Paul Fishman

President Obama is expected to nominate Paul Fishman as the new U.S. Attorney for New Jersey within the next few days, possibly as early as tomorrow, sources say.  His nomination must be confirmed by the U.S. Senate.

Fishman was recommended for the post by U.S. Senators Frank R. Lautenberg (D-Cliffside Park) and Robert Menendez (D-Hoboken) last February.  The post has been vacant since Republican Christopher J. Christie resigned on December 1.  Ralph Marra, Jr. is now the Acting U.S. Attorney.

The 52-year-old Fishman, a Princeton University graduate and editor of the Harvard Law Review, worked in the U.S. Attorney's office as Chief of the Criminal Division and as First Assistant before going to Washington as a senior advisor to Reno and as a Deputy U.S. Attorney General.  Fishman is a partner at Friedman, Kaplan, Seiler and Adelman, where he specializes in white collar criminal matters.  Fishman has represented several public officials prosecuted by Christie, and is currently an attorney for former CWA Local 1034 President Carla Katz, who is seeking to keep her e-mail correspondence with Governor Jon Corzine private.

Paul Fishman is still expected to become New Jersey's next United States Attorney, but his appointment is taking a while.  It's been ten weeks since U.S. Senators Frank Lautenberg and Robert Menendez wrote the President recommending his nomination, but the White House has not really begun the appointment of federal prosecutors for each state. 

Such delays are typical with a new administration.  It took George W. Bush nearly a year before settling on Christopher Christie as his pick.

Last week, when Acting U.S. Attorney Ralph Marra defended his office after the American Civil Liberties Union released documents on the use of cell phone GPS tracking, some Democratic operatives viewed it as a defense of Christie, Marra's predecessor and a candidate for the Republican nomination for Governor.  But sources close to the state's Democratic U.S. Senators say there has been no discussion about pushing the White House to speed up the appointment process so that Fishman can take office sooner.  And Marra was simply stating that the U.S. Attorney's office in New Jersey had always acted legally and with court approval of its actions, and not in defense of any particular person.

Marra's appointment as Acting U.S. Attorney, which was made by Attorney General Michael Mukasey in December, ends on June 29, unless a new U.S. Attorney is nominated and confirmed before then.  The new Attorney General, Eric Holder, will have the option of keeping Marra or making another 120 day interim appointment.

The massive number of new appointments being processed by the White House has the vetting process a little backed up.  That has caused a delay in President Barack Obama's formal nomination of Paul Fishman as New Jersey's new U.S. Attorney.  Because he has won endorsements from U.S. Senators Frank Lautenberg and Robert Menendez, Fishman has the job.  But Obama won't nominate him until the vetting is done, and he must still compete with other nominees waiting to be confirmed on a busy Senate calendar.  In the meantime, Ralph Marra, Jr. will continue to serve as Acting U.S. Attorney.

Also delayed is the appointment of a new U.S. Marshal to replace Republican James Plousis.  Lautenberg and Menendez have not yet made a recommendation to the White House, and that is where the process begins.  The candidates in that race are the same: Samuel Plumeri, the Director of the Port Authority Police and a former Mercer County Sheriff, and Gov. Jon Corzine's choice; Bergen County Sheriff Leo McGuire, who has the backing of U.S. Rep. Steven Rothman (D-Fair Lawn); and Bergen County Freeholder Director Tomas Padilla, who is also a Hackensack policeman.

The convention wisdom is that Acting U.S. Attorney Ralph Marra, Jr. will end his longtime service with the Department of Justice when Paul Fishman takes over, rather than drop down to another post within the office of the federal prosecutor.  The 55-year-old Marra has spent 23 years on the government payroll as an Assistant U.S. Attorney; he won't be struggling to find law firms willing to offer him a partnership.

Look for First Assistant Michele Brown, who made some news earlier this month when she attended a politically-oriented social gathering at the home of her former boss, Christopher Christie, to end her seventeen-year affiliation with the U.S. Attorney's office.

Fishman has given no indication of his choices for some of the top positions in his office, including First Assistant, Executive Assistant U.S. Attorney, Deputy U.S. Attorney, Counsel to the U.S. Attorney, Criminal Chief, and Assistant U.S. Attorneys in charge of the Trenton and Camden offices.  During his eleven years as an Assistant U.S. Attorney, Fishman headed the Criminal and Narcotics divisions, and was First Assistant for four years.

It is realistic to think that Fishman will move career prosecutors up the ladder. Deputy U.S. Attorney William Fitzpatrick; Marc Larkins, the counsel to the U.S. Attorney; Charles McKenna, the Chief of the Criminal Division; and James Lynch, a former Acting Camden County Prosecutor who now heads the U.S. Attorney's Camden office.

Eight years ago, the last time the two United States Senators from New Jersey signed off on a candidate for U.S. Attorney, the appointment of a First Assistant U.S. Attorney was part of the deal.  That was when the new Republican President, George W. Bush, wanted to name Christopher Christie as the new federal prosecutor.  Because Christie had no criminal law or prosecutorial experience, Democratic Senators Robert Torricelli and Jon Corzine only agree to sign off on his appointment if they had input into the selection of Christie's number two.

