NJ Transit seeks to gag attorney Presented by Pre-K Our Way

Much of the first half of Gov. Phil Murphy’s term was consumed with controversies over non-disclosure agreements and gag orders. So what state agency would seek to gag a lawyer who’s at the forefront of this fight?

NJ Transit, naturally.


At issue is this Sept. 8 tweet from the attorney, Nancy Erika Smith, that said a client’s lawsuit would show “corrupt & dysfunctional” management at the agency.

On Sept. 17, an attorney representing NJ Transit filed a request for a gag order against Smith — an employment lawyer who’s represented some very high profile clients, including former Fox News star Gretchen Carlson in her lawsuit against Fox News. Those settlements have often involved non-disclosure agreements, which Smith has spoken out against .

But NJ Transit’s attorney, Karol Corbin Walker, wrote that Smith’s tweet was “a blatant and intentional attempt on Ms. Smith’s part to taint potential jurors against Defendant in the upcoming trial.” Smith said everything she mentioned is already public in the lawsuit.

We don’t know the outcome of this motion, but it’s pretty amazing to see a state agency — one that hasn’t seen good press in quite a while — attempt to gag a critic in this environment. And it just got Smith’s initial tweet, which, as of yesterday, had seven “likes” and one retweet, a lot more attention than it otherwise would have. Read more about it here .

WHERE’S MURPHY? — No public in-person events. Media: Facebook Live with Dr. Anthony Fauci at 11:15 a.m., NJTV at 6 p.m.

CORONAVIRUS TRACKER — 430 newly diagnosed cases for a total of 200,988. Seven more deaths for a total of 14,291 (not counting 1,791 probable deaths)

QUOTE OF THE DAY: “To those who were digging my political grave so they could jump into my seat, I know who you are and I won’t forget you.” — Sen. Robert Menendez in 2017 after beating corruption charges — an already iconic quote that’s once again relevant with the news that Robert Menendez Jr. is considering a run for Jersey City mayor in 2021 .

HAPPY BIRTHDAY — RHA’s Curt Viebranz

A message from Pre-K Our Way: The Governor and Legislature are working on a state budget – funding new pre-k spaces for New Jersey’s 3- and 4-year-olds and their working families! This is a difficult time in our state. Growing NJ’s pre-k is really important. Thanks! Let’s maintain momentum for pre-k expansion! Visit prekourway.org for more information





WHAT TRENTON MADE

OUT WITH THE BABIES. IN WITH THE PORK — Murphy says he’ll sign budget, promises to continue pursuing ‘baby bond’ proposal, by POLITICO’s Katherine Landergan: Gov. Phil Murphy said Wednesday he intends to sign the Legislature’s $32.7 billion, nine-month spending plan once it arrives on his desk, but also said he’s committed to his so-called “baby bond” initiative, which lawmakers did not include in the spending plan. “It’s a matter of when, not if,” Murphy said of the program, which would have provided $1,000 savings bonds to tens of thousands of babies born into low- and middle-income families in 2021. “All in all, I am proud of the budget that we have agreed upon. ... The budget lives up to our most important objective, preparing our state for a stronger, fairer and more resilient future,” Murphy said during his regular briefing in Trenton. “I look forward to tomorrow's votes and to signing this new budget into effect.”

IT’S BEGINNING TO LOOK A LOT LIKE CHRISTMAS — “NJ lawmakers find millions for pet projects in budget that borrows billions, raises taxes,” by The Record’s John Reitmeyer: “Dozens of spending items were tucked into the state budget at the last minute by lawmakers this week, while they are arguing the financial strain of the coronavirus pandemic is forcing New Jersey to borrow billions of dollars to maintain core services like education and public safety. Among the various projects now in line to be funded by state taxpayers amid the health crisis are shade tree management in Metuchen, a municipal facility renovation in East Brunswick, and the dredging of a reservoir in Clark … Funding has also been set aside amid the pandemic for an Essex County youth golf program, although that item was not added by lawmakers, but instead was first earmarked in the budget that Gov. Phil Murphy sent to lawmakers in late August.”

