How politics allegedly infected the Covid nursing home investigation

Matt Friedman's must-read briefing on the Garden State's important news of the day
Jan 08, 2025 View in browser
 
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By Matt Friedman

Good Wednesday morning!

The spread of Covid through New Jersey’s nursing homes, both state-run and private, was a disaster that resulted in hundreds of deaths and millions in financial settlements with families.

But when the Department of Justice in a letter informed New Jersey officials — along with three other states with Democratic governors — that they were investigating state veterans home deaths, the Murphy administration cried politics.

Then-Murphy spokesperson Michael Zhadanovsky said at the time that the Oct. 27 announcement of the investigation, a week before Election Day, ”speaks volumes about the nature of the review.” nature of the review.”

According to a report by the federal Office of Inspector General obtained by POLITICO’s Josh Gerstein through a public records request, Zhadanovsky was onto something.

The report alleged that the investigation was used as a political hit by the Trump administration’s Department of Justice in the run-up to the 2020 election. And it has texts to back it up, quoting one official from the DOJ’s Office of Public Affairs as saying that it “[w]ill be our last play on them before the election but it’s a big one.” Then they allegedly leaked the letters to a friendly news outlet, the New York Post, before actually sending them to state officials.

None of this excuses what happened at the nursing homes and the state-run veterans homes. But it’s alarming and ironic that the Trump Department of Justice would allegedly use these deaths as a “play” for the election, after the last four years of Trump accusing the Justice Department of unfairly targeting him and his allies. And with another Trump administration coming later this month, it is perhaps a sign of what’s to come.

Read more about it here

HAPPY BIRTHDAY: Bertin Lefkovic, Kevin Ryan, Joe Sgroi

WHERE’S MURPHY?  In East Rutherford at 11 a.m. to talk about statewide shooting and auto theft statistics, then Wayne at 5 p.m. for the Passaic County reorganization. Media: "Ask Governor Murphy" on your local NPR affiliate at 7 p.m.

QUOTE OF THE DAY — Q: “What’s your most important public achievement?’ A: A four-way stop street in town could never get a four-way stop. You find it’s not so easy even to get a four-way stop, a process with state tests requirements that have to be met. Working through that and finally getting it done, that was rewarding. People in every house were outside.” — NJ gubernatorial candidate Sean Spiller, the former mayor of Montclair, in an InsiderNJ interview.

WHAT TRENTON MADE


NEVER PICK A FIGHT WITH PEOPLE WHO BUY INK BY THE THIMBLE — “The latest on legal ads,” by InsiderNJ’s Fred Snowflack: “Circulation is irrelevant. The law is the law when it comes to legal ads. What’s more, newspapers can do it better than anyone else. Strip away the legal language and that’s the arguments put forth by the Star Ledger and the Daily Record in responding to a suit by Warren County that seeks to end how governments have published legal ads seemingly forever. Just for the record, we are talking about official government notices – meeting agendas, budgets, sheriff sales – and the like. For decades, town councils, school boards and other governing bodies have published these notices in local newspapers that are so designated to receive them. Cost is determined by a formula that takes into account a paper’s circulation and how much space the ad takes up. But now traditional newspaper circulation is dropping – and dropping. … A hearing on the suit had been scheduled for today, Monday, but was postponed until Feb. 26 because of the legislation.”

SEEING GREEN — “New Jersey legal weed became a billion dollar business in 2024,” by NJ Advance Media’s Jelani Gibson: “New Jersey became a billion dollar cannabis market last year. The state’s legal weed businesses raked in a total of $1.004 billion in 2024, a 25% increase from the $800 million take in 2023, according to Cannabis Regulatory Commission figures. … The industry also generates tax revenue on the state and local level. Towns have the ability to license cannabis and levy a local tax. The state can also implement a tax on cultivators. According to September numbers from the CRC, tax revenue came in at an estimated $43 million. The revenue comes as the state faces budget woes some are calling a fiscal cliff.”

NETFLIX AND TAX BILL—  “Netflix scores $387M tax deal for future N.J. studio,” by NJ Advance Media’s Nyah Marshall: “A Netflix production studio campus set to be built in Monmouth County will be eligible for up to $387 million in tax credits once it opens, state officials said. The media giant’s new studio — expected to open in 2028 — has been approved for a state tax credit program, the state Economic Development Authority officials announced last month. Known as Aspire, the program was established under New Jersey’s 2020 Economic Recovery Act to support development projects that promise a positive return for the state, according to the Economic Development Authority.”

TO THE VICTOR BELONG THE REPUTATIONAL SPOILS — “Among those seeking leniency for Bob Menendez: a N.J. ethics commissioner,” by New Jersey Monitor’s Terrence T. McDonald: “Should someone who supports one of New Jersey’s most corrupt politicians sit on the state’s ethics commission? That’s the question I’m asking myself after seeing that Victor Herlinsky, an attorney and one of the six commissioners on the State Ethics Commission, wrote a letter to a federal judge seeking leniency for ex-Sen. Bob Menendez, who was found guilty by a jury in July of taking bribes and acting as a foreign agent … He told me his letter was merely an effort to alert the judge who will sentence Menendez about the good deeds the former senator has done. He noted that he did not ask the judge not to sentence Menendez to prison, only that he does not believe the former senator deserves a lengthy prison sentence. ‘It’s not inconsistent for somebody on the ethics commission to want to get the information to a judge so he could make a balanced decision and administer justice. I think it’s almost required, whether I’m on the ethics commission or not,’ he said.”

