Monday, November 25, 2024

Did federal prosecutors really say Norcross had 'committed no crime'?

Presented by Johnson & Johnson: Matt Friedman's must-read briefing on the Garden State's important news of the day
Nov 25, 2024 View in browser
 
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By Matt Friedman

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Johnson & Johnson

Good Monday morning!

Two U.S. Attorney’s Offices who looked into George Norcross and allies’ Camden land dealings concluded he “committed no crime.”

No, wait, sorry. The U.S. Attorneys Offices never actually wrote that, as pointed out by the Attorney General’s Office. That quote is from former Attorney General Jeff Chiesa and attorney Lee Vartan — lawyers for Norcross co-defendant Bill Tambussi — characterizing two federal decisions not to prosecute in a legal briefing last week.

These are the quotes: 

“Based on a review of the applicable law and evidence obtained during the investigation, we have concluded that no further action is warranted. Accordingly, this matter has been closed.” — New Jersey U.S. Attorney’s Office from 2018

“Based upon review of the available admissible evidence, the applicable law, the probability of a successful trial and the prosecution standards of the office, it is our opinion the matter should not be the subject of a federal prosecution.” — U.S. Attorney from the Eastern District of Pennsylvania, 2023.

Both of those quotes were included in the Tambussi legal team’s press release on a motion to compel prosecutors to turn over federal wiretap applications for Norcross. The state says it’s provided the wiretap applications relevant to its case and that it has asked the feds to provide additional ones the defense has requested.

Anyone who’s watched political corruption investigations knows that a decision not to prosecute does not necessarily mean there was no crime. But Tambussi’s lawyers suggest that Attorney General Matt Platkin’s prosecution of Norcross is a politically-motivated witch hunt. And it’s not the only evidence Chiesa and Vartan present. They argue that federal agents who “shopped” the case against Norcross to two different federal offices who turned it down, then kept shopping it until they found a taker in Platkin. Platkin’s office went so far as to deputize federal agents as deputy attorneys general, with one quitting the FBI and being hired by its Office of Public Integrity and Accountability, according to the lawyers. “In other words, the same investigators and prosecutors have shopped the same facts involving the same defendants to three different prosecutors’ offices for nearly a decade until one finally said yes,” read their statement.

Platkin’s office hit back in his own letter Friday, noting the prosecutors never said “no crime” and that the Norcross wiretaps were part of an investigation into infamous Philly union leader John “Johnny Doc” Dougherty. “That the U.S. Attorney’s Office on the Pennsylvania side of the Delaware River used wiretap materials that federal officials alone generated to prosecute a Norcross associate while declining to pursue Norcross and his codefendants for different criminal schemes in New Jersey is no barrier to this prosecution,” they wrote.

They also included what I interpreted as a little shot at Tambussi. See that below.

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

QUOTE OF THE DAY: “That is precisely what New Jersey, a ‘separate sovereign from the Federal Government,’ is doing here to safeguard its residents from corruption — even if it invites the wrath of powerful people like George Norcross or less powerful people like [Bill] Tambussi.” — the attorney general’s letter

HAPPY BIRTHDAY — Luke Bohm, Mary Maples, Fatima Heyward, John Heinis

WHERE’S MURPHY? In Lawrence Township at 11 a.m. for Col. Yvonne Mays' promotion to brigadier general.

PROGRAMMING NOTE — We’ll be off for Thanksgiving this Thursday and Friday but back to our normal schedule on Monday, Dec. 2.

 

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WHAT TRENTON MADE


NORCROSS EXAMINATION — “George Norcross exploited ‘overwhelming political influence’ to extort rivals, prosecutors say in fight to allow charges to reach a jury,” by The Philadelphia Inquirer’s Andrew Seidman and Jeremy Roebuck: “New Jersey prosecutors balked at George E. Norcross III’s efforts to recast tactics he used to prevail in Camden waterfront land deals as nothing more than 'hardball business negotiations' and urged a judge to allow a jury to decide whether the Democratic power broker had broken the law in his pursuit of lucrative property. That argument, laid out in a 146-page court filing late Friday, came two months after Norcross — an insurance executive and board chairman at Cooper University Health Care — pushed Mercer County Superior Court Judge Peter Warshaw to toss a 13-count racketeering indictment brought against him and five others this summer, arguing the charges were fatally flawed. But prosecutors, in their court papers, insisted those claims were better suited for a jury and maintained the indictment was clear in its description of how Norcross and his codefendants criminally profited from their control over Camden government and gained the upper hand in business deals.”