WILL MURPHY DEMAND HIS SIGNATURE BE INCLUDED ON THE CHECKS? — “Murphy's millionaires tax is just the latest Trenton scheme to buy NJ votes,” by The Record’s Charles Stile: “The trio of top Trenton Democrats are going to raise taxes on millionaires and spend most of the projected $390 million in new lucre to buy votes next year. Despite Gov. Phil Murphy's progressive rhetoric, his long-sought millionaires tax is financing a cynical, old-school protection scheme that will benefit his reelection bid and the Democratic legislators who will join him on the 2021 ballot. We've seen variations of this election-season gimmickry for more than 40 years.”

OFFICIAL MISCONDUCT — “NJ law says criminal cops should go to jail. Records reveal they often don't,” by The Asbury Park Press’ Andrew Ford: “When New Jersey lawmakers sought advice about police accountability, one of the power players they turned to was Sean Lavin, a police union leader … But Lavin’s own history illustrates something else. A state law enacted more than a decade ago to jail criminal officers and other public officials who abuse their authority hasn’t worked as intended. Lavin is one of dozens of New Jersey officers who have been criminally charged with official misconduct but avoided the jail time called for under the law, an investigation by the Asbury Park Press and ProPublica has found. Lavin was indicted in 2014 when he worked as a Mercer County sheriff’s officer. The indictment accused him of using pepper spray on a handcuffed woman, filing a false report about the encounter and encouraging other officers to fake their reports, too. The charges included three counts of second-degree official misconduct … A conviction on each charge should come with mandatory jail time — up to five years with no parole, in this case — according to state law. But Lavin received no jail time, no probation, no criminal record. In exchange for his resignation from the force, in October 2015 he entered a ‘pretrial intervention’ program ordinarily reserved for low-level crimes. It wiped the charges from his record … All told, from 2013 through 2017, prosecutors charged law enforcement officers with official misconduct at least 118 times, the investigation found. Less than one-third of them received jail time.”

STUCK IN TRANSIT — “Feel like your NJ Transit complaints aren't being heard? Here's why,” by The Record’s Colleen Wilson: “Emails or a phone number for board members are not publicly available. A 'board feedback' form on the NJ Transit website first goes to the customer service office and it’s unclear whether any have been provided to board members. Scripted meetings leave little room for dialogue about talking points not on the agenda or reaction to public comments … While a bill Weinberg proposed in June — which would expand the board’s powers, change its leadership structure, and require more board input on key documents — makes its way through the legislative process, some of the board’s freshly seated members are trying to break the mold of an agency that seems set in its ways. Bob Gordon, who joined the board in February as the first wave of newly installed members, has taken a more outspoken stance on his attempts to inflict change to the agency’s rigid structure.”

LAWSUIT TO BE AS EFFECTIVE AS HYDROXYCHLOROQUINE — Pennacchio-linked group says New Jersey owes closed businesses compensation, by POLITICO's Matt Friedman: A group closely tied to one of Gov. Phil Murphy’s most vocal critics in the Legislature claims the state of New Jersey is required to compensate businesses that were ordered to close during the early days of the coronavirus pandemic. Rescue New Jersey, a relatively new nonprofit with links to state Sen. Joe Pennacchio (R-Morris), argues in a lawsuit filed Wednesday evening that the shutdown order forced the owners of private businesses deemed “non-essential” to provide a public benefit, and that state law requires them to be compensated. “Beginning on March 16 with Executive Order 104, Governor Murphy decided to use the power given to him by the [New Jersey Disaster Control] Act, to order businesses that he deemed ‘non-essential’ to close and to later reopen with severe restrictions,” Robert Ferguson, an attorney for Rescue New Jersey, said in a statement ... Murphy’s executive orders are based on the New Jersey Disaster Control Act, which was signed into law near the beginning of World War II. The law states that the governor can “commandeer and utilize any personal services and any privately owned property necessary to avoid or protect against any emergency subject to the future payment of the reasonable value of such services and privately owned property as hereinafter in this act provided.” Essentially, the lawsuit argues that the governor’s orders requiring non-essential businesses to shut down is equivalent to commandeering private property.

