Friday, March 18, 2022

POLITICO New Jersey Playbook: Bribery could soon be charged as bribery in N.J.

Presented by Anbaric Development Partners: Matt Friedman's must-read briefing on the Garden State's important news of the day
Mar 18, 2022 View in browser
 
New Jersey Playbook

By Matt Friedman

Presented by Anbaric Development Partners

Good Friday morning!

Ten years ago, federal bribery charges against former Assemblymember Lou Manzo were dismissed — charges that sprang from $27,500 in alleged bribes he took from FBI cooperator Solomon Dwek during his 2009 Jersey City mayoral campaign. This wasn't because Manzo was found to be innocent or for lack of evidence. The charges were tossed on a technicality: Manzo, who at the time was not in office, couldn't have sold access to an office he didn't hold. New Jersey's bribery statutes, the courts found, only applies to "public servants" who who hold an office.

Seriously.

I know of at least two other corruption cases since then that have been tossed out on this technicality. There was former Assemblymember Jason O'Donnell's alleged bribe by attorney Matthew O'Donnell (no relation) for promising tax work if he won the 2018 Bayonne mayoral race. And 2009 Jersey City council candidate Michael Manzo's (no relation to Lou) guilty plea to taking a $5,000 bribe from Dwek. Michael Manzo, by the way, got a job in 2013 in Jersey City's public safety department and now faces assault charges. I could do a whole separate rant on how someone who admitted taking a bribe went back into public employment but I'll spare you.

Now, it looks like the state may finally be doing something about this gaping loophole. Assemblymember Greg McGuckin (R-Ocean) in 2012 introduced a bill that would also apply the bribery statute to candidates, regardless of whether they're in office at the time. It didn't go anywhere until yesterday, when it was approved by the Assembly State and Local Government Committee unanimously and without debate. And on Monday, a Senate version sponsored by Joe Cryan (D-Union) is scheduled for a hearing in the Senate Judiciary Committee.

It's amazing that it took 10 years for this legislation to move. If you have an argument as to why candidates for office should be exempt from bribery charges, I'd be interested in hearing it.

Read more about it here.

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 31

WHERE'S MURPHY? No public schedule

QUOTE OF THE DAY:  "If Mr. Mendez can prove where he got the cash for the stolen Range Rover, I'll donate $50,000 to any charity of his choice." — Paterson developer Charles Florio about councilmember and mayoral candidate Alex Mendez

HAPPY BIRTHDAY — Saturday for state Sen. Patrick Diegnan, Assemblymember Angelica Jimenez, former Assembly candidate Anjali Mehrotra. Sunday for Democratic consultant Adam Silverstein, Newark Housing Authority's Victor Cirilo, CIG's Gerry Gibbs, Zwicker COS Petra Gaskin

TIPS? FEEDBACK? HATE MAIL? Email me at mfriedman@politico.com

 

A message from Anbaric Development Partners:

This much is clear – offshore wind energy is coming to the Garden State. New Jersey is committed to bringing clean and affordable energy to our homes and businesses and the green jobs and economic investment that come with the energy revolution. Anbaric stands ready to deliver offshore wind energy to shore with planned transmission infrastructure. Learn more about Anbaric's plan.

 
WHAT TRENTON MADE


PRESIDENTIAL CANDIDATES WOULD BE ALLOWED TO TAKE BRIBES — New Jersey Democrats pushing for state to hold early presidential primary , by POLITICO's Katherine Landerga n: New Jersey Democrats are asking the Democratic National Committee to consider the Garden State as an early presidential primary location. Democratic State Committee Chair LeRoy J. Jones made the suggestion in a letter Wednesday to DNC Chair Jaime Harrison. New Jersey should be considered as one of the first presidential primary states as the DNC Rules and Bylaws Committee considers modernizing its primary calendar, Jones said. Democrats have criticized Iowa for going first in the presidential primary process, particularly because of the Hawkeye State's lack of racial diversity. Iowa, a state of 3.1 million people, is about 90 percent white. New Jersey is among the last states to hold its presidential primaries and the results rarely have an impact on who the nominees of the respective parties will be.

