Murphy's Supreme Court pick and OPRA

Presented by Health Care Association of New Jersey: Matt Friedman's must-read briefing on the Garden State's important news of the day
Jun 10, 2024 View in browser
 
New Jersey Playbook

By Matt Friedman

Presented by Health Care Association of New Jersey

Good Monday morning!

This afternoon, Gov. Phil Murphy plans to nominate former Acting Attorney General John Hoffman, currently Rutgers general counsel, to replace the aging-out Lee Solomon on the state Supreme Court.

Unlike his nearly three-year tenure as acting attorney general, this job would require confirmation. Correct me if I’m wrong, but I don’t believe former Gov. Chris Christie ever actually nominated Hoffman to the job he did for nearly three years between 2013 and 2016 — right in the middle of the Bridgegate scandal. At the time, there was speculation that might have been to keep him from facing senators’ questions about Bridgegate. Or that it had to do with the longtime Supreme Court appointments fight between Christie and the Senate. Christie did briefly nominate Hoffman to a Superior Court judgeship in what was seen as a way to get Chief of Staff Kevin O’Dowd into the attorney general post. Christie withdrew the nomination after one day.

I don’t know if senators will have any real issues about Hoffman’s nomination. Based on Hoffman’s tenure they appear to be on the same side when it comes to access to public records.

Hoffman presided over a big increase in police body cameras, and those have done a lot for transparency. But he also opposed allowing police dash cam footage and many records to be released during an ongoing investigation. That opposition was tested in a case — North Jersey Media Group v. Lyndhurst — decided by the Supreme Court after Hoffman left office. Ultimately, the Supreme Court came down on the side of transparency.

The fact that this pick comes less than a week after Murphy signed a bill that curtails access to public records is another indication, as if we needed one, that New Jersey government is getting more opaque.

TIPS? FEEDBACK? Email me at MFriedman@politico.com.

QUOTE OF THE DAY: “Yes, I did.” — Jose Uribe testifying that he bribed Sen. Bob Menendez to put pressure on state officials to halt a prosecution of a friend and investigation into his own company

HAPPY BIRTHDAY: Vince Polistina

WHERE’S MURPHY? — In Trenton at 1 p.m. for a “major announcement” — presumably the Supreme Court nomination

 

A message from Health Care Association of New Jersey:

Trenton must stop short-changing nursing home residents and the staff who take care of them. Instead of piling on unfunded mandates, critical resources should be spent on hiring more staff and improving care. Otherwise, more than 9,000 current New Jersey nursing home residents risk losing their homes. Tell your state lawmakers: The state must invest now in the welfare of its aging senior population. It’s not a choice, it’s an obligation.

 
MENENDEZ CORRUPTION TRIAL


MERCEDES BENENDEZ — Menendez co-defendant who flipped describes attempt to ‘kill’ state investigation, by POLITICO’s Ry Rivard: Jose Uribe, a New Jersey business person cooperating with federal authorities in the corruption trial of Sen. Bob Menendez, said Friday that he bribed the senator and his now-wife to “stop and kill” an investigation that was circling his insurance business … Wael “Will” Hana, an Egyptian-American business person also now accused of bribing Menendez, then shared an office space with Uribe’s attorney. There, Hana overheard Uribe’s legal troubles and pulled Uribe into a hallway. Hana said that for somewhere between $200,000 and $250,000 he had “a way to make these things go away,” Uribe testified. Uribe said he and Hana, plus two truckers atop companies being investigated, met at a bar in the lobby of a Marriott in Teaneck, New Jersey, to finalize the deal. “The deal is to kill and stop all investigation,” Uribe texted Hana in April 2018, a message Uribe said was meant to confirm the deal made during the Marriott meeting.

Testimony is expected to resume today, where Uribe will discuss the Mercedes-Benz he said he bought Nadine Menendez as a bribe. Last week, prosecutors introduced evidence showing Nadine Menendez struggling to buy a Mercedes on her own, Uribe looking for cash just as she goes to make a down payment and that Uribe got her Social Security number to make further monthly payments for a new Mercedes.

