The Codey Cop-Out

C'mon, show us all your dirty tricks.

"no comment," Dick.

Codey told Bergen record that program existed before he became Senate President. That is not only true, it is a blatant lie. Codey created the slush fund manner of giving out grants. And the total amount of the grant program was $128 million over two years. So far we ahve heard who had control over $20 million. What about the other $124 million. There's a lot of lying to the public going on. Codey/Roberts need to explain the other $108 million now.

You are correct, but only partially so Juan.

Given the circumstances, certainly Senator Codey should step down as the State Senate President. By virtue of holding that position, he is automatically the Acting Governor whenever Corzine leaves the State, a position in which it is now quite apparent that Senator Codey egregiously abused his power while he was the Acting Governor for two years after Jim McGreevey left office in disgrace.

But this abuse of power also goes to the heart of his position as a Senator as well. He cannot be allowed to get away with the old "two Mattys" excuse -- Matty Feldman the Senate President, and Matty Feldman the liquor distributor, and never the twain shall meet!

In his dual roles as Senate President and Acting Governor, Codey oversaw this utterly illegal scheme for the secret distribution of taxpayer funds appropriated pursuant to the "Property Tax Assistance and Community Development Program."

David Russo has now testified in Bryant’s trial (per the Star-Ledger) that Codey had complete "discretion" over the expenditure of $12 million out of that fund. Prior testimony had it that Bryant and Kenny had $4 million apiece to "designate." So, at least half of the money appropriated for that fund for that year was secretly expended at the personal whim of three legislators! And, Senator Adler now admits that he received some of the money from that fund, but incredulously asserts that he did not know of the overall scheme. 

Likewise, Assemblywoman Stender was given money to "spend" at her discretion. That’s in one such year, Juan.

And, there were reportedly a few other such funds, one of them involving Homeland Security. Let me guess . . . more garbage trucks?

Once a law is passed and set up as a merit-based fund for purpose-oriented projects it is blatantly improper and unconstitutional for individual legislators to be "designating" where such funds are to be spent! It violates the very separation of powers principals on which our system is founded. 

Under our State Constitution, this scheme spits right in the eye of Article III, where it states that, "No person or persons belonging to or constituting one branch shall exercise any of the powers properly belonging to either of the others, except as expressly provided in this Constitution." 

Now Codey did have express constitutional authority, as Acting Governor, to play the role of Governor.  But on what conceivable basis did he have the authority to set up and administer an unconstitutional scheme, permitting several legislators to designate where funds were to be spent?  The answer is that he did not have any such authority.  And having done so, he violated his oath of office as a senator, as well as the senate President and Acting Governor.

That was exactly what was going on here, and Senator Codey presided over that scheme in his dual roles of Senate President and Governor.

No doubt there will be those who will point to the "Christmas tree" process in appropriations and ask how that is any different. The answer is quite obvious. So-called Christmas tree items are completely transparent, with the sponsor of the items known. We may not like that process, but it is out there for everyone to see, including the ability for anyone to obtain a copy of the resolution introduced by the legislator.  The details of this process were not even "discoverable" with OPRA requests, or legislator requests.

This scheme involved the expenditure of likely hundreds of millions of dollars in an entirely secretive manner, with specific legislators each subverting our constitutional process, and using our tax dollars as personal slush funds, personally designating where ostensibly merit-based public monies were to be spent. The process itself was a complete unconstitutional sham. And Codey oversaw it all!

So, I would further argue that, for the reasons you cite -- and much much more -- Dick Codey should also immediately step down as a State Senator.  And there will be others who should step down as well.  Anyone who participated in it was violating their oath of office. 

Moreover, each and every State Treasurer, and each and every Attorney General in office during the existence of this fund (and any other such similar funds), have some very serious questions to answer to the public of New Jersey as well.

Even in the Corzine Administration, for example, Zulima Farber owes an explanation for having claimed -- in an official letter to Assemblyman Merkt -- that an investigation was underway, when it was obviously a cover-up that was going on!

You say that Corzine conducted an “internal investigation.” Who conducted that investigation? Why was that not made public? What were the results?

Every Senator and Assembly member, by virtue of his or her position and the votes he or she casts, affect each of us, as well as the people residing within their districts. They represent those districts to be sure, but they take an oath of office to support the Constitution of the United States and the Constitution of the State of New Jersey. Legislators are certainly expected to enthusiastically engage that process, in order bring home the bacon to their district, but within constitutional limitations and processes.

What Dick Codey did with respect to this law was entirely out of bounds by not only permitting, but actually presiding over a secret and unlawful distribution of perhaps hundreds of millions of dollars of appropriated funds, in a blatantly unconstitutional manner.

Dick Codey obviously has to go.

by Trochilus

Codey type of move.

He has got to go and he must be held accountable. The State AG must investigate this - there must be a State-lead investigation. It is embarrassing that on the Federal US Attorney is cracking down on State politicians.

Go get 'em Anne!

Finally, the mask has come off Smiling Dick Codey. It's good to see. At long last he is being revealed for the true NJ Politician he is.

I will simply ask this. How could someone who was running the Senate while the State was running into the ground be honest?

We all need to remember in November.

Now, Codey and Kathleen Crotty are falsely accusing a Republican staffer of "improperly" seeking information on how those appropriated funds were being expended. As if there was a "Miranda" rule for OPRA requests!

They should both step down.

by Trochilus