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JOHN S.

W1SNII-WSKI
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LOUIS . OltEENWALD

CHARLES A. M.JONO, JR.

GORDON M. JOHNSON
I>AUl, L> MORIARTY S IMDA S Tl-NDi-R
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Office of IX< is/olnx' Survives


Committee Aide

Valerie vainieri hittib

iiONNIK WATSON COUiMAN MICHAl*l, PATRICK CARROU.


Bl-.TTYLOU DcCROCE
AMY li I1ANDI..1N

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SELECT COMMITTEE ON INVESTIGATION
STATE HOUSE ANNEX
PO BOX 068 TRENTON N.I 08625-0068

(600) (609)292-0561 lux

UOIJ.YT SO-tF.PiSI

January 16, 2014

Mr. William Baroni, Jr.


Attn: Michael B. Himmel

Law Office of Lowenstein Sandler

65 Livingston Avenue Roseland, New Jersey 07068


Dear Mr. Baroni:

Please find attached hereto a subpoena requesting certain documents concerning all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power. The Select Committee on Investigation would accept mail or messenger delivery of the requested records at the following address on or before 5:00
p

February 3, 2014: Charles A. Buono, Jr., Office of Legislative Services, State House Annex, PO Box 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair
.

.,

Procedure. The preferred method of delivery of the requested records is compact disk or DVD or
similar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J.
Schar, Jenner & Block LLP, at (312) 923-2629.

Enclosures

c Members - Select Committee on Investigation


Reid J. Schar, Jenner & Block LLP

Aaron Binder, Assembly Majority Office


Keith Laughlin, Assembly Republican Office Glen Beebe, Assembly Republican Office Charles A. Buono, Jr., Office of Legislative Services

SELECT COMMITTEE ON INVESTIGATION

SUBPOENA

TO

William Baroni, Jr.


Attn: Michael B. Himmel

Law Office of Lowenstein Sandler

65 Livingston Avenue Roseland, New Jersey 07068 WE COMMAND YOU, Laying aside all and singular business and excuses, to produce all books, papers, correspondence, other documents and materials, and electronic
records and data described below, that you have in your possession or have access to relevant

to the Select Committee on Investigation's inquiry and investigation into all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey,

including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government
power or an attempt to conceal an abuse of government power, as more particularly set forth
on the attached Schedule A. These books, papers, correspondence, other documents and

materials, and electronic records and data shall be returned on or before 5:00 p.m., Monday,

February 3, 2014 to:

Charles A. Buono, Jr., Office of Legislative Services, State House

Annex, PO Box 068, Trenton, New Jersey 08625. The Select Committee on Investigation was

constituted as a special committee of the General Assembly pursuant to Assembly Resolution


No. 10 duly passed by the General Assembly of the State of New Jersey on January 16, 2014. Your production of documents is governed by the Code of Fair Procedure and Chapter
13 of Title 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to

you herewith. Failure to comply with this Subpoena shall make you liable for such penalties as are
provided by law.

WITNESS, the hand of The Honorable Jdfin S\ Wi6niwki, Chairman of the Select

Committee on Investigation, on this 16th day ofrJanuary, \(m4.

Wisniewski, Chairman

ommittee on Investigation

SCHEDULE A

(to Subpoena dated January 16, 2014, issued by the Select Committee on Investigation.)
Please deliver the following:
1
.

All communications of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a BBM messages"), any and all "instant messages" or other electronically stored data or information, including, without limitation, any instant messages sent via any web or cellular phone based messaging systems, whether exchanged via use of a personal computational device, including without limitation devices commonly known as 'desktops,, 'laptops', 'smartbooks', 'tablets', smartphones cellular phones or iPads', and exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
" " " '
' '

'

All documents and records of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a "BBM messages"), any and all "instant messages whether sent via a personal computational device or cellular phone via any and all web or cellular phone based messaging systems, any other electronically stored data or information which is currently stored on any and all personal computational devices in your possession, dominion, or control, including, without limitation, devices commonly known as desktops', 'laptops,, 'smartbooks,, 'tablets', 'smartphones', cellular phones or iPads,, exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9 2013 through September 13, 2013.
" ' '

'

'

All documents of any kind whatsoever sufficient to show the date, time, originating and receiving telephone number, originating cell site and sector, and duration for all incoming and outgoing calls for any phone number associated with you in your

personal capacity or in your capacity as an employee of the State of New Jersey, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
4
.

All documents of any kind whatsoever evidencing electronic mail communications sent via any and all personal computational devices in your possession, dominion, or control, including without limitation devices commonly known as desktops,, 'laptops', smartbooks tablets', 'smartphones,, 'cellular phones', or 'iPads', whether used by
' '
' '

you in a business, personal, or any other capacity, relative to any and all

communications between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
5
.

All video and audio recordings, and all voice mails, regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013. All calendars, day planners, notes, and/or diaries from September 1, 2012 to the
present.

All smartphones, tablets, cellular phones, and personal digital or data assistants, or any other similar device used by you at any time from September 1, 2012 to the present, whether used by you in a business, personal, or any other capacity.

Please produce a log of any documents and/or correspondence withheld from production on the basis of any claimed privilege or protection, or withheld or redacted for any reason, and retain such documents and/or correspondence.

Code of Fair Procedure


52:13E-1. Definitions

As used in this act:

(a) "Agency" means any of the following while engaged in an investigation or inquiry: (1) the Governor or any person or persons appointed by him acting pursuant to P L 1941, c. 16, s. 1 (C. 52:15-7), (2) any temporary State commission or duly authorized committee thereof having the power to require testimony or the production of evidence by subpoena, or (3) any legislative committee or commission having the powers set forth
. .

in Revised Statutes 52:13-1.

(b) "Hearing" means any hearing in the course of an investigatory proceeding (other than a preliminary conference or interview at which no testimony is taken under oath) conducted be fore an agency at which testimony or the production of other evidence may be compelled by subpoena or other compulsory process. (c) "Public hearing" means any hearing open to the public, or any hearing, or such part thereof, as to which testimony or other evidence is made available or disseminated to the public by the agency. (d) "Private hearing" means any hearing other than a public hearing.
L
.

1968, c. 376, s. l,eff. Dec. 27, 1968.

52:13E-2. Personal service

No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appear, a copy of this act, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the investigation shall be furnished by the agency upon request therefor by the person
summoned. L 1968,
.

c. 376, s. 2, eff. Dec. 27, 1968.

52:13E-3. Right to counsel; submission of proposed questions A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public hearing may submit proposed

questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may
deem appropriate to its inquiry. L 1968, c. 376, s. 3, eff. Dec. 27, 3968.
.

52:13E-4. Records of public hearings; copies A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such

testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security.
L
.

1968, c. 376, s. 4, eff. Dec. 27, 1968.

52:13E-5. Sworn statement by witness; incorporation in the record A witness who testifies at any hearing shall have the right at the conclusion of his

examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding.
L
.

1968, c. 376, s. 5, eff. Dec. 27, 1968.

52:13E-6. Persons affected by proceedings; appearance or statement of facts Any person whose name is mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by any member of the agency or its counsel at such a hearing tends to defame him or

otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record of the
investigatory proceeding.
L
.

1968, c. 375, s. 6, eff. Dec. 27,1968.

52:13E~7. Rights or privileges granted by agencies Nothing in this act shall be construed to prevent an agency from granting to witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may
determine.
L
.

1968, c. 376, s. 7, eff. Dec. 27, 1968.

52:13E-8. Dissemination of evidence adduced at private hearing Except in the course of subsequent hearing which is open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or

employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview before a committee or other
multimember investigating agency shall be disseminated or made available to the public by any member of the agency, its counsel or employees, except with the approval of a majority of the members of such agency. Any person who violates the provisions of this subdivision shall be adjudged a disorderly person.
L
.

1968, c. 376, s. 8, eff. Dec. 27, 1968.

52:13E-9. Hearing conducted by temporary state commission

No temporary State commission having more than two members shall have the power to take testimony at a public or private hearing unless at least two of its members are present at such hearing. Nothing in this section, however, shall be deemed to prevent the State Commission of Investigation from conducting private hearings, on an investigation previously undertaken by a majority of the members of the commission, with one

commissioner present, when so designated by resolution pursuant to the provisions of


section 12 of P.L.1968, c. 266 (C. 52:9M-12). L 1968 c. 376, s. 9, eff. Dec. 27, 1968. Amended by L.1984, c. 110, s. 5, eff. Aug. 3, 1984.
.

