| | | | |  | | By Matt Friedman | Good Thursday morning! The county line is still dead for this year’s Democratic primary, and its chances of survival in future primaries is looking more dim than ever. The Third Circuit yesterday in a precedential ruling affirmed Superior Court Judge Zahid Quraishi’s preliminary injunction against the county line from late last month that shook the New Jersey political world. More about that below. Read more about the decision here. While this only applies to this year’s Democratic primary, the ruling bodes poorly for the county line’s survival in the future, with the judges acknowledging that Rep. Andy Kim and his co-plaintiffs have “a very substantial likelihood” of winning the bigger case challenging the county line’s constitutionality. Here’s a political wrinkle to the case: U.S. Rep. Josh Gottheimer, who represents New Jersey’s most northerly district, recently waded into Central Jersey and played a big role in Middlesex County Democrats’ decision to hire former Obama administration top litigator Neal Katyal to defend the county line. Why? Gottheimer isn’t saying. But it’s not hard to read the tea leaves. This is a 2025 play. While so many New Jersey politicians have suddenly come out against the line that’s sustained machine politics in this state for decades, Gottheimer has firmly backed the system, even as its future appears imperiled. This makes sense politically. Gottheimer is no progressive darling, and so could find it more challenging to win a Democratic primary without the advantage that the line bestows. (The counter-argument to this is that money is going to count a lot more in New Jersey politics without the line, and Gottheimer can probably out-raise anyone.) Whatever the case, even if the line is no more in 2025, it can’t hurt Gottheimer’s ambitions to do a favor for Middlesex County Democrats, one of the most powerful organizations in the state. Read more about that here. TIPS? FEEDBACK? Email me at MFriedman@politico.com. QUOTE OF THE DAY: “The record before us supports the District Court’s ruling. It shows that the county-line system is discriminatory — it picks winners and punishes those who are not endorsed or, because of their political views, want to disassociate from certain endorsed candidates.” — Judge Kent Jordan writing for the Third Circuit HAPPY BIRTHDAY — Phil Swibinski WHERE’S MURPHY? — No public schedule
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2.1 ONCE AGAIN RELEVANT MASTROS — “How will NJ and NYC share costs for the 2026 FIFA World Cup? There's no contract,” by The Record’s Katie Sobko: “Since 2021, the New Jersey Sports and Exposition Authority has shelled out more than $19 million for the host committee, contractors and engineers, according to information obtained through a public records request. The request also found that there is still no contract between the NJSEA and New York that would require the costs to be split or provide for reimbursement. … The day-to-day functionality at the sports complex is the responsibility of the NJSEA and its Board of Commissioners, though, and they’ve agreed to the host committee loan from their coffers and have paid the bill for construction companies and architects to get the stadium into shape. … So where is New York in all of this? Amaris Cockfield, a spokesperson for Mayor Eric Adams, did not respond to a request for comment but said last summer that "New York City has acknowledged its continued cooperation with NJSEA and the state of New Jersey in the shared commitment of hosting the 2026 FIFA World Cup.”
