Judge Okays Release of Bridgegate Conspirator List After 'John Doe' Moves to Block It; Doe Appeals
UPDATED: A judge has upheld the Tuesday release of the names of the Bridgegate unindicted co-conspirators list, but one of the conspirators, calling himself "John Doe" is appealing her ruling.
Prosecutors were supposed to release the names of public employees and officials who abetted the plot to shut down lanes of the George Washington Bridge on Friday.
But the release was delayed until Tuesday after an unknown individual, filing as "John Doe," intervened at the eleventh hour. Saying the release of the man's name "brands him as a criminal without due process of law," his lawyer, Jenny Kramer of the prominent Manhattan law firm Chadbourne & Parke, asked the judge to keep the names secret.
But Judge Susan Wigenton said she "does not take the identification of unindicted co-conspirators lightly." She added that she had "thoroughly considered [Doe's] privacy interests in determining the Conspirator Letter should be made public."
Prosecutors believe the co-conspirators worked in tandem with two co-defendants and David Wildstein, who has already pleaded guilty to federal crimes for the lane closures, which he said were designed to punish a political foe of New Jersey Gov. Chris Christie.
However, prosecutors specifically concluded they didn't believe they could prove guilt beyond a reasonable doubt for the people on the list, though they do believe there is sufficient evidence to indicate they joined the conspiracy.
The "John Doe" initial brief came late Thursday, just hours before the scheduled release of the conspirators list. The legal tussle over the list has been going on since January, when WNYC and a group of media organizations learned of the list and went to court to make it public.
John Doe's lawyer, Jenny Kramer, has not shown up on legal bills paid by New Jersey government or the Port Authority in the Bridgegate case. She worked as an assistant U.S. Attorney for Chris Christie, as did many current and former members of his administration, including former chief of staff Kevin O'Dowd, former counsel Charles McKenna and former spokesman Michael Drewniak.
The conspirators list is separate from a second list, the existence of which became public this week. The second list names individuals who knew about the plot, but did nothing to further it or expose it. That list is presumed to be larger and could include senior officials around Christie or even the governor himself.
Wildstein's lawyer, Alan Zegas, has averred "evidence exists" that Christie knew of the lane closures while they were occurring.
The identity of John Doe remained a mystery Friday, as lawyers for the media group and for Doe filed an escalating series of briefs.
Filing for the media, attorney Bruce Rosen called Doe's motion "frivolous and desperate," coming as it did well after the conspirators list first emerged in public view back in November. Rosen cited law that "the public has a critical interest in monitoring the operations of its government."
But Doe's lawyer, Jenny Kramer, retorted: "Conspiracy is a crime. The Media's suggestion that one who appears on a list of criminals is not branded a criminal...is ludicrous."
Kramer has appealed to the Third Circuit. Meanwhile the release is still set for Tuesday.