News : POLITICO New Jersey Playbook: Ian Smith's plea bargain

Tuesday, October 18, 2022

POLITICO New Jersey Playbook: Ian Smith's plea bargain

Oct 18, 2022

Presented by Anbaric Development Partners

Good Tuesday morning!

Ian Smith, the former gym owner and far-right candidate for Congress, is upset at what he feels was the media's slowness to write a follow-up story when his DUI charge from March was dismissed. The dismissal was part of a plea deal that involved him pleading guilty to refusing a breathalyzer test, careless driving and requiring him to install a breath alcohol ignition interlock device for nine months.

"What's a guy gotta do to get the worthless journalists of NJ to do my followup story?" Smith tweeted Friday . "I was accused of driving drunk, and it's dismissed," he said in a phone interview. "What I won't be is dragged through the mud as a drunk driver by a bunch of people who think they already know what happened."

Smith believes this is vindication. Is it? Let's go over the facts. Smith served years in prison because, at age 20, he drove drunk, ran a stop sign and smashed into another car, killing 19-year-old Kevin Ade . Then, 15 years later, he ran for the Republican nomination for Congress after becoming an anti-lockdown, anti-vaccine media star. In March, during his campaign, Smith was arrested again and charged with DUI in Cinnaminson.

The dashcam footage from the Cinnaminson police showed Smith's truck weaving on Route 130 . Smith admitted drinking one margarita, later amending that to a double margarita. As I said at the time , I didn't feel qualified to judge whether Smith passed or failed his field sobriety test based on the video.

None of that has changed. And prosecutors offer plea deals all the time. Given his history and knack for cultivating publicity, Smith shouldn't be surprised that the media covered aggressively.

As Smith's co-owner, Frank Trumbetti, told the Pine Barrens Tribune back in June: "He admitted to having had a drink, then said it was a double. A person with the past that he has and under the scrutiny he was shouldn't have been behind the wheel if he had anything to drink at all. We need to be held accountable and learn from our mistakes."

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 254

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

WHERE'S MURPHY? — Utah for a National Governors Association meeting. Acting Gov. Sheila Oliver has — wait for it — no public schedule.

QUOTE OF THE DAY: "Things have happened in my life." — State Sen. Fred Madden (D-Glouceter), rumored to be retiring after this term, on why he wouldn't support a a temporary workers' rights bill he backed before . Madden said he had a conflict of interest but wouldn't disclose it.

HAPPY BIRTHDAY: Former Alpha Mayor Harry Zikas Jr. and New Brunswick BA Michael Drulis

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WHAT TRENTON MADE

DID SUISSE SETTLE BECAUSE THEIR DEFENSE WAS FULL OF HOLES? — New Jersey, Credit Suisse settle 9-year-old mortgage securities case for $495M , by POLITICO's Matt Friedman: The banking giant Credit Suisse has agreed to a nearly half-billion dollar settlement with New Jersey over "toxic" mortgage-backed securities it sold in the lead up to the 2008 financial crisis, ending a nearly decade-long case that had been expected to go to trial soon. The $495 million settlement includes about $300 million in investor restitution nationwide and a $100 million penalty. New Jersey had sought $3 billion when it filed the lawsuit in 2013

A TEMP SETBACK — " In surprise move, lawmakers nix vote on landmark N.J. temp worker rights bill ," by NJ Advance Media's Matt Arco and Kelly Heyboer: "State senators on Monday abruptly canceled a planned vote on legislation that has been years in the making and would give sweeping new rights to temporary workers across New Jersey — a surprise move that sparked a loud protest from advocates inside and outside the state Senate chambers in Trenton. The proposed law (S511) has been strongly opposed by business leaders but was expected to be voted on and sent to Gov. Phil Murphy, who likely would have signed it into law. Murphy, a Democrat, recently conditionally vetoed an earlier version of the bill. He suggested changes to the measure, which the state Assembly agreed to earlier in the month by a 41-38 vote along party lines. But the Senate, the upper house of the New Jersey Legislature, still needs to pass the updated version before Murphy can decide whether to sign it. 'It didn't have enough support today,' Senate President Nicholas Scutari, D-Union, told reporters after the session at the Statehouse. 'There just wasn't enough votes.' Asked if the bill is dead, Scutari said: 'No, I think it will come back.'"

SCOTSONJ — Senate confirms Fasciale, Wainer Apter to state Supreme Court , by POLITICO's Matt Friedman: The state Senate on Monday confirmed Rachel Wainer Apter and Doug Fasciale to the state Supreme Court, filling two of the seven-member court's three open seats. Wainer Apter, 42, director of the state Division of Civil Rights and a Democrat whom Gov. Phil Murphy first nominated in March 2021, was approved, 23-14, after several Republicans criticized her "activist" background and light legal experience in New Jersey. Wainer Apter, 42, director of the state Division on Civil Rights and a Democrat whom Gov. Phil Murphy first nominated in March 2021, was approved, 23-14, after several Republicans criticized her "activist" background and light legal experience in New Jersey. The vote was largely along party lines, with one Republican, Bob Singer (R-Ocean), voting in favor. Fasciale, 61, a Republican and Superior Court judge Murphy nominated just last month, easily cleared the upper house, 37-0.

