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Opposition to OPRA bill puts together a strange alliance

Presented by Amazon: Matt Friedman's must-read briefing on the Garden State's important news of the day
May 16, 2024 View in browser
 
New Jersey Playbook

By Matt Friedman

Presented by 

Amazon

Good Thursday!

Reporters are often told to avoid cliches. But they’re cliches for a reason: There’s generally truth in them. Take this one: “Politics makes strange bedfellows.”

That’s how Assemblymember Brian Bergen puts it. Bergen, a conservative Republican probably most known for leading the revolt against the Statehouse vaccine mandate, has been the loudest voice in the Legislature against the bill to amend the Open Public Record Act. His unelected allies in this fight have overwhelmingly been progressive.

The vote itself  didn’t break down along party lines, with most Democrats and plenty of Republicans supporting the bill. “What I’ve come to learn is the staunch conservatives feel just as strongly. They’re just not as outspoken,” Bergen said.

Bergen said conservatives have an interest. The “parental rights” activists, for instance, have an interest in getting school board public records. “Every so often, politicians have an idea that is so unimaginably moronic that it unites progressives and conservatives alike. This is one of those times," he said.

But conservative Assemblymember Jay Webber — Bergen’s district-mate — voted for the bill. “The bill strikes a fair balance between public access and protecting important privacy interests. It will result in placing most public records online for all to see whenever they want — without the need for an OPRA request — and it protects the release of police bodycam footage of crime victims, and especially women, who are recorded in distressing, vulnerable, or humiliating circumstances,” Webber told me.

Attorney and open records advocate C.J. Griffin, a progressive, said this bill may be the only thing she and Bergen agree on. And while public testimony on the bill was dominated by progressive groups, she’s seen a lot of online angst about the bill from the right Twittersphere.

“I’ve never had so many MAGA followers before, and I’m sure some of them are surprised by my other tweets. Some didn’t know I was a woman or lesbian,” Griffin said. “I view it as an opportunity to say, ‘Hey, some of what you’re saying about ‘groomers’ is harmful because there are good people out there doing LGBTQ work you don’t agree with”

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

QUOTE OF THE DAY #1: “This case is about a public official who put greed first, who put his power up for sale.” — Assistant U.S. Attorney Lara Pomerantz during Menendez trial opening statements.

QUOTE OF THE DAY #2: "This isn’t a murder weapon. It’s an envelope.” — Menendez attorney Avi Weitzman on the envelope full of cash that allegedly had co-defendant Fred Daibes’ fingerprints on it.

HAPPY BIRTHDAY — Brian Stack, Jay Lassiter, Mark Natale, Michele Liebtag

WHERE’S MURPHY? — In Atlantic City at noon for the New Jersey Conference of Mayors, then in Mount Laurel at 1:45 p.m. for Rowan College of Burlington County’s commencement ceremony

 

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WHAT TRENTON MADE

 

THAT’S THE TICKET— “NJ Transit will refund old unused tickets after backlash from customers,” by NJ Advance Media’s Larry Higgs: “NJ Transit will offer refunds for unused one-way bus, rail and light rail tickets purchased before June 1, 2024, after receiving a firestorm of criticism from riders that their unused tickets would be worthless after a July 1 policy change took effect. NJ Transit officials announced the refund process Wednesday morning. … It addresses criticisms about a new policy that all one way tickets will expire in 30 days, beginning on July 1, regardless of when purchased. Before that policy was passed, as part of the 15% fare increase package approved by NJ Transit’s board on April 10, tickets didn’t expire until used.”

NETFLIX AND TAX BILL — “Netflix lands big tax break deal if it keeps huge film studio in N.J. for 10 years,” by NJ Advance Media’s Nyah Marshall: “Projects filmed at Netflix’s planned 289-acre production studio in New Jersey will receive millions in expanded tax breaks under a deal reached with state officials earlier this month. The media and entertainment giant will have access to a $150 million pool of tax incentives and a potential 40% tax credit in exchange for operating a massive film studio in New Jersey for at least 10 years, the state’s Economic Development Authority announced. … The announcement was made as Netflix is inching closer to building its proposed $903 million film and television studio on the property of the shuttered Fort Monmouth military facility in Monmouth County.”

