Attorney General Matt Platkin just went rogue, announcing that he can’t in good conscience support Gov. Phil Murphy’s legal position defending the infamous “line” that gives the Democratic machines in New Jersey such corrupting power.
This is huge moment in Jersey politics. If the lawsuit against the line succeeds, then First Lady Tammy Murphy’s campaign for Senate is doomed, and Rep. Andy Kim will almost certainly be our next U.S. Senator. We know that because every time a county organization plays fair, Kim crushes Murphy. The latest case was Morris County, where Kim got 85 percent of the vote. Democratic voters clearly prefer him.
Kim, a three-term member of Congress, is a million times more qualified, has a long history of impressive public service, and a compelling personal story that Murphy can’t match. He gets standing ovations, over and over, she gets polite applause. She’s a lifelong Republican who switched only in 2014, and the “line” is her only hope.
Gov. Phil Murphy is not pleased with Platkin, needless to say. That’s because its extremely rare for an attorney general to refuse to defend a state law, in this case the one that allows county bosses to favor the governor’s wife with preferential ballot placement.
“It is well-established that Attorneys General have a general obligation to defend the constitutionality of statutes, regardless of their own personal views,” spokesperson Mahen Gunaratna said. “The Governor believes that a legal defense of the statute permitting [the county line] would have been appropriate and consistent with the actions of prior Attorneys General.”
Note the wording. It is indeed a “general obligation” of the attorney general to defend state laws, but it’s not mandatory. The drafters of our state Constitution carved out an independent role for the attorney general, and Platkin is using it.
And yes, this is an exceptional case. I’m sitting in federal court in Trenton watching it about to start. Yael Bromberg, the lead attorney for plaintiffs seeking to knock down the line, is asking a federal judge to issue a temporary injunction that would take effect almost immediately, in time for county clerks to redesign their ballots in advance of the June 4 primary. Not surprisingly, she believes Platkin just came up large.
“He did the right thing,” Bromberg said minutes before the hearing started. “He acknowledged that this is an exceptional case.”
Even if this case fails, the county line has to go, as a growing number of Democratic leaders are starting to admit. If the courts won’t do that, then the Legislature must. Because the current system is indefensible.
Tammy Murphy’s campaign puts the problem in sharp relief. She’s winning only in those counties where the chairs tilt the board shamelessly in her favor. And those same chairs have profound conflicts of interest that corrupt the process.
Camden just went for Murphy, after refusing to let Kim even speak to delegates. That’s the fief of George Norcross, whose personal business has received giant state tax breaks, and who chairs the board of a hospital that receives generous state aid. Middlesex just went for Murphy, too, thanks to Chairman Kevin McCabe, a lobbyist with business before the governor. Essex supports Murphy, too, thanks to Chairman LeRoy Jones, also a state lobbyist. And Bergen went for Murphy, thanks to Chairman Paul Juliano, who was appointed to his $280,000 job by the governor.
This is all legal. Which makes New Jersey special, and tells you why the law must be changed, starting with killing the line, and followed by strong rules on conflicts of interest.
At the start of Monday’s hearing, federal Judge Zahid Quraishi noted that Platkin is not a party to this case, and called the letter he received from the AG “lobbying from cheap seats.” Angelo Genova, the lead attorney for the defense, called it “offensive.” Both sides will present briefs by Friday on whether the letter should be considered.
Still, three cheers for Platkin. By refusing to go along with this, he is strengthening our democracy. Add this to his takeover of the corrupt and brutal Paterson police department and his expansion of Arrive Together -- the program that pairs mental health professionals with police for crisis intervention -- and this AG is building quite a legacy.
Former Rep. Tom Malinowski, who has endorsed Kim, praised Platkin for showing the moxie to go rogue on the court case. “However you feel about this issue, Matt Platkin deserved huge credit for the independence and integrity he is showing here,” he wrote.
Agreed. So, in closing, let me apologize for calling Platkin a “loyalist” of the governor when he was nominated as attorney general. I was beyond wrong. Platkin is showing us something. And he couldn’t have picked a better place to plant his flag.
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Tom Moran may be reached at tmoran@starledger.com or call (973) 836-4909. Follow him on
