c/o Alexander H. Southwell, Esq. Gibson, Dunn & Crutcher ... -- 2014.08.25 Schar to Southwell.pdfanticipated press inquiries, (2) the press inquiries themselves, and (3) clippings

353 NORTH CLARK STREET CHICAGO ILLINOIS 60654-3456 J E N N E R S t B L O C K LLP

Reid J. Schar August 25, 2014 T e | 3-12 923-2629

Fax 312 923-2729

VIA EMAIL [email protected]

Office of the Governor c/o Alexander H. Southwell, Esq. Gibson, Dunn & Crutcher LLP 200 Park Avenue New York, NY 10166-0193

Re: New Jersey Legislative Select Committee on Investigation

Dear Mr. Southwell:

The New Jersey Legislative Select Committee on Investigation (the "Committee") has reviewed all documents produced by the Office of the Governor ("OOG") in response to the Committee's June 13, 2014 subpoena (the "Subpoena"). In your August 1, 2014 cover letter to the most recent production, you indicated that you "anticipate that this will complete our production of documents responsive to the Committee's June 13 subpoena." However, we note that there continue to be significant gaps in what has been produced, including a failure to produce responsive materials known to exist. We therefore ask that you review and address our concerns and questions as more fully detailed below.

To the extent any documents responsive to the Subpoena are being withheld on account of an asserted privilege or other protection, we expect that this will be fully detailed in the updated privilege and redaction logs that we requested from OOG in our August 12, 2014 letter to you. As stated therein, such updated logs should indicate the type of document withheld, the date of its creation, its author, all recipients, its subject matter, and the nature of the privilege or other protection asserted to justify withholding.

(a) Wildstein Resignation

The Subpoena calls for all documents concerning "the resignation, termination, or separation" of David Wildstein from his previous employment at the Port Authority of New York and New Jersey (the "Port Authority"). In this regard, we know that Governor Chris Christie, using a personal Yahoo! email address, communicated with press secretary Michael Drewniak about Wildstein's resignation on December 6, 2013. We also know that Gov. Christie emailed political advisor Michael DuHaime about Wildstein's resignation on or about that same day. However, to

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date, we have received no documents from Gov. Christie's personal account reflecting these communications.

In our letter to you dated May 5, 2014, we specifically noted Gov. Christie's correspondence with Mr. Drewniak as an example of OOG's failure to fully comply with the Committee's previous subpoenas. In your May 23, 2014 reply, you took a narrow view of the prior subpoenas and asserted that communications related to Mr. Wildstein's resignation did not concern the September 2013 closure of the George Washington Bridge access lanes for Fort Lee, N.J., and were, therefore, non-responsive. Without conceding the validity of your view of responsiveness, the Committee's June 13 Subpoena was specifically intended to address your comments and to make plain that documents concerning Mr. Wildstein's resignation were expected to be produced.

Given this history, the Committee is surprised to see that OOG has still not produced from Gov. Christie's accounts the communications he is known to have had related to Mr. Wildstein's December 6, 2013 resignation. Therefore, please indicate whether these messages have been lost or deleted or, if they have been withheld on the basis of an asserted privilege or other protection, please so indicate in your updated privilege log.

Further, we note that documents concerning Mr. Wildstein's resignation produced from custodians other the Gov. Christie generally consist of (1) internal discussions responding to anticipated press inquiries, (2) the press inquiries themselves, and (3) clippings of the subsequent press accounts. The productions are devoid of any substantive communications within OOG or between OOG and the Port Authority or others concerning whether to seek Mr. Wildstein's resignation, the reasons for doing so, and the timing for doing so. Therefore, please produce such documents, indicate in your updated privilege log whether additional documents related to Mr. Wildstein's resignation have been withheld on the basis of an asserted privilege or other protection, or, if no such documents exist, so indicate.