ANTI-SEMITISM VOTE — On Monday, the state Senate was scheduled to take up a controversial bill on a definition of anti-Semitism but, according to Agudath Israel, it was canceled due to “safety concerns.” On Wednesday some conservative national news outlets picked up on the story. Here’s what I understand about the justification for canceling the vote, based on conversations with two Senate sources who requested anonymity while talking about security. There was no specific threat. Rather, Monday was the day both houses voted on the also-controversial bill to add some new restrictions to the Open Public Records Act. That drew a lot of people out against it. The anti-Semitism bill would use the International Holocaust Remembrance Alliance’s definition of the term, which considers some forms of criticism of Israel to be anti-Semitic— for instance “denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor.” This bill is not unique to New Jersey. So lawmakers, not wanting to attract a couple hundred more protesters in an already tense day, put the vote off. They expect to take it up again soon.

 “Lawmaker wants to allow state officials to cap prices on medical marijuana”

—“State revenue outlook brightens, but questions loom over proposed budget” 

—Bergen: “Cowards in Trenton trampled on your right to know. Hold them — and Murphy — accountable” 

—State Supreme Court denies appeal challenging Horizon reorganization

—“Building at the Jersey Shore where it’s bound to flood more may get harder” 

—“No curriculum yet for media literacy education in NJ” 

R.I.P. — “N.J. State Police trooper who died during training remembered for life of service” 

 

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BIDEN TIME


HERE COMES THE BRIBE — Menendez was a ‘senator on the take,’ prosecutor says, while his lawyers blame his wife, by POLITICO’s Ry Rivard and Daniel Han: An attorney for Sen. Bob Menendez on Wednesday detailed how the senator had no involvement in a wide-ranging bribery scheme, but laid blame for at least some of it on his wife. “He did not ask for bribes, he did not get any bribes,” said Menendez attorney Avi Weitzman, who repeatedly called his client “Bob” during a lengthy opening statement. But prosecutors say they have gold, cash and a luxury car that helps them show Menendez was involved in more than politics as usual — he was about “politics for profit.” … As expected, the senator plans to point the finger at his wife, Nadine Menendez, for having financial dealings that the senator was not aware of. She is also charged in the alleged bribery scheme but faces a separate trial because of undisclosed health issues. In an opening statement that ran over an hour, Menendez defense attorney Weitzman told jurors to ask themselves “Where’s Bob?” during the weekslong trial as prosecutors attempt to prove allegations that the senator put his power up for sale in a series of alleged schemes intended to aid a trio of New Jersey business people and the government of Egypt and Qatar …

The gold bars found at the senator’s? Those were found in Nadine’s locked closet, Weitzman said. The envelopes of cash found in the senator’s home? The senator withdrew money because of his family history in Cuba. The senator’s calls to former New Jersey Attorney General Gurbir Grewal asking about a case for one of the businesspeople’s associates? That was Menendez looking out for Latino truckers he’d heard were being discriminated against. A call to federal agriculture officials on behalf of a Halal meat monopoly led by an Egyptian-American businessperson also accused of bribing the senator? Constituent services.

 

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LOCAL


A NEW PREMIER — “Election results: Big night for Baskerville and Together Montclair,” by Montclair Local’s Liz George: “Montclair came out to vote Tuesday for Renee Baskerville, the projected winner in the Montclair mayoral race, according to unofficial results from the Essex County clerk’s office. Baskerville received 3334 votes. Christina Thomas garnered 3039 votes. It was a big night for Baskerville’s Together Montclair team, with three out of four members winning their races – Baskerville along with Susan Shin Andersen (At Large) and Rahum Williams (Third Ward). Two independent candidates – Erik D’Amato (First Ward) and Eileen Birmingham (Second Ward) – had decisive wins.”

