Legalized corruption – POLITICO – Politico

Good Friday morning!

It’s getting pretty hard to convict people of corruption. Former Assemblymember Jason O’Donnell, a Democrat from Hudson County, is the latest politician to skate from a corruption charge after a judge dismissed the case against him.

O’Donnell allegedly accepted $10,000 from a government cooperating witness, Matthew O’Donnell (no relation), while running for mayor of Bayonne in exchange for promising his law firm work. The judge dismissed the case, ruling Jason O’Donnell had no actual power to fulfill the promise because he didn’t hold public office. There’s precedent: Former Assemblymember Lou Manzo (D-Hudson) got off of corruption charges on similar grounds back in 2012.

Can a candidate for mayor tell donors that if they max out to his or her campaign, they’ll be ensured government contracts? It appears it wouldn’t be a crime to make the offer. But would it be a crime to actually follow through on the promise?

What’s pretty clear is that a lot of public officials, in New Jersey and elsewhere, have been able to skate thanks to a trend that’s narrowed down corruption law. Does anyone really think that’s a good thing?

WHERE’S MURPHY?: In cyberspace for a “cultural announcement” with his wife, Jersey City Mayor Steve Fulop and Centre Pompidou President Serge Lasvignes at 7:45 a.m. Then in Belmar for a 12:15 p.m. vaccination site visit. Media: MSNBC at 9 a.m.

QUOTE OF THE DAY: “With winter coming to an end, people across the country can expect to see thousands of kind-of-wet, middle-aged men with sand on just their calves trekking toward New Jersey’s coast, where they’ll repeatedly punch boxing arcade games throughout the summer in hopes of proving their alpha status to onlooking females, finding suitable mates, and procreating.” — “Yale ecologist Marcia Cummings” to Clickhole, a subsidiary of The Onion. (Yes, we know this is a parody.)

CORONAVIRUS TRACKER: 255 newly-reported positive PCR tests for a total of 888,288. 7 more deaths for a total of 26,253 confirmed or probable deaths. 520 hospitalized, 110 in intensive care. 4,278,312 fully-vaccinated, or about 46.1 percent of the population. (Note: With the virus subsiding, I’m going to make this the last coronavirus tracker unless and until there’s another spike).

HAPPY BIRTHDAY: Republican consultant Thom Ammirato, former Senate Dem spox Jim Manion. Saturday for former Atlantic County Freeholder Alisa Cooper, University Hospital CEO Shereef Elnahal, Assembly Democrats Daniel Harris. Sunday for for Cherry Hill Councilwoman Sangeeta Doshi, Millstone Mayor Raymond Heck.

EMERGENCY POWERS — Democrats vote to end New Jersey’s public health emergency, despite protests, GOP opposition, by POLITICO’s Sam Sutton: As hundreds of protesters outside the Statehouse chanted “kill the bill,” lawmakers on Thursday approved legislation to end New Jersey’s public health emergency and taper Gov. Phil Murphy’s day-to-day control over the state’s recovery from the pandemic. Within moments of the bill, NJ A5820 (20R), clearing the Senate in a 21-16 party line vote — three Democrats, Nia Gill, Vin Gopal and Ron Rice did not record votes — Murphy released a joint statement with Senate President Steve Sweeney and Speaker Craig Coughlin announcing his intention to sign the legislation on Friday, the same day the last remaining limits on indoor and outdoor gatherings will expire. The Assembly passed the measure, 44-28, earlier in the afternoon.

PENSION PENANCE — An even larger pension payment? It’s ‘an option on the table,’ sources say, by POLITICO’s Katherine Landergan: Top lawmakers and the Murphy administration are considering whether to make an even larger payment into New Jersey’s notoriously-underfunded pension system as revenues continue to brighten, according to three sources with direct knowledge of the discussions. As part of his proposed budget for the fiscal year that begins July 1, Gov. Phil Murphy is proposing that the state make its first full payment into the system since 1996, but it’s possible both sides agree to add to that amount and contribute more than 100 percent of the state’s actuarially required contribution. “Nobody has made any decisions, and we’re still negotiating the broad structure of everything, let alone the fine details,” one legislative source said. “But it’s certainly an option on the table.”

