As released by the Office of the Attorney General.

HARRISBURG — Attorney General Kathleen G. Kane today issued the following statement:

Last Friday evening, the Pennsylvania Judicial Conduct Board by its chief counsel, Robert A. Graci, made public allegations that the OAG did not previously provide the JCB with the Eakin emails that were sent to the JCB three weeks ago and which, subsequently, became the subject of a Philadelphia Daily News story. The JCB said, “The board believed that it had been provided with all such information when it concluded its prior investigation. However, recent revelations, including news accounts of emails sent to or from Justice Eakin's personal email account, demonstrate that the board was not provided with all of the information on the Attorney General's servers relating to that account."

Former Chief Justice Castille called this “outrageous”… constitute[ing] a violation of the Rules of Professional Conduct.”

The Pennsylvania Supreme Court subsequently issued a press release claiming that a number of the emails "were not made available" by my office last year.

After a thorough review of the FACTS regarding Supreme Court Justice Eakin’s private email account, with both verification by two deputy attorneys general and a senior supervisory special agent, as well as documentary evidence there is one clear and unequivocal conclusion: The JCB, Supreme Court Special Counsel Robert L. Byer, and the Supreme Court itself had access in 2014 to the emails reported by the Philadelphia Daily News and now in possession of Joseph Del Sole for review.

The facts are as follows:

1. On November 5, 2014, Robert Graci, Chief Counsel of the JCB, and investigators of the JCB viewed a disc containing the personal emails of Justice Eakins that contained numerous photos and videos that contain nudity. These emails were part of the complete set of emails my office sent to the JCB last month that ultimately were made public by the Philadelphia Daily News. They are as The Daily News has described them: “raunchy, sexist, [and] racist” and circulated among a “district attorney…first assistant district attorney, a county judge, a senior deputy attorney general, an assistant U.S. attorney and a U.S. Fish and Wildlife Service employee…a deputy clerk for a federal judge, a lawyer with the Pennsylvania Gaming Control Board and a second Common Pleas judge in Dauphin County.”

2. Mr.Graci, Beemer, and JCB investigators viewed these emails in the OAG office of Bruce Beemer, First Deputy Attorney General. The viewing was conducted and witnessed by a Senior Supervisory Special Agent.

3. Mr. Graci and JCB investigators were provided these email files on disc and left the OAG with them in hand on Nov.5, 2014. OAG retained a copy of the emails with attachments that were contained on this disc.

4. On December 8, 2014, Mr. Graci concluded his investigation of Justice Eakin and made a recommendation to the JCB.

5. On December 19, 2014, OAG received notification that Byer had suddenly concluded his investigation of Eakin emails and his report would be released publically within 30 minutes. OAG informed Mr. Byer that the investigation was not complete as of yet.

6. On December 19, 2014, the “Report of the Special Counsel Concerning Review of Email Messages Involving Supreme Court Justices and Office of Attorney general from 2008-2012”, commonly referred to as the Byer Report for its author, Robert L. Byer was made public. The Byer Report makes clear that it covered “[t]he additional 1,038 email messages that were sent to or from Justice Eakin’s personal account.” The internal report and subsequent review by OAG confirms this. Mr. Byer was given complete access to all of the Eakin private emails requested by Chief Justice Castille via an electronic vault set up by the OAG in November of 2014, records of Byer’s access into the vault confirm the same.

7. Folders were created by OAG in this vault for Byer with the categories, amongst others, “sexual forwards” and “non sexual forwards” for efficiency and ease of access. Records confirm this fact.

To conclude, Mr. Byer who was commissioned by then Chief Justice Castille had access to 1038 personal emails of Justice Eakin, which contained videos and photos described in news articles. Mr. Byer’s report fails to mention any questionable emails in his report. OAG vault records confirm Byer’s access and the exact emails. The JCB had in its possession and viewed a disc on Nov.5, 2014 containing numerous videos and photos containing nude women. Any allegation or statement that these two entities did not have the information because of any action of OAG is FACTUALLY incorrect.

Photo Kathleen Kane file.

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Published Wednesday October 14, 2015.

As released the the Communications Office of the AOPC.

Statement of Justice Michael Eakin:

It is disconcerting and embarrassing to find others searching years of private personal emails looking for and publicizing any insensitive content. I sincerely apologize for such content. Those who know me understand the items chosen for release do not reflect my character or beliefs, nor have they ever been part of my consideration of any case or business of the Court. I do not offer this as an excuse, and will continue to cooperate fully with the independent review by the Court and by the Conduct Board.

________________________

Published Monday October 12, 2015 at 1:50 pm.

Statement of the Supreme Court of Pennsylvania.

HARRISBURG — The Pennsylvania Supreme Court today issued the following:

The Supreme Court acknowledges that the news media is currently attributing a series of emails containing controversial content to the private email account of our colleague, Justice Eakin.

Members of the Supreme Court are disturbed by the content of the emails, as reported by the media.

Last year, after newspapers reported sources were indicating that “top jurists” were involved in an exchange of pornographic emails with members of the Office of Attorney General (the “OAG”), the Supreme Court retained Special Counsel to conduct an inquiry. The Court’s expectation at the time was that its Counsel would determine whether any emails in the OAG’s possession sent or received by any Justice contained pornography, revealed any relationships that could call into question the appropriateness of any Justice participating in certain cases, disclosed any ex parte communications, or otherwise showed that a Justice had violated the Pennsylvania Code of Judicial Conduct.

Upon the Court’s request that its Special Counsel be given access to all emails in the OAG’s possession involving any Justice of the Supreme Court, the OAG permitted Counsel to review a collection of emails sent or received between January 1, 2008, and December 31, 2012. This review remained under the OAG’s control; no copies of any emails were provided.

The process culminated in a report by Special Counsel dated December 19, 2014, in which he found no violations of the Code of Judicial Conduct or other improprieties by Justice Eakin. Counsel’s file memoranda, written at that time, confirm that the OAG was in full agreement with these conclusions. The report also is apparently consistent with an independent review conducted by the Judicial Conduct Board, which used its subpoena power to access emails within the OAG’s control. The findings of the Court’s Counsel, like those of the Board, were limited to the emails that the OAG actually produced for review, and they necessarily take into account the context of that limited review.

Recently, the Attorney General furnished a disc to the Judicial Conduct Board, with a copy to the Court, containing emails that she attributes to Justice Eakin. The Judicial Conduct Board has now confirmed that a number of the emails on these discs, and which are now being discussed in the media, were not made available by the OAG to either the Court’s Counsel or the Board in their previous review.

The Supreme Court of Pennsylvania aspires to maintain the highest ethical standards and the trust and confidence of the public at large. The Court has retained a new Special Counsel (due to its previous Counsel being ill), and a further report will be forthcoming. It is also the Court’s understanding that the Judicial Conduct Board is reviewing the matter in light of the new developments.

Photo Justice Michael Eakin file.

As released the the Communications Office of the AOPC.

Statement of Justice Michael Eakin:

It is disconcerting and embarrassing to find others searching years of private personal emails looking for and publicizing any insensitive content. I sincerely apologize for such content. Those who know me understand the items chosen for release do not reflect my character or beliefs, nor have they ever been part of my consideration of any case or business of the Court. I do not offer this as an excuse, and will continue to cooperate fully with the independent review by the Court and by the Conduct Board.