(b) Resignation of William Baroni

The Subpoena calls for all documents concerning the resignation of William Baroni on or about December 13, 2014. As with documents related to Mr. Wildstein's resignation, the produced documents related to Mr. Baroni's resignation generally consist of OOG's attempts to address press inquiries. There are no documents reflecting deliberations within OOG or between OOG and the Port Authority or others concerning whether to seek Mr. Baroni's resignation, the reasons for doing so, and the timing for doing so. Therefore, please produce such documents, indicate in your updated privilege log whether additional documents related to Mr. Baroni's resignation have been withheld on the basis of an asserted privilege or other protection, or, if no such documents exist, so indicate.

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(c) Resignation of David Samson

The Subpoena calls for all documents concerning the resignation of David Samson on or about March 28, 2014. As with documents related to Mr. Wildstein and Mr. Baroni's resignations, the documents produced related to Mr. Samson's resignation generally consist of OOG's attempts to address press inquiries. There are no documents reflecting deliberations within OOG or between OOG and the Port Authority or others concerning whether to seek Mr. Samson's resignation, the reasons for doing so, and the timing for doing so. Therefore, please produce such documents, indicate in your updated privilege log whether additional documents related to Mr. Samson's resignation have been withheld on the basis of an asserted privilege or other protection, or, if no such documents exist, so indicate.

(d) Wall Street Journal Story re: Communications between Govs. Christie and Cuomo

The Subpoena calls for documents and other communications concerning a story published on or about December 12, 2013, in the Wall Street Journal regarding a purported conversation between Gov. Christie and Gov. Andrew Cuomo of New York. In Gibson Dunn's memorandum of your interviews with OOG chief of staff Kevin O'Dowd, your firm notes several texts sent or received between O'Dowd, OOG deputy chief counsel Paul Matey, and Cuomo aide Howard Glaser. See O'Dowd Interview Memorandum at 14, n.B (undated). These text messages do not appear to have been produced. Please produce these documents or indicate in your updated privilege log whether these messages have been withheld on the basis of an asserted privilege or other protection. Furthermore, please also indicate whether other documents responsive to this request have likewise been withheld and the basis for doing so.

(e) Drewniak Documents with Handwritten Annotations

The Committee acknowledges that OOG's response to this request appears to be complete.

(f) O'Dowd Text Messages

The Subpoena calls for all text messages sent between or among Mr. O'Dowd, Bridget Anne Kelly, or William Stepien that were discussed with O'Dowd during his interviews with Gibson Dunn. The O'Dowd Interview Memorandum refers to a text sent by Ms. Kelly to Mr. O'Dowd during Gov. Christie's December 13, 2013 press conference. However, it does not appear a copy of that text message has been produced. Please produce the document or indicate in your updated privilege log whether this message has been withheld on the basis of an asserted privilege or other protection and whether additional materials responsive to this request have also been withheld.

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(g) "Top 100 Towns"

The Subpoena requests all versions of any "Top 100 Towns" list, "T-100 Towns" list, "T-117 Towns" list, or other similar list containing reference to Fort Lee, N.J., or Mayor Mark Sokolich. In the cover letter to your June 27, 2014 production you assert that this request is "overbroad" and "beyond the scope of the Committee's investigation." You then indicate that every iteration of "T-IOO'-type lists" contains the Borough of Fort Lee, N.J. Nevertheless, you have declined to produce any of these lists. The Committee does not accept your objection that the request is overbroad or beyond the Committee's mandate. Given that these documents are clearly within your possession and that you have, in fact, already reviewed various iterations of these lists, the Committee renews its request that you produce these lists expeditiously.

Your June 27, 2014 letter also states that, as of that date, you had not identified any documents "discussing the creation of such lists or any criteria or considerations for including or excluding Fort Lee or [Mayor] Sokolich on or from such lists." Please confirm that this statement remains accurate. If, in the interim, you have identified such documents, please indicate why they have not been produced.

Please do not hesitate to contact me to discuss these requests.

Respectfully,

JJ/AsK. Reid J. Schar Special Counsel to the Select Committee on Investigation