MAGA MAGA MEN. THEY WANT TO BE THE MAGA MEN — Battle for Trump base could ‘cannibalize’ New Jersey’s GOP primary, by POLITICO’s Matt Friedman: New Jersey gubernatorial candidate Hirsh Singh convinced a conservative website in late April to publish a memo from an internal poll conducted by Brad Parscale, Donald Trump’s former campaign manager, showing Singh with a lead heading into the state’s June 8 Republican primary. The next day, Phil Rizzo, a Baptist minister who is also seeking the GOP gubernatorial nomination, tweeted a picture of himself with Trump taken during a fundraiser at Mar-a-Lago for a congressional candidate from a different state. The Parscale poll was scoffed at in New Jersey political circles, and Rizzo’s picture with Trump wasn’t accompanied by an endorsement from the former president. It was also derided by Parscale. But the dueling messages show how hard Singh and Rizzo are trying to win over Trump’s base, which is still a force in New Jersey GOP politics despite the state’s strong anti-Trump bent. The two are associating themselves with figures from the former president’s orbit and repeating false conspiracy theories claiming he was the true winner of the 2020 election. The battle for the base has cleared a path for Jack Ciattarelli, the frontrunner in the GOP primary. Many Republicans say Ciattarelli, who in 2015 called Trump a “charlatan,” is the only candidate with any shot at defeating Democratic Gov. Phil Murphy in November.

IT WAS THE PARKED CARS’ FAULTCunningham enters not guilty pleas to DWI, careless driving charges, by Matt: State Sen. Sandra Cunningham pleaded not guilty Thursday to driving while intoxicated and careless driving, three months after she crashed her vehicle into two parked cars in Jersey City. Cunningham’s attorney, Michael Rubas, entered the pleas on the senator’s behalf during a virtual court hearing before Superior Court Judge Anthony Gallina in Bergen County, where the case was transferred from Cunningham’s native Hudson County. Gallina allowed Cunningham (D-Hudson) to not attend the 9 a.m. hearing. The Hudson County Prosecutor’s Office, in response to an OPRA request, released police body camera footage late Friday of Cunningham’s arrest on the morning of March 4. The videos show the aftermath of the accident. Cunningham’s Acura SUV displayed severe front end damage as it rested next to the cars she hit. One of the first officers to respond to the scene at about 9:45 a.m. encountered Cunningham’s political adviser, Joe Cardwell.

SO DOES HE GET TO STAY IN THE PARSONAGE? — “Phil Rizzo leaves ministry, says it ‘may be permanent’; explains Catholic comments, housing controversy, unions and more,” by TAPIntoMiddletwn: “In a surprise announcement during a wide-ranging live Facebook taping of Save Jersey, Republican candidate for Governor, Phil Rizzo, disclosed that he was on a leave of absence from his Baptist ministry, and said it may be permanent. This was news to most folks who thought he was an active pastor. The news came during Rizzo’s criticism about the Election Law Enforcement Commission who recently denied him campaign matching funds because he didn’t meet the legal deadlines and requirements. It also denied him a spot on the debate stage. Stated Rizzo, ‘ELEC made an egregious error. They are attempting to silence the voice of not only our donors but our campaign that is going to send shockwaves, not only to the New Jersey GOP, but on the other side of the primary will send shockwaves to New Jersey when the former baptist pastor can unseat a communist dictator in what is known as deep blue New Jersey.’ The mention of being a ‘former’ baptist pastor piqued the interest of the co-host, David Cirruci … Stated Rizzo, ‘I’m on a leave of absence right now, and it may be something that turns permanent, and maybe I go back but right now a lot of doors have opened to me. Our influence has grown, and I don’t know what is store after June 8th, win or lose, and so I’m on a leave of absence right now and will have a lot of decisions to make after June 8th.’”

