.

Krasner said the bill was written by right-wing GOP legislators “who know nothing about Philadelphia,” would need a GPS to get there, and were primarily interested in seeking to undermine democracy in the state’s most racially diverse city.

”It’s got nothing to do with SEPTA,” Krasner said. ”This is 100% about eliminating, erasing, and normalizing the elimination and erasure of votes.”

Republicans say the goal of the law, which had bipartisan support, is to improve public safety and help SEPTA increase ridership amid rampant public concern about crime and disorder on city transit.

“Ensuring public safety is paramount,” said Senate Majority Leader Joe Pittman (R., Indiana). “It’s time DA Krasner stops playing political games and starts working with Republicans and Democrats alike to make sure America’s sixth largest city is safe.”

The practical impact of the law remained murky Thursday, and it was not clear when the matter might be considered by the Commonwealth Court. Still, Krasner’s lawyers said the language in the bill was ripe for review not only because it was unprecedented in Pennsylvania history — but also because it could be interpreted in ways that strip powers from Krasner well beyond SEPTA, including by authorizing the special prosecutor to handle cases that happen near a public transit line, and not strictly on it.

“That law is potentially of enormous scope,” said lawyer John Summers.

Shapiro, a centrist former attorney general, signed the special-prosecutor provision last month as part of a negotiated state budget package. Legislation to raise an additional $295 million for SEPTA and other transit agencies failed to make it into that deal.

Facing a Media+List&utm_campaign=5c01d9bc4c-EMAIL_CAMPAIGN_2020_07_22_01_40_COPY_01&utm_medium=email&utm_term=0_3be4269e47-5c01d9bc4c-17030105" target="_blank">$240 million annual deficit, SEPTA officials are preparing for deep service cuts as a result. The agency projected that it would receive $190 million under the stalled funding bill, which drew criticism from public transit advocates.

“A politically motivated attack on Philly’s democratically elected district attorney does not help SEPTA, its workers, or the nearly 700,000 riders who rely on the regional transit system every week,” said Steph Davis, chair of the urbanist group 5th Square, urging quick enactment of the extra funding.

The proposal that was discussed in December would increase the allocation of state sales-tax revenue for all public transit agencies to 6.4%, up from 4.4% — though the tax itself would remain the same.

“We strongly believe that Governor Josh Shapiro should have been working hard to pass something that actually matters — funding for public transit,” the Philadelphia Transit Riders Union said in a statement. “Transit riders statewide are waiting for the governor to sign into law legislation that will be transformative and life changing.”

SEPTA officials said the structural deficit would begin to affect spending July 1, the start of its budget year. They and some lawmakers hold out hope that the legislature and governor can find funding help before any cuts would have to be made.

Funding was a key question regarding the special prosecutor appointment, as well. Several officials noted that the city was required to pay for part of the service even though no one had requested it.

Attorney General Michelle Henry, who is responsible for making the appointment, said in a statement Thursday afternoon that her office “did not request such prosecutorial power, nor did it advocate for such power.” But she said her office is nonetheless obligated to fulfill what she called a legislative mandate “unless and until a court of law declares [it] unconstitutional.”

The deadline to appoint a special prosecutor is Jan. 13, though it remains unclear what the person might do if a lawsuit about the position’s legality were pending in the courts.

Henry also said: “Our office has worked to meet the mandate to appoint a special prosecutor, but given the narrow requirements set by the legislature we have thus far been unable to do so.” She did not elaborate.

State Sen. Wayne Langerholc (R., Cambria), who wrote the provision for the special prosecutor, said the measure was not tied to the GOP’s impeachment of Krasner, which the Senate indefinitely suspended last year before trial when a state appeals court ruled that the House did not allege any impeachable offenses.

Still, Krasner and his supporters viewed the situation differently.

The Rev. Mark Kelly Tyler, of Mother Bethel AME Church, said he believed the bill was an attempt by Republicans to improperly invalidate the votes of city residents — and he criticized Shapiro for signing it, particularly because Shapiro has positioned himself as a public champion of protecting democracy.

“You can’t depress people’s votes on the one hand and then expect them to turn out on the other hand,” Tyler said, later adding: “Even if you can’t stop it, you didn’t have to sign it.”

City Councilmember Jamie Gauthier said the bill was “nothing more than political theater,” written by legislators who are not from the city and who “don’t know our communities, they don’t know our people.”

Krasner, meanwhile, said he believed the law could have a variety of unintended consequences. If the courts ultimately find that the special prosecutor’s appointment is unconstitutional, for example, any actions the prosecutor takes — including possibly convicting people — could be overturned or thrown out later, he said.

And the DA saved perhaps his most pointed comments for those lawmakers supporting what he called an “undemocratic” provision, saying they were willfully failing to respect the will of Philadelphia voters.

“Any elected official who will not stand up for that is not a profile in courage, that is a profile in cowardice,” he said. “Any elected official who will not stand up for that does not deserve to be an elected official.”