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Philly’s elected prosecutor sues to stop law designed to limit authority on transit system crimes

Philadelphia’s two-term elected district attorney said Thursday he wants a court to stop plans to appoint a special prosecutor who would handle crimes on the city’s trains under a new law designed to dilute his authority that he argues is unconstitutional.

It’s not the first time progressive District Attorney Larry Krasner has taken lawmakers to court over what he argues is an overstepping of their authority to punish him over political differences.

“When I made the unexpected decision to run for DA in 2017, I thought that meant district attorney,” Krasner said at a news conference about the litigation. “I didn’t know the DA actually stood for democracy advocate.”

The lawsuit seeking to block the law’s implementation alleges the special prosecutor would take 89% of the land area from the city out of the district attorney’s jurisdiction. The lawsuit seeks to have the law thrown out and an injunction to prevent Attorney General Michelle Henry from implementing it. Henry’s spokesman said a comment about the matter was expected to be released later Thursday.

Krasner’s attorney, John Summers, said they were filing the complaint, which was not immediately available, on Thursday. Summers said the law discriminates against Philadelphia and its voters compared with other counties served by the Southeastern Pennsylvania Transportation Authority (SEPTA) and that the state constitution doesn’t allow special counsel to “divest and nullify” Krasner’s authority, among other things.

He called the measure a “constitutional trainwreck.”

“It is a tangle that cannot and should not be enforced, and that’s why the district attorney has filed an action seeking a court declaration and injunction to prevent it,” Summers said.

Senate Republican Leader Joe Pittman of Indiana County said in a statement the law garnered bipartisan support and was signed by Gov. Josh Shapiro, a Democrat.

“It is time DA Krasner stops playing political games and starts working with Republicans and Democrats alike” to ensure the safety of Philadelphians, Pittman said.

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