THE PORK DISHONOR ROLL — “Former A.G.’s testimony in Menendez trial reveals more New Jersey grossness,” by New Jersey Monitor’s Terrence McDonald: “Thursday’s testimony by former Attorney General Gurbir Grewal included two juicy tidbits about former state Sen. Dick Codey and a Murphy administration official who went unnamed but who appears to be former chief of staff George Helmy … [Avi] Weitzman mentioned it first, asking Grewal about the governor’s chief of staff reaching out ‘to discuss a particular case pending in your office.’ … The conversation so alarmed Grewal, he testified that it prompted him to issue a memo ‘informing the governor’s office about what they can and can’t raise with the AG’s office.’ … A source familiar with the matter told me the case Helmy inquired about involved Walter Somick, a North Bergen recreation worker charged by the Attorney General’s Office under a Grewal predecessor with official misconduct … The episode with Codey, Grewal said, happened early in Grewal’s tenure as attorney general … Weitzman said the matter involved Kevin Bannon, a former Mercer County parks official and onetime loyalist of Democrat Brian Hughes … charged Bannon with diverting thousands of dollars of public money to a nonprofit he controlled.”

— “What exactly did Menendez want from the AG when he sat down to talk to him about a criminal case?

 

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WHAT TRENTON MADE


UN-WARREN-TED — Former Warren County Prosecutor James Pfeiffer is suing Attorney General Matt Platkin and Gov. Phil Murphy as he seeks to get his job back as county prosecutor.

In a lawsuit filed in late May, Pfeiffer alleges he was coerced into his April resignation. The lawsuit recounts a meeting where Platkin allegedly told Pfeiffer that “you are done” being prosecutor and that “if you do not resign things will get worse for you.” The lawsuit claims that only the governor can ask for a prosecutor’s resignation, making Platkin’s request invalid.

Platkin’s office — which seldom comments on pending legal issues — called the lawsuit “meritless” in a statement to POLITICO. Platkin’s office announced Pfeiffer’s resignation and the takeover of the Warren County Prosecutor’s office in April, following an investigation by the Office of Public Integrity and Accountability — which Platkin oversees — that alleged the Warren County prosecutor's office deceptively padded its budget with state funds meant for insurance fraud investigations.

“After an extensive investigation that revealed significant wrongdoing by former Prosecutor Pfeiffer, the Attorney General superseded the Warren County Prosecutor’s Office following a written request from the Governor. And rather than face removal from the Governor, Pfeiffer chose to resign. Two months later, he is not now entitled to his job back. The former Prosecutor’s claims are egregiously wrong and rely on a series of misrepresentations, and we look forward to responding in court at the appropriate time.” … In a statement, attorney Brad Russo — who is representing Pfeiffer — called Platkin’s actions "illegal, retaliatory and politically motivated.” — Daniel Han

B.S. CAMPAIGN — “Bill Spadea will enter GOP governor’s race on June 17,” by New Jersey Globe’s David Wildstein: "NJ 101.5 radio personality Bill Spadea, a staunch conservative who has methodically built a statewide grassroots organization over the last few years, will announce his candidacy for the Republican nomination for governor on June 17, the New Jersey Globe has confirmed. Spadea becomes the fourth Republican in the race to succeed term-limited Gov. Phil Murphy next year, along with State Sen. Jon Bramnick (R-Westfield), former Assemblyman Jack Ciattarelli (R-Somerville), and former State Sen. Ed “The Trucker” Durr. A U.S. Marine Corps veteran, the 55-year-old Spadea hosted a top-rated morning drive radio show on NJ 101.5 and hosted Chasing News with Bill Spadea, which aired on WOR-TV Channel 9 from 2013 to 2020. His formal entry into the race had been widely anticipated and will allow him to begin raising money for a statewide campaign."