BECAUSE WE BORROWED NY'S CREDIT CARD AND SOLD DELAWARE TO CHINA WHEN PENNSYLVANIA WASN'T LOOKING — "NJ has more tax money now than ever. Why?" by NJ Spotlight News' John Reitmeyer: " The Murphy administration's latest forecast revision has added more than $4.6 billion to the budget's bottom line for the fiscal year that ends in June. That's a substantial sum for a state that has historically had trouble keeping up with all its spending commitments, including the K-12 school-aid law, which hasn't been fully funded in years … The sources of this year's windfall include all the state's top categories of tax revenue. An improving job market has lifted income tax collections, while steady consumer spending and strong corporate profits are also contributing, the budget documents say. But amid the state's good fortune — Murphy's proposed budget calls for record-high spending, totaling nearly $49 billion for the coming fiscal year — are concerns about how long the revenue hot streak will last, especially as the pandemic remains a major wild card … But it wasn't that long ago that Murphy was predicting that the pandemic would create historic revenue losses not seen since the Great Depression."

POLITICAL CLIMATE TAKES PRECEDENCE Murphy's first-term climate goals turn to second-term worries for New Jersey green groups, by POLITICO's Ry Rivard: Gov. Phil Murphy has given three major speeches since the beginning of the year and barely mentioned one of his signature issues — climate change. Murphy's relative silence on climate has unnerved environmentalists. Just last fall, they were rejoicing at the reelection of a progressive Democratic governor who had Al Gore's backing during his first campaign and was talking regularly about extreme weather and climate change in the weeks before he won a second term. Days after he won, Murphy seemed like he would stay focused on climate .... Since then, however, Murphy has made only passing references to climate change in major speeches. His State of the State and inaugural address and last week's budget address barely mentioned climate issues.

MIRANDA WARNINGS NOW ONLY REQUIRED AS SPOILER ALERTS FOR NEW SEASON OF SEX AND THE CITY — "N.J. Supreme Court reverses ruling that had expanded Miranda rights," by New Jersey Monitor's Sophie Nieto-Munoz: "The New Jersey Supreme Court declined to make a sweeping change to Miranda rights rules in a 3-2 decision Wednesday that the two dissenting judges said will 'erode faith in our criminal justice system' The opinion reverses a lower court ruling that had been in favor of Anthony Sims Jr., a man convicted of a 2014 attempted murder in Red Bank. Sims claimed his Miranda rights were violated after his arrest because officers didn't say they suspected he committed the crime before they interrogated him, but the court's ruling says officers are required to tell suspects only about existing charges they face, not charges they may face in the future. Anything else would be unworkable, Justice Amy Patterson wrote in her majority ruling, 'because it would require police officers to speculate on the charges that an arrestee might face when no judge has issued a complaint-warrant or arrest warrant.' Patterson's opinion was joined by Chief Justice Stuart Rabner and Justice Lee Solomon. Justices Barry Albin and Fabiana Pierre-Louis dissented, with Albin saying defendants can't have a fair trial if they waive their Miranda rights without being properly informed of the charges they face.'"  

THE PRE-SCUTARI ANCESTRAL HOME TO ALL OF NJ'S POLITICAL LEADERSHIP  — Murphy heading to Ireland for four-day economic mission, by POLITICO's Daniel O'Connor: Gov. Phil Murphy announced Thursday that he will embark on a four-day economic mission to Ireland late next month. Murphy, who is of Irish heritage, said he will travel to Dublin and Cork, two of Ireland's largest cities and economic engines, to focus on expanding Irish investment in the Garden State. Exact dates of the trip were not announced. The trip, which was delayed three times due to Covid, aims at "taking the case for New Jersey directly to the boardrooms," Murphy said during a St. Patrick's Day ceremony at Paterson City Hall. Context: The mission to Ireland will be Murphy's third international economic trip since taking office."

—"Insurance executive will lead casino reinvestment agency

—" Dockworkers union blasts 'shameful' N.Y. for opposing N.J. move to kill Waterfront Commission

—"N.J. gas tax would be rolled back to ease rising prices at the pump under new bill

 

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BIDEN TIME


NEW TOURISM MARKETING CAMPAIGN: 'THE SACK RIVER IS SUPERFUN!' — "EPA names part of Hackensack River to Superfund list," by The AP: "Sediment in a stretch of the Hackensack River in northern New Jersey has traces of arsenic, lead and other contaminants and was named Thursday as a U.S. Environmental Protection Agency Superfund site, federal and state regulators said. Later assessments could reveal more about possible health effects, but for now, officials cautioned that the contaminants could be absorbed by fish in the 19-mile (30-kilometer) stretch of river, which runs from the Oradell Reservoir Dam nearly to the mouth of Newark Bay. Warnings against consuming any fish from the river have already been posted, officials said. The listing means that the site will undergo a clean-up process, funded by still unidentified responsible parties, but that could take years."

