In a thorough dissection of the arguments made by the committee leading the investigation, state Superior Court Judge Mary Jacobson found no basis to force Bridget Anne Kelly, Gov. Chris Christie's former deputy chief of staff, and Bill Stepien, his two-time campaign manager, to comply with its subpoenas.
The pair objected to the requests, issued in January, because they argued identifying and turning over records would violate their Fifth Amendment rights against self-incrimination. They called the committee's requests a fishing expedition. Jacobson agreed.
"While legislative committees in New Jersey have broad powers ... they do not have the authority to abrogate the Fifth Amendment," Jacobson wrote, later adding, "The subpoenas would require compelled testimonial evidence from Ms. Kelly and Mr. Stepien and thus run afoul of defendants' privilege against self-incrimination."
The 98-page decision was a major setback for the legislative investigation because its leaders considered the records held by Kelly and Stepien to be critical to understanding the politically charged motivations behind the September lane closings.
The scandal exploded in January when an e-mail from Kelly stating, "Time for some traffic problems in Fort Lee," first linked the closings to Christie's office.