52:13E-10. Right of members to file statement of minority views Nothing in this act shall be construed to affect diminish or impair the right, under any other provision of law, rule or custom, of any member or group of members of a committee or other multimember investigating agency to file a statement or statements of minority views to accompany and be released with or subsequent to the report of the committee or agency. L 1968 c. 376, s. 10, eff. Dec. 27, 1968.
,
.

Chapter 13 of Title 52 of the Revised Statutes


Article 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; legal and clerical
assistance

Any joint committee of the legislature, any standing committee of either house, or any special committee directed by resolution to enter upon any investigation or inquiry, the pursuit of which shall necessitate the attendance of persons or the production of books or papers, shall have power to compel the attendance before it of such persons as witnesses
and the production before it of such books and papers as it may deem necessary, proper and relevant to the matter under investigation. Any such committee shall also have the

power to employ such legal and clerical assistance as it may deem necessary to the proper conduct of the investigation.
52:13-2. Summons for witnesses; execution

If any person upon being summoned in writing by order of any committee mentioned in section 52:13-1 of this title to appear before such committee and testify, fails to obey such summons, the speaker of the house of assembly or the president of the senate may, upon application to him, by warrant under his hand order the sergeant at arms of the house over which he presides to arrest such person and bring him before the committee, and the sergeant at arms shall thereupon execute the warrant to him so directed. 52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusal
to answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or any other law to conduct an investigation or inquiry shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the state. All such witnesses may be sworn by any member of the committee conducting the investigation or inquiry; and all witnesses sworn before any such committee shall answer truly all questions put to them which the committee shall decide to be proper and pertinent to the investigation or inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to any such questions shall be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the witness for perjury in respect to his answers to such questions. Any witness who refuses to answer any questions decided by the committee to be proper and pertinent shall be guilty of a misdemeanor; and any witness who, having been summoned to appear before any such committee, fails to appear in obedience to the summons or, appearing, refuses to be sworn shall be guilty of a misdemeanor.
52:13-4. Expenses of investigations; payment The state treasurer shall, upon the warrant of the state comptroller, pay the fees and mileage of witnesses called, the compensation of legal and clerical assistance employed and the expenses of the sergeant at arms of either house in the execution of warrants

pursuant to section 52:13-2 of this title, when the same shall be certified as correct and necessary by the chairman of the committee under whose authority and by whose order
the same shall have been incurred, but only when the chairman's certificate has received

the approval of the governor.


Article 2. Contempts of Joint Legislative Committees.

52:13-5. What constitutes contempt; report thereof to legislature Whenever, in any investigation or inquiry by any committee constituted by joint resolution of the legislature to enter upon or make such investigation or inquiry, any witness summoned or subpoenaed to appear before such committee to testify or to

produce books, documents, papers or records, shall willfully neglect or refuse to appear
in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce any books, documents, papers or records commanded to be produced by the summons or

subpoena, or shall refuse to be sworn or affirmed, or shall refuse to answer any question put to him which the committee shall decide to be proper and pertinent to such investigation or inquiry, or shall in any other way contemn the authority or privileges of the legislature, and the facts alleged to constitute any such contempt shall have been reported by any such committee to the legislature, the alleged contemner shall be tried,
and the alleged contempt determined, as hereinafter provided.
52:13-6. Joint session to determine alleged contempt; order for arrest; service The senate and general assembly may by concurrent resolution direct that the senate

and general assembly meet in joint session at a time and place therein fixed for the purpose of hearing the evidence and arguments regarding the alleged contempt and may order that a warrant, directed to any sergeant at arms of either house or of the joint session or to any sheriff, police officer, member of the state police, constable or other peace officer, issue in such manner as shall be prescribed in and by the concurrent resolution for the arrest of the alleged contemner and the production of him at the bar of such joint session, there to be heard.
52:13-7. Hearing by joint session

At the time and place fixed as aforesaid, or at any adjournment, the joint session shall sit and summarily hear the evidence and the arguments relating to the alleged contempt. The joint session shall adjourn from time to time until the matter shall have been disposed of and the alleged contemner shall appear and attend at each and every such adjourned session.
52:13-8. Contemner,s rights

Any alleged contemner shall have the right to-be heard before the joint session, to be represented by counsel, to call witnesses in his behalf, and to examine and cross-examine
witnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolution

After the joint session shall have heard the evidence and such arguments as may be made, the senate and the general assembly shall separately convene and shall separately

consider and determine the alleged contempt; and the determination shall be by a concurrent resolution, which may originate in either house.
52:13-10. Sentence; order of commitment

Any person found to be guilty of a contempt of the legislature by a concurrent resolution of the two houses thereof, as hereinbefore provided, may be sentenced to

imprisonment in the state prison or in the common jail of any county for any period not exceeding six months as shall be directed in and by the concurrent resolution determining the contempt, for the execution of which such concurrent resolution may order that a
commitment shall issue, directed to any sheriff, police officer, member of the state police, constable or other peace officer, and to the keeper of the state prison or the keeper of the common jail of any county, which commitment shall be signed by the president of the senate and the speaker of the house of assembly in office at the date of the issue thereof. 52:13-11. Continuing validity of commitment Any commitment issued in accordance with section 52:13-10 of this title shall remain valid and effective until the imprisonment therein set forth shall have been served, notwithstanding the legislature which directed the issue of the commitment may meanwhile have adjourned or ended.
52:13-12. Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended for hearing on
a charge of contempt under a warrant issued by direction of a concurrent resolution as provided in section 52:13-6 of this Title, in such amount and with such surety as the judge shall determine to be reasonable, to appear before the Joint Session of the Legislature, at the time and place fixed by the warrant as well as at any and all adjournments thereof, and to stand to and abide such determination and sentence as may thereafter be found or imposed against the person so apprehended. Such recognizances
shall run in favor of the State of New Jersey and shall be filed by the judge in the office of the Secretary of State. Amended by L.1953, c. 49, p. 853, s. 2.

52:13-13. Powers given additional to other powers The powers given by this article shall be in addition to the powers given by article 1 of this chapter (s. 52:13-1 et seq.).

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STATE OF NEW JERSEY

Select Committee on Investigation


to

William Baroni, Jr.


Attn: Michael B. Himmel

Law Office of Lowenstein Sandler

65 Livingston Avenue Roseland, New Jersey 07068

SUBPOENA

Duces Tecum

Writ Returnable on or before

5:00 p.m., February 3, 2014


to

Select Committee on Investigation


c/o Charles A. Buono, Jr.

Office of Legislative Services


State House Annex
PO Box 068

Trenton, New Jersey 08625

JOMiV S. WISNll-WSKI
Chair

MAKUrlNL- CAKJDE I ';<. (-httif LOUIS !). CiRfiNVVAU)

GORDON, M. .IOMNSON
l>AUL l.>. MORIARTY

LINDA STliNDfill
VALERIE VAIN1EKI HUTTLIi

flON,N.,1-; WATSON COUiMAN MiCHAEl. PATRICK CARROLL Bl,-TTYLOU DcCROCE


AMY H MANDUN

SELECT COMMITTEE ON INVESTIGATION


STATE HOUSE ANNEX
FO BOX 068

HOU.Y T SjCHP.I,iSl

Ms. Maria Cornelia Office of the Governor


PO Box 001

Trenton, New Jersey 08625


Dear Ms. Cornelia:

Please find attached hereto a subpoena requesting certain documents concerning all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power. The Select Committee on Investigation would accept mail or messenger delivery of the requested records at the following address on or before 5:00 p m February 3, 2014: Charles A. Buono, Jr., Office of Legislative Services, State House Annex, PO Box 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair Procedure. The preferred method of delivery of the requested records is compact disk or DVD or
. .,

similar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J.
Schar, Jenner & Block LLP, at (312) 923-2629.

TRENOJ08625-

CHARLLSA. BUONO JR.