— “‘Free thousands more inmates.’ Advocates make push for relief from COVID in prisons”

— New Jersey has yet to see Covid outbreaks from indoor dining, gyms, but contact tracing lags

— “When could N.J. increase indoor capacity limits at restaurants, gyms? We need ‘sustained lack of outbreaks,' Murphy says”

— Snowflack: “Murphy philosophical about baby bonds”

— “For consumers and small businesses, New Jersey needs to ditch its bag ban | Opinion”

— “Cannabis influencers: Meet Jersey’s Mayor of Cannabis [Scott Rudder]”

— “N.J. has 170,221 online voter registrations since September 4”

— “We don’t want to end up like the U.K. with new round of coronavirus closures, N.J. Gov. Murphy says”

— “NJ approves scaled-down $1 billion PSE&G plan to boost energy efficiency”





TRUMP ERA

ASK NOT WHAT YOUR COUNTRY CAN DO FOR VAN DREW — “The Kennedys will soon be gone in Congress. Unless Amy Kennedy beats Jeff Van Drew in New Jersey,” by The Philadelphia Inquirer’s Allison Steele: “If elected in November, Kennedy, whose husband is former U.S. Rep. Patrick Kennedy, will become the next member of a political dynasty whose power and influence span almost a century. If she loses, following U.S. Rep. Joe Kennedy’s unsuccessful Senate bid in Massachusetts, there will be no Kennedy in elected federal office next year. In an interview last week, Kennedy acknowledged her married name has helped raise money and form a robust campaign team. But she doesn’t feel the weight of the family’s history while she campaigns hundreds of miles from New England. ‘Here, it’s not as big a deal,’ she said. ‘And I’m trying to keep this focused on South Jersey, because it needs to be less about me and more about where we live and what the people here care about. And that’s health care, and jobs, and people who are worried about raising their kids.’ When talking to voters, she’s more likely to mention the family she was born into: four generations of Atlantic County residents who were part of local government, coached youth sports, and owned small businesses.”

— “Supporters and protesters greet Donald Trump Jr. at GOP fundraiser in Galloway”

— “Rep. Bill Pascrell Jr. replaces John Lewis as chair of House Ways and Means subcommittee,” by The Record’s Nicholas Katzban: “Rep. Bill Pascrell Jr., D-Paterson, has replaced the late Rep. John Lewis, D-Ga., as the chair of the Oversight Subcommittee of the House Ways and Means Committee, which has oversight of revenues, including taxation, Social Security and Medicare … The subcommittee will ‘focus with ferocity on holding the criminal Trump regime accountable’ for its ‘public and private corruption,’ Pascrell said.

PERSONAL PAN DREW — “Van Drew took campaign contribution from N.J. hydroxychloroquine salesman named Joe Pizza,” by New Jersey Globe’s Nikita Biryukov: “Months before joining President Donald Trump in boosting an untested anti-malarial drug as a treatment for COVID-19, Rep. Jeff Van Drew (R-Dennis) received a donation from a prominent GOP donor who heads a firm that sells hydroxychloroquine. Joe Pizza — the president and CEO of Interchem, a Paramus-based pharmaceutical sales firm that lists hydroxychloroquine among its products — has given nearly $241,000 to Republican campaigns, PACS and other party organizations since the start of 2019, according to Federal Election Commission data … A little more than a month after Van Drew defected to the Republican party after losing support among rank and file Democrats over his opposition to impeachment proceedings against Trump, the former Democrat received $500 from Pizza.”

— “Former colleagues say Malinowski had no involvement in lobbying on 2006 crime bill”

A MESSAGE FROM POLITICO — Your favorite news website is kicking off “Confronting Inequality in America,” a series of town hall conversations addressing how racial inequality permeates every major aspect of American life and what it will require to create change. The first town hall is today at 1 p.m., and will focus on disparities in education. Watch it here .