MASTLASH — Eric Adams’ top lawyer pick faces backlash in City Council, by POLITICO’s Jeff Coltin: Mayor Eric Adams’ plan to appoint controversial attorney Randy Mastro, who worked in Rudy Giuliani’s City Hall, as the city’s top lawyer faces headwinds in the City Council. There’s widespread distaste for Mastro within the legislative body — which has charter-mandated oversight of any mayor’s candidate to run the Law Department — according to conversations with eight members. News of Mastro’s imminent hiring broke Tuesday night in the New York Times, and lawmakers immediately began grumbling. “New Yorkers did not elect the most progressive, diverse Democratic supermajority in Council history to rubber stamp a return to the Giuliani era,” progressive Council Member Tiffany Cabán, a lawyer, told POLITICO in a statement. “Our city’s top lawyer should be a principled champion of justice, not a far-right wing pal of sleazy crooks like Rudy Giuliani, Chris Christie, and billionaire real estate magnates. No way in hell I vote to confirm Randy Mastro.” … In another blow to his standing among the majority of the council, Mastro also represents the state of New Jersey in its case trying to block congestion pricing from taking effect — a policy the mayor himself has hesitantly accepted. THE 21 CLUB — “Prosecutors group can keep records secret from public, N.J. Supreme Court rules,” by NJ Advance Media’s S.P. Sullivan: “A group representing New Jersey’s top county prosecutors will not have to hand over its records to the American Civil Liberties Union of New Jersey after the state’s highest court ruled they are not a public entity subject to open records laws. The County Prosecutors Association of New Jersey has just 21 members, the appointed prosecutors in each Garden State county who oversee major criminal cases. … In 2019, the ACLU-NJ filed a public records request seeking minutes, agendas and legal briefs the group filed in important cases. … The prosecutors association denied that request, stating it was ‘a private non-profit organization and not a public agency,’ prompting the ACLU-NJ to file suit … Over a four-year legal battle, lower courts sided with prosecutors. In a 5-2 decision, the state Supreme Court on Wednesday affirmed those rulings. … In a dissent, Justice Rachel Wainer Apter wrote that the group should be subject to New Jersey’s Open Public Records Act and the common law right of access because CPANJ ‘is simply another name for the county prosecutors themselves.’” —“State watchdog calls for crackdown on ghost guns and repeat gun scofflaws” —"Will North Jersey get money to tackle air pollution through NYC congestion pricing plan?" —“NJ bill would allow Uber, Lyft to offer alternative to Access Link paratransit service” —Snowflack: "Fulop makes his move"
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DONALD PAYNE — “Donald Payne remains unconscious 11 days after heart attack,” by New Jersey Globe’s David Wildstein and Joey Fox: “Rep. Donald M. Payne Jr. (D-Newark) remains unconscious after suffering a heart attack on April 6, indicating that the congressman’s medical condition is substantially more severe than had been initially revealed. Payne, a six-term Democrat from Essex County, has been on a ventilator in an intensive care unit at Newark Beth Israel Medical Center for the last eleven days, the New Jersey Globe has confirmed; the 65-year-old congressman has not regained consciousness since the heart attack. His prognosis is uncertain, and his potential return to Washington is unclear. A statement issued by Payne’s office on April 9 acknowledged the ‘cardiac episode’ but seems to have overstated, albeit not necessarily deliberately, the degree to which the congressman was on the mend ...
Payne’s office releases the following statement at 5:40 PM: “Congressman Donald M. Payne, Jr. suffered a cardiac episode based on complications from his diabetes last week. Today, he is in stable condition at a local hospital and continues to be under doctor’s care. While we hope for a full recovery, we ask everyone to keep him in your prayers.” NO ENDEZ IN SIGHT — A judge is asking for more information about a push by federal prosecutors to delay the trial of Sen. Bob Menendez and is expected to rule in coming days on whether the May 6 trial can proceed. Prosecutors are looking for a delay because of a potential conflict for attorney Lawrence Lustberg, who represents Menendez co-defendant Wael Hana in the current case and Menendez co-defendant Fred Daibes in a separate case that touches on this one. The conflict could be a problem, especially if Lustberg is called as a witness to a conversation between Daibes and Menendez that prosecutors said is critical to their case against Menendez, who is accused of taking bribes to try to help Daibes’ legal problems go away. All three men have pleaded not guilty. After nearly two hours