PA: Prosecutor May File Criminal Charges Against State Officials over COVID Orders

[mountaineer]

Had to apply my own title to this, as it is based on a Facebook post from the Prosecuting Attorney for Greene County, PA (southwest of Pittsburgh).

Greene County District Attorney's Office

Small businesses, who are the heart of Greene County Pennsylvania, have pled their concerns to me that they cannot survive another shut down. As it is my duty as District Attorney of Greene County Pennsylvania to enforce the laws of the Commonwealth and to protect the citizens from crimes committed against them by individuals, it is also my duty to protect my community from crimes committed by the government.

In response to the questions and concerns my office has received regarding the legality of the Governor’s second shut down order, which took effect Dec. 12, 2020 as it applies to private business owners defying the Governor’s Order I release the following statement:

Any business owner defying the Governor’s shut down Order who has a business license revoked by an official, officials or those purporting to act in an official capacity is welcome to file a private criminal complaint with my office. Each case will be investigated by the county detective to determine if the allegations arise to “Official Oppression” pursuant to PA Crimes Code 18 § 5301, which reads in relevant part:

“A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:
(1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or
(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.”

Each complaint will be investigated, and will be decided on a case by case basis. If I determine a crime has been committed, a summons will be issued by the county detective upon the official, officials or persons purporting to act in an official capacity who have committed said crime.

David J. Russo
District Attorney of Greene County Pennsylvania

https://www.facebook.com/Greene-County-District-Attorneys-Office-102207021357260/

[mountaineer]

Greene Co. District Attorney Says He Will Support Businesses Defying Governor Wolf’s Shutdown Orders
David Russo says any business that has a license revoked by a state official can file a criminal complaint with his office.
December 19, 2020 at 6:52 am
By: KDKA-TV News Staff

GREENE COUNTY (KDKA) — The district attorney in Greene County says he will support business that defy Governor Tom Wolf’s current Coronavirus restrictions.

David Russo says any business that has a license revoked by a state official can file a criminal complaint with his office.

In a press release, Russo says that small businesses are “the heart of Greene County” and that it is his duty to protect the citizens of crimes committed against them by individuals, but it also his duty to “protect his community from crimes committed by the government.”

Russo says a county detective will investigate it as a possible case of “official oppression.”

The current restrictions in place went into effect on Saturday, December 12, shutting down indoor dining, limiting gatherings, and more.

These restrictions are in effect until January 4.

KDKA