Posted on 02/15/2007 3:17:17 AM PST by Calpernia
For nearly an hour-and-a-half yesterday, the U.S. Attorney's Office and the non-partisan research arm of New Jersey Legislature squared off in federal court over records federal prosecutors reportedly want as part of a widening probe into political corruption. The Office of Legislative Services (OLS), also the legal arm of the legislature, claims the documents are confidential and has refused to release them.
Newark attorney Edward Dauber, hired to represent the Legislature to contest the federal subpoena offered no comment upon exiting Judge Mary Cooper's court room. Dauber is a former assistant U.S. Attorney and has served as the executive assistant state attorney general. He is charging the Legislature $275 an hour, which goes up to $300 an hour for court time. Josh Drew and William Fitzpatrick, lawyers with the U.S. Attorney's Office were equally mum as they left the court house.
The investigation is said to be focusing on more than $270 million in last-minute State Budget add-ons, commonly known as "pork," or "Christmas tree items." The U-S Attorney is thought to be seeking to determine if any taxpayer money was illegally steered by lawmakers to fund pet projects in their districts or if a lawmaker or family member directly benefited from any grants. Essentially this is a search into possible conflicts of interest.
At issue is confidentiality. When a constituent e-mails or faxes a funding request to a legislator it is privileged information. By design this is to protect the privacy of citizens. Sources say the feds believe once a legislator passes on the funding request to the Administration it is then communications between the lawmaker and the Executive Branch therefore, it is no longer confidential.
Further clouding the issue is the fact that OLS provides legal advice to the legislature and that falls under attorney/client privilege.
A spokesman for Governor Jon Corzine says, "As a matter of policy, he (Corzine) does believe it would be appropriate for the Legislature to comply in the spirit of openness and transparency in government." OLS however, still has the right to argue that it wants to keep correspondence between it and the legislature confidential.
Assembly Republican Leader Alex DeCroce is clearly frustrated saying, "I have been informed by legal counsel that the entire proceeding before U.S. District Court Judge Mary Cooper is under seal and cannot be discussed by any parties. In fact, I have not even been informed as to what transpired. All 31 Assembly Republicans stand by their belief that the documents sought by the U.S. Attorney's Office from the Office of Legislative Services should be turned over immediately. The Senate President, Assembly Speaker and the Office of Legislative Services should never have allowed this matter to go to court. They should have freely cooperated with the U.S. Attorney, and I hope their actions have not impeded or had an adverse impact on the federal investigation."
Possible Corruption Shrouded in Secrecy (NJ)
Hearing Will Determine Whether Prosecutors Get Lawmakers Memos' (NJ)
ping
I'm thinking we need to get the word out to Iran that our surge includes outfitting the troops with a pork probe. Nice psyops twist to that headline. If the story is played right, there will be howls of protest on AlJaz (or CNN) about prisoner abuse with a pork probe.
Double speak from Corzine? Amazing.
He was fore it before he was against it.
I drove past some new housing construction today and started to wonder why anyone in their right mind would want to move to New Jersey.
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