AN UNCONVENTIONAL PRIMARY — “Spadea to skip Cape May GOP convention,” by New Jersey Globe’s Zach Blackburn: “Bill Spadea, the conservative radio host seeking the GOP nomination for governor, will not attend the Cape May GOP Convention this year, according to a letter from his campaign manager to Cape May Republican leaders. Spadea is the second gubernatorial candidate to promise to sit out at least one convention — Jersey City Mayor Steven Fulop said last month that he won’t attend any Democratic county conventions during this year’s primary. The bypassing of the conventions emblemizes the diminished power of county parties in an era without the party line — county parties can still award slogans to their preferred candidates but not a preferred spot on the ballot. Tom Bonfonti, Spadea’s campaign manager, said that with the county line outlawed, Spadea would rather take his message straight to the voters. … Cape May County is Ciattarelli country — along with Atlantic County, Cape May was one of two counties to give the former assemblyman more than 60% of the vote in the 2021 GOP primary.”

THIS WILL MAKE SOME PEOPLE IHRATE — Jersey City Mayor Steven Fulop expressed openness to adopting a controversial definition of what constitutes antisemitism in state law if he becomes governor. Fulop, who would be the state’s first Jewish governor, was asked during a wide-ranging campaign meet-and-greet Monday whether he would support using the International Holocaust Remembrance Alliance’s definition of antisemitism. Legislation in Trenton to do so has broad support but stalled, while states around the country have adopted the IHRA’s definition“I still struggle with why people are opposed to that [using IHRA definition],” Fulop told a group of supporters in Princeton. ... “I don't see what the problem is with defining anti-semitism as something terrible — as other sorts of racist acts, islamophobia, should be similarly categorized. When I asked the groups on why they feel that that is problematic, they never give a really good answer on why that bill is such a problem.” Two of Fulop’s Assembly running mates, Democrats Carolyn Rush and Brandon Saffold, coincidentally came out in opposition to the bill Monday, citing concerns it could violate free speech rights. — Daniel Han 

R.I.P. — “N.J. State Police mourn major who died of Sept. 11-related cancer” 

—“Should New Jersey launch its own version of congestion pricing?” 

—“Gottheimer raises nearly $1.7 million in six weeks for governor’s race” 

—“Ciattarelli raises a colossal $2.9 million and qualifies for a full match” 

—“Sweeney raises almost $2.5 million, close to reaching full match” 

—“Sherrill raises nearly $1.4 million in bid for governor” 

—“How much money has NJ paid out in ANCHOR property tax rebates this year?” 

“Still no action taken to protect N.J. consumers from shoddy home contractors. Why the delay?” 

—“Ex-NJ Transit worker harassed over gender identity, sexual orientation, lawsuit says” 

—“Criminal justice reform advocates propose early release for elderly inmates” 

BIDEN TIME


SALT — Mar-a-Lago meetings to include an offer on SALT cap, by POLITICO’s Benjamin Guggenheim:  The incoming Trump administration plans to offer an expansion of the state and local tax deduction to Republican lawmakers from New York, New Jersey and California who are heading to Mar-a-Lago on Saturday for a sit-down with the president-elect. While exact details weren't available, one proposal being discussed would allow married couples to deduct $20,000 of their state and local taxes from their federal income taxes. Under current law, married couples can deduct only $10,000, which is the same for single taxpayers. In return, the so-called SALT Republicans will be expected to fall in line behind a sweeping tax bill the GOP hopes to enact later this year, two sources familiar with the new administration’s thinking told POLITICO. … The lawmakers — who represent politically competitive, high-tax districts where constituents have been dinged by the SALT cap — haven't ruled out pushing for other changes, though.

HER HUSBAND PUTTING THE BLAME ON HER MAY BIAS THE JURY — “Nadine Arslanian Menendez seeks a new delay to the start of her federal bribery trial,” by The Record’s Katie Sobko: “The saga of former Sen. Bob Menendez’s criminal trial continues in the new year. In legal filings made Tuesday, Barry Coburn, attorney for the former senator’s wife and co-defendant Nadine Arslanian Menendez, again sought to delay her trial. In a letter to U.S. District Judge Sidney Stein of New York's Southern District, Coburn asked for a further delay to Arslanian Menendez's trial, which is to begin Feb. 5. Coburn argued that because the former senator and co-defendants Wael Hana and Fred Daibes are to be sentenced on Jan. 29, it will ‘substantially exacerbate the difficulty of selecting an impartial jury, to the point where doing so likely will not be possible.’”