of closed-door negotiations Wednesday, federal prosecutors, Hana’s legal team and Menendez’s legal team all seemed close to an agreement that would allow Lustberg to submit an anonymized stipulation that could be used during in the trial in lieu of courtroom testimony. Lustberg is prepared to say that Menendez criticized the legal work he was doing on behalf of Daibes. Part of the negotiations turned on whether the senator merely criticized Lustberg or whether the senator yelled at him or “berated” him without raising his voice. At one point, Stein gave the attorneys a list of synonyms for “berated” to encourage them to reach a deal. But Daibes wants to reserve the right to call Lustberg as a witness during the trial, which could result in a mistrial. Daibes’ attorney is now pushing for a separate trial for his client, which federal judge Sidney Stein does not want to grant. The judge already granted one to Menendez’s wife, Nadine Menendez, after she requested a delay because of a serious medical condition. — Ry Rivard PENSIONTENTIARY — “Could Bob Menendez lose his pension?” by NJ Spotlight News’ Benjamin J. Hulac: “If Sen. Bob Menendez (D-NJ) is convicted of a crime in the federal trial scheduled to start next month, he will be allowed to collect his federal pension until he exhausts all his potential appeals, a process that could take years. Under federal law, former members of Congress convicted of a crime can draw their pension while they’re incarcerated, only losing that asset upon their ‘final conviction,’ or when they’ve run out of courts to which they can appeal. ‘It’s an exception that almost swallows the rule,’ Kedric Payne, senior director of ethics at the Campaign Legal Center, said in an interview. ‘Former members of Congress keep pursuing appeals so that they can keep their pension,’ Payne said. ‘Once you receive that pension money you are free to spend it any way you like.’ But Menendez could see his pension payments evaporate if a bill pending in Congress becomes law, a prospect that has bipartisan support.” —“In NJ, a push to vote ‘uncommitted’ to protest Biden support for war in Gaza” —"Former RHONJ cast member’s stepson charged with being at in Capitol on Jan. 6" | | LOCAL | | SPILLER THE BEANS! — “Judge orders Montclair to produce documents in Rao case after legal fight,” by The Record’s Kicholas Katzban: “A state judge has ordered the Township of Montclair to produce a wealth of documents, including records related to allegations that council members misused a government healthcare plan, a tightly vested report that assessed claims of discrimination within Town Hall, and will permit the release of confidential information the municipality has fought to keep out of public court filings. … Nevertheless, residents champing at the bit for clarity on accusations raised in Rao's complaint will likely wait with bated breath for the public release of documents covered by the judge's order. Among them: files related to Affirmative Action Officer Bruce Morgan's report on discrimination within municipal departments, which critics accuse Mayor Sean Spiller of scuttling in favor of a new probe authored by a third-party firm.” KURTZ: TURNING NEIGHBORHOOD INTO HEART OF DANKNESS WOULD BE A HORROR! A HORROR! — “Petition to stop cannabis on Albany Avenue submitted to Atlantic City clerk,” by The Press of Atlantic City’s Michelle Brunetti Post: “A referendum petition with almost 1,100 residents' signatures opposing the expansion of the cannabis "green zone" to Albany Avenue has been submitted to the city clerk, according to a Wednesday news release from City Councilman Jesse Kurtz. The expansion to Albany Avenue on the edge of the Chelsea Heights residential neighborhood would run from west of the Albany Avenue bridge to the u-turn at the city's high school. An ordinance expanding it passed at the March City Council meeting after heavy lobbying by Small. ‘Mayor Marty Small’s push for weed shops in every neighborhood is out of control,’ Councilman Jesse O. Kurtz said in the release. ‘We need to respect the wishes of Chelsea Heights residents who oppose having weed shops in their neighborhood and not abuse political power to force them to have it.’” —“Neighbors’ plea to CRDA: Stop weed expansion” TURN OUT FOR WHAT? — “Newark Board of Education 2024 election results: Voters pick incumbents backed by mayor”,” by Chalkbeat’s Jessie Gómez: “Incumbents Dawn Haynes and Vereliz Santana and their running mates, Helena Vinhas and Kanileah Anderson, appeared headed to victory in Tuesday’s Newark school board election, in which fewer than 2.8% of voters participated, according to preliminary results. All four candidates are part of the mayoral-backed “Moving Newark Schools Forward” slate, whose candidates have won every school board election since 2016.” HOME RULE — “Toms River Regional may face more school aid cuts after Seaside