OUT OF THE WILD — “Can these Capitol Hill roommates lead Democrats out of the wilderness?” by The Washington Post’s Karen Tumulty: “If the future of the Democratic Party hinges on its candidates connecting better with the pressures that average Americans are feeling, there might be no greater hope for the losing side at this moment than Abigail Spanberger of Virginia and Mikie Sherrill of New Jersey. The two congresswomen, both moderates, have shared a Capitol Hill apartment for the past four years, eating frozen entrées from Trader Joe’s and balancing their work as legislators with their roles as busy moms … And now, they have something else in common: The two women are strong contenders to be the next governors of Virginia and New Jersey. Their races in 2025 will show how well Democrats are heeding the lessons of 2024 … The apartment they have shared Mondays through Thursdays when Congress is in session was no palace. They sat on a stained 20-year-old living room couch that Spanberger dragged out of storage. Dinners together were eaten off Sherrill’s gold-rimmed wedding china, which — inconveniently — couldn’t go in the microwave. To occupy what little free time they had, they drank a lot of coffee, occasionally took a sauna and resolved to make more visits to the gym. The mention of that last one brought a burst of laughter. ‘Aspirational,’ both of them admitted.”

A LEAGUE OF THE OWNED — “What just happened? Concluding Atlantic City postscript,” by InsiderNJ’s Max Pizarro: “In Atlantic City, the horror of another Donald Trump presidency turned fast not merely to acquiescence but to a hundred miniaturized imitations of Trump in a setting not only garishly conducive to the exercise but in fact the profane equivalent of a holy birth site. After all, Trump got his start here in the casino trade, an adventure ramrodded by the rubber stamps of NJ politicians not quite persistently affronted by his persistent ascendency. Amid concocted opulence, not too many cocktails transformed any number of drunken middle-aged bureaucrats roaming the halls of Caesar’s Palace, each into the second coming of Caligula’s tormented little cousin. On the barstools and in the reflective dens on the other side of those stools, insiders tried to make sense of what happened this year at the League of Municipalities. Did anyone among those gambling for the office of NJ governor somehow emerge from the crammed interactions with an upper hand?”

 

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FOR THE BIRDS — “NJ lawmakers consider restricting use of bird feeders. Here's why,” by The Asbury Park Press’ Juan Carlos Castillo: “Jim Wright, who writes the bi-weekly Bird Watcher column for The (Bergen County) Record, received the following statement from state Sen. Gordon M. Johnson (D-Bergen), one of the sponsors of the bill. ‘The bill, as written, is being amended to focus on bear-proof garbage cans and the bird feeder language will not be included in the final bill. The goal here is to prevent bears from integrating with the population to the extent possible, so we can keep communities safe while also ensuring a healthy environment for bears and other wildlife. I am fully committed to working with advocates, stakeholders and legislators on how best to achieve this objective.’”

INTERFERING WITH YOUR GOD-GIVEN RIGHT TO DRIVE 2 TONS OF METAL INTO THE MOST CROWDED PLACE IN THE U.S. — “Congestion pricing plan set to come to New York City on Jan. 5,” by The New York Times’ Ana Ley: “On Friday, the Federal Highway Administration gave the final approval to Ms. Hochul’s version of the plan and pushed it past its last bureaucratic hurdle. 'This is an exciting moment,' said Janno Lieber, the chief executive of the M.T.A., which will implement the plan. ‘Everybody knows this has been a long journey getting to this point.’”

— “New Port Authority bus terminal gets NYC council OK. Are the feds next?” 

— “Rate hikes approved for two NJ gas utilities” 

— “[Atlantic City Expressway] will raise rates in 2025” 

— “Candidates for governor: Chat Box

 

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BIDEN TIME


ICE TO FORCE NJ POLITICIANS TO STOP, COLLABORATE AND LISTEN — “Feds look to add immigration jails in New Jersey,” by New Jersey Monitor’s Dana DiFilippo: “Federal immigration authorities are working to expand immigrant detention capacity in New Jersey ahead of mass deportations President-elect Donald Trump has said he will order, new records reveal. The American Civil Liberties Union discovered the expansion plans after suing in September to obtain records on contract solicitations Immigration and Customs Enforcement officials issued in June to secure additional detention space around the country. The records show ICE officials are eyeing at least three New Jersey facilities that would be run by private prison companies and have a combined capacity of about 2,500.”