OPAI: OFFICE OF PUBLIC ALCOHOL INTOXICATION — " Attorney General's Office detective gets arrested at N. Wildwood bar ," by Breaking AC's Lynda Cohen: "A sergeant with the state Attorney General's Office was arrested last month when she allegedly kept trying to sneak into a North Wildwood bar several times after she had been kicked out. Danielle Oliveira, 32, was charged with defiant trespass on Sept. 24, during the Irish Fall Festival . She told arresting officers that she worked for the State Police, which was captured on body camera footage obtained by BreakingAC. But she is actually a sergeant with the Attorney General's Office of Public Integrity and Accountability …

"Another member of the office, Lt. Cortney Lawrence, told North Wildwood Police Lt. Adam McGraw that her friend — who is poised for a promotion to lieutenant — investigates police-involved shootings in the northern part of the state. In fact, Lawrence claimed it was a police-involved shooting that caused Oliveira to leave the bar and take a call outside. BreakingAC was unable to find any evidence of a police-involved shooting that night. There also is the question of how a detective who was determined by police to be intoxicated would be on call for such an incident."

— " Murphy to hit the road again to help fellow Democratic governor "

— Concealed carry bill clears first legislative hurdle

—" McDonnell taking top post in Attorney General's Office; Berns will move to governor's staff "

—" Saudi-funded LIV Golf could get banned from NJ, Trump's course "

—" NJ's new K-12 mental health network meets resistance from some educators "

—" Online lottery tickets sold by NJ could be an option for players next year "

—" Health insurance network 'adequacy' for all? "

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BIDEN TIME

DOBBLING DOWN — " NJ has an abortion referendum Nov. 8. Here's how the GOP is managing that reality ," by The Record's Charles Stile: "The conventional advice guiding New Jersey congressional candidates as they approached the sensitive issue of abortion was fairly simple: Take a clear position and stick to it. Don't equivocate and try to please everybody. It's not possible. Garden State voters will ultimately respect your clarity and your taking a principled stance, even if they might disagree with it. This year, the advice has been thrown out the window. Instead, Republican candidates are contorting themselves in search of neutral or minimally damaging positions that neither frighten moderates, independents and dispirited Democrats nor anger socially conservative, anti-abortion voters in the Republican base …

"Despite stressing his longtime pro-choice credentials, Kean's position is nearly identical to Sen. Lindsey Graham's proposed federal ban on abortion. The South Carolina Republican would ban abortions after 15 weeks with the same exceptions … Paul DeGroot, a candidate for the 11th Congressional District, based in Morris County, is another Republican seeking a safe place that offends nobody. DeGroot let reporters know that he attended a rally in Montclair earlier this month with abortion rights supporters incensed by the Dobbs ruling. Yet DeGroot has also planted his other foot firmly in the anti-abortion camp by also expressing solidarity with the Dobbs decision and its core directive that the power to determine abortion laws rests at the state level … Despite his vow not to support a national ban, DeGroot told the editorial board he would be 'comfortable' discussing a ban after 20 weeks, much like Kean's position and five weeks longer than Lindsey Graham's."

—" Economy tops N.J. voters' concerns with Biden midterm election weeks away, poll shows "

—" Donald Norcross, Claire Gustafson meet again in 1st Congressional District race "

—" NJ police chiefs, legislators back Sherrill's $150M plan to fight auto theft "

—Snowflack: " Rumble in the Rose City: Sherrill and DeGroot campaign amid 'lies' and anger "

—" NJ midterms: Who's winning the cash race for Congress? "

— Coughlin's SDA reform bill faces hurdles

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LOCAL

— " Mom of Colonia H.S. students said she's found evidence of toxic chemicals inside, outside school ," by NJ Advance Media's Matthew Stanmyre: "The mother of two Colonia High students who believed not enough environmental testing was done in the aftermath of reports of a possible brain tumor cluster connected to the school told NJ Advance Media she has found evidence of highly toxic chemicals at Colonia through her own independent testing. The mother, Edyta Komorek, who has worked as an environmental scientist since 2006, said she collected dust, window caulk and soil samples from Colonia that tested for excessive levels of polychlorinated biphenyls (PCBs), chlordane, heptachlor and heptachlor epoxide — all carcinogenic compounds that can lead to cancer and other diseases … Earlier this year, Colonia graduate Al Lupiano, also an environmental scientist, discovered more than 100 teachers and alums of the school who reported having brain tumors, drawing international attention to the community and sparking state and local investigations. In May, the district and state announced an environmental assessment of all 28 acres in and around Colonia found no traces of radiological contaminants and the school was deemed safe for students and staff."