Office ofLexu/alnv Sun-lea'


Committee Aide

jffitf y&tfinfatntt

(609) S<|7-3840

(609)292-056! fax

January 16, 2014

Very truly yours,

JW/kj
Enclosures

c Members - Select Committee on Investigation Reid J. Schar, Jenner & Block LLP Aaron Binder, Assembly Majority Office Keith Laughlin, Assembly Republican Office Glen Beebe, Assembly Republican Office Charles A. Buono, Jr., Office of Legislative Services

SELECT COMMITTEE ON INVESTIGATION

SUBPOENA

TO

Maria Cornelia Office of the Governor


PO Box 001

Trenton, New Jersey 08625

WE COMMAND YOU, Laying aside all and singular business and excuses, to produce all books, papers, correspondence, other documents and materials, and electronic records and data described below, that you have in your possession or have access to relevant to the Select Committee on Investigation's inquiry and investigation into all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power, as more particularly set forth
011 the attached Schedule A. These books, papers, correspondence, other documents and

materials, and electronic records and data shall be returned on or before 5:00 p.m., Monday, February 3, 2014 to:
Annex
,

Charles A. Buono, Jr., Office of Legislative Services, State House

PO Box 068, Trenton, New Jersey 08625. The Select Committee on Investigation was

constituted as a special committee of the General Assembly pursuant to Assembly Resolution

No. 10 duly passed by the General Assembly of the State of New Jersey on January 16, 2014. Your production of documents is governed by the Code of Fair Procedure and Chapter
13 of Title 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to you herewith. Failure to comply with this Subpoena shall make you liable for such penalties as are
provided by law.

WITNESS, the hand of The HonorableJ ji S.

wski, Chairman of the Select

Committee on Investigation, on this 16th day/5f Janua

niewski, Chairman

ommittee on Investigation

SCHEDULE A

(to Subpoena dated January 16, 2014, issued by the Select Committee on Investigation.)
Please deliver the following:
1
.

All communications of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a BBM messages"), any and all "instant messages" or other electronically stored data or information, including, without limitation, any instant messages sent via any web or cellular phone based messaging systems, whether exchanged via use of a personal computational device, including without limitation devices commonly known as 'desktops', 'laptops,, 'smartbooks', 'tablets', smartphones cellular phones or iPads', and exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
"
"

"

'

'

'

All documents and records of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a "BBM messages"), any and all "instant messages whether sent via a personal computational device or cellular phone via any and all web or cellular phone based messaging systems, any other electronically stored data or information which is currently stored on any and all personal computational devices in your possession, dominion, or control, including, without limitation, devices commonly known as desktops', 'laptops', 'smartbooks', 'tablets', 'smartphones', cellular phones or iPads', exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9 2013 through September 13, 2013.
"
' '

'

'

All documents of any kind whatsoever sufficient to show the date, time, originating and receiving telephone number, originating cell site and sector, and duration for all incoming and outgoing calls for any phone number associated with you in your

personal capacity or in your capacity as an employee of the State of New Jersey, or any other capacity, between September 1, 2012 and the present date regarding the reduction
from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
4
.

All documents of any kind whatsoever evidencing electronic mail communications sent via any and all personal computational devices in your possession, dominion, or
control, including without limitation devices commonly known as desktops', 'laptops,, smartbooks tablets,, 'smartphones,, 'cellular phones,, or ,iPads,, whether used by
' , ' , '

you in a business, personal, or any other capacity, relative to any and all

communications between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
5
.

All video and audio recordings, and all voice mails, regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013. All calendars, day planners, notes, and/or diaries from September 1, 2012 to the
present.

Please produce a log of any documents and/or correspondence withheld from production on the basis of any claimed privilege or protection, or withheld or redacted for any reason, and retain such documents and/or correspondence.

Code of Fair Procedures


52:13E-1. Definitions As used in this act:

(a) "Agency" means any of the following while engaged in an investigation or inquiry: (1) the Governor or any person or persons appointed by him acting pursuant to
1941, c. 16, s. 1 (C. 52:15-7), (2) any temporary State commission or duly authorized committee thereof having the power to require testimony or the production of evidence by subpoena, or (3) any legislative committee or commission having the powers set forth
PL
.

in Revised Statutes 52:13-1.

(b) "Hearing" means any hearing in the course of an investigatory proceeding (other than a preliminary conference or interview at which no testimony is taken under oath) conducted before an agency at which testimony or the production of other evidence may be compelled by subpoena or other compulsory process. (c) "Public hearing" means any hearing open to the public, or any hearing, or such part thereof, as to which testimony or other evidence is made available or disseminated to the public by the agency. (d) "Private hearing" means any hearing other than a public hearing.
L
.

1968, c. 376, s. 1, eff. Dec. 27, 1968.

52:13E-2. Personal service

No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appear, a copy of this act, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the investigation shall be furnished by the agency upon request therefor by the person
summoned. L
.

1968, c. 376, s. 2, eff. Dec. 27,1968.

52:13E-3. Right to counsel; submission of proposed questions A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public hearing may submit proposed questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may deem appropriate to its inquiry. L 1968, c. 376, s. 3, eff. Dec. 27, 1968.
.

52:13E-4. Records of public hearings; copies

A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such

testimony, at his own expense, provided the same is available, and provided further that

the furnishing of such copy will not prejudice the public safety or security.
L
.

1968, c. 376, s. 4, eff. Dec. 27, 196?.

52:13E-5. Sworn statement by witness; incorporation in the record A witness who testifies at any hearing shall have the right at the conclusion of his examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding.
L
.

1968, c. 376, s. 5, eff. Dec. 27, 1968.

52:13E-6. Persons affected by proceedings; appearance or statement of facts Any person whose name is mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by

any member of the agency or its counsel at such a hearing tends to defame him or otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record of the investigatory proceeding.
L
.

1968, c. 375, s. 6, eff. Dec. 27, 1968,

52:13E-7. Rights or privileges granted by agencies Nothing in this act shall be construed to prevent an agency from granting to witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may
determine.
L
.

1968, c. 376, s. 7, eff. Dec. 27, 1968.

52:13E-8. Dissemination of evidence adduced at private hearing

Except in the course of subsequent hearing which is open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview before a committee or other multimember investigating agency shall be disseminated or made available to the public by any member of the agency, its counsel or employees, except with the approval of a majority of the members of such agency. Any person who violates the provisions of this subdivision shall be adjudged a disorderly person.
L
.

1968, c. 376, s. 8, eff. Dec. 27,1968.

52:13E-9. Hearing conducted by temporary state commission

No temporary State commission having more than two members shall have the power to take testimony at a public or private hearing unless at least two of its members are present at such hearing. Nothing in this section, however, shall be deemed to prevent the State Commission of Investigation from conducting private hearings, on an investigation previously undertaken by a majority of the members of the commission, with one commissioner present, when so designated by resolution pursuant to the provisions of
section 12 of P.L.1968, c. 266 (C. 52:9M-12). L 1968, c. 376, s. 9, eff. Dec. 27,1968. Amended by L.1984, c. 110, s. 5, eff. Aug. 3,1984.
.

52:13E-10. Right of members to file statement of minority views Nothing in this act shall be construed to affect, diminish or impair the right, under any other provision of law, rule or custom, of any member or group of members of a committee or other multimember investigating agency to file a statement or statements of minority views to accompany and be released with or subsequent to the report of the committee or agency.
L
.

1968, c. 376, s. 10, eff. Dec. 27,1968.

Chapter 13 of Title 52 of the Revised Statutes


Article 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; legal and clerical
assistance

Any joint committee of the legislature, any standing committee of either house, or any special committee directed by resolution to enter upon any investigation or inquiry, the pursuit of which shall necessitate the attendance of persons or the production of books or papers, shall have power to compel the attendance before it of such persons as witnesses and the production before it of such books and papers as it may deem necessary, proper and relevant to the matter under investigation. Any such committee shall also have the power to employ such legal and clerical assistance as it may deem necessary to the proper conduct of the investigation.

