Chris Christie. | Photo via the governor's office. Judge again finds probable cause to investigate Christie on Bridgegate

HACKENSACK — A Bergen County judge has found, for the second time, that there is probable cause to investigate whether Gov. Chris Christie committed official misconduct relating to the 2013 George Washington Bridge lane closures.

Roy McGeady, Bergen County's presiding municipal judge, announced his finding after considering a citizen's complaint brought by Bill Brennan, a retired firefighter who is running for governor.


McGeady said there was probable cause — "more than a mere suspicion, but something less than beyond a reasonable doubt" — that the Republican governor at the least did not act to open the bridge's access lanes and ease massive traffic jams, despite Fort Lee Mayor Mike Sokolich's requests, and possibly knew the lane closures were not part of a "traffic study."

McGeady had previously found probable cause regarding Brennan's complaint, but Superior Court Judge Bonnie Mizdol, sitting in Hackensack, sent it back to him so that Christie's lawyers could participate in a hearing earlier in February, though they did not.

The Bergen County Prosecutor's Office, which would have to investigate the charge were it to move forward, has said in a letter circulated by Christie's office, that the complaint can't be proven beyond a reasonable doubt.

According to McGeady, Christie's lawyers twice wrote the court ahead of that scheduled hearing to say that, in light of that letter, they considered the issue a "nullity."

"This court chose not to even address that," McGeady said in his ruling on Thursday.

Brennan's complaint included his own sworn testimony, as well as federal court transcripts of testimony of David Wildstein, formerly a Christie appointee to the Port Authority, and Bridget Anne Kelly, Christie's former deputy chief of staff

On Thursday, McGeady read out selections from the transcript, including Wildstein's testimony that Christie knew of the lane closures and that Sokolich's calls weren't being returned.

"Governor Christie said, in the sarcastic tone of that conversation, ‘Well, I’m sure Mr. Edge wouldn’t be involved in anything that’s political," Wildstein said, according to the transcript. "Mr. Edge" is a reference to Wally Edge, the pen named Wildstein used when he ran a popular website about New Jersey politics.

"No one mentioned 'political' at all, except the governor," McGeady said in court Thursday.

Christie's press secretary, Brian Murray, said McGeady was breaking the law.

“This judge has once again violated the Governor's constitutional rights and intentionally ignored the earlier ruling by Assignment Judge [Bonnie] Mizdol. The judge is violating the law, pure and simple," Murray said in a statement. "This concocted claim was investigated for three months by the Bergen County Prosecutor’s Office, which summarily dismissed it. ... The law requires this judge to have done the same. This is a complete non-event."

McGeady scheduled a first appearance in central processing court for 1:30 p.m. March 10.

Brennan, speaking to reporters after court, said the Bergen County Prosecutor's Office was "conflicted," and worse than incompetent if it does not bring charges.

"They are knowingly refraining from the duty that's clearly inherent in the nature of the office of assistant prosecutor," he said. "I may very well have to charge them criminally with official misconduct, for aiding and abetting as accessories after the fact, this crime that Gov. Christie clearly committed."

Maureen Parenta, a spokeswoman for the Bergen County Prosecutor Gurbir Grewal, didn't return a phone message seeking comment.

Brennan also called on gubernatorial candidates to talk about his case.

Assemblyman John Wisniewski, a Democratic candidate for governor, told POLITICO New Jersey, "I give credit to Bill Brennan for his tenacity. The standard that a judge views for probable cause is a very low standard, so what we still need to see is what will happen with the prosecution."

He also said he believes Christie has "an obligation" to show up in court in March. "I don't know whether he will," he said.

Katherine Landergan contributed to this report.