Faith leaders, Krasner supporters rally opposition to Act 40

Krasner act 40
Opponents of Act 40 hold signs Monday, Dec. 18, during a rally at the Church of Christian Compassion in West Philadelphia.
Jack Tomczuk

Faith leaders and supporters of District Attorney Larry Krasner gathered Monday to rail against a law passed last week that they say usurps some of the progressive prosecutor’s authority and undermines the will of Philadelphia voters.

Act 40, which was approved in Harrisburg amid a frenzy of budget legislation, instructs Pennsylvania Attorney General Michelle Henry to appoint a special prosecutor to oversee crimes on the SEPTA system.

That prosecutor, not Krasner, would have the first opportunity to take cases on or near SEPTA property within the city. Their exact jurisdiction is not explicitly spelled out in the bill and has been subject to differing interpretations from state Republicans and Democrats.

Philadelphia’s municipal government will be required to reimburse the Attorney General’s Office for any expenses, including the prosecutor’s salary.

Brett Hambright, an AG spokesperson, said in a statement that Henry’s office is “in the process of reviewing this newly passed legislation in order to fully understand the parameters of the jurisdictional complexities, what the office’s responsibilities will be under the law, and how the funding will occur.”

Henry has 30 days from when the law was signed – Dec. 14 – to appoint the prosecutor, according to the legislation.

“This isn’t even about Larry; this is not about a candidate,” said the Rev. Chris Kimmenez, of Healing Communities PA and the People’s Baptist Church. “This is an attack on Philadelphia home rule.”

“This is an opportunity to disenfranchise black and brown communities,” he added. “This is an attack on democracy.”

State Sen. Sharif Street, left, speaks to District Attorney Larry Krasner during a rally against Act 40 Monday, Dec. 18, at the Church of Christian Compassion in West Philadelphia.Jack Tomczuk

Kimmenez and other speakers at Monday’s rally linked Act 40 to the ongoing effort by Republicans in Harrisburg to impeach Krasner. The Pennsylvania Supreme Court heard oral arguments in a case related to the impeachment in late November and is expected to rule on whether the process can move forward.

“We voted for Larry Krasner twice, and he won overwhelmingly, without your help,” said the Rev. Jerome Fordham, of the National Action Network. “Leave Larry the hell alone.”

State Sen. Wayne Langerholc, a Republican from western Pennsylvania, sponsored the bill and, after its Senate passage in May, he pointed to Krasner’s “dereliction of duty” and said the change will “help restore law and order on SEPTA’s buses, trolley, trains and stations.”

Though it passed the Senate in a mostly party-line vote, dozens of Democrats joined GOP members in voting for the legislation last week, and Democratic Gov. Josh Shapiro signed it into the law.

State Sen. Sharif Street, who attended the rally, called the measure “a ridiculous, stupid bill written by somebody who represents a district 300 miles away from Philadelphia.” After the event, he told reporters that he believed Democrats supported it because “there was a political deal.”

Shapiro’s office did not respond Monday to a request for comment about Act 40.

Krasner attended the rally, held at the Church of Christian Compassion in West Philadelphia, but did not speak. In a statement Thursday, he asked Henry to determine that the law is unconstitutional and unenforceable. He also indicated that Act 40 would face legal challenges.