Assembly Republican Leader Alex DeCroce

DeCROCE: ALL 31 ASSEMBLY REPUBLICANS AGREE
THE LEGISLATURE SHOULD TURN OVER ALL DOCUMENTS
REQUESTED BY THE U.S. ATTORNEY IMMEDIATELY

In a letter faxed to U.S. Attorney Christopher Christie this morning, Assembly Republican Leader Alex DeCroce said all 31 members of the Assembly Republican caucus oppose the decision made by the Office of Legislative Services and ruling Democrats to refuse to comply with a federal subpoena seeking documents pertinent to a reportedly wide-ranging political corruption probe.

"After checking with every member of my caucus, I want the U.S. Attorney to know Assembly Republicans are united in the belief that the decision by the Office of Legislative Services to retain special counsel and challenge the federal subpoena in court is a colossal mistake," said DeCroce, R-Morris and Passaic. "It was done without our knowledge or support.

"It is important for Chris Christie and the public at large to know that when Edward Dauber, the special counsel retained by the Office of Legislative Services, appears before U.S. District Court Judge Mary Cooper to fight the subpoena he is not speaking on behalf of the entire Legislature by a long shot. He is certainly not speaking for my members."
DeCroce asked Mark D. Sheridan, a counsel for the Assembly Republicans, to convey the sentiments of the caucus in a letter to the U.S. Attorney.

"All thirty-one Republican members of the State Assembly have indicated their desire that you be afforded any and all documents relevant to your inquiry," the letter stated.

"To the extent that inquiry involves communications by Republican members of the State Assembly to the Office of Legislative Services regarding individual line-items in the 2005, 2006 and 2007 State budgets, they have authorized me to inquire as to what steps they can take to assist your efforts and ensure that you are provided with all of the documents you seek. To that end, please advise as to how the members of Republican Caucus may assist you in obtaining the documents sought pursuant to the subpoena."

DeCroce said he takes great exception to the implication left by the decision to hire Dauber that the whole Legislature, as an institution, opposes providing any of the documents requested by the U.S. Attorney.

"Quite the contrary," DeCroce noted. "The U.S. Attorney has the unqualified support of the entire Assembly Republican caucus.

"To me, it makes no difference if this investigation centers on one legislator or dozens. If the Office of Legislature Services is in possession of documents that demonstrate a legislator has abused his or her office for financial gain, they should be submitted to the U.S. Attorney's Office immediately."

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(A copy of the letter to the U.S. Attorney is attached.)

Honorable Christopher J. Christie
United States Attorney
United States Attorney - Newark Division
Room 700
970 Broad Street
Newark, New Jersey 07102

Re: Subpoena Office Of Legislative Services

Dear United States Attorney Christie:

I write on behalf of the members of the Republican Caucus of the New Jersey State Assembly with respect to the subpoena issued by your office to the Office of Legislative Services. While neither myself nor any member of the Republican Caucus has been served with or seen the subpoena in question, it has been widely reported that it seeks a broad range of documents from the Office of Legislative Services relating to individual line-item appropriations in the FY 2005, FY 2006 and FY 2007 Appropriation Acts. Among the documents reportedly requested by the subpoena are emails, correspondence, memoranda and facsimiles exchanged between members of the State Legislature and the Office of Legislative Services. It is the understanding of the members of the Republican Caucus that the Office of Legislative Services has refused to produce such materials on the grounds that they are protected from disclosure by the attorney-client privilege.

Assuming for the moment that the attorney-client privilege is even arguably applicable to communications between individual legislators and the Office of Legislative Services, the right to assert attorney-client privilege lies with the individual member seeking the advice of counsel. To date, no member of the Republican caucus has been asked whether they wish to assert attorney-client privilege as to their communications -- assuming any such communications even exist -- regarding individual line-items in the 2005, 2006 or 2007 State budgets. Furthermore, no member of the Republican Caucus has authorized Mr. Dauber to represent their interests with respect to the subpoena. Accordingly, the Republican members have requested that I act on their behalf and address the issue with you.

All thirty-one Republican members of the State Assembly have indicated their desire that you be afforded any and all documents relevant to your inquiry. To the extent that inquiry involves communications by Republican members of the State Assembly to the Office of Legislative Services regarding individual line-items in the 2005, 2006 and 2007 State budgets, they have authorized me to inquire as to what steps they can take to assist your efforts and ensure that you are provided with all of the documents you seek. To that end, please advise as to how the members of Republican Caucus may assist you in obtaining the documents sought pursuant to the subpoena.

Should you have any questions please do not hesitate to contact me.

Respectfully submitted,
Mark D. Sheridan