A Governor Unindicted, but Implicated (McGreevey)

The New York Times ^ | July 9, 2004 | DAVID KOCIENIEWSKI

[sarcasm]

RENTON, July 8 - A federal indictment released this week against a New Jersey Democratic fund-raiser places Gov. James E. McGreevey at the center of an alleged influence-peddling scheme. What it does not do is directly accuse him of any wrongdoing.

The indictment referring to Mr. McGreevey as "State Official 1" says the governor used a code word, "Machiavelli," that was established to signal his complicity in a scheme to extort campaign contributions in exchange for help in a land dispute.

Mr. McGreevey said this week that his use of the word was innocent - a reference to a book, "The Prince," that seemed appropriate to the experiences of the landowner, who was battling with local officials over the value of his property.

"Anyone who knows me, knows that I make literary allusions all the time," the governor said.

Indeed, his lawyer says the word could have been planted in Mr. McGreevey's consciousness.

The United States attorney who brought the indictment, Christopher Christie, said he meant to cast no aspersions, but raised the possibility that more people could face charges.

"I will not comment on any other people who are involved in this investigation and I will not narrow it down to any particular level of government," Mr. Christie said. "If there are other charges, they will be brought at the appropriate time."

But the decision to include Mr. McGreevey's conversation in the indictment, however thinly veiled, has set off a torrent of criticism because of the political questions it raises and the legal issues involved.

Some legal experts say Mr. Christie's office was within the bounds of fairness - that corruption cases are often so convoluted that prosecutors cannot accurately describe the charges in an indictment without making some reference to other, uncharged, elected officials.

And, by signaling to the public that the state's most powerful official is involved in the case, Mr. Christie also gains a tactical advantage: ratcheting up the pressure on witnesses who may be wavering about whether to cooperate with investigators.

The sheer shock value of the revelation, however, leaves Mr. McGreevey surrounded by an assortment of ethical questions - questions that Mr. McGreevey say are deliberately intended to tarnish his reputation.

Other Democrats argue that the 47-page indictment could have been written without all of the cloak and dagger details. Mr. McGreevey said it read like a "political novel," and he accused Mr. Christie, who is considered a possible Republican candidate for governor next year, of a politically motivated smear.

"Never in my life has anyone questioned my honesty," said an indignant Mr. McGreevey on Wednesday.

A lawyer representing the governor's office said the indictment failed a basic test of fairness.

"If you have the evidence against someone, then you should indict them," said William Lawler. "But to use the kind of innuendo that is in this indictment, without any evidence, is completely uncalled for."

Despite those complaints, however, legal experts say that it is not uncommon for prosecutors to release corruption indictments that include disclosures about elected officials who are not charged with any crime.

"It's not standard business practice, but it's certainly not unprecedented," said Dan Richman, a former prosecutor who now teaches at Fordham University Law School. "It's a balancing act: if the prosecutor doesn't put enough detail in, the defendant screams for the indictment to be dropped, but if he puts too much in, the elected officials scream about being treated unfairly."

Mr. Christie has made himself particularly susceptible to charges of prosecutorial grandstanding. In addition to his coyness about a possible run for governor, he has cut an uncharacteristically conspicuous profile in New Jersey political circles: on the day Mr. McGreevey unveiled his budget address, Mr. Christie met with Republican party leaders in Trenton; his office is in Newark.

A few days after he issued subpoenas to seize records at the Governor's office, Mr. Christie was seen in one of the capitol's most popular restaurants, having lunch with Rich Bond, former chairman of the Republican National Committee. (A Republican fund-raiser who also attended the lunch later explained that Mr. Christie and Mr. Bond were old friends.)

A review of Mr. Christie's record, however, shows that his actions in this case are hardly unique. Since becoming United States attorney in January 2002, Mr. Christie's office has issued at least four political corruption indictments that made references to elected officials who were not charged, and three of those cases involved his fellow Republicans. In announcing the indictment this week, Mr. Christie preemptively rebutted his critics by insisting that his pursuit of corruption cases was nonpartisan.

"There are going to be people, when they are accused of crimes, when they cannot answer to the facts as they are laid out, their job is to attack the prosecutors," Mr. Christie said. "This office could care less whether a political criminal is a Republican or a Democrat."

The case began in 2002, when federal agents got a tip that David D'Amiano, a Democratic fund-raiser and longtime acquaintance of Mr. McGreevey, had allegedly been soliciting donors by promising to help them win preferential treatment form state and local governments. A landowner named Larry Halper, who ultimately made $40,000 in contributions because he wanted help to fight the condemnation of a mulch farm in Piscataway, agreed to secretly tape his dealings with Mr. D'Amiano. When Mr. D'Amiano arranged the meeting with Mr. McGreevey in February 2003, and the governor was recorded making his reference to "Machiavelli," the case took on a new dimension.

The political tension is almost certain to intensify as the case against Mr. D'Amiano progresses. In the months before he was indicted, Mr. D'Amaino indicated no interest in cooperating with the authorities, but now that he faces criminal charges that carry a possible 20 year sentence, he might reconsider.

But even if Mr. D'Amiano were to provide evidence against the governor, prosecutors would face a dilemma: they would be forced to place the credibility of a man they had charged with bribery and extortion against the word of the governor. Mr. Christie's office has kept in close contact with the Justice Department's officials in Washington as the case has progressed, and would likely face exhaustive scrutiny before deciding whether to bring charges against any members of the McGreevey administration.

[Highest Authority]

Isn't NJ lucky (and politically correct), their Governor is both a homosexual AND a crook? The wacked out extremeist far left northeast is living up to it's reputation.

[capydick]

And, this crook just signed the "millionaires tax reform" bill.If you make over a mil a year - you are penalized and, pay an extra tax for that gets re-distributed for other purposes.

Also - his sexual tastes are well known in the State - especially by those who work in Trenton and, our State Police. If residents South of the Driscoll bridge seceded from the Northern part of the State, the country would be better off.

[genefromjersey]

I think you'll find-further down the road-McGreevey was smart enough to keep SOME distance between himself and the "fund raisers".( We USED to call them "leg breakers".)

That's always been the way in his home county: You KNOW there's got to be some linkage between a political contribution,and the purchase of police cars from a particular dealer,(etc.,etc.)but PROOF ?

By the way,two adjoining counties-both Republican-are just as bad as Democratic Middlesex county.