—“NJ coast protected by Biden’s sweeping offshore ban

—“Colleges prep international students for possible Trump travel ban” 

—“Galloway man who was in Pelosi's office during Jan. 6 riot to be sentenced Friday” 

LOCAL


WAIT’LL WE GET OUR HAYNES OFF YOU — “State judge denies Newark school board petition to unseat Dawn Haynes over legal conflict,” by Chalkbeat’s Jessie Gómez: ‘A state judge has denied the Newark Board of Education’s petition to remove one of its longest-serving members over her daughter’s attempt to sue the school district. The December decision by State Administrative Law Judge William J. Courtney is a setback in the district’s attempt to unseat six-year board member Dawn Haynes and exclude her from participating in board business and activities. Acting State Commissioner of Education Kevin Dehmer will review the case and must make a final decision on the petition by Feb. 3. … The district’s petition, also obtained through a public records request, argued that Haynes had an “irreconcilable conflict of interest” and keeping her on the board would cause “irreparable harm” after her adult daughter filed a legal claim against Newark Public Schools. In the claim, Akela Haynes alleges that she experienced religious, racial, and gender discrimination and other harassment during her time as a Newark School of Global Studies student."

COLD WEATHER, COLDER HEARTS — “Paterson moves warming center to edge of city as it weighs homeless crackdown,” by The Paterson Press’ Joe Malinconico: “As local officials weigh a crackdown on homeless encampments, the city has moved its Code Blue emergency warming center to a site on the outskirts of Paterson, about a mile from where the previous one was. The new warming center at the Salvation Army building at 545 West Broadway also is smaller than the old one. … The new location does not have cots for people to sleep on and its operating hours are shorter, advocates for homeless residents said. Church volunteers who distribute food and clothing to Paterson’s unhoused population said homeless people have told them they simply stay in their tents or cardboard boxes on subfreezing nights instead of walking the long distance to the Salvation Army building, which sits along the city’s border with Haledon.”

CUMBERLAND COUNTY — “Cumberland County lawsuit: Men say they were abused as teens at juvenile detention center,” by The Courier-Post’s Joseph P. Smith: “A lawsuit recently filed against Cumberland County in Superior Court alleges sexual abuse of minors at the county's juvenile detention center decades ago. The lawsuit is on behalf of four boys held at different times at the center and who are now adults. These alleged incidents took place between approximately 1986-2005. ‘While Plaintiffs were minors in Defendants custody at CCJDC, they were subjected to sexual abuse, including inappropriate touching, coercive sexual contact, and sexual assault by various CCJDC staff members employed by or acting under Defendant’s authority,’ the lawsuit stated."

KAL PENN FINALLY LEARNS HE DIDN’T HAVE TO DRIVE FROM HOBOKEN TO SOUTH JERSEY — “Actor Kal Penn delivers comedy set for Mussab Ali for Jersey City mayor fundraiser,” by Hudson County View’s Daniel Ulloa: “The Mussab Ali for Jersey City mayor campaign held a comedy show fundraiser headlined by New Jersey native Kal Penn of ‘Harold and Kumar Go to White Castle’ fame who also worked in the President Barack Obama Administration. After other comedians and Penn performed, Penn sat down with Ali onstage and had a discussion, which included Ali joking the White Castle in Journal Square was going to close.”

—“Dover councilman told liquor store to stop selling to 'garbage/Spanish' men, report says

—“Ocean County commissioner electrified over JCP&L outages, power grid issues” 

—“No criminal charges filed after N.J. shooting range mishap wounds 3 [Gloucester] sheriff’s officers” 

—“TAPinto Newark hires reporter to cover New Jersey’s largest city” 

—“Trenton council retreat sets as Agatha Christie whodunit” 

—“Jennifer Bacchione and Robert Arace join Ocean County Board of Commissioners” 

—“Sex with Ocean City High School student results in $485K settlement” 

—“Bergen executive renews call for Hudson-Bergen light rail expansion” 

EVERYTHING ELSE


THE PEOPLE LACKING BASIC LITERACY SKILLS ARE THE ONES TWEETING ABOUT THE LAW  WITHOUT READING ABOUT IT — “Fact checking Elon Musk's claims that NJ teachers 'don't need to know how to read',” by The Record’s Lori Comstock: “In a post on his platform X on Monday, Musk shared a screenshot of an article by a magazine titled ‘New Jersey Teachers No Longer Required to Pass State’s Basic Literacy Test,’ adding his own comments: ‘So teachers don’t need to know how to read in New Jersey? Seems like that would make it challenging to teach kids how to read." As of Tuesday afternoon, Musk's post had been viewed 18.2 million times, ‘liked’ 89,000 times and retweeted 23,000 times. … In essence, the law states that in order to get an instructional certificate, individuals will no longer need to pass the Praxis Core Test, a basic skills test for reading, writing and math that was previously required by the state's Commissioner of Education. Many educators have called the test redundant, including New Jersey Assemblywoman Dawn Fantasia, who is an administrator at a public charter school in North Jersey.”

—“Man charged in deaths of Johnny and Matthew Gaudreau pleads not guilty

—“Ocean City man injured in New Orleans truck attack that killed 14” 

CORRECTION: Yesterday I put the wrong day that members of the House were sworn in. It was Friday.

 

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