DOJ sends grand jury subpoenas to DA Krasner's office judge's referral: report

PHILADELPHIA - The Justice Department sent grand jury subpoenas to Philadelphia District Attorney Larry Krasner's office, according to FOX News.

A federal judge recently disqualified Krasner and an aide from a key murder conviction challenge and reoffered them for criminal investigation.

What we know:

Two sources brief on the subpoenas say they are related to potential obstruction of justice relating to the handling of cases before federal judges, FOX News reports. The sources, they add, said the subpoenas came as a result of a federal judge referring Krasner and his top deputy to the DOJ for possible criminal investigation.

The backstory:

Judge Paul Diamond issued the disqualification order Tuesday, removing Krasner and Conviction Integrity Unit Chief Matthew Stiegler from involvement in the case of Dennis Johnson, who is contesting his 2009 second-degree murder conviction. Judge Diamond ruled that both Krasner and Stiegler acted to protect their own interests rather than those of the Commonwealth of Pennsylvania.

He referred Krasner and Stiegler to federal prosecutors for a possible criminal investigation, citing potential violations that could include perjury and obstruction of justice, according to the court record. 

The judge stated that the record presented "credible evidence" amounting to conduct that may violate federal statutes involving false statements, false declarations under oath, perjury, obstruction of justice and conspiracy.

The judge's findings were based on testimony from multiple supervisors inside the DA's office. He wrote that both Krasner and Stiegler tried to shift blame for errors in a concession brief in Johnson's case, sought to protect the office's reputation, and discouraged full investigation into the matter.

Neither have been charged. Diamond also disqualified Krasner and Steigler from the case but declined to disqualify the entire DA's office.

Dig deeper:

The legal dispute grew out of Dennis Johnson's efforts to overturn his conviction in the 2007 murder of Kenyatta Smith. Johnson was convicted by a Philadelphia jury in 2009 of second-degree murder, robbery and a firearms offense. The case later became the subject of a habeas petition, and disputes within the DA's office emerged about how the case was being handled.

Supervisors within the DA's office flagged what they called disabling conflicts of interest and alleged inappropriate conduct by both Krasner and Stiegler. Witnesses testified that Krasner pressed to "protect the office" rather than address errors made in court filings, and discouraged referring the case to outside authorities, even as his own staff warned of conflicts.

District Attorney Krasner responded to the judge's opinion with a statement defending his actions: "I respectfully and vigorously disagree with the court’s findings of fact and conclusions of law. I look forward to appealing to the higher court as soon as the law allows. This remains a pending matter, which limits for now my and my office’s ability to respond in the media," said Krasner.

The judge ruled that the Philadelphia District Attorney's Office could continue on the Johnson case, but only under new supervision, without Krasner and Stiegler's involvement. The rest of the DA's office was left on the case, pending new oversight.

What they're saying:

The court record details internal struggles within the DA's office in spring and summer, as supervisors and line attorneys raised concerns about conflicts and were urged to withdraw previous filings. Several attorneys resigned or withdrew from the case, citing pressure to take blame for errors and concerns about their professional reputations.

According to testimony, both Krasner and Stiegler were accused of trying to pin responsibility for errors on a junior attorney while resisting efforts to refer the matter to the state Attorney General or conduct a robust investigation. Supervisors described Krasner as repeatedly insisting that someone remain involved in the case "to protect the office," with one supervisor interpreting this as wanting to avoid outside scrutiny.

Judge Diamond's order concluded that Krasner and Stiegler had severe personal and professional conflicts that merited disqualification. The judge declined to bar the entire DA's office from ongoing participation in the case and instead placed it under new, independent supervision.

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