Former Assistant U.S. Attorney Walter Timpone was widely expected to get the First Assistant post; he was the one Torricelli and Corzine (mostly Torricelli; Corzine was a freshman) had been pushing.  He also became Christie's choice, and the new U.S. Attorney went to Washington to lobby on his behalf.  But Timpone's chances faded after FBI surveillance revealed that while acting as the defense attorney for former Hudson County Executive Robert Janiszewski, who had allegedly been recruited by federal prosecutors to be a witness against Torricelli, was visiting Torricelli at his home.  There was a feeling that Timpone had tipped off the senior Senator, and while he avoided prosecution for tampering, his prospects of becoming First Assistant were over. 

Acting U.S. Attorney Ralph Marra, Jr. will remain in office until June 29, unless Paul Fishman is nominated and confirmed before then.

Now that Paul Fishman has been recommended for U.S. Attorney by New Jersey's two Democratic U.S. Senators, the next step will be a formal nomination by the President.  By tradition, the White House accepts the name suggested by the Senators, especially when they are from the President's party and that both Senators have the same choice.  That makes Fishman all but certain to get the job.

Barack Obama, in office for 24 days and devoting nearly all his efforts to the passage of his economic stimulus package, has not yet nominated any U.S. Attorneys.  But New Jersey insiders suggest that Fishman might get fast tracked, especially since his likely predecessor, Christopher Christie, is seeking the Republican nomination for Governor. 

Paul Fishman is expected to become the next U.S. Attorney after receiving the support of U.S. Sens. Frank Lautenberg and Bob Menendez.

Paul Fishman is likely to become New Jersey's next United States Attorney after receiving the endorsements of New Jersey's two U.S. Senators today.

In a joint letter to President Obama, Frank R. Lautenberg (D-Cliffside Park) and Robert Menendez (D-Hoboken) are recommending the appointment of Fishman, a former federal prosecutor and Justice Department official.  

The post has been vacant since Republican Christopher J. Christie resigned on December 1.  Ralph Marra, Jr. is now the Acting U.S. Attorney.

"With so many critical issues facing our state, Paul Fishman will be a terrific U.S. Attorney.  He has the knowledge, expertise and judgment to protect the people of New Jersey in the years ahead," said Lautenberg, who has been advocating Fishman's appointment since last fall.

Menendez said that "New Jersey families deserve a U.S. Attorney who makes protecting them from economic crimes, the spreading gang activity, as well as gun and drug trafficking a priority of the office."

"I am confident that Paul Fishman will work with integrity and effectiveness to do just that," Menendez said.

Lautenberg pushed hard for Fishman to get the U.S. Attorney post when Faith Hochberg was nominated to a federal judgeship in 1999.  But Fishman got in the middle of a rather extraordinary public feud between Lautenberg and U.S. Senator Robert Torricelli.  The Clinton administration sided with Torricelli, and when Hochberg resigned to take her seat on the bench (after a lengthy delay in the confirmation process), Attorney General Janet Reno elevated Torricelli's preferred choice, First Assistant U.S. Attorney Robert Cleary, as New Jersey's interim federal prosecutor.  

The 52-year-old Fishman, a Princeton University graduate and editor of the Harvard Law Review, worked in the U.S. Attorney's office as Chief of the Criminal Division and as First Assistant before going to Washington as a senior advisor to Reno and as a Deputy U.S. Attorney General.  Fishman is a partner at Friedman, Kaplan, Seiler and Adelman, where he specializes in white collar criminal matters.  Fishman has represented several public officials prosecuted by Christie, and is currently an attorney for former CWA Local 1034 President Carla Katz, who is seeking to keep her e-mail correspondence with Governor Jon Corzine private.

U.S. Sen. Frank Lautenberg is trying to help Paul Fishman become the next U.S. Attorney from New Jersey.

Paul Fishman was fairy close to becoming New Jersey's U.S. Attorney in 1999, and as Democrats prepare for their first opportunity to fill the post since then, there is increasing speculation that 2009 may be his year. 

U.S. Senator Frank Lautenberg pushed hard for Fishman to get the U.S. Attorney post when Faith Hochberg was nominated to a federal judgeship in 1999.  But Fishman got in the middle of a rather extraordinary public feud between Lautenberg and U.S. Senator Robert Torricelli.  The Clinton administration sided with Torricelli, and when Hochberg resigned to take her seat on the bench (after a lengthy delay in the confirmation process), Attorney General Janet Reno elevated Torricelli's preferred choice, First Assistant U.S. Attorney Robert Cleary, as New Jersey's interim federal prosecutor.  Cleary served until George W. Bush's nominee, Christopher Christie, took office in January 2002.

PolitickerNJ.com reported last October that Fishman would be Lautenberg's top choice if Barack Obama won the presidency.  With other potential contenders asking not to be considered, including attorney Joseph Hayden and Attorney General Anne Milgram, Fishman has moved to the top of the list in a campaign that essentially needs just two votes: Lautenberg and U.S. Senator Robert Menendez. 

Getty Images Photo

Attorney General Anne Milgram, who may have helped save Gov. Jon Corzine's political career, with then-U.S. Attorney Christopher Christie, who may be the Republican nominee for Governor this fall.

One of the winners of the week has got to be Attorney General Anne Milgram, who took a risk and personally argued Gov. Jon Corzine's case against the release of his personal e-mails before a panel of appellate court judges and won.  Overturning a Superior Court Judge's ruling that Corzine should make e-mail correspondence with former girlfriend/union leader Carla Katz public could play a pivotal role in the Governor's bid for a second term.