Pennsylvania’s highest court considered whether the Legislature can move forward with an impeachment trial against Philadelphia’s progressive prosecutor, Larry Krasner. The court also deliberated whether determining what constitutes misbehavior in office should fall to the court or the lawmakers.
The decisions reached after Tuesday’s oral arguments in Harrisburg will shape the future of efforts to oust Krasner. He faces allegations over his handling of minor crimes, bail policies, and office management.
The impeachment of Krasner happened in November 2022, a year after winning re-election to a second term. Justice Kevin Brobson questioned the court’s involvement and suggested that securing the Senate’s two-thirds majority for convicting and removing Krasner is uncertain.
Justice Christine Donohue pushed for the Supreme Court to define misbehavior in office, stating that doing so would help solidify the grounds for removal.
On the other hand, Justice David Wecht opposed the argument that lawmakers should determine misbehavior. He mockingly compared impeachment to indicting a “ham sandwich,” suggesting that different definitions could apply, undermining the legitimacy of the process.
Krasner claimed that the impeachment targeted his policies, and a lower court issued a split ruling in the matter. Lower-court judges rejected two challenges, but agreed that the impeachment articles didn’t meet the state constitution’s definition of misbehavior in office.
Krasner has appealed the Commonwealth Court’s decision, seeking reconsideration. The Republican representatives behind the impeachment and the GOP-controlled Senate leadership also appealed, contending that impeachment proceedings could continue into a new legislative session because Krasner, as a district attorney, receives state funding.
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Brooke Schultz is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