Heights voters kill merger,” by The Asbury Park Press’ Jean Mikle: “Seaside Heights voters rejected a plan to merge the borough's elementary school with the Toms River Regional school district, defeating a ballot question that asked if Seaside should become part of the larger district. Seaside Heights voters rejected the merger by a margin of 261 to 167. The ballot question passed overwhelmingly in Toms River, Beachwood, Pine Beach and South Toms River — the four towns that make up the regional district — with more than 80% of voters supporting the merger. … A concerted effort by opponents of the merger in Seaside seems to have paid off: parents, teachers and residents of the borough said they were concerned that the largely ethnic minority students in the borough's elementary school would not receive the same quality education if they joined Toms River Regional. ... If the districts merged, Toms River Regional would have had state funding restored due to a law passed in August known as S3950, Citta has said. The new law exempts regional school districts serving five or more New Jersey municipalities from state aid cuts under certain circumstances.” SPEZIALE TREATMENT AND SEVERE PUNISHMENT — “Why did Paterson police chase video truck from Speziale sheriff event at The Brownstone?” by The Record’s James O’Neill: “Carl Severe, a private businessman who drives a video advertising truck, found himself in the crossfire of the bare-knuckle battle for the Democratic nomination for Passaic County sheriff on Tuesday evening. Severe said he was hired to play a political video outside The Brownstone banquet hall, a job he has performed so often that he has a regular parking spot he uses on West Broadway across from the venue. But something took place on Tuesday that Severe said has never happened before — a Paterson police officer pulled up in a patrol vehicle and directed him to move because he was in a ‘no parking’ zone. Severe said he asked the officer about the vehicles parked behind and in front of his truck. The officer said those were cops’ cars, according to Severe. Indeed, many of the vehicles parked around the Brownstone on Tuesday night belonged to police officers. That’s because the event was a fundraiser for Paterson Public Safety Director Jerry Speziale’s run for the Democratic nomination for county sheriff. Severe had been hired by Speziale’s opponents, the leaders of the Passaic County Democratic Party, and he was playing a video on his truck that attacked Speziale.” —"Hoboken BOE passes amended prelim $88.3M budget with 14.99% tax increase" —“Burlington County farming town fends off large housing complex … for now” —“Student members of unofficial club at NJ school under investigation for alleged racism, harassment” —“Feds drop lone remaining charge against former [Trenton] cop accused of excessive force” —“NJ Transit raising fares? Here's what Middletown is doing to fight back for commuters” —“Here’s what police say a [Berlin Borough] teacher did that put a South Jersey school on edge” | | EVERYTHING ELSE | |
YET TO COMING ATTRACTIONS — “Scorsese eyes Frank Sinatra biopic with Leonardo DiCaprio and Jennifer Lawrence,” by Variety’s Tatiana Siegel: “After landing 10 Oscar nominations for last year’s historical crime epic ‘Killers of the Flower Moon,’ the 81-year-old director has mapped out his next several projects. Sources say he plans to shoot two films back to back: the first about Jesus, the second a Frank Sinatra biopic. … The Sinatra project could also hit some snags: The legendary crooner’s daughter Tina Sinatra controls her father’s estate and hasn’t yet given her blessing to the film. But that hasn’t stopped Scorsese from putting together a killer cast that would see frequent collaborator Leonardo DiCaprio playing the singer and Jennifer Lawrence portraying his second wife, actress Ava Gardner, sources say.”
CITY OF GARFIELD TO CHANGE ITS NAME TO HEATHCLIFF TOWNSHIP— “Heathcliff, the original orange cat, is a comic born and raised in Bergen County,” by The Record’s Daivd M. Zimmer: “All of it was conceived by George Gately, a former Bergen County resident of rare talent. Born on Dec. 21, 1928, George Gately Gallagher was raised in Bergenfield. After graduating from the town's high school, he attended the Pratt Institute in New York City with a view to profiting off his creativity through advertising.” —"Job cuts at Rutgers writing program turns strike anniversary into protest" —"See the Bruce Springsteen Archives building approved for Monmouth University" | | | | Follow us on Twitter | | | | Subscribe to the POLITICO Playbook family Playbook | Playbook PM | California Playbook | Florida Playbook | Illinois Playbook | Massachusetts Playbook | New Jersey Playbook | New York Playbook | Ottawa Playbook | Brussels Playbook | London Playbook View all our political and policy newsletters | | Follow us | | | | |