— “An interview with George Helmy” 

— “Bergen County resident reportedly considered for Trump 'crypto czar' position” 

LOCAL


BEAN SPILLER — “Montclair CFO who blew whistle on unlawful perks may face discipline,” by Montclair Local’s Matt Kadosh: “Montclair’s Township Council is slated to discuss ‘complaints filed’ against the town’s chief financial officer, who earlier this year won a $1.25 million settlement in a lawsuit claiming officials retaliated against her for calling out the prior council’s unlawful receipt of state health insurance benefits. Interim township attorney Paul Burr notified CFO Padmaja Rao in a ‘Rice notice’ dated Thursday that the council’s discussion ‘could affect the terms and conditions of your employment.’ ‘The Township Manager and Governing Body will discuss the employment practices investigation into the complaints filed against you and any potential disciplinary action pertaining to your employment as the Chief Financial Officer of the Township of Montclair,’ the formal notice says.”

 

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TRENTON COPS — “Critics: Report on Trenton police ‘just same old routine script’,” by NJ Spotlight News’ Brenda Flanagan: “The U.S. Department of Justice this week said it found police officers in Trenton use excessive force and unlawfully stop, search and arrest people, but social justice advocates are skeptical that much will change. In the wake of the federal department’s release of its report, several advocates said the DOJ’s proposed reforms don’t push hard enough, and they feared the monitoring will ultimately lose strength in the next Trump administration as well. ‘Just the same old routine script is not going to work for us at the NAACP,' said Trenton NAACP’s Austin Edwards. 'What we want to see is a lot more changes.’ The federal investigation referenced multiple cases, including a 16-year-old seized by the throat and jammed against a car hood and an elderly man police cuffed and pepper-sprayed — and later died of respiratory failure.”

HADDON HEIGHTS RISKS BOROUGHITIS OF THE LIVER — “After banning booze for 120 years, a town prepares to open the tap,” by The New York Times’ Alyce McFadden: “For all of its 120-year history, Haddon Heights has been a dry town. But this month, its residents voted to change that. By a nearly two-to-one margin, voters passed a ballot initiative on Election Day to allow restaurants and bars to serve alcohol, joining the growing ranks of formerly dry counties and towns across the country that have abandoned such restrictions. In Kansas, where prohibition was law until after World War II, only one dry county remains. Kentucky is down to two dry counties from more than 40 in 2011. In Texas, 22 counties and more than 200 towns scrapped anti-alcohol rules over a 10-year span, according to the National Alcohol Beverage Control Association. And in New Jersey, a state with a Protestant past where municipalities can decide their own liquor rules, a once-long list of dry towns becomes shorter year after year.”

KOOKING THE BOOKS — “Library commission votes to post a ‘book review resource’,” by InsiderNJ’s Fred Snowflack: “The Library Commission in this mostly rural county Thursday night voted 3-2 to post a ‘book review resource for patrons’ in its four branches. The library system will offer reviews by five sources, one of which generated much criticism and debate at the meeting. That would be reviews done by BookLooks.org. Its stated mission: ‘Find out what objectionable content may be in your child’s book before they do.’ BookLooks rates books according to a formula that takes into account such things as graphic language, violence and ‘controversial social commentary.’ Strip away the high-minded verbiage and this seems to be a resource that identifies books it considers too liberal or too supportive of gay rights.”

— “Case against 5 charged in N.J. detective’s killing will be moved to new county, judge rules

— “See how NJ gubernatorial candidate may shake up Bergen County commissioners' race” 

— “O’Dea: Increasing Jersey City payroll tax collections should only be the start” 

— “Passaic County to spend $5.3 million to create upcounty satellite health center” 

— “Palisades Park employee, out of work over mold issue, expects to be terminated Monday” 

— “Lawnside community holds vigil to shine light on love in the face of hate incident” 

 

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EVERYTHING ELSE


STOCKTON UNIVERSITY IN AC TO HOST MISS INFORMATION PAGEANT — “After brutal Trump-Harris election, N.J. university launching new effort to battle ‘misinformation’,” by NJ Advance Media’s Tina Kelley: “Rutgers University is launching a 'Democracy Lab' to promote civil discourse and political participation, school officials announced Friday. The lab, based at the Eagleton Institute of Politics in New Brunswick, is designed to help students recognize disinformation, engage effectively with people who hold different views, and tackle the challenges facing American democracy. ‘We want to encourage democratic participation at every level and provide generations to come with the tools they need to be informed and involved citizens throughout their lives,’ Rutgers President Jonathan Holloway said. The lab will be funded by a donation from philanthropists Robert W. Gottesman and Trudy Elbaum Gottesman. Rutgers did not release the amount of the couple’s donation.”

— “N.J. baby is born on the Garden State Parkway” 

— “N.J.'s burn ban is lifted, but fire officials say we still need to be careful” 

 

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