Michele Brown

No one is going to question the testicular fortitude of Michael Drewniak, the spokesman for the U.S. Attorney’s office and a registered Democrat.  He took a short leave from his job with the Justice Department today to attend, on his own time, the campaign kickoff of his former boss, Christopher Christie, for the Republican nomination for Governor. 

Maybe Drewniak, a former newspaper reporter who has worked for federal prosecutors from both parties, wanted to see how Christie handled himself as he embarks on a new career.  Or perhaps Drewniak just wanted to make a point after First Assistant U.S. Attorney Michele Brown was criticized for attending a social gathering-turned-campaign meeting at Christie’s home two Sundays ago.

County prosecutors have much more stringent guidelines concerning political activity than federal prosecutors, according to the code of ethics developed by the state Attorney General and each of New Jersey's 21 prosecutors.  While First Assistant U.S. Attorney Michele Brown had no apparent legal obstacle in attending a partisan event at the home of Republican gubernatorial candidate Christopher Christie last week, she would not have been allowed to attend had she been working at the state level.

The ethics code "recognizes the importance of public confidence in the administration of criminal justice and provides for the general supervision of the county prosecutors by the Attorney General as chief law enforcement officer of the State.  This Code has been endorsed by each county prosecutor on behalf of his or her office."

According to the guidelines, county prosecutors, assistant county prosecutors, detectives, investigators or their office managers "shall not engage in any political activity" with political defined as "affecting the election to public office or political party office of a specific candidate or candidates or of the candidates of a particular political party in general." 

Prosecutors are prohibited from making contributions to candidates or political parties, as well as any participation in campaigns or working on behalf of any party or political organization. They may not display a lawn sign, put a bumper sticker on their care, wear a campaign button, or even work at the polls on Election Day.

The following is the Code of Ethics for County Prosecutors:

Getty Images Photo

Former U.S. Attorney Christopher Christie, left, with First Assistant U.S. Attorney Michele Brown and former U.S. Attorney General John Ashcroft at a 2003 news conference.

The gathering at the home of Republican gubernatorial candidate Christopher Christie two Sundays ago appears to have been more political than social - something that might force the Justice Department to suggest that First Assistant U.S. Attorney Michele Brown skip similar events in the future.  Brown wasn't just any prosecutor - she is a seventeen-year veteran who served as Christie's counsel when he was U.S. Attorney and recently received a promotion to the number two slot, just behind Acting U.S. Attorney Ralph Marra, Jr.

Multiple sources in attendance confirmed that in addition to food and beverages, there was a clear political program for the group of Republican County Chairmen and GOP legislators. 

Among the speakers were: Christie fundraiser John Hansen, who talked about fundraising strategies and the challenges of Gov. Jon Corzine's Executive Orders limiting campaign contributions from state vendors in funding a gubernatorial campaign; Christie consultant Michael DuHaime gave a presentation on the campaign strategy; and Bill Palatucci, a veteran GOP strategist and Christie's top advisor, discussed the current New Jersey political landscape and the work the campaign has done so far.

Christie also made some remarks, and introduced Brown to the rest of the group.

First Assistant U.S. Attorney Michele Brown with her former boss, Chris Christie, at a forum at Fairleigh Dickinson University last year.

U.S. Rep. Frank Pallone (D-Long Branch) wants the Justice Department to look into First Assistant U.S. Attorney Michele Brown's attendance at a social/political gathering at the home of Christopher Christie, a former federal prosecutor seeking the GOP nomination for Governor.  Pallone wants Acting U.S. Attorney General Mark Filip to determine if Brown had permission to attend the event and if it violated any laws or guidelines regarding prosecutors at her level.

Pallone says the January 25 party at Christie's Mendham home "was an organized function of Mr. Christie's political campaign, and not simply a social gathering.  It included, among other things, speeches from prominent Republican fundraisers about campaign fundraising strategy, as well as remarks from key personnel of Mr. Christie's political campaign and Mr. Christie himself about campaign strategy for his candidacy for governor."

"Given the many examples of misconduct and excess over the last few years at the Justice Department, it is clear that such confidence has been shaken and considerable work needs to be done to ensure that we once again have faith that our laws are faithfully executed and justice is administered fairly and without regard to political consideration," wrote Pallone, who is also seeking a review of DOJ gudelines so that senior members of the U.S. Attorney's staff do not become part of a campaign infrastructure.

Michael Drewniak, a spokesman for the U.S. Attorney's office, said that Brown did nothing wrong.

“We are not required to act like cloistered drones when it comes to the political process and, with some obvious restrictions, we are allowed to associate with and support campaigns and make political contributions if we so choose  -- just like all Americans," Drewniak said. "I would refer you and anyone else who is genuinely interested to read the rules governing our conduct in this regard.”

Pallone's full letter to Filip:

First Assistant U.S. Attorney Michele Brown with her former boss, Chris Christie, at a forum at Fairleigh Dickinson University last year.

First Assistant U.S. Attorney Michele Brown was among the guests at a small social gathering held last Sunday at the Mendham home of Republican gubernatorial candidate Christopher Christie, but her attendance at the event - which was not political event though many of the attendees were Republican County Chairmen, legislators and campaign staffers - did not violate any federal law or regulation. 

Brown was the Executive Assistant U.S. Attorney and Christie's counsel before Acting U.S. Attorney Ralph Marra, Jr. elevated her to his old job as the number two in command of the federal prosecutor's office.  A career prosecutor, she is a close personal friend of Christie and his wife, Mary Pat, and has been the U.S. Attorney's office for seventeen years.

With some obvious restrictions, Justice Department employees are allowed to associate with and support political campaigns, according to a website maintained by the U.S. Office of Special Counsel.  Sources say that while some of the talk at Christie's home turned to politics and his bid to unseat Governor Jon Corzine, Brown did not participate in those conversations.  There are no guidelines against maintaining personal friendships while working at the Department of Justice.

From the website:

There's another statewide campaign in New Jersey next winter: the race to succeed Christopher Christie as the United States Attorney - a post that holds considerable power and visibility, and potentially a launching pad for higher public office.   By tradition, federal prosecutors submit their resignations to coincide with the inauguration of a new President. 

If John McCain wins, possible candidate for U.S. Attorney include McCain state campaign director Rick Mroz, a former Chief Counsel to Gov. Christine Todd Whitman; and State Sen. Bill Baroni, the Chairman of McCain's New Jersey campaign.  Mroz runs former Assemblyman/BPU Commissioner Edward Salmon's consulting firm, and is associated with former Cumberland County GOP Chairman Lawrence Pepper's law firm.  Baroni is a Seton Hall University law professor, and has been on Team McCain since 1999, when he worked on the national campaign staff as McCain's advanceman. 

McCain could also go with one of Christie's deputies, like First Assistant U.S. Attorney Ralph Marra or Executive Assistant U.S. Attorney Michele Brown.