Did Michele Brown Quit Over FOIAs Naming Her Personally?

The Corzine campaign is ratcheting up the pressure on the US Attorney’s office to release a number of FOIAed documents. They’re calling on Christie to support full disclosure before the election.

But there’s a detail of their press release I find mighty interesting. The Corzine campaign FOIAed two items relating to Michele Brown just six days before she resigned, on August 19. They FOIAed:

  • Any written communications, emails, or any other records of communications since December 2001 between former U.S. Attorney Christopher J. Christie and Michele Brown that address or refer to the personal finances of either party, including, but not limited to, any loan or mortgage provided by Mr. Christie to Ms. Brown.
  • A complete history of all promotions and salaries since FY 2000 by Michele Brown, who is currently the First Assistant United States Attorney for the District of New Jersey.

DOJ refused both of those requests–though the Corzine campaign is appealing that decision.

The timing of these FOIAs adds a fascinating wrinkle to the NYT report from a few weeks ago. As the NYT reported, at almost precisely this time, DOJ told Ralph Marra to take Brown off of the FOIA response. And after DOJ insisted Brown be removed from the FOIA process, she quit.

In March, when Gov. Jon S. Corzine’s campaign requested public records about Mr. Christie’s tenure as prosecutor, Ms. Brown interceded to oversee the responses to the inquiries, taking over for the staff member who normally oversaw Freedom of Information Act requests, according to federal law enforcement officials in Newark and Washington. The requested information included records about Mr. Christie’s travel and expenses, along with Ms. Brown’s travel records.

[snip]

News of Mr. Christie’s loan to Ms. Brown broke in August, dealing a blow to his candidacy, and he apologized for failing to report it on his tax returns and ethics filings.

Less than two weeks later, Justice Department officials told Mr. Christie’s interim replacement, Ralph Marra, to remove Ms. Brown from acting as coordinator of the Freedom of Information Act requests about Mr. Christie’s tenure because of the obvious conflict of interest, according to a federal law enforcement official briefed on the communications. Ms. Brown resigned from the prosecutor’s office the same day, the official said.

[snip]

In August, Mr. Marra defended the office’s handling of the Freedom of Information requests and denied that Ms. Brown oversaw the process, saying she only supplied records relating to herself.

Now, as today’s press release reveals, Brown may have been trying to protect more than records of the travel scam she and Christie had going, whereby she approved of Christie’s excessive travel costs and he, in turn, approved of hers. In fact, she may have been trying to hide the financial terms of her relationship with Christie–both the mortgage that has been reported, but also bonuses and salary.

Indeed, quitting may have contributed to DOJ’s refusal of the Corzine FOIA (I’m checking with the campaign to find out what exemption DOJ claimed for these). After all, an on-going financial relationship with the First AUSA in an office alleged of improprieties is one thing, but it’s an entirely different thing as soon as that FAUSA severs her relationship with the office.

So it may be that Brown quit in an attempt to make it easier to refuse this FOIA. That sort of adds a new twist to Brown’s explanation for quitting that “I don’t want to become a distraction.”

Update: Here’s DOJ’s denial, which was received on August 20. They explain,

You have requested records concerning a third party (or third parties). Records pertaining to a third party generally cannot be released absent express authorization and consent of the third party, proof that the subject of your request is deceased, or a clear demonstration that the public interest in disclosure outweighs the personal privacy interest and that significant public benefit would result from the disclosure of the request records. Since you have not furnished a release, death certificate, or public justification for release, the release of records concerning a third party would result in an unwarranted invasion of personal privacy and would be in violation of the Privacy Act, 5 USC 552a. These records are also generally exempt from disclosure pursuant to secions (b)(6) and (b)(7)(C) of the Freedom of Information Act, 5 USC 552.

So, uh, I’m guessing that Brown is literally preventing this information from coming out.

But then there’s the invocation of the FOIA exemptions, b6 and b7C. Exemption b6 is totally expected–a claim that releasing this information would constitute an unwarranted invasion of Brown’s personal privacy. I think you can argue the point, but regardless, I’m not surprised. I am surprised by exemption b7C, protecting personal information in law enforcement records. That is normally used–if I understand FOIA properly–to protect things like names, social security numbers, and phone numbers of those in records pertaining to an investigation. Not personal information in personnel records of law enforcement personnel.

Unless DOJ is honestly arguing that this has become a matter of investigation…

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37 replies
  1. MadDog says:

    Despite Blago’s almost comical antics, Illinois has nothing on corruption compared to New Jersey.

    Christie has more sweethearts than a candy store.

  2. radiofreewill says:

    I’d say the Corzine Campaign already knows they’ve harpooned the Whale with the explosive-tipped Brown.

    Now, they’re just letting him run – with her stuck in him – until he gets too tired to fight back.

      • scribe says:

        No.

        In Greco-Roman mythology, the Harpies were half-woman, half-bird flying things. IIRC my junior high Latin, they were sent by the gods to harass and make painful the life of, IIRC, Prometheus (bound to a rock so he couldn’t run) by (a) tearing at his liver with their beaks and (worse)(b) their shrieking cries, a combination of irate womens’ screams and bird shrieks.

        Thus, if one really, really wants to get in trouble with the female sex, using the term “harpy” as a descriptor is a good place to start.

        A couple of us took to calling our 8th grade English teacher a harpoy, which was good for a trip to the principal’s office.

  3. MadDog says:

    Like you EW, I’d like to hear just what FOIA exemptions got abused used to deny these 2 Corzine campaign FOIA requests.

    Any bets that they’re Attorney-Client privilege exemptions? LOL!