METHODOLOGY: STOCKTON SURVEYED 420 RESIDENTS RANDOMLY SELECTED FROM A MEADOWLANDS PARKING LOT BEFORE A PHISH SHOW — “N.J. residents favor legalization of medical psychedelic mushrooms, poll finds,” by NJ Advance Media’s Bill Duhart: “A majority of New Jerseyans approve the legalization of Psilocybin — a psychedelic drug derived from a certain variety of mushrooms — for treatment to reduce depression and anxiety, according to a recent poll by the William J. Hughes Center for Public Policy at Stockton University. Fifty-five percent of state residents support legalizing the treatment under a doctor’s supervision, while 20% oppose and 24% are unsure, poll results showed … The study was spurred by a bill introduced this year in the state Senate which, if signed into law, would ‘authorize the production and use of psilocybin … to promote health and wellness and allow for the establishment of psilocybin service centers.’”

STRONGER AND FAIRER — “‘Shocked and distraught’: N.J. Gov. Murphy’s proposed state spending plan slashes funding for ALS services,” by WHYY’s David Matthau: “Last year, the New Jersey state budget allocated $1.5 million to organizations that support people living with Amyotrophic Lateral Sclerosis (ALS), also known as Lou Gehrig’s disease, named after the famous baseball player who was diagnosed with it and later died from it. ALS is a progressive, fatal disease affecting the nerve cells in the brain and spinal cord. This year, the governor’s proposed spending plan slashes funding for ALS programs by 66%. ALS patients, their families and support groups in New Jersey are 'shocked and distraught’ about the proposed budget cuts.”

— “Could salary ranges soon be required in NJ job postings? Lawmakers just took another step

— “Inside the $43M fight to solve N.J.’s youth mental health crisis. ‘You are not alone.’” 

— “Keep Trenton politics out of Appellate Court appointments | Opinion” 

— “Two ways to save N.J. Transit, as every lawmaker should know | Opinion” 

 

A message from Health Care Association of New Jersey:

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BIDEN TIME


— “Salerno lead now at 227 in NJ-2 Dem primary after Atlantic VBMs counted” 

— “New Jersey Democrat introduces bill to combat abuse against elderly LGBTQ population” 

LOCAL


INSTAGRAM OFFICER SUFFERS INSTAREGRET — “NYPD officer arrested after apparent road rage shooting in Camden County, New Jersey,’ by 6 ABC’s John Paul: “An officer with the New York City Police Department has been charged after allegedly shooting a man during an apparent fit of road rage in Camden County, New Jersey. Hieu Tran, 27, of Yonkers, was charged on Thursday with first-degree attempted murder for the shooting of a 30-year-old Voorhees Township man, according to the Camden County Prosecutor's Office. Tran is believed to have used his service weapon in the shooting, which occurred while he was off duty. It happened around 11:13 p.m. on May 17 at Route 73 and Cooper Road in Voorhees Twp. Police say Tran shot another driver in a fit of road rage, causing a major crash. Officers responding to the scene found one of the drivers suffering from a gunshot wound. The 30-year-old victim was found trapped in his pickup truck and critically injured … Tran is suspended without pay, per department policy when an officer is arrested. He joined the department in February 2021 and has been assigned to the social media unit at the police department's public information unit since last year.”

THESE ARE THE DELIVERY TIMES THAT TRY MEN’S SOULS — “Don’t turn Revolutionary War site into more N.J. warehouses, critics say,” by NJ Advance Media’s Jackie Roman: “A New Jersey farm that may have been used as an encampment for British troops during the Revolutionary War could become a warehouse site unless county officials can negotiate a deal with a development company that owns the property. Active Acquisitions, a real estate development firm based in Wall, is seeking permission from local and county planning boards to build two warehouses totaling 453,720 square feet on Old York Road in Upper Freehold, according to meeting documents … ‘This is a significantly historic property — something happened here that was the prelude to the Battle of Monmouth, which was the turning point in the history of our country,’ said Monmouth County Commissioner Deputy Director Ross Licitra. The Monmouth County Board of Commissioners is in talks with Active Acquisitions to purchase the property for preservation.’”

