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Federal prosecutors face a noon deadline to release a list of unindicted co-conspirators tied to the Bridgegate scandal, in connection with allegations that Republican operatives for Gov. Chris Christie shut down local toll lanes to the George Washington Bridge in 2013 as political payback for the Democratic mayor of Fort Lee. (Jennifer Brown | Star-Ledger file photo)

NEWARK-- Will John Doe be identified today?

Federal prosecutors who were ordered to release a list of unindicted co-conspirators in the Bridgegate scandal face a noon deadline to make those names public, unless an appeals court steps in before then.

Among those names will be those believed by the government to have participated in the 2013 politically motivated scheme to deliberately shut down local toll lanes at the George Washington Bridge, or helped cover up the real reason the bridge was targeted. It does not include the names of those who might have known about the plan, but did nothing.

None have been criminally charged or have been accused of any wrongdoing.

Prosecutors allege that former associates of Gov. Chris Christie were looking to tie up traffic at the bridge after Fort Lee's mayor declined to endorse the governor for re-election.

Three people have been criminally charged in the case, but the U.S. Attorney's office has said others were involved in the conspiracy and were not indicted. It has provided defense attorneys with a list of those names and was ordered last week by U.S. District Judge Susan Wigenton to make the list public.

In court motions filed in recent days, an attorney for one of those on the list--identified only as "John Doe"-- asked the Third Circuit Court of Appeals to delay the release of the names until it can address whether John Doe's rights have been violated.

"It is a due process violation for the government to label someone an unindicted co-conspirator," said attorney Jenny Kramer. "Here, the district court ordered the government to disseminate a letter so labeling Doe."

A consortium of news organizations--including NJ Advance Media--argued that the unnamed John Doe had an opportunity to be heard and the lower court considered his privacy interests in deciding that the names of the unindicted co-conspirators should be made public.

"Doe's complaint should have been directed against the government months earlier in the process," said the news organizations in briefs filed Monday. "Any one of the unindicted co-conspirators, who have been identified as public figures and/or government employees, have long been on notice that their rights may be affected."

If the appellate panel does not act before noon, the U.S. Attorney's office is under court order to release the list.

The only individuals charged so far in the scandal have been William Baroni, a friend of the governor and former deputy executive director of the Port Authority of New York and New Jersey, and Bridget Anne Kelly, former deputy chief of staff to Christie. Another former Port Authority official, David Wildstein, a patronage appointee who helped orchestrate the lane closures, pleaded guilty in the case and is cooperating with federal prosecutors.

According to documents released by a legislative committee, it was Kelly who reached out to Wildstein with a now infamous email declaring: "Time for some traffic problems in Fort Lee..."

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Find NJ.com on Facebook.

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