  4. earlofhuntingdon says:

    Criminal or unethical behavior by government attorneys charged with enforcing the law without fear or favor is not a distraction, as you make clear. It’s the meat and potatoes, the Mozilla of browsing, the daily work of reporters on the government beat. That’s because it’s the engine oil without which greater public corruption cannot operate.

    Exhibit One would be the CheneyBush administration’s evisceration of the Justice Department. Far from being the M.A.S.H. surgeon replacing those innards in their rightful order, Mr. Obama is making pleasant seeming noises, while Rahm is calling up organ vendors to see whether current prices make it more advantageous to fix the patient or sell him as is.

  5. bmaz says:

    Heh heh, was just going to suggest it was time for another Christie thread. And here one is. I think the Stern bit that MD and I were discussing in comments at the end of the last thread fits in quite nicely here.

  6. emptywheel says:

    Note the update: DOJ is arguing that Michelle Brown is a third party (maybe Corzine just needs a list and details on ALL the mortgages he offered his employees–he did say he had given loans before). And that this is exempt for exemptions 6 and 7c–the latter of which is pretty bogus.

    • earlofhuntingdon says:

      Is it not her status, like Christie’s, as a government employee for the period about which records are sought that’s relevant?

      • emptywheel says:

        Dunno. I wonder whether DOj works like OPR and OSC–that if the person is no longer an employee, then they’re less interested. Mind you, they rejected this request before Brown quit.

      • Garrett says:

        It there some sort of distinction going on about the request for communications about loans between them, and her general employment information?

        For the second part at least, the idea that Michele Brown is some sort of protected third party on August 20, because she so happens to have resigned on August 19, seems incredible:

        The following information … about most present and former Federal employees, is available to the public

        • emptywheel says:

          She resigned on August 26. Sorry if that’s not clear–I got the denial letter after doing the original post.

          So she obviously didn’t resign just to be former. But your point remains–both should have been available.

  7. Garrett says:

    Or perhaps it really is about the investigation? They have got rules about masking and underdisclosing denials in that case. Maybe it can make a denial look odd or even outrageous.

  8. freepatriot says:

    sounds to me like she quit cuz she was exposed participating in a criminal conspiracy to obstruct justice and violate the laws regarding the freedom of information act

    an surprisingly, your theory and my theory ain’t mutually exclusive*, so …

    (funny how that happens a lot)

    what do the guys in the legal department got to say about this ???

  9. Jim White says:

    What did Corzine know and when did he know it? Note the description of the March FOIA filing:

    The requested information included records about Mr. Christie’s travel and expenses, along with Ms. Brown’s travel records.

    So, although he did not request info on Brown’s salary and the loan until August, he seemed to know enough to request her travel records along with Christie’s back in March. Did someone tip him off that there was an office romance and that there could be some confirmation by aligning the travel schedules?

  10. Mary says:

    @19 – it is smart lawyering from the standpoint of getting the mafioso off the hook cheap, but not what you’d like from a transparency standpoint.

    OTOH, I’ve finally figured out that we aren’t going to have anyone named Montoya in a presser with Obama, blinking at the invocation of “transparency” and saying, “You keep using that word. I do not think it means what you think it means.”

    • bmaz says:

      I didn’t say it was good for transparency, simply that were i them, it is what I would do (actually, I would have punted Horn a long time ago; I always thought he would take money and run).

  11. Mary says:

    Also @19 – since a nifty part of the case was how much the FBI knew about Egyptian torture and the implications of telling Higazy they were going to have his family picked up by Egyptian intel, getting on the record that the FBI knew all about all kinds of Egyptian torture of detainees (as Coleman & Cloony have spelled out anyway) at the time we handed off al libi for his torture to order sessions – yeah, I guess that needs to be a state secret. Wouldn’t do to hurt Egypt’s feelings by talking about what we knew they were doing to people we handed over to them; wouldn’t be diplomatic.

  12. scribe says:

    As to Ms. Brown, it was always my impression (based on nothing more than an intuition) that she didn’t quit, but was pushed, likely by Main Justice.

  13. rosalind says:

    ot: la times reporter interviewed Mohammed Jawad in Kabul:

    He worries about those left behind, his de facto family. He’s out and they’re not, and that’s a source of guilt. Though the Obama administration has said it will close Guantanamo, hundreds of detainees remain there and at Bagram.

    He asks a reporter to tell President Obama, the United Nations, someone, to help them. “People there are sick,” he says. “They should be treated. They should be freed.”

  14. NorskeFlamethrower says:

    AND THE KILLIN’ GOEZ ON AND ON AND…

    Citizen emptywheel and the Firepup Freedom Fighters:

    Am I the only one out here who is worried that the corruption of the US Department of Justice and the USA’s is so deep and so thorough that the existing Obama DOJ doesn’t have the resources to handle it? In addition, the staffing of the executive is bein’ held up far beyond what the fascists did to Clinton in either term, which means that the new administration is forced to pick and choose which festering metastatic mass they are gunna start on. The corruption and hollowing out of the institutions of government is virtually complete and with regard to justice and the federal courts, Obama can’t even begin to investigate what has gone on over the last 8 years without bogging the entire government down in criminal investigations and procedings. And as a result of Rove’s poisoning of the USA office, Obama couldn’t just fire ’em all and start over because then the precedent of the Bush actions gets cemented into history goin’ forward. What a fuckin’ mess!!

    KEEP THE FAITH AND PASS THE AMMUNITION, SOME OF THESE BASTARDS HAFTA GO TA JAIL!!

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