DWI — "Sen,. Cunningham's attorney to file motion demanding discovery evidence or have DWI case dismissed," by The Jersey Journal's Ron Zeitlinger: "The attorney for state Sen. Sandra Cunningham Thursday agreed to drop his motion to dismiss the charges and file a motion that would force the state to hand over discovery evidence or have her year-old DWI case dismissed. At a virtual hearing in front of Bergen County Municipal Court Judge Anthony Gallina, Michael Rubas' frustration was evident as he detailed failed attempts to get all the discovery evidence related to the charges that stem from Cunningham's March 4, 2021 crash on Culver Avenue in Jersey City. Since the last status hearing on Jan. 6, 'I did not receive one item of discovery,' Rubas told the court, later noting that 'the last email of discovery that I received from (Prosecutor) Ms. (Linda) Schwager is Jan. 4.'"

—"700 Afghan refugees settle in N.J. as stay at military base ends

—" [Pallone]wants oil companies to justify the high cost of gas"

—"Malinowski on Ukraine: 'Don't discount what we're doing now'

 

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LOCAL


DAVIS PAINTS A PURDY PICTURE — Keith Davis to resign as Atlantic County GOP chair after 16 years, by POLITICO's Matt Friedman: 'Keith Davis, the longtime Republican chair of Atlantic County, who was expected to face a tough challenge for his post, announced Thursday that he will step down to lead a new super PAC. "While leaving as Chairman is a difficult decision, I have recognized how campaigns are funded has changed significantly over the past decade," Davis, who's led Atlantic County's dominant political party for 16 years, said in a statement. "Super PACs are the future." Don Purdy, the former Galloway Township mayor and a close ally of recently elected state Sen. Vince Polistina (R-Atlantic), told conservative radio host Harry Hurley that he planned to run for chair. Hurley wrote that Purdy was the "strong favorite" for the post and had already wrapped up the support of most of the county's municipal elected Republicans, in addition to Polistina.

MIGHT AS WELL RUN TODD CALIGULA — "Old xenophobic mailer could haunt Caliguire bid for Bergen County executive," by New Jersey Globe's David Wildstein: "Republicans appear to have settled on perennial candidate Todd Caliguire as their pick for Bergen County Executive, but a controversial, race baiting, anti-Asian mailer from a campaign fifteen years ago might doom his candidacy. Buoyed by Jack Ciattarelli's 47% showing in Bergen County in last year's gubernatorial race and polling that shows the popularity of President Joe Biden and Gov. Phil Murphy dropping — and a special election win in usually-Democratic Maywood last month — the GOP had hopes of denying Democrat James Tedesco a third term. Caliguire won a vote of the Bergen County GOP Policy Committee — their version of a screening committee — on Tuesday with 81% of the vote in a four-candidate race. That almost assures him a win at the March 23 Republican convention … Democrats seem thrilled by the prospect of a Caliguire candidacy … It was his last campaign — a 2007 GOP primary for State Senate against Kevin O'Toole (R-Cedar Grove), whose mother was born in Korea — that will probably come back to haunt him. His responsibility for the mailer essentially attacking him for being Asian American in a county that has seen its Asian American population grow by 31% over the last decade and is now 18.4% of the Bergen County's population will likely become an issue in his political comeback bid."

GOP TALKING POINT ABOUT LOW JERSEY CITY PROPERTY TAXES IS THREATENED — "As Jersey City ed board weighs major tax hike, taxpayers come to terms with it, or don't," by The Jersey Journal's Jake Maher: "The Jersey City school district dropped residents' jaws earlier this week when interim Superintendent Norma Fernandez released the numbers on its new budget: $955 million for the next year, a 15% increase from the 2021-22 school year, and an increase to homeowners' school taxes by an average of nearly $2,400. As the dust settles from the initial announcement and the board prepares to vote on that proposal, residents, politicians and outside experts expressed a range of opinions on the budget, from optimism to weary acceptance to disapproval of the tax hike. 'I do understand the numbers look a little scary and intimidating, but I think it's what needs to be done,' said Danielle Walker, the mother of two students and a member of local advocacy group Jersey City Together."

