What we know about the federal investigation of the DA's office
Grand jury subpoenas followed a federal judge's referral in a 2009 murder case. No one has been charged, and District Attorney Larry Krasner says he has done nothing wrong.
The U.S. Justice Department has opened a criminal investigation into the Philadelphia District Attorney's Office and sent grand jury subpoenas, according to two people with knowledge of the probe, the Inquirer reported Oct. 20. Fox News first reported the subpoenas. The inquiry focuses on possible obstruction of justice. No one has been charged.
The DA's office handles criminal prosecutions across the city. The Inquirer's morning newsletter called a federal probe of the office "virtually unprecedented."
How it started
The case began in federal court with a habeas petition from Dennis Johnson, who is trying to overturn his 2009 murder conviction.
- In September, U.S. District Judge Paul S. Diamond issued a 40-page memorandum. He referred the office, District Attorney Larry Krasner and Matthew Stiegler, chief of the office's Conviction Integrity Unit, to federal prosecutors, 6abc reported.
- Diamond wrote that Krasner and Stiegler "may have violated the law," according to 6abc. He said testimony raised the possibility that they pressured prosecutors to present what he called a false narrative to the court.
- The dispute grew out of the office's attempt to reverse its earlier support for throwing out Johnson's conviction, after filing errors by a staff member came to light, the Inquirer reported.
- Krasner and Stiegler have been removed from the Johnson case, 6abc reported.
These are a judge's findings and a referral. They are not charges, and they have not been tested by a jury.
What the subpoenas sought
One subpoena asked for documents and emails tied to the Johnson case, the Inquirer reported. One source said the subpoenas were aimed at the office broadly, not at particular witnesses or targets. Federal prosecutors in Philadelphia and Justice Department spokespeople in Washington declined to comment, the Inquirer reported.
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What Krasner says
Krasner has denied wrongdoing. He told the Inquirer he could not discuss a grand jury matter because those proceedings are secret, adding, "I follow the rules." In court filings he said Diamond's analysis "rests on nothing of substance," and he has said he expected his public opposition to the Trump administration might make him a federal target, the Inquirer reported. After the referral, Krasner said he "respectfully and vigorously" disagreed with the findings and planned to appeal, 6abc reported.
Where City Hall fits
The district attorney is elected separately from the mayor and Council. The Parker administration made that point to Congress in May, when then-City Solicitor Renee Garcia wrote that the DA's and sheriff's statements "are wholly separate" from the administration's, the Inquirer reported. That letter concerned immigration, not this case.
We checked the titles of every bill and resolution introduced since Council returned Sept. 17. None concerns the DA's office or this investigation. No Council hearing on it is on our calendar.
What's next
Grand jury proceedings are secret, so the public may learn little until prosecutors decide whether to bring charges. The Inquirer noted that an investigation does not guarantee charges against anyone. Diamond recently denied Krasner's request that he step aside from the Johnson case, and that case continues.