Federal Judge Okays Subpoena for Christie Bridgegate Texts, Emails

Gov. Chris Christie's legal strategy of keeping key Bridgegate texts and emails from public view may have come to an end.  

A Newark, NJ federal judge Friday green-lighted a defense subpoena for Christie's cell phone records, as well as emails exchanged between top Christie aides the week of the politically-motivated lane closures on the George Washington Bridge. 

"I'm satisfied this is not a fishing expedition," Judge Susan Wigenton said at a pretrial legal hearing in the case. "There is potentially relevant information." Federal prosecutors also gave their blessing to the defense subpoena.

Though Christie's legal team, led by Randy Mastro, could challenge the request, Judge Wigenton, in a blistering brief, has already indicated her frustration with Mastro and his law firm, Gibson Dunn & Crutcher. "The taxpayers of the State of New Jersey paid GDC millions of dollars to conduct a transparent and thorough investigation," Judge Wigenton wrote in a previous ruling challenge Mastro's policy of keeping no notes during his Bridgegate investigation. "What they got instead was opacity and gamesmanship. They deserve better.”

Wigenton's patience may be further tested by recent disclosures that Gibson Dunn, who were paid over $8 million in taxpayer funds to investigate and represent the governor's office, were Christie's largest campaign contributors in the fourth quarter of 2015. As Matt Katz recently reported, the firm gave Christie's campaign $67,700, including Mastro and two other lawyers who were involved personally in interviewing and preparing the governor. They each gave $2,700.  

Mastro remained optimistic, despite Friday's developments:

"There is nothing more to be provided by our firm or the Governor’s office relating to the GWB lane realignment, beyond the many documents previously produced to the U.S. Attorney’s Office pursuant to a federal grand jury subpoena, which criminal defense counsel presumably already obtained from that office," Mastro said in a statement.

But the judge indicated that even records not entirely limited to the bridge might be relevant.

Both of Christie's former top aides, former Deputy Chief of Staff Bridget Ann Kelly and former Port Authority Deputy Executive Director Bill Baroni, were present in court Friday, though neither spoke to reporters. Kelly's lawyer, Michael Critchley Jr., said of Gibson Dunn: "They are essentially telling the government and the defense to trust us and we frankly don't believe they are entitled to that trust."

Critchley said he believed the emails and texts, which appear on a list of records that Gibson Dunn withheld, would shed light on the case. For example, there are emails listed on the log that was sent the week in 2013 that the lanes were closed between the governor's spokesman and David Wildstein, who has plead guilty to charges related to the scheme.

"Given the individuals listed in the log, as well as the time period, these are highly critical time periods in terms of the significant people."

In separate developments today, Judge Wigenton indicated that a change of venue in the case is unlikely. And she raised concerns about whether the trial could actually begin on May 16, given the necessity of picking an impartial jury. Both prosecutors and defense indicated the trial would take about six weeks.