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2024

Court upholds law taking jurisdiction over mass transit crimes from Philly's district attorney

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HARRISBURG, Pa. (AP) — The elected prosecutor in Philadelphia lost a court decision Friday in his lawsuit seeking to halt a law that directed the appointment of a special prosecutor by the attorney general's office to handle crimes on the city's mass transit system.

A divided Commonwealth Court turned down District Attorney Larry Krasner's argument that the law passed late last year by Republicans in the General Assembly, along with dozens of Democratic votes, violates the state Constitution.

Krasner, a Democrat, sued over the law in January, arguing it unconstitutionally stripped him of geographic jurisdiction, removed his core prosecutorial functions and other grounds.

“I’m not going to comment specifically on the various positions taken by the majority other than to say that we respectfully disagree with it and we look forward to the decision of the Pennsylvania Supreme Court,” Krasner said in a phone interview.

He said he plans an appeal to the state Supreme Court, which currently has five Democratic and two Republican justices.

The law gives the special prosecutor the ability to take over crimes “within” the Southeastern Pennsylvania Transportation Authority, known as SEPTA, and when that occurs, requires the district attorney to suspend investigations and proceedings and turn over the files to the special prosecutor.

It was passed amid concerns by some about crime in Philadelphia and their belief that Krasner's progressive policies have made the situation worse. Krasner argues he's prosecuted the vast majority of crimes that come to his office from SEPTA. Democratic Gov. Josh Shapiro signed the law.

Big-city progressive prosecutors across the United States have...