BILLIE JEAN IS NOT MY PASSCODE — “Councilman Michael Jackson turns over cellphone codes in Paterson election fraud case,” by The Paterson Press’ Joe Malinconico: “Councilman Michael Jackson has provided three cellphone passcodes to the New Jersey Attorney General’s Office for its investigation targeting him for possible witness tampering, a judge announced Monday. … [S]tate detectives could not get access to the phone’s contents because the councilman refused to provide his security code, saying he feared that investigators would plant false evidence on his device. … Jackson on Monday said he was being unfairly targeted by the Attorney General’s Office because of his track record of opposition to Mayor Andre Sayegh. The councilman asserted that authorities should be investigating the large increase in vote-by-mail ballots for Paterson’s May 14 ward council seat elections.

—“Paterson re-elects two councilmen under indictment for voter fraud”

LET THERE BE BLANK — “Ocean Grove’s restrictions on Sunday beach access may be ending,” by The AP: “In this seaside community that calls itself “God’s Square Mile at the Jersey Shore,” all the land is owned by a religious group that has for generations enforced an 11th Commandment: Thou shalt stay off the beach on Sunday morning. But there are signs that Ocean Grove’s decades-old policy may be coming to an end as a way to resolve a court case brought by the state of New Jersey that could cost the group $25,000 a day in fines for violating state beach access laws. The Ocean Grove Camp Meeting Association, which has kept beaches closed until noon on Sundays, has deleted that restriction from its website. Item 4 under ‘Beach Regulations’ used to outline the Sunday morning closure. Now, just the number ‘4’ remains on the site, followed by blank space.”

COLLEGE AGGRIEVE —“Charter school is bilking us out of $1M+ in taxpayer dollars, [Asbury Park]. school district claims,” by NJ Advance Media’s Matthew Stanmyre: “By Matthew Stanmyre | NJ Advance Media for NJ.com A public school district is alleging a controversial charter school network is bilking it out of more than a million dollars for potentially enrolling dozens of non-residents and charging the district for them, putting local taxpayers on the hook for kids from other towns, court documents obtained by NJ Advance Media show. In the filings, the Asbury Park Board of Education claims College Achieve Asbury Park has refused to provide documentation to verify that nearly 300 kids in their charter school actually live in Asbury Park, possibly costing the low-income district more than $1.4 million in misappropriated public funding. The complaint also goes as far as to allege state Department of Education officials pressured the Asbury Park school board into releasing funds. … College Achieve has disputed the allegations in a motion for emergent relief filed with the state Department of Education, calling Asbury Park’s conduct’“patently unlawful’ and describing the district’s claims as ‘unproven allegations of non-residency.’”

 

THE GOLD STANDARD OF POLICY REPORTING & INTELLIGENCE: POLITICO has more than 500 journalists delivering unrivaled reporting and illuminating the policy and regulatory landscape for those who need to know what’s next. Throughout the election and the legislative and regulatory pushes that will follow, POLITICO Pro is indispensable to those who need to make informed decisions fast. The Pro platform dives deeper into critical and quickly evolving sectors and industries—finance, defense, technology, healthcare, energy—equipping policymakers and those who shape legislation and regulation with essential news and intelligence from the world’s best politics and policy journalists.

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QUID PRO QUOBOKEN  — ”4 Hoboken council members ask AG and FBI to probe Bhalla allegations from lawsuit,” by Hudson County View’s John Heinis: “Four Hoboken City Council members are calling on the New Jersey Attorney General’s Office and the FBI to probe allegations of criminality made by former Health and Human Services Director Leo Pellegrini in a lawsuit that came to light last week. ‘We are here today to call for the attorney general and the federal authorities to investigate the allegations against Hoboken Mayor Ravi Bhalla and potentially other Hoboken elected officials and government officials as well,’ 4th Ward Councilman Ruben Ramos said at a podium in front of City Hall. … Additionally, Fisher, who has fought against the opening of Story Dispensary in her ward, said that the allegations of Bhalla doing political favors for Jersey City Mayor Steven Fulop (his wife co-owns the dispensary building) have been referred to the AG’s Office by the New Jersey Cannabis Regulatory Commission. … Bhalla spokesman Rob Horowitz wrote off the event as political nonsense to bolster to the re-election bid for U.S. Rep. Rob Menendez, who Bhalla is challenging in the June 4th primary.”