 

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OPRA — “Newark school district spent thousands to keep settlement secret, then lost,” by TAPIntoNewarks’ Matt Kadosh and Therese Jacob: “The Newark Board of Education paid attorneys $54,520 in a failed attempt to keep secret its contract with a developer to build a museum at a school that it had sold many years ago, records obtained by TAPinto Newark show. This includes $24,520 in fees charged by the district’s attorneys, as well as $30,000 in fees charged by the publisher’s attorney, which the district is required to pay as a result of the Board losing its case. It is a contract the school district has since been scrutinized for awarding without a public bid. 'There was no legal support for the district’s position that this settlement agreement was somehow attorney-client privileged or otherwise confidential,' said CJ Griffin, the attorney representing TAPinto Newark … Settlement of the legal fees in the public records suit, which records show was formalized with the court on Monday, comes the same week Gov. Phil Murphy signed a controversial OPRA bill into law.”

JOURNAL SQUARE RESIDENTS INCENSED BY SPELLING OF ‘CENTRE’  — “Centre Pompidou x Jersey City to generate millions in spending, but how much will Jersey City benefit?” by The Jersey Journal’s Joshua Rosario: “When Mayor Steve Fulop first announced the Centre Pompidou x Jersey City, it was pitched as a mission to ‘return Journal Square to being the heartbeat of New Jersey with arts and culture.’ Economic impact reports, however, project the proposed satellite location of a renowned Paris art museum could also become an expensive burden for nearby property owners, yielding higher taxes without much direct benefit. The Jersey Journal obtained two detailed draft reports, through an Open Public Records Act request … [R]esidents within walking distance of the museum, or one-quarter of a mile, could expect as much as a 15% increase in property values — a double-edged sword that could result in higher returns if they sell their property, but which could also result in higher taxes.”

— “Hoboken rent control referendum gets easier after city clerk confirms fewer signatures are needed” 

— “Jersey City activist Jake Ephros will run for Ward D council seat with DSA support” 

— “Solomon & 3 mayoral candidates weigh in on significance of CD-8’s Jersey City data” 

— “[Prospect Park] councilwoman resigns, citing 'petty bureaucracy' as root of frustration” 

— “Top Paterson school execs get 3% raises and principals get new pay hikes for 5 years” 

— “[Franklin Township] fire department may shut down over contract dispute, fight over cameras in trucks

— “6 arrests made after Pennsauken event shut down early due to public safety concerns

 

A message from Health Care Association of New Jersey:

Trenton must stop short-changing nursing home residents.

Nursing homes require additional staff, and those staff deserve living wages.

To support more staffing hours, state payment rates need to rise.

State lawmakers and regulators need to stop piling on unfunded mandates that drain critical resources that should instead be spent on hiring more staff and improving care.

If they don’t, more than 9,000 current New Jersey nursing home residents risk losing their homes.

Tell your state lawmakers: The state must invest now in the welfare of its aging senior population.

It’s not a choice, it’s an obligation.

 
EVERYTHING ELSE

 
WWII HERO GETS WISH — “Pemberton, N.J., offers World War II veteran James O’Brien, 99, a hero’s welcome after Normandy visit,” by The Philadelphia Inquirer’s Kevin Riordan: “Before flying to America from Normandy after attending the 80th commemoration of D-Day last week, World War II veteran James O’Brien told his son Vincent that he’d like to come home to a parade. Little did he know what was already being planned back in Burlington County. ‘I was joking, but they took me seriously,’ said O’Brien, 99, as a flag-waving crowd of 150 family members, friends, neighbors, first responders, and fellow vets cheered his return to Pemberton Township on Saturday.”

— “After 5 weeks, Pro-Palestinian encampment at [Rutgers-Newark] is broken up without arrests” 

— “NJ health care, pharmaceutical companies cutting jobs as tech disrupts industry” 

—“New study shows foreign-born workers have higher labor participation rates in NJ

 

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