Attorneys for a former Christie administration aide who is facing federal criminal charges for allegedly closing lanes at the George Washington Bridge are fighting what they say is an attempt by prosecutors to keep evidence collected during the investigation secret before the trial.
Lawyers for former Port Authority Deputy Executive Director Bill Baroni wrote in court papers that a proposal to limit disclosure of the evidence in the case prior to the trial would hamper their defense. They also wrote that it showed federal prosecutors' "desire to protect members of (New Jersey Gov. Chris Christie)'s inner circle" and other government officials.
The legal fight is over a request by the U.S. Attorney's Office to add an extra layer of privacy over nearly 1.5 million documents it must turn over to defense attorneys in preparation for the trial. Federal prosecutors say some of the documents contain sensitive and private information unrelated to the bridge charges, and they have asked a judge to require that defense attorneys get approval from the judge before showing any of the documents to anyone else.
In court papers filed late Wednesday, attorneys Michael Baldassare and Jennifer Mara wrote that there are already court rules in place that prohibit defense attorneys from unnecessarily disclosing sensitive information.
The case is being closely watched because it is progressing as Christie prepares to announce whether he will run for president and because prosecutors have said there are "unindicted co-conspirators" in the case _ people who investigators believe were involved but were not charged.
After a nearly 16-month investigation, Baroni and Bridget Anne Kelly, former Christie deputy chief of staff, were charged for allegedly scheming to cause traffic jams in Fort Lee to get back at the borough's mayor for not endorsing Christie for re-election in 2013. David Wildstein, a former Port Authority official who oversaw the lane closures, has pleaded guilty and is a witness against his two former colleagues.
Baroni's attorneys wrote in a fiery 51-page document that the public interest in the case is reason not to grant the so-called protective order. They also criticized prosecutors' argument that some of the documents, if disclosed, would embarrass people not involved in the alleged scheme and would fuel speculation about the identity of the unindicted co-conspirators. Such documents, regularly made available to defendants before trial, are called discovery.
"For some reason, the government assumes defense counsel will use the discovery to visit 'abuses, oppression and injustices' on people, rather than to clear Mr. Baroni's name," Baldassare and Mara wrote.
A spokesman for the U.S. Attorney's Office declined to comment, saying prosecutors would respond in court papers.
(c)2015 The Record