'Easy to Make Up Cases There's a Lie in': Justices Question DOJ's 'Bridgegate' Convictions
The case Kelly v. United States could prove another setback for prosecutors at the U.S. Supreme Court.
January 14, 2020 at 01:36 PM
4 minute read
The U.S. Supreme Court on Tuesday appeared skeptical that a federal crime was committed in the so-called Bridgegate scandal in which aides to then-Gov. Chris Christie of New Jersey were accused of orchestrating a massive traffic jam on the George Washington Bridge for political purposes.
The justices heard arguments in the case Kelly v. United States, the latest in a series of cases in which the high court has examined, and limited, the power of federal prosecutors under certain broad criminal statutes.
Bridget Kelly, a former deputy chief of staff to Christie, and William Baroni, then deputy director of the Port Authority, were convicted of federal wire fraud and federal program fraud for conspiring to realign the lanes on the bridge as political payback to the mayor of Fort Lee, New Jersey, who had declined to support Christie's reelection. The lane realignment on the critical thoroughfare caused a four-day traffic jam. A federal appeals court in November largely upheld the convictions.
Eric Feigin, deputy U.S. solicitor general, struggled to persuade a number of justices that the object of the fraudulent scheme was to obtain "property," an element of wire fraud.
"The statute says the object of the scheme has to be to obtain property," Justice Elena Kagan said at one point. "Here the ordinary juror would see the object was to create a traffic problem." Echoing Kagan's concern, Chief Justice John Roberts Jr. told Feigin, "The object was not to change lanes but to create a traffic jam."
Feigin argued the lane realignment "was a particular type of fraud—a commandeering (of the lanes and resources)." He continued: "The object was to take control of real property. It is when the defendant tries to take over property that is in the hands of the victim and manage it as if it is his own property. That's what they were doing with the lanes on the bridge and the employee resources."
Justice Stephen Breyer raised concerns with Feigin and Kelly's counsel, Jacob Roth, partner at Jones Day, that what was actually at the heart of the scandal was more like honest services fraud.
Breyer said during one exchange, "It's easy to make up cases that there's a lie in, and that's my problem, same problem. We're back into honest services fraud, which is fraud and bad. The question is, does this statute get it?"
Roth argued that Port Authority, at most, was deprived of regulatory control, not property.
"The federal property fraud statute is concerned with cheating the government out of its property rights," Roth said. "And that's just not what we have here. What we have here is an abuse of power, a political abuse of power and, if anything, that sounds in honest services fraud which this court has limited, due to vagueness concerns, to bribes and kickbacks."
Sidley Austin partner Michael Levy, counsel to Baroni, told the justices that the government has conceded that a public official who is acting politically, not for personal gain, does not commit fraud by lying about his reason for an official decision if the decision was within his general authority.
"That concession requires reversal," Levy argued. The government, he said, proved that Baroni was responsible for supervising all aspects of Port Authority's operations and there was no policy preventing him from using that authority to alter traffic patterns.
"For the government's rule to work, this court should require an objectively clear lack of authority, something not even arguably shown here," Levy told the justices. "Otherwise, any official who conceals his political motivation risks being convicted of fraud if a prosecutor or jury later disagrees about the scope of his authority."
Christie attended Tuesday's arguments at the Supreme Court. A ruling is expected by the end of June.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllA Look Back at High-Profile Hires in Big Law From Federal Government
4 minute read'Appropriate Relief'?: Google Offers Remedy Concessions in DOJ Antitrust Fight
4 minute readLaw Firms Mentioned
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250