ONE STATE UNDER A GROOVE — "George Clinton honored in Plainfield, Newark: P-Funk founder retraces his roots in big day," by The Asbury Park Press' Chris Jordan: "New Jersey officially got a whole lot more funkier on March 17. Music icon George Clinton, the founder of Parliament Funkadelic, was honored in Plainfield and Newark as part of an 80th birthday celebration. Five blocks of Plainfield Avenue in Plainfield was renamed 'Parliament Funkadelic Way' by the city. 'We just turned this mother out,' quipped Clinton. The crowd spontaneously barked, chanted 'We are here!' and sang the P-Funk classic, 'Give Up The Funk (Tear The Roof Off The Sucker)' as Clinton held up a 'Parliament Funkadelic Way' street sign. 'George Clinton broke right here and he literally put Plainfield on the map as a result of his world fame,' said Plainfield Mayor Adrian O. Mapp"

R.I.P. — "'Big shoes to fill': North Haledon's former Mayor Renate Lampe has died at 81

New Jersey State Police say they are prepared to regulate waterfront activity

—"18 months later, N.J. SEC reprimands ex-JC BOE Trustees Thomas, Roman over Lyles settlement

—"South Brunswick school board president won't resign: 'There is nothing to hide'

—"Hillsborough faces 'difficult decisions' after NJ reduces school aid"

—" Bruce Springsteen center won't give Freehold firefighters the boot prematurely

 

DON'T MISS POLITICO'S INAUGURAL HEALTH CARE SUMMIT ON 3/31: Join POLITICO for a discussion with health care providers, policymakers, federal regulators, patient representatives, and industry leaders to better understand the latest policy and industry solutions in place as we enter year three of the pandemic. Panelists will discuss the latest proposals to overcome long-standing health care challenges in the U.S., such as expanding access to care, affordability, and prescription drug prices. REGISTER HERE.

 
 
EVERYTHING ELSE


SOUR GRAPES — "Grapes were in a container, so store wasn't liable for woman's slip, N.J. court rules," by NJ Advance Media's Steve Rodas: "A 56-year-old woman was not able to hold a Linden Sam's Club liable for negligence after she slipped on a grape there because of how the fruit was stored, a New Jersey Supreme Court ruled Thursday. Grapes sold in closed clamshell containers — as opposed to open-top bags — '(do) not create a reasonably foreseeable risk that grapes will fall to the ground in the process of ordinary customer handling,' according to an excerpt from the ruling. Aleice Jeter, 56, slipped and fell in the 'main aisle' of the Sam's Club wholesale store in Linden in the spring of 2017, court documents showed. Jeter reportedly turned from the checkout area when she forgot an item and slipped — finding grapes stuck on her shoe afterward, according to the ruling. After the fall, an ambulance was called for Jeter who had 'serious bodily injuries,' court documents said … The New Jersey Supreme Court, which began to hear the case Jan. 3, said Thursday that Sam's Club was aware it 'wasn't uncommon' for customers to open the clamshell containers. However, during proceedings an assistant store manager 'indicated that practice was viewed as tampering and was 'frowned upon.'"

WILL THEY MAKE THE PILOTS PEE IN BOTTLES? — " Protesters oppose Newark Airport Amazon air hub deal at Port Authority's first in-person meeting," by NJ Advance Media's Larry Higgs: "Protesters greeted the Port Authority's first in-person board meeting since the pandemic on Thursday to oppose an August 2021 agreement to build an Amazon Air hub at Newark Airport and asking the authority to revisit the deal. Opponents reiterated their objections to Amazon leasing two buildings at Newark Airport to a 250,000-square-foot global air cargo campus charging the plan will hurt minority communities, take away high-paying union jobs and increase air pollution and truck traffic in nearby neighborhoods. They also contend the vote last summer was done at the last minute without a chance for public comment … Several speakers voiced concern about more pollution being inflicted on a neighborhood already affected by air pollution and associated diseases, such asthma, from the airport and port emissions."

—Opinion: "Do we really need an Amazon Air Hub at Newark Airport?

—"N.J. Court upholds texting conviction of driver using Google Maps

—Opinion: " NJ schools were facing a staffing crisis before COVID. Now, the challenges are daunting"

—"New Jersey Hospital Association donates 40,000 doses of medicine for Ukraine "  

 

A message from Anbaric Development Partners:

With a goal of 7500MW of energy from offshore wind by 2030, New Jersey is leading the way on clean energy, but these ambitious goals require bold solutions and steadfast partners. At Anbaric, creating a renewable energy future is more than just our industry—it's our passion.

As the leading industry advocate for a planned transmission approach, Anbaric has long understood the importance of delivering wind energy to New Jerseyans efficiently and responsibly. With a transmission-first approach that protects ratepayers and our marine environment, Anbaric is proud to provide solutions to meet the needs of the clean energy economy today and well into the future.

Submitted in response to the state's first-in-the-nation transmission solicitation, Anbaric's bid package offers transmission solutions that are cost-effective and environmentally sound. Read more about how Anbaric is working to achieve clean energy goals across the east coast.

 
 

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