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District Attorney Calls AG Kane's Latest Motion "Frivolous"

NORRISTOWN, Pa. (CBS) -- Prosecutors in Montgomery County call Attorney General Kathleen Kane's claims of "selective and vindictive prosecution" "frivolous."

In a motion filed Monday in Montgomery County court, the District Attorney's Office says Kane's motion should be dismissed without a hearing.

In that motion filed last week, Kane says she was the target of an investigation into an alleged leak of secret grand jury information because she was critical of the work of two former investigators with the Attorney General's Office.

But prosecutors say those former investigators had nothing to do with the actual filing of criminal charges, and that's central to a "vindictive prosecution" claim.

The motion also says there have five independent determinations of probable cause: a grand jury presentment; the supervising judge approving the presentment; a separate investigation by then-DA Risa Ferman which concluded criminal charges were warranted, and a district judge holding the charges for court after two preliminary hearings.

Kane is charged with leaking grand jury information allegedly to get back at a rival, then lying to another grand jury trying to cover it up.

Her trial is scheduled to start August 8, but she has asked Pennsylvania superior court to hear an appeal of other pretrial motions that were denied last month.

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