Mike Carroll

GREGG, CARROLL AND MERKT TO DEMOCRATS:
"STOP BLOCKING FEDERAL INVESTIGATION!"

URGE SENATE PRESIDENT AND ASSEMBLY SPEAKER TO ORDER OLS COMPLIANCE WITH UNITED STATES ATTORNEY'S SUBPOENA

OFFER TO WAIVE ANY CLAIM OF ATTORNEY - CLIENT PRIVILEGE

In the wake of published news reports that the Legislature's Office of Legislative Services has declined to comply with a subpoena served on it by United State Attorney Christopher Christie, Assemblymen Guy R. Gregg, Michael P. Carroll, and Richard A. Merkt today called on Senate President Dick Codey and Assembly Speaker Joseph Roberts to order OLS to cooperate with the ongoing federal criminal investigation by producing all documents subpoenaed by the US Attorney. In addition, all three lawmakers voluntarily waived any claim of attorney-client privilege asserted by OLS, pledged full cooperation with the federal investigation, and urged every member of the New Jersey Legislature to do the same.

The subpoena served by the US Attorney reportedly relates to a criminal investigation into whether certain legislators used their political influence to benefit themselves, their families, or associates during the state budgeting process. Members of the Legislature have employed a variety of techniques over the years to place special appropriations into the budget, ostensibly to benefit their home districts. More recently, news reports have uncovered a number of instances in which the special appropriations appear to have benefited Members or those close to them.

"It is intolerable that anyone who works for the Legislature would stonewall a federal criminal investigation," declared Gregg (R - Sussex, Morris, Hunterdon). "The minimum acceptable standard of conduct for New Jersey legislators and their employees must be full cooperation with and disclosure to investigators."

Carroll (R. - Morris) pointed out that OLS retained a criminal defense attorney at substantial taxpayer expense to resist the US Attorney's subpoena, saying this implies that the Legislature has something to hide.

"The idea that OLS has hired a criminal defense attorney to defy a lawful subpoena in a criminal investigation has troubling implications," commented Carroll, adding, "The assertion of a claimed privilege to shield disclosure possible criminal wrong-doing is simply not permissible in elected officials."

Merkt (R. - Morris) observed that, even if the Senate President and Assembly Speaker decline to order OLS to comply with the subpoena, the Members of the Legislature themselves can deprive OLS of any claim of privilege by unanimously waiving the privilege.

"Guy Gregg, Mike Carroll, and I have just waived any claim of attorney-client privilege that OLS might assert on our behalf, because we believe that full and immediate compliance with the federal subpoena is indispensable to the Legislature's credibility with the public," explained Merkt, who added, "We urge all of our colleagues to do the same and waive the privilege. Let the documents be produced and the chips fall where they may. No more cover-ups!"

A copy of the legislators' joint letter to Speaker Roberts is attached.

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February 12, 2007

Hon. Joseph Roberts
Speaker, New Jersey General Assembly
State House
Trenton, New Jersey
08625

Re: US Attorney Investigation

Dear Mr. Speaker:

The weekend newspapers brought word of a subpoena issued to the Office of Legislative Services by the United States Attorney, which subpoena seeks information respecting Members' activities during the budget process. Apparently, the US Attorney possesses sufficient information to lead him to conclude that some Members may have employed the budget process to improperly benefit themselves, their families, or their friends.

While we have every confidence that these suspicions will prove completely without basis, it troubles us deeply that OLS retained a criminal defense attorney - at substantial taxpayer expense - and resisted the subpoena, necessitating a determination by the United States District Court. We respectfully aver that this sends precisely the wrong message to an electorate already deeply skeptical of the ethics of its elected representatives.

Faced with credible allegations of improper - perhaps criminal - activities by any Member(s), only complete and unreserved cooperation with such investigation by the Body suffices. We, as Members, ought to set an example for the electorate, not cower behind legal technicalities. If any of us wields the influence of our office for improper personal gain, we should not be permitted to employ OLS's status as "our attorney" to shield us from a criminal inquiry.

We respectfully request, then, that you forthwith direct OLS to fully and completely cooperate with the investigation undertaken by the United States Attorney. We hereby waive any and all claims of privilege relating to any communication between OLS and us and urge that you, and every other Member, do the same.

Respectfully,

Guy R. Gregg Michael Patrick Carroll Richard A. Merkt