FORTUNATE ONE — “Sen. Menendez’s son, three others named to Port Authority board by senate,” by NJ Advance Media’s Larry Higgs: “Rob Menendez Jr., the son of U.S. Senator Robert Menendez, was unanimously confirmed along with three other of Gov. Phil Murphy’s nominees to the Port Authority of New York and New Jersey board of commissioners by the state Senate Thursday. Michelle Richardson, executive director for the Hudson County Economic Development Corporation, and Cliffside Park Councilwoman Dana Martinotti were approved for their first terms on the bi-state agency board, Kevin McCabe, a current member of the board was approved for a second six-year term on the board. All were nominated by Murphy in April.”

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THE SMELLY SERVICE — “Secret Service spending $34,000 on fancy porta potties in Bedminster this summer,” by The Daily Beast’s Justin Rohrlich: “The Secret Service is spending nearly $35,000 to rent portable toilets for the next four months in Bedminster, New Jersey — where former President Donald Trump is reportedly summering — according to federal procurement data reviewed by The Daily Beast. “BATHROOM TRAILERS BEDMINSTER,” the expenditure states. … The contract will run through Sept. 30, which works out to rental costs of about $8,500 per month. Imperial Restrooms of Saugerties, New York, is supplying the rolling commodes … Trump moved in late May from his winter digs at Mar-a-Lago in Palm Beach, Florida, to his Bedminster golf club”

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THE HUDSON COUNTY PROSECUTED OFFICE — 5 Hudson County detectives under criminal investigation, by Matt: Five detectives in the Hudson County Prosecutor‘s Office are the subjects of a pending criminal investigation, according to a letter from the office obtained by POLITICO. The May 26 letter to defense attorney Michael Rubas about a defendant he represented who was charged with drug distribution, was signed by Assistant Prosecutor Erica Bertuzzi. The letter cites two U.S. Supreme Court cases — Brady v. Maryland and Giglio v. United States — that require prosecutors to disclose to defendants evidence that is potentially exculpatory or could impeach the credibility of witnesses. “Please be advised that Detective Vincent Kearns, Detective Anthony Espaillat, Detective Maegan Larsen, Detective Risheem Whitten, and Detective Daniel Bellini, law enforcement officers, who are potential witnesses in this case, are the subject of a pending criminal investigation that ‘bears upon truthfulness, bias or integrity,” the letter states. “Please note that the Internal Affairs investigation is still pending and therefore, there has not been any sustained finding of misconduct as of this date.” Jennifer Morrill, a spokesperson for the prosecutor’s office, said in a statement the letter “is pro forma in circumstances such as this.“

CAMDEN RENEGING — Newark Mayor Ras Baraka was all but expected to endorse Elton Custis for Camden mayor on Thursday, which would have put the mayor of New Jersey’s largest city against the Camden County Democratic machine which, let’s not forget, backed his opponent back in 2014. But the Custis campaign announced Thursday afternoon called off the event shortly before Baraka was going to arrive, citing “unforseen circumstances.” I call BS on that, because while I don’t have information on what went down, it’s very foreseeable that powerful New Jersey Democrats would put a lot of pressure on the mayor of the state’s largest city not to get into this fight. Incidentally, Sen. Cory Booker has endorsed the machine-backed Vic Carstephen.

POTSIPPANY — “Parsippany to OK marijuana-related businesses, including distribution sites,” by The Daily Record’s William Westhoven: “Legal marijuana business operations are likely coming to Morris County’s largest municipality. The question is where exactly those wholesale and distribution facilities will be located. Facing an Aug. 22 deadline to regulate the future of the legal cannabis businesses within their borders, municipalities across New Jersey have been scrambling to pass temporary bans on legal weed operations until the state completes its own operational guidelines. The Parsippany council initially favored a complete ban of all six classes of licenses the state is expected to issue, or be forced by statutory default to approve cultivation, manufacturing, wholesaling, distribution, retail sales and delivery of recreational cannabis for at least five years. But sensing an opportunity to fill some of the excess commercial office and warehouse space in town, the council on Tuesday opted to cherry-pick their choices and allow Class 3 wholesaling and Class 4 distribution licenses.”