—“Jersey City ed board approves ethics charges against member over pro-Palestinian slogan. Will state end controversy?” 

—“Toms River Animal Shelter: Petitioners say they have the signatures to force new vote”

—“Atlantic City mayor and superintendent waive first appearance in child abuse case” 

—“Ex-Catholic school teacher [in Sparta] admits taking upskirt photos of students in class” 

—“‘It was a beautiful place to grow up’: Danny DeVito shares his Shore memories” 

—“Middlesex County unveils designs to transform its college into regional destination” 

—“197-acre former AT&T campus in Somerset County is on the market” 

—“Judge orders back pay for 2 [Newark] teachers suspended after union activity” 

—“Pleasantville school board faces new conflict over superintendent plans, cuts 13 positions” 

 

JOIN 5/22 FOR A TALK ON THE FUTURE OF TAXATION: With Trump-era tax breaks set to expire in 2025, whoever wins control of Congress, and the White House will have the ability to revamp the tax code and with it reshape the landscape for business and social policy. Join POLITICO on May 22 for an exploration of what is at stake in the November elections with our panel dissecting the ways presidential candidates and congressional leaders are proposing to reshape our tax rates and incentives. REGISTER HERE.

 
 
EVERYTHING ELSE

 

GEORGE GILMORE — “Pardoned NJ atty suspended over tax, fraud conviction,” by Law360’s Jake Maher: A former Gilmore & Monahan PA partner — who was convicted of failing to pay payroll taxes and lying on a loan application, and was later pardoned by President Donald Trump — has received a two-year suspension from practicing law in New Jersey, though it will be largely offset by a previous suspension he served, according to a Wednesday order. Despite being pardoned, George R. Gilmore, who currently leads the Ocean County Republican Organization, violated various rules of professional conduct for New Jersey relating to dishonesty, according to a report on the case from the state Disciplinary Review Board. Gilmore accordingly will be suspended effective in June, according to a New Jersey Supreme Court order filed Wednesday, but will be credited for the 22 months between 2019 and 2021 when he was temporarily suspended in connection with the fraud charges. ‘We did not contest the [Disciplinary Review Board's] recommendation and are pleased that the [state] Supreme Court accepted it,’ said Kevin Marino, counsel for Gilmore.”

MORRISEY GETS WHAT HE WANTS — “Former N.J. congressional candidate likely to be next governor of West Virginia,” by New Jersey Globe’s Joey Fox: “After [Tuesday] night’s Republican primary election, Patrick Morrisey is very likely to be the next governor of West Virginia – but he got his start in politics a few states away. In 2000, Morrrisey – an Edison native who was then living in Westfield – ran in the Republican primary for New Jersey’s 7th congressional district, which Rep. Bob Franks was leaving to run for Senate. He came in last place in a four-candidate race, getting 9% of the vote; the ultimate winner of the seat was then-Assemblyman Mike Ferguson. That was the end of Morrisey’s New Jersey political career, but a decade later, he started a new one in West Virginia.”

—“Oyster Creek, the oldest nuclear power plant in the U.S., could become a ‘green energy park’”

—“NOAA wants smaller boats to slow down for whales. Fishermen say it's foolish overreach”

—“Rutgers-Newark protest leaders will stay 'as long as it takes.' What they're waiting for” 

—“After starting college in prison, Rutgers student wins top national scholarship in epic comeback story” 

—“Tiger Woods visits Trout National in Vineland as work continues in preparation for opening” 

—“American Dream saw boost in sales in first quarter of 2024. Here's how much” 

—“A guide to the frogs and toads of NJ: Species, habitats, range, and identifying features” 

—“North Jersey printing services firm to lay off 201, second largest total in NJ in 2024” 

—“It’s been $5 to cross these [DRPA] bridges for 13 years. That could change this summer” 

 

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