The scandals swirling around Chris Christie aren't going away anytime soon
In a new episode of Political Wire's podcast, we spoke to legal analyst Jeffrey Toobin about the legal implications of scandals plaguing New Jersey Gov. Chris Christie (R), particularly the ongoing investigations into his administration's closure of lanes on the George Washington Bridge. Toobin recently penned a column for the New Yorker on how Christie has a long road ahead in Bridgegate.
Here are five takeaways:
1. The bridge scandal is not as bad as Watergate and Iran-Contra: In terms of how the scandal's legal and political fallout is proceeding, Bridgegate does bear some resemblance to past scandals such as Watergate, Whitewater, and the Iran-Contra affair; for Bridgegate has also prompted both legislative and federal investigations. But in other senses, Bridgegate is no Watergate, Toobin said: "I certainly believe that in the magnitude and importance of the scandal, it is not there and it will probably never be there."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
2. The mere existence of a criminal investigation doesn't mean any crimes were committed: Political observers may be quick to speculate wildly about the implications of a federal grand jury probe into Bridgegate. But the closure of lanes, though perhaps troubling both politically and ethically, isn't necessarily criminal. That doesn't mean the scandal isn't worth looking into, Toobin said, "but for all the people who are hyperventilating about this, I'm not clear at all that a crime took place." If the federal investigation doesn't lead to charges, none of the information it collected will become public.
Another thing is worth noting, Toobin said: Prosecutors can grant immunity to persuade reluctant witnesses or suspects into cooperating, whereas legislative investigators lack that power. If the federal probe yields no charges, the legislative investigators and the public may never hear some crucial insights into what actually happened in Bridgegate.
3. Tensions could emerge between the legislative and federal investigations: Lawmakers may release information from their probe to the public regularly, or aides may leak some of it. But ultimately the stakes are far higher in the federal investigation, given the potential for criminal charges. And as a result, criminal probes tend to go far slower as investigators try to assemble all their information first. So far no clear conflicts have emerged between the investigations. But the faster pace of the legislative probe and the prospect of leaks from it have the potential to create headaches for federal investigators as a result, Toobin said.
4. No matter what Christie aides' lawyers may say, the Fourth Amendment probably doesn't apply here: A couple of high-profile Christie aides might not only take the Fifth Amendment, which lets people protect themselves from self-incrimination. Their lawyers also have called for lawmakers to withdraw document subpoenas on the basis of the Fourth Amendment, which the lawyers claim provides a constitutional privacy right that extends to overly broad document subpoenas. It's unlikely that the Fourth Amendment protects them here, Toobin said: "I don't think any courts have bought that theory. This is about taking the Fifth. And I think that's just some posturing by their lawyers."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
5. Media scrutiny of Christie may bring conservative Republicans to his side, but overall the scandal is still bad for him: Buried in an NBC/Wall Street Journal poll that otherwise had bad news for Christie was a finding that support for him among core Republicans had actually increased. Staunch conservatives have tended to view Christie as not conservative enough. But some of them may have warmed to him in light of a common enemy, a mainstream media that these conservatives view as being overly hostile to a fellow Republican. Said Toobin: "It's quite obvious what happened there: 'The enemy of my enemy is my friend.'" Somewhat ironically, then, the media coverage of the scandal could help Christie politically in the short term, should he seek the GOP presidential nomination in 2016. As for the bigger picture: "I don't think anybody is kidding themselves that this is somehow going to help him," Toobin said.
Listen to the whole thing here:
Subscribe to the podcast via iTunes or RSS to get episodes automatically downloaded.
Create an account with the same email registered to your subscription to unlock access.
Taegan D. Goddard is the founder of Political Wire, one of the earliest and most influential political websites. He also runs Wonk Wire and the Political Dictionary. Goddard spent more than a decade as managing director and COO of a prominent investment firm in New York City. Previously, he was a policy adviser to a U.S. senator and governor. Goddard is also co-author of You Won — Now What? (Scribner, 1998), a political management book hailed by prominent journalists and politicians from both parties. Goddard's essays on politics and public policy have appeared in dozens of newspapers across the country, including The Washington Post, USA Today, Boston Globe, San Francisco Chronicle, Chicago Tribune, Philadelphia Inquirer, and Christian Science Monitor. Goddard earned degrees from Vassar College and Harvard University. He lives in New York with his wife and three sons.
-
'Make legal immigration a more plausible option'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
LA-to-Las Vegas high-speed rail line breaks ground
Speed Read The railway will be ready as soon as 2028
By Peter Weber, The Week US Published
-
Israel's military intelligence chief resigns
Speed Read Maj. Gen. Aharon Haliva is the first leader to quit for failing to prevent the Hamas attack in October
By Justin Klawans, The Week US Published
-
Arizona court reinstates 1864 abortion ban
Speed Read The law makes all abortions illegal in the state except to save the mother's life
By Rafi Schwartz, The Week US Published
-
Trump, billions richer, is selling Bibles
Speed Read The former president is hawking a $60 "God Bless the USA Bible"
By Peter Weber, The Week US Published
-
The debate about Biden's age and mental fitness
In Depth Some critics argue Biden is too old to run again. Does the argument have merit?
By Grayson Quay Published
-
How would a second Trump presidency affect Britain?
Today's Big Question Re-election of Republican frontrunner could threaten UK security, warns former head of secret service
By Harriet Marsden, The Week UK Published
-
'Rwanda plan is less a deterrent and more a bluff'
Instant Opinion Opinion, comment and editorials of the day
By The Week UK Published
-
Henry Kissinger dies aged 100: a complicated legacy?
Talking Point Top US diplomat and Nobel Peace Prize winner remembered as both foreign policy genius and war criminal
By Harriet Marsden, The Week UK Last updated
-
Trump’s rhetoric: a shift to 'straight-up Nazi talk'
Why everyone's talking about Would-be president's sinister language is backed by an incendiary policy agenda, say commentators
By The Week UK Published
-
More covfefe: is the world ready for a second Donald Trump presidency?
Today's Big Question Republican's re-election would be a 'nightmare' scenario for Europe, Ukraine and the West
By Sorcha Bradley, The Week UK Published