LOCAL

CAN N.J. DO THIS WITH CENSUS RESPONSE RATES, TOO? — “N.J. eased its attendance rules during the pandemic. Then Newark said 99.8% of students were present,” by ChalkBeat’s Patrick Wall: “On average, 99.8% of Newark students were present for each day of remote learning, according to district data from March 16 through the end of the school year in June. Chalkbeat obtained the data through a public records request. Newark’s claim that nearly 100% of students took part in daily remote learning during the height of the coronavirus pandemic contrasts sharply with attendance data from several districts in other states, which reported that anywhere from 15-40% of students were not engaged during that time … So how did Newark achieve near-perfect attendance this spring? It appears to have benefited from a new state policy: New Jersey districts could mark every student present during remote learning unless a district ‘knowingly determines a student was not participating.’”

RAW DEAL — “How the residents in this wealthy Jersey Shore town partied in the face of a pandemic,” by NJ Advance Media’s Alex Napoliello: “The horde of teens crammed the dance floor in a sprawling backyard in Deal, celebrating a bar mitzvah. They bounced to the beat as the DJ encouraged them to sing along earlier this month, raising their hands high and embracing each other without masks as if there was no pandemic. In another backyard in the same town, at least 100 people gathered Aug. 11 to celebrate an engagement. Those adults, none of whom wore masks, held hands and danced in circles on a makeshift dance floor. And 400 people attended a comedy show in Deal on June 26 that was billed as a ‘singles event’ — despite the state restriction limiting outdoor gatherings to only 250 people — according to borough records. The coronavirus pandemic forced many New Jersey residents to cancel or postpone major celebrations in the summer. But in Deal, a Jersey Shore borough lined with multi-million dollar homes and well-manicured lawns, the party never stopped.”

— “Clifton, city police can't agree on a contract. Now, it's in New Jersey's hands”

— “Toms River to negotiate with Justice Department on religious zoning after lawsuit threat”

— Kelly: “How Ruth Bader Ginsburg helped a high school girl win a spot on Teaneck's boys tennis team”

— “Video shows [Asbury Park] police fatally shooting man armed with knife last month”

— “Asian American sues Plainfield deputy fire chief over alleged racist COVID-19 comments”

— “Middletown BOE president responds to 'smear' video, denies being 'anti-cop'”

— “Judge block ballot drop boxes in Gloucester County”

— “[Cumberland] Freeholder wants comptroller to investigate cancelled county jail project, bond use”

— “Cumberland hands protesting corrections officers layoff notices, take effect in November”

— “Jersey City Council no longer planning to vote on dueling CCRB ordinances tonight”





EVERYTHING ELSE

BAGELPOTAMIA — “The Cradle of global bagel baking? (It’s not New York),” by The New York Times’ Alan Neuhauser: “Ms. [Beth] George, officially, is a lawyer. But since 2013 she has worked day and night as one of the world’s few, and most sought-after, bagel consultants. From the Bahamas to Saudi Arabia, from India to the Horn of Africa, dozens of aspiring bagel bakers — novices and professionals — have hired her to provide and adapt recipes, guide their business plans, help lay out their kitchens and be their on-call troubleshooter for issues from kneading and rolling to boiling (or steaming) and baking … Working from a commercial kitchen here in Fair Lawn, under the name BYOB Bagels — for both Be Your Own Boss and Build Your Own Business — Ms. George has helped open about 50 bagel shops on every continent except South America and Antarctica.”

— “Rutgers aiming for spring return to campuses, President Jonathan Holloway says”

— “Here are the 7 finalists in our epic search for N.J.’s best Taylor ham/pork roll sandwich”

— “Nursing home will be 1st in N.J. to shut down since pandemic. 100 workers get layoff notices”

— “Sopranos prequel, 'The Many Saints of Newark,' films at Holsten's in Bloomfield”