52:13-2. Summons for witnesses; execution


If any person upon being summoned in writing by order of any committee mentioned in section 52:13-1 of this title to appear before such committee and testify, fails to obey such summons, the speaker of the house of assembly or the president of the senate may, upon application to him, by warrant under his hand order the sergeant at arms of the house over which he presides to arrest such person and bring him before the committee, and the sergeant at arms shall thereupon execute the warrant to him so directed.
52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusal
to answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or any other law to conduct an investigation or inquiry shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the state. All such witnesses may be sworn by any member of the committee conducting the investigation or inquiry; and all witnesses sworn before any such committee shall answer truly all questions put to them which the committee shall decide to be proper and pertinent to the investigation or inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to any such questions shall be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the witness for perjury in respect to his answers to such questions. Any witness who refuses to answer any questions decided by the committee to be proper and pertinent shall be guilty of a misdemeanor; and any witness who, having been summoned to appear before any such committee, fails to appear in obedience to the summons or, appearing, refuses to be sworn shall be guilty of a misdemeanor. 52:13-4. Expenses of investigations; payment The state treasurer shall, upon the warrant of the state comptroller, pay the fees and mileage of witnesses called, the compensation of legal and clerical assistance employed and the expenses of the sergeant at arms of either house in the execution of warrants

pursuant to section 52:13-2 of this title, when the same shall be certified as correct and necessary by the chairman of the committee under whose authority and by whose order
the same shall have been incurred, but only when the chairman,s certificate has received the approval of the governor.
Article 2. Contempts of Joint Legislative Committees.

52:13-5. What constitutes contempt; report thereof to legislature

Whenever, in any investigation or inquiry by any committee constituted by joint


resolution of the legislature to enter upon or make such investigation or inquiry, any witness summoned or subpoenaed to appear before such committee to testify or to produce books, documents, papers or records, shall willfully neglect or refuse to appear in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce
. an

y books, documents, papers or records commanded to be produced by the summons or subpoena, or shall refuse to be sworn or affirmed, or shall refuse to answer any question put to him which the committee shall decide to be proper and pertinent to such investigation or inquiry, or shall in any other way contemn the authority or privileges of the legislature, and the facts alleged to constitute any such contempt shall have been reported by any such committee to the legislature, the alleged contemner shall be tried, and the alleged contempt determined, as hereinafter provided.

52:13-6. Joint session to determine alleged contempt; order for arrest; service The senate and general assembly may by concurrent resolution direct that the senate and general assembly meet in joint session at a time and place therein fixed for the purpose of hearing the evidence and arguments regarding the alleged contempt and may order that a warrant, directed to any sergeant at arms of either house or of the joint session or to any sheriff, police officer, member of the state police, constable or other peace officer, issue in such manner as shall be prescribed in and by the concurrent resolution for the arrest of the alleged contemner and the production of him at the bar of such joint session, there to be heard.
52:13-7. Hearing by joint session At the time and place fixed as aforesaid, or at any adjournment, the joint session shall sit and summarily hear the evidence and the arguments relating to the alleged contempt. The joint session shall adjourn from time to time until the matter shall have been

disposed of and the alleged contemner shall appear and attend at each and every such adjourned session.
52:13-8. Contemner,s rights

Any alleged contemner shall have the right to be heard before the joint session, to be represented by counsel, to call witnesses in his behalf, and to examine and cross-examine
witnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolution After the joint session shall have heard the evidence and such arguments as may be

made, the senate and the general assembly shall separately convene and shall separately

consider and determine the alleged contempt; and the determination shall be by a concurrent resolution, which may originate in either house.
52:13-10. Sentence; order of commitment

Any person found to be guilty of a contempt of the legislature by a concurrent


resolution of the two houses thereof, as hereinbefore provided, may be sentenced to imprisonment in the state prison or in the common jail of any county for any period not exceeding six months as shall be directed in and by the concurrent resolution determining the contempt, for the execution of which such concurrent resolution may order that a commitment shall issue, directed to any sheriff, police officer, member of the state police, constable or other peace officer, and to the keeper of the state prison or the keeper of the common jail of any county, which commitment shall be signed by the president of the senate and the speaker of the house of assembly in office at the date of the issue thereof.
52:13-11. Continuing validity of commitment

Any commitment issued in accordance with section 52:13-10 of this title shall remain
valid and effective until the imprisonment therein set forth shall have been served, notwithstanding the legislature which directed the issue of the commitment may meanwhile have adjourned or ended.
52:13-12. Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended for hearing on
a charge of contempt under a warrant issued by direction of a concurrent resolution as provided in section 52:13-6 of this Title, in such amount and with such surety as the judge shall determine to be reasonable, to appear before the Joint Session of the Legislature, at the time and place fixed by the warrant as well as at any and all adjournments thereof, and to stand to and abide such determination and sentence as may thereafter be found or imposed against the person so apprehended. Such recognizances shall run in favor of the State of New Jersey and shall be filed by the judge in the office
of the Secretary of State. Amended by L.1953, c. 49, p. 853, s. 2. 52:13-13. Powers given additional to other powers

The powers given by this article shall be in addition to the powers given by article 1 of this chapter (s. 52:13-1 et seq.).

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STATE OF NEW JERSEY

Select Committee on Investigation


to

Maria Cornelia Office of the Governor PO Box 001

Trenton, New Jersey 08625

SUBPOENA

Duces Tecum

Writ Returnable on or before

5:00 p.m., February 3, 2014


to

Select Committee on Investigation c/o Charles A. Buono, Jr. Office of Legislative Services
State House Annex
PO Box 068

Trenton, New Jersey 08625

JOHN S. WISNII-WSKI I 'hair MAIUJ-NK CARIDII ir.v < hair


' ~

..

()!. is s>. e:;iu.-:i-nwa[,i.>

CHARLIE A. liUONO. JR.

GORDONMJOHNSON

Office of Legislative. Services


Committee Aide

PAUL 0. MORIARTY
LINDA STBNOHR VALERIE VAiNiEIU BUTTLE BONN!!: WATSON COLEMAN

MICHAEL PATRICK CARROLL BETTYLOU DcCROCIi


AMY II HANDI..1N

pjfSi IbfiWfi
SELECT COMMITTEE ON INVESTIGATION
STATE HOUSE ANNEX
PO BOX 068

(609) 847-3S40
(609) 292-0561 lax

HOLLY T. SCHI'il>lSI

TRENTON NJ 08625-0068

January 16, 2014

Mr. Michael Drewniak Office of the Governor


PO Box 001

Trenton, New Jersey 08625


Dear Mr. Dreweniak:

Please find attached hereto a subpoena requesting certain documents concerning all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power. The Select Committee on Investigation would accept mail or messenger delivery of the requested records at the following address on or before 5:00 p m February 3, 2014: Charles A. Buono, Jr., Office of Legislative Services, State House Annex, PO Box 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair Procedure. The preferred method of delivery of the requested records is compact disk or DVD or
.
.,

similar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J.
Schar, Jenner & Block LLP, at (312) 923-2629.

Reid J. Schar, Jenner & Block LLP

Aaron Binder, Assembly Majority Office Keith Laughlin, Assembly Republican Office Glen Beebe, Assembly Republican Office Charles A. Buono, Jr., Office of Legislative Services

SELECT COMMITTEE ON INVESTIGATION

SUBPOENA

TO

Michael Drewniak
Office of the Governor PO Box 001

Trenton, New Jersey 08625

WE COMMAND YOU, Laying aside all and singular business and excuses, to
produce all books, papers, correspondence, other documents and materials, and electronic records and data described below, that you have in your possession or have access to relevant

to the Select Committee on Investigation's inquiry and investigation into all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government

power or an attempt to conceal an abuse of government power, as more particularly set forth
on the attached Schedule A. These books, papers, correspondence, other documents and

materials, and electronic records and data shall be returned on or before 5:00 p.m., Monday,

February 3, 2014 to:

Charles A. Buono, Jr., Office of Legislative Services, State House

Annex, PO Box 068, Trenton, New Jersey 08625. The Select Committee on Investigation was

constituted as a special committee of the General Assembly pursuant to Assembly Resolution No. 10 duly passed by the General Assembly of the State of New Jersey on January 16, 2014. Your production of documents is governed by the Code of Fair Procedure and Chapter
13 of Title 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to

you herewith. Failure to comply with this Subpoena shall make you liable for such penalties as are provided by law.

WITNESS, the hand of The Honorable

Chairman of the Select

Committee on Investigation, on this 16th day of January

wski, Chairman

ee on Investigation

SCHEDULE A

(to Subpoena dated January 16, 2014, issued by the Select Committee on Investigation.)
Please deliver the following:
1
.