DEBBIE DOES ORANGE — “Officials investigate pornographic video shared during N.J. council meeting, mayor says,” by NJ Advance Media’s Noah Cohen: “A virtual city council meeting was disrupted by a person who shared a pornographic video during the Essex County city’s broadcast Tuesday, according to officials. ‘During last night’s virtual city council meeting, an individual shared offensive and inappropriate material in the form of a pornographic video,’ Orange Mayor Dwayne D. Warren said in an email sent out Wednesday. ‘To maintain a safe, respectful forum for our citizens, our staff, and our council members, I have ordered a full investigation to be headed by our Law Department,’ the mayor said in a statement. ‘Whoever is found to be responsible will be prosecuted to the fullest extent allowed by law.’”

MORRISTOWN HUNGRY FOR TOUGH ON IMMIGRATION POLITICIAN NAMED DONALD — “Cresitello at the starting gate,” by InsiderNJ’s Fred Snowflack: “Donald Cresitello is ready to do it again — run for mayor that is. ‘More than likely’ is how Cresitello put it when asked this morning about rumors he wants another crack at the top job in Morristown. His road won’t be simple. It’s far too late to run as a partisan — the primary is next Tuesday — so Cresitello’s path would be as an independent. To do that, he must file a nominating petition by primary day. That shouldn’t be too difficult for him philosophically, given the fact he’s switched parties more than once during a career that began more than 40 years ago … Cresitello also waded into controversy by trying to use a federal law to crack down on illegal immigration, which was, and is, a Morristown reality. At the time, that put Cresitello, a Democrat, to the right of then Republican governor Chris Christie.”

HUDSON COUNTY — “After disappointing primary last year, Hudson progressives have a new target: the county committee,” by The Jersey Journal’s Peter D’Auria: “In Hudson County’s notorious machine politics, left-wing candidates have so far had little success in transforming a vocal movement into real political power. But this year, liberal groups hope to gain a foothold in the county’s politics with a bid for the Democratic committee, the low-profile body that votes on endorsements, platforms and bylaws. [Ron] Bautista, who is running for a committee seat in Hoboken, is among 22 candidates campaigning with the Progressive Democrats in this year’s primary. A separate organization, the Hudson County Progressive Alliance, is supporting 39 candidates for committee seats. … But taking on Hudson County’s political establishment is an uphill battle: progressive groups are challenging candidates backed by the party and with access to its fundraising and canvassing resources. And the progressives are mounting a challenge for only a small minority of seats, almost all of which are in Jersey City. Across the county, there are roughly 900 Democratic committee seats.”

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THE RUNNER PUTS RELIGION FIRST AND RESTS ON HOLIDAYS — “Ultra-Orthodox Jewish marathoner from North Jersey shatters stereotypes on road to Olympics,” by The Record’s Deena Yellin: “On the face of it, Beatie Deutsch seems an unlikely celebrity athlete. The Passaic native is an ultra-Orthodox mother of five who speaks openly about her Jewish faith, prays daily and dresses modestly with a head scarf and knee-length skirt, even while competing. Other professional athletes might avoid such outfits for fear of slowing their pace. But the self described ‘Marathon Mother’ — now the face of an international ad campaign for Adidas — has been winning races and breaking records since joining the running circuit five years ago. The 31-year-old is also a powerful voice representing ultra-Orthodox women, a group that traditionally has avoided publicity. Deutsch, who grew up as ‘Speedy Beatie’ in the gyms of Passaic, openly shares her spiritual insights as well as triumphs and struggles with thousands of followers on social media … She’s long dreamed of running in the Tokyo Olympics and, as a champion on three continents, was poised to compete until disappointment struck — twice … First, the games were postponed last summer due to the coronavirus pandemic. When the marathon, one of the Olympics’ signature events, was rescheduled for a Saturday this August, Deutsch felt ‘like I had been punched in the stomach,’ she said in an interview. For Orthodox Jews, Saturday is the Sabbath.”

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