CUMBERLAND COUNTY — " Vineland mayor sued by laid-off police investigator, political retaliation claimed ," by The Daily Journal's Joseph P. Smith: "Mayor Anthony Fanucci is well into his second term of office, but a recent lawsuit by a former city employee is reviving some political drama left over from his successful 2020 re-election campaign. The lawsuit, filed in September in Cumberland County Superior Court, claims police investigator Fernando Castillo was laid off in retaliation for campaigning for another mayoral candidate. The plaintiff ran candidate Jeffrey Riggione's mayoral campaign in 2020, the lawsuit states. The lawsuit alleges that employment rules and policies were manipulated to expose Castillo to removal, while at the same time preserving jobs for other police employees and enabling new hiring. Castillo was laid off effective May 10, 2021, according to the complaint. The lawsuit states: 'In front of the plaintiff's daughter and in view of his neighbors, Acting Chief Casiano said, 'I came to serve you with a layoff notice. I know you work tomorrow, but the city wanted this done immediately. Sorry.'"

THE WHOLE CITY IS MCGRIEVING — " Jersey City jobs program, a once thriving community resource rocked by scandal, officially [closed] Friday ," by The Jersey Journal's Teri West : "At its core, the Jersey City Employment and Training Program set out to do one thing — help people get jobs — and for many years, it quietly did just that … people who got entangled in the chaos and upheaval within the program several years ago are lamenting it as a sad day for Jersey City … JCETP was newly overseeing a prisoner re-entry program in Jersey City and was headed by former Gov. Jim McGreevey — his first political appointment since resignation as governor 10 years prior. Spirits were high. Within six years, McGreevey was out and an exodus of longtime board members like Bob Knapp began."

—" Solomon: Jersey City's $925k settlement for man who got jaw broken by cop shows need for CCRB "

—" Dems have held Passaic sheriff seat for 2 decades. Could November election change that? "

—" Upper Saddle River mayor resigns, citing mounting project concerns and family "

—" Fulop Super PAC putting big dollars behind Gusciora re-election bid "

—" Ex-Wallkill union president files lawsuit against school officials claiming retaliation "

—" How a planned Passaic land swap could bring a new high school and city hall "

—" Jersey City school district hires interim business administrator; judge asked to toss former BA's lawsuit "

—" Murphy backs reelection of Trenton Mayor Gusciora "

— Mayor backs state oversight of Trenton Water Works

—" Newark schools' crossing guard shortage prompts search for solutions "

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today .

EVERYTHING ELSE

THE TRACK IS JAMMED WITH BROKEN HORSES ON A LAST CHANCE POWER DRIVE — " Freehold Raceway, 'the Jersey track,' is in a precarious position. Can it be saved? " by The Asbury Park Press' Joe Strupp: "While it boasts being the oldest harness-racing facility in the United States and offers some of the sport's most iconic memories, the raceway's crowds are minimal and wagering revenue has fallen by 46 percent since 2013, data shows. Betting on horse racing itself at the track is down more than 50 percent in that span, and accounted for less than 10 percent of its $14 million in revenue last year, state data show. For many local visitors, Freehold Raceway Mall — actually located next door in Freehold Township — is more well-known and popular than the dirt-covered oval for which it's named. 'It's a struggle and it is becoming more and more challenging,' said Chris McErlean, vice-president of Penn Entertainment, which co-owns the racetrack … And a five-year statewide subsidy for racetracks — which has given Freehold Raceway $1.6 million annually since 2019 — is set to end next year, officials said. At the same time, the Standardbred Breeders and Owners Association of New Jersey (SBOA) – which represents owners, harness-racing drivers and others who work at the tracks — is seeking a new contract with Freehold Raceway that seeks larger prize money and better benefits."

RELIGION — " An aspiring young pastor was 'a godsend.' Then came the letters that divided a N.J. congregation ," by NJ Advance Media's Keith Sargeant : "The nervous young woman waited for the beloved pastor to leave town. Reassured that he was three states away, she walked into her church's administrative office on the morning of July 27, 2021. She clutched a confidential letter in her hands. Nothing would ever be the same at First Presbyterian Church of Metuchen. The multipage letter accused Justin Karmann — the Rev. Justin Karmann, the handsome and charismatic associate pastor some church officials called 'a godsend' — of using his role to manipulate women in the congregation and initiate sexual relationships, including with her, interviews and documents obtained by NJ Advance Media revealed. And it warned he would do it again."

—" N.J. amusement park accidents reports plummeted this year, but there's a catch ,"

—" The many faces of Rev. Justin: An inspiring young pastor was a 'godsend.' Then came the letters that divided a N.J. congregation "

—" Atlantic City International Airport to host national airline conference in 2023 "

—" Shelter dog found a month after escaping from Newark Airport flight "

—" NJ Transit driver and 5 passengers hurt after minivan rear-ends bus, officials say "

—" Humpback whale surprises Bucks County father and son fishing at Jersey Shore "

CORRECTION: In yesterday's edition, I misspelled Eatentown as Eatenton. As with some previous errors, I do not regret this one. I think Eatenton sounds better. The town should consider a name change.

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