All communications of any kind, including, but not limited to, any correspondence
,
"

notes, documents, electronic mail transmissions text messages, Blackberry Messenger

messages (a/k/a BBM messages"), any and all "instant messages" or other electronically stored data or information, including, without limitation any instant
"
,

sent via any web or cellular phone based messaging systems whether exchanged via use of a personal computational device including without limitation smartbooks tablets', devices commonly known as 'desktops', 'laptops' smartphones cellular phones or iPads', and exchanged between you and any other
messages
, ,
'

"

'

'

'

'

'

person or entity, whether used by you in a business, personal, or any other capacity,
between September 1, 2012 and the present date regarding the reduction from three to

one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
2
.

All documents and records of any kind, including, but not limited to any correspondence, notes, documents, electronic mail transmissions text messages, Blackberry Messenger messages (a/k/a "BBM messages"), any and all "instant messages whether sent via a personal computational device or cellular phone via any and all web or cellular phone based messaging systems, any other electronically stored data or information which is currently stored on any and all personal computational devices in your possession, dominion or control, including, without limitation, devices commonly known as desktops,, 'laptops', 'smartbooks' tablets', 'smartphones' cellular phones or iPads,, exchanged between you and any other person or entity whether used by you in a business, personal, or any other capacity between September 1 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September
, , " , ' 1 ,
,

'

>

'

9 3

2013 through September 13, 2013.


,

All documents of any kind whatsoever sufficient to show the date time, originating and receiving telephone number, originating cell site and sector and duration for all
,

incoming and outgoing calls for any phone number associated with you in your personal capacity or in your capacity as an employee of the State of New Jersey, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13 2013.
, ,

All documents of any kind whatsoever evidencing electronic mail communications sent via any and all personal computational devices in your possession dominion, or
,

control, including without limitation devices commonly known as 'desktops,


'

1laptops

'

smartbooks

' ,

tablets', 'smartphones', 'cellular phones, or iPads', whether used by


,

'

you in a business, personal, or any other capacity, relative to any and all

communications between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13 2013.
,

All video and audio recordings, and all voice mails, regarding the reduction from three to one of the eastbound Fort Lee New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
,

All calendars, day planners, notes, and/or diaries from September 1 2012 to the
,

present.

7. All smartphones, tablets, cellular phones, and personal digital or data assistants
whether used by you in a business, personal or any other capacity.
,

or any
,

other similar device used by you at any time from September 1, 2012 to the present

Please produce a log of any documents and/or correspondence withheld from

production on the basis of any claimed privilege or protection, or withheld or redacted for any
reason, and retain such documents and/or correspondence.

Code of Fair Procedures


52:13E-1. Definitions

As used in this act:

(a) "Agency" means any of the following while engaged in an investigation or inquiry: (1) the Governor or any person or persons appointed by him acting pursuant to P L 1941, c. 16, s. 1 (C. 52:15-7), (2) any temporary State commission or duly authorized committee thereof having the power to require testimony or the production of evidence by subpoena, or (3) any legislative committee or commission having the powers set forth
.
.

in Revised Statutes 52:13-1.

(b) "Hearing" means any hearing in the course of an investigatory proceeding (other than a preliminary conference or interview at which no testimony is taken under oath) conducted before an agency at which testimony or the production of other evidence may be compelled by subpoena or other compulsory process. (c) "Public hearing" means any hearing open to the public, or any hearing, or such part thereof, as to which testimony or other evidence is made available or disseminated to the public by the agency. (d) "Private hearing" means any hearing other than a public hearing.
L
.

1968, c. 376, s. 1, eff. Dec. 27,1968.

52:13E-2. Personal service

No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appear, a copy of this act, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the
investigation shall be furnished by the agency upon request therefor by the person
summoned. L
.

1968, c. 376, s. 2, eff. Dec. 27,1968.

52:13E-3. Right to counsel; submission of proposed questions A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public hearing may submit proposed questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may deem appropriate to its inquiry.
L
.

1968, c. 376, s. 3, eff. Dec. 27,1968.

52:13E-4. Records of public hearings; copies A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such

testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security.
L
.

1968, c. 376, s. 4, eff. Dec. 27,1968.

52:13E-5. Sworn statement by witness; incorporation in the record A witness who testifies at any hearing shall have the right at the conclusion of his examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding. L 1968, c. 376, s. 5, eff. Dec. 27,1968.
.

52:13E-6. Persons affected by proceedings; appearance or statement of facts

Any person whose name is mentioned or who is specifically identified and who
believes that testimony or other evidence given at a public hearing or comment made by

any member of the agency or its counsel at such a hearing tends to defame him or
otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a statement of facts under oath relating solely to matters relevant to the testimony or other

evidence complained of, which statement shall be incorporated in the record of the investigatory proceeding.
L
.

1968, c. 375, s. 6, eff. Dec. 27, 1968.

52:13E-7. Rights or privileges granted by agencies Nothing in this act shall be construed to prevent an agency from granting to

witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may
determine.
L
.

1968, c. 376, s. 7, eff. Dec. 27, 1968.

52:13E-8. Dissemination of evidence adduced at private hearing

Except in the course of subsequent hearing which is open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview before a committee or other multimember investigating agency shall be disseminated or made available to the public by any member of the agency, its counsel or employees, except with the approval of a majority of the members of such agency. Any person who violates the provisions of this subdivision shall be adjudged a disorderly person.
L
.

1968, c. 376, s. 8, eff. Dec. 27, 1968.

52:13E-9. Hearing conducted by temporary state commission No temporary State commission having more than two members shall have the power to take testimony at a public or private hearing unless at least two of its members are present at such hearing. Nothing in this section, however, shall be deemed to prevent the State Commission of Investigation from conducting private hearings, on an investigation previously undertaken by a majority of the members of the commission, with one commissioner present, when so designated by resolution pursuant to the provisions of section 12 of P.L.1968, c. 266 (C. 52:9M-12). L 1968, c. 376, s. 9, eff. Dec. 27, 1968. Amended by L. 1984, c. 110, s. 5, eff. Aug. 3,1984.
.

52:13E-10. Right of members to file statement of minority views Nothing in this act shall be construed to affect, diminish or impair the right, under any other provision of law, rule or custom, of any member or group of members of a committee or other multimember investigating agency to file a statement or statements of minority views to accompany and be released with or subsequent to the report of the committee or agency.
L
.

1968, c. 376, s. 10, eff. Dec. 27, 1968.

Chapter 13 of Title 52 of the Revised Statutes


Article 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; legal and clerical
assistance

Any joint committee of the legislature, any standing committee of either house, or any

special committee directed by resolution to enter upon any investigation or inquiry, the pursuit of which shall necessitate the attendance of persons or the production of books or papers, shall have power to compel the attendance before it of such persons as witnesses and the production before it of such books and papers as it may deem necessary, proper
and relevant to the matter under investigation. Any such committee shall also have the

power to employ such legal and clerical assistance as it may deem necessary to the proper
conduct of the investigation.
52:13-2. Summons for witnesses; execution

If any person upon being summoned in writing by order of any committee mentioned in section 52:13-1 of this title to appear before such committee and testify, fails to obey such summons, the speaker of the house of assembly or the president of the senate may, upon application to him, by warrant under his hand order the sergeant at arms of the house over which he presides to arrest such person and bring him before the committee, and the sergeant at arms shall thereupon execute the warrant to him so directed.
52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusal
to answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or any other law to conduct an investigation or inquiry shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the state. All such witnesses may be sworn by any member of the committee conducting the investigation or inquiry; and all witnesses sworn before any such committee shall answer truly all questions put to them which the committee shall decide to be proper and pertinent to the investigation or inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to any such questions shall be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the witness for perjury in respect to his
answers to such questions. Any witness who refuses to answer any questions decided by the committee to be

proper and pertinent shall be guilty of a misdemeanor; and any witness who, having been summoned to appear before any such committee, fails to appear in obedience to the summons or, appearing, refuses to be sworn shall be guilty of a misdemeanor.
52:13-4. Expenses of investigations; payment The state treasurer shall, upon the warrant of the state comptroller, pay the fees and mileage of witnesses called, the compensation of legal and clerical assistance employed and the expenses of the sergeant at arms of either house in the execution of warrants

pursuant to section 52:13-2 of this title, when the same shall be certified as correct and necessary by the chairman of the committee under whose authority and by whose order the same shall have been incurred, but only when the chairman,s certificate has received the approval of the governor.
Article 2. Contempts of Joint Legislative Committees.

52:13-5. What constitutes contempt; report thereof to legislature

Whenever, in any investigation or inquiry by any committee constituted by joint


resolution of the legislature to enter upon or make such investigation or inquiry, any witness summoned or subpoenaed to appear before such committee to testify or to produce books, documents, papers or records, shall willfully neglect or refuse to appear in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce any books, documents, papers or records commanded to be produced by the summons or subpoena, or shall refuse to be sworn or affirmed, or shall refuse to answer any question put to him which the committee shall decide to be proper and pertinent to such investigation or inquiry, or shall in any other way contemn the authority or privileges of the legislature, and the facts alleged to constitute any such contempt shall have been reported by any such committee to the legislature, the alleged contemner shall be tried, and the alleged contempt determined, as hereinafter provided.
52:13-6. Joint session to determine alleged contempt; order for arrest; service The senate and general assembly may by concurrent resolution direct that the senate

and general assembly meet in joint session at a time and place therein fixed for the purpose of hearing the evidence and arguments regarding the alleged contempt and may order that a warrant, directed to any sergeant at arms of either house or of the joint session or to any sheriff, police officer, member of the state police, constable or other peace officer, issue in such manner as shall be prescribed in and by the concurrent resolution for the arrest of the alleged contemner and the production of him at the bar of such joint session, there to be heard.
52:13-7. Hearing by joint session

At the time and place fixed as aforesaid, or at any adjournment, the joint session shall sit and summarily hear the evidence and the arguments relating to the alleged contempt. The joint session shall adjourn from time to time until the matter shall have been

disposed of and the alleged contemner shall appear and attend at each and every such
adjourned session.
52:13-8. Contemner,s rights

Any alleged contemner shall have the right to be heard before the joint session, to be represented by counsel, to call witnesses in his behalf, and to examine and cross-examine
witnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolution After the joint session shall have heard the evidence and such arguments as may be made, the senate and the general assembly shall separately convene and shall separately

consider and determine the alleged contempt; and the determination shall be by a concurrent resolution, which may originate in either house.
52:13-10. Sentence; order of commitment

Any person found to be guilty of a contempt of the legislature by a concurrent resolution of the two houses thereof, as hereinbefore provided, may be sentenced to imprisonment in the state prison or in the common jail of any county for any period not exceeding six months as shall be directed in and by the concurrent resolution determining the contempt, for the execution of which such concurrent resolution may order that a commitment shall issue, directed to any sheriff, police officer, member of the state police, constable or other peace officer, and to the keeper of the state prison or the keeper of the common jail of any county, which commitment shall be signed by the president of the senate and the speaker of the house of assembly in office at the date of the issue thereof.
52:13-11. Continuing validity of commitment

Any commitment issued in accordance with section 52:13-10 of this title shall remain valid and effective until the imprisonment therein set forth shall have been served, notwithstanding the legislature which directed the issue of the commitment may meanwhile have adjourned or ended.
52:13-12. Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended for hearing on a charge of contempt under a warrant issued by direction of a concurrent resolution as provided in section 52:13-6 of this Title, in such amount and with such surety as the judge shall determine to be reasonable, to appear before the Joint Session of the Legislature, at the time and place fixed by the warrant as well as at any and all adjournments thereof, and to stand to and abide such determination and sentence as may thereafter be found or imposed against the person so apprehended. Such recognizances shall run in favor of the State of New Jersey and shall be filed by the judge in the office
of the Secretary of State. Amended by L.1953, c. 49, p. 853, s. 2.

52:13-13. Powers given additional to other powers The powers given by this article shall be in addition to the powers given by article 1 of this chapter (s. 52:13-1 et seq.).

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STATE OF NEW JERSEY

Select Committee on Investigation


to

Michael Drewniak Office of the Governor PO Box 001

Trenton, New Jersey 08625

SUBPOENA

Duces Tecum

Writ Returnable on or before

5:00 p.m., February 3, 2014


to

Select Committee on Investigation


c/o Charles A. Buono, Jr.

Office of Legislative Services


State House Annex PO Box 068

Trenton, New Jersey 08625

JOHNS. WISNIEWSKi ( hair


'

MAIU.ENE CAKiDK I 'n:e I fitiir


'
.

i oi ,is o. <:iRi:;i:NWAi,o

CHARLI-.S A. iiUON"O. JR.

GORDON M. JOHNSON
I>Al/L I.) MORIARTY

O/ficv of L</gislaim Survici's


C.nmm/Uce Aide

INDASTI-NOKR VALERIE VAIN1ERI HUTTLE HON'NIE WATSON COLEMAN MICHAEL PATRICK CARROLL BETTYLOU DeCROCK
I
.

$i tie tznhintt
SELECT COMMITTEE ON INVESTIGATION STATE HOUSE ANNEX
PO BOX 068 TRENTON Nj 08625-0068

(609) 847-3840

(009) 292-0561 fax'

AMY It HANDL1N

MOU..Y T. SCHEPISI

January 16, 2014

Ms. Regina Egea


Office of the Governor PO Box 001

Trenton, New Jersey 08625


Dear Ms. Egea:

Please find attached hereto a subpoena requesting certain documents concerning all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power. The Select Committee on Investigation would accept mail or messenger delivery of the requested records at the following address on or before 5:00 p m February 3, 2014: Charles A. Buono, Jr., Office of Legislative Services, State House Annex, PO Box 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair Procedure. The preferred method of delivery of the requested records is compact disk or DVD or
. .,

similar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J.
Schar, Jenner & Block LLP, at (312) 923-2629.

Aaron Binder, Assembly Majority Office


Keith Laughlin, Assembly Republican Office Glen Beebe, Assembly Republican Office Charles A. Buono, Jr., Office of Legislative Services

SELECT COMMITTEE ON INVESTIGATION

SUBPOENA

TO

Regina Egea
Office of the Governor PO Box 001

Trenton, New Jersey 08625

WE COMMAND YOU, Laying aside all and singular business and excuses, to

produce all books, papers, correspondence, other documents and materials, and electronic
records and data described below, that you have in your possession or have access to relevant to the Select Committee on Investigation's inquiry and investigation into all aspects of the

finances, operations, and management of the Port Authority of New York and New Jersey,

including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government
power or an attempt to conceal an abuse of government power, as more particularly set forth
on the attached Schedule A. These books, papers, correspondence, other documents and

materials, and electronic records and data shall be returned on or before 5:00 p.m., Monday,

February 3, 2014 to:

Charles A. Buono, Jr., Office of Legislative Services, State House

Annex, PO Box 068, Trenton, New Jersey 08625. The Select Committee on Investigation was constituted as a special committee of the General Assembly pursuant to Assembly Resolution

No. 10 duly passed by the General Assembly of the State of New Jersey on January 16, 2014.
Your production of documents is governed by the Code of Fair Procedure and Chapter
13 of Title 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to you herewith.

Failure to comply with this Subpoena shall make you liable for such penalties as are
provided by law.

WITNESS, the hand of The Honorable John S\ W sniewiti, Chairman of the Select

Committee on Investigation, on this 16th day f January, 20(14.

John S. wismewski, Chairman

Select Committee on Investigation

SCHEDULE A

(to Subpoena dated January 16, 2014, issued by the Select Committee on Investigation.)
Please deliver the following:
1
.

All communications of any kind, including, but not limited to, any correspondence,
notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a BBM messages"), any and all "instant messages" or other electronically stored data or information, including, without limitation, any instant messages sent via any web or cellular phone based messaging systems, whether
" "
"

exchanged via use of a personal computational device, including without limitation devices commonly known as 'desktops', 'laptops', 'smartbooks', 'tablets', smartphones cellular phones or iPads', and exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to
' ' ' , ' , ,

one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013,
2
.

All documents and records of any kind, including, but not limited to, any

correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a "BBM messages"), any and all "instant messages whether sent via a personal computational device or cellular phone via any and all web or cellular phone based messaging systems, any other electronically stored
"

data or information which is currently stored on any and all personal computational

devices in your possession, dominion, or control, including, without limitation, devices


commonly known as desktops', 'laptops', 1smartbooks', 'tablets', 'smartphones,, cellular phones or iPads,, exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September
'
' '

'

2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September
1
,

9 3

2013 through September 13, 2013.

All documents of any kind whatsoever sufficient to show the date, time, originating and

receiving telephone number, originating cell site and sector, and duration for all incoming and outgoing calls for any phone number associated with you in your personal capacity or in your capacity as an employee of the State of New Jersey, or any other capacity, between September 1, 2012 and the present date regarding the reduction
from three to one of the eastbound Fort Lee, New Jersey access lanes to the George

Washington Bridge from September 9, 2013 through September 13, 2013.


4
.

All documents of any kind whatsoever evidencing electronic mail communications sent via any and all personal computational devices in your possession, dominion, or control, including without limitation devices commonly known as desktops', 'laptops', smartbooks tablets', 'smartphones,, 'cellular phones', or 'iPads,, whether used by you in a business, personal, or any other capacity, relative to any and all
'
' ' '

communications between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
5
.

All video and audio recordings, and all voice mails, regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013. All calendars, day planners, notes, and/or diaries from September 1, 2012 to the
present.

Please produce a log of any documents and/or correspondence withheld from production on the basis of any claimed privilege or protection, or withheld or redacted for any
reason,

and retain such documents and/or correspondence.

Code of Fair Procedures


52:13E-1. Definitions

As used in this act:

(a) "Agency means any of the following while engaged in an investigation or


"

inquiry: (1) the Governor or any person or persons appointed by him acting pursuant to P L 1941,c. 16, s. 1 (C. 52:15-7), (2) any temporary State commission or duly authorized committee thereof having the power to require testimony or the production of evidence by subpoena, or (3) any legislative committee or commission having the powers set forth
. .

in Revised Statutes 52:13-1.

(b) "Hearing" means any hearing in the course of an investigatory proceeding (other than a preliminary conference or interview at which no testimony is taken under oath) conducted before an agency at which testimony or the production of other evidence may be compelled by subpoena or other compulsory process. (c) "Public hearing" means any hearing open to the public, or any hearing, or such part thereof, as to which testimony or other evidence is made available or disseminated to the public by the agency. (d) "Private hearing" means any hearing other than a public hearing.
L
.

1968, c. 376, s. 1, eff. Dec. 27,1968.

52:13E-2. Personal service

No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appear, a copy of this act, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the
investigation shall be furnished by the agency upon request therefor by the person
summoned.
L
.

1968, c. 376, s. 2, eff. Dec. 27, 1968.

52:13E-3. Right to counsel; submission of proposed questions A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public hearing may submit proposed

questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may deem appropriate to its inquiry.
L
.

1968, c. 376, s. 3, eff. Dec. 27, 1968.

52:I3E-4. Records of public hearings; copies

A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such

testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security.
L
.

1968, c. 376, s. 4, eff. Dec. 27, 1968.

52:13E-5. Sworn statement by witness; incorporation in the record A witness who testifies at any hearing shall have the right at the conclusion of his examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding. L 1968, c. 376, s. 5, eff. Dec. 27,1968.
.

52:13E-6. Persons affected by proceedings; appearance or statement of facts

Any person whose name is mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by any member of the agency or its counsel at such a hearing tends to defame him or otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record of the investigatory proceeding.
L
.

1968, c. 375, s. 6, eff. Dec. 27,1968.

52:13E-7. Rights or privileges granted by agencies Nothing in this act shall be construed to prevent an agency from granting to witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may
determine. L
.

1968, c. 376, s. 7, eff. Dec. 27, 1968.

52:13E-8. Dissemination of evidence adduced at private hearing

Except in the course of subsequent hearing which is open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview before a committee or other multimember investigating agency shall be disseminated or made available to the public by any member of the agency, its counsel or employees, except with the approval of a majority of the members of such agency. Any person who violates the provisions of this subdivision shall be adjudged a disorderly person.
L
.

1968, c. 376, s. 8, eff. Dec. 27, 1968.

52:13E-9. Hearing conducted by temporary state commission

No temporary State commission having more than two members shall have the power to take testimony at a public or private hearing unless at least two of its members are present at such hearing. Nothing in this section, however, shall be deemed to prevent the State Commission of Investigation from conducting private hearings, on an investigation previously undertaken by a majority of the members of the commission, with one commissioner present, when so designated by resolution pursuant to the provisions of
section 12 of P.L.1968, c. 266 (C. 52:9M-12). L 1968, c. 376, s. 9, eff. Dec. 27, 1968. Amended by L.1984, c. 110, s. 5, eff. Aug. 3, 1984.
.

52:13E-10. Right of members to file statement of minority views Nothing in this act shall be construed to affect, diminish or impair the right, under any other provision of law, rule or custom, of any member or group of members of a committee or other multimember investigating agency to file a statement or statements of minority views to accompany and be released with or subsequent to the report of the
committee or agency. L 1968, c. 376, s. 10, eff. Dec. 27,1968.
.

Chapter 13 of Title 52 of the Revised Statutes


Article 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; legal and clerical
assistance

Any joint committee of the legislature, any standing committee of either house, or any special committee directed by resolution to enter upon any investigation or inquiry, the pursuit of which shall necessitate the attendance of persons or the production of books or papers, shall have power to compel the attendance before it of such persons as witnesses and the production before it of such books and papers as it may deem necessary, proper and relevant to the matter under investigation. Any such committee shall also have the power to employ such legal and clerical assistance as it may deem necessary to the proper
conduct of the investigation.

52:13-2. Summons for witnesses; execution


If any person upon being summoned in writing by order of any committee mentioned in section 52:13-1 of this title to appear before such committee and testify, fails to obey such summons, the speaker of the house of assembly or the president of the senate may, upon application to him, by warrant under his hand order the sergeant at arms of the house over which he presides to arrest such person and bring him before the committee, and the sergeant at arms shall thereupon execute the warrant to him so directed. 52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusal
to answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or any other law to conduct an investigation or inquiry shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the state. All such witnesses may be sworn by any member of the committee conducting the investigation or inquiry; and all witnesses sworn before any such committee shall answer truly all questions put to them which the committee shall decide to be proper and pertinent to the investigation or inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to any such questions shall be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the witness for perjury in respect to his answers to such questions. Any witness who refuses to answer any questions decided by the committee to be proper and pertinent shall be guilty of a misdemeanor; and any witness who, having been

summoned to appear before any such committee, fails to appear in obedience to the summons or, appearing, refuses to be sworn shall be guilty of a misdemeanor.
52:13-4. Expenses of investigations; payment The state treasurer shall, upon the warrant of the state comptroller, pay the fees and

mileage of witnesses called, the compensation of legal and clerical assistance employed and the expenses of the sergeant at arms of either house in the execution of warrants

pursuant to section 52:13-2 of this title, when the same shall be certified as correct and necessary by the chairman of the committee under whose authority and by whose order the same shall have been incurred, but only when the chairman,s certificate has received the approval of the governor.
Article 2. Contempts of Joint Legislative Committees. 52:13-5. What constitutes contempt; report thereof to legislature

Whenever, in any investigation or inquiry by any committee constituted by joint resolution of the legislature to enter upon or make such investigation or inquiry, any witness summoned or subpoenaed to appear before such committee to testify or to produce books, documents, papers or records, shall willfully neglect or refuse to appear in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce any books, documents, papers or records commanded to be produced by the summons or subpoena, or shall refuse to be sworn or affirmed, or shall refuse to answer any question put to him which the committee shall decide to be proper and pertinent to such investigation or inquiry, or shall in any other way contemn the authority or privileges of the legislature, and the facts alleged to constitute any such contempt shall have been reported by any such committee to the legislature, the alleged contemner shall be tried, and the alleged contempt determined, as hereinafter provided.
52:13-6. Joint session to determine alleged contempt; order for arrest; service The senate and general assembly may by concurrent resolution direct that the senate and general assembly meet in joint session at a time and place therein fixed for the purpose of hearing the evidence and arguments regarding the alleged contempt and may order that a warrant, directed to any sergeant at arms of either house or of the joint session or to any sheriff, police officer, member of the state police, constable or other peace officer, issue in such manner as shall be prescribed in and by the concurrent resolution for the arrest of the alleged contemner and the production of him at the bar of such joint session, there to be heard.
52:13-7. Hearing by joint session

At the time and place fixed as aforesaid, or at any adjournment, the joint session shall sit and summarily hear the evidence and the arguments relating to the alleged contempt. The joint session shall adjourn from time to time until the matter shall have been disposed of and the alleged contemner shall appear and attend at each and every such adjourned session.
52:13-8. Contemner,s rights

Any alleged contemner shall have the right to be heard before the joint session, to be represented by counsel, to call witnesses in his behalf, and to examine and cross-examine
witnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolution After the joint session shall have heard the evidence and such arguments as may be made, the senate and the general assembly shall separately convene and shall separately

consider and determine the alleged contempt; and the determination shall be by a concurrent resolution, which may originate in either house.
52:13-10. Sentence; order of commitment

Any person found to be guilty of a contempt of the legislature by a concurrent resolution of the two houses thereof, as hereinbefore provided, may be sentenced to imprisonment in the state prison or in the common jail of any county for any period not
exceeding six months as shall be directed in and by the concurrent resolution determining the contempt, for the execution of which such concurrent resolution may order that a commitment shall issue, directed to any sheriff, police officer, member of the state police, constable or other peace officer, and to the keeper of the state prison or the keeper of the common jail of any county, which commitment shall be signed by the president of the senate and the speaker of the house of assembly in office at the date of the issue thereof.
52:13-11. Continuing validity of commitment

Any commitment issued in accordance with section 52:13-10 of this title shall remain
valid and effective until the imprisonment therein set forth shall have been served, notwithstanding the legislature which directed the issue of the commitment may

meanwhile have adjourned or ended.


52:13-12. Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended for hearing on a charge of contempt under a warrant issued by direction of a concurrent resolution as provided in section 52:13-6 of this Title, in such amount and with such surety as the judge shall determine to be reasonable, to appear before the Joint Session of the Legislature, at the time and place fixed by the warrant as well as at any and all adjournments thereof, and to stand to and abide such determination and sentence as may thereafter be found or imposed against the person so apprehended. Such recognizances
shall run in favor of the State of New Jersey and shall be filed by the judge in the office of the Secretary of State. Amended by L.1953, c. 49, p. 853, s. 2. 52:13-13. Powers given additional to other powers

The powers given by this article shall be in addition to the powers given by article 1 of
this chapter (s. 52:13-1 et seq.).

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STATE OF NEW JERSEY

Select Committee on Investigation


to

Regina Egea
Office of the Governor
PO Box 001

Trenton, New Jersey 08625

SUBPOENA

Duces Tecum

Writ Returnable on or before

5:00 p.m., February 3, 2014


to

Select Committee on Investigation


c/o Charles A. Buono, Jr.

Office of Legislative Services


State House Annex PO Box 068

Trenton, New Jersey 08625

JOHN'S. WISMI-WSKI
< ~htiir

MAIU.I-NKCARIDG I Vcc ('iiair LOUIS D. (iHl!;i-NWAl.D

CtiARLLS A. BUONO, JR.

GORDON M. JOHNSON
PAUL O. MOKIAKTY

Ofice of Legislative Services


Committee Aide

LINDA STENIMill
VALERIE VAINIER1 HUTTI..E

liONNll- WATSON COLt-MAN MiCHARL PATRICK CARROI.l. BKTTYLOU DoCROCB


AMY II HANDL1N

fSf

ptMtt $*ff*JsffK
STATE HOUSE ANNEX
PO BOX 068

(609) 847-3840 (609) 292-0561 fax

SELECT COMMITTEE ON INVESTIGATION

HOLLY T SCI IEI'ISI

TRENTON NJ 08625-0068

January 16, 2014

Ms. Christina Genovese

Office of the Governor


PO Box 001

Trenton, New Jersey 08625


Dear Ms. Genovese:

Please find attached hereto a subpoena requesting certain documents concerning all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an

attempt to conceal an abuse of government power. The Select Committee on Investigation would accept mail or messenger delivery of the requested records at the following address on or before 5:00
February 3, 2014: Charles A. Buono, Jr., Office of Legislative Services, State House Annex, PO Box 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair Procedure. The preferred method of delivery of the requested records is compact disk or DVD or
p
.

.,

similar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J. Schar, Jenner & Block LLP, at (312) 923-2629.

Very trifly yours,


SELECT COMMtfrrie ON INVESTIGATION

JW/kj
Enclosures

c Members - Select Committee on Investigation


Reid J. Schar, Jenner & Block LLP

Aaron Binder, Assembly Majority Office Keith Laughlin, Assembly Republican Office Glen Beebe, Assembly Republican Office Charles A. Buono, Jr., Office of Legislative Services

SELECT COMMITTEE ON INVESTIGATION

SUBPOENA

TO

Christina Genovese
Office of the Governor PO Box 001

Trenton, New Jersey 08625

WE COMMAND YOU, Laying aside all and singular business and excuses, to

produce all books, papers, correspondence, other documents and materials, and electronic
records and data described below, that you have in your possession or have access to relevant to the Select Committee on Investigation's inquiry and investigation into all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power, as more particularly set forth
on the attached Schedule A. These books, papers, correspondence, other documents and

materials, and electronic records and data shall be returned on or before 5:00 p.m., Monday,

February 3, 2014 to:

Charles A. Buono, Jr., Office of Legislative Services, State House

Annex, PO Box 068, Trenton, New Jersey 08625. The Select Committee on Investigation was

constituted as a special committee of the General Assembly pursuant to Assembly Resolution No. 10 duly passed by the General Assembly of the State of New Jersey on January 16, 2014. Your production of documents is governed by the Code of Fair Procedure and Chapter
13 of Title 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to you herewith. Failure to comply with this Subpoena shall make you liable for such penalties as are

provided by law.

WITNESS, the hand of The Honorabl Committee on Investigation, on this 16th day

ki, Chairman of the Select

Tsniewski, Chairman

Committee on Investigation

SCHEDULE A

(to Subpoena dated January 16, 2014, issued by the Select Committee on Investigation.)
Please deliver the following:
1
.

All communications of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a BBM messages"), any and all "instant messages" or other electronically stored data or information, including, without limitation, any instant messages sent via any web or cellular phone based messaging systems, whether exchanged via use of a personal computational device, including without limitation devices commonly known as 'desktops,, 'laptops', 'smartbooks', 'tablets', smartphones cellular phones or iPads', and exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
" " " ' '
' ' '

All documents and records of any kind, including, but not limited to, any

correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a "BBM messages"), any and all "instant
whether sent via a personal computational device or cellular phone via any and all web or cellular phone based messaging systems, any other electronically stored data or information which is currently stored on any and all personal computational devices in your possession, dominion, or control, including, without limitation, devices commonly known as desktops,, 'laptops', 'smartbooks', 'tablets,, 'smartphones,, cellular phones or iPads,, exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9 2013 through September 13, 2013.
messages
' ' ,

"

'

All documents of any kind whatsoever sufficient to show the date, time, originating and receiving telephone number, originating cell site and sector, and duration for all incoming and outgoing calls for any phone number associated with you in your personal capacity or in your capacity as an employee of the State of New Jersey, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.

All documents of any kind whatsoever evidencing electronic mail communications sent via any and all personal computational devices in your possession, dominion, or control, including without limitation devices commonly known as desktops,, 'laptops', smartbooks tablets', 'smartphones,, 'cellular phones', or 'iPads', whether used by
'

'

'

you in a business, personal, or any other capacity, relative to any and all

communications between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
5
.

All video and audio recordings, and all voice mails, regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
All calendars, day planners, notes, and/or diaries from September 1, 2012 to the
present.

Please produce a log of any documents and/or correspondence withheld from

production on the basis of any claimed privilege or protection, or withheld or redacted for any
reason, and retain such documents and/or correspondence.

Code of Fair Procedures


52:13E-1. Definitions As used in this act:

(a) "Agency" means any of the following while engaged in an investigation or inquiry: (1) the Governor or any person or persons appointed by him acting pursuant to P L 1941, c. 16, s. 1 (C. 52:15-7), (2) any temporary State commission or duly authorized committee thereof having the power to require testimony or the production of evidence by subpoena, or (3) any legislative committee or commission having the powers set forth
.
.

in Revised Statutes 52:13-1.

(b) "Hearing" means any hearing in the course of an investigatory proceeding


(other than a preliminary conference or interview at which no testimony is taken under

oath) conducted before an agency at which testimony or the production of other evidence
may be compelled by subpoena or other compulsory process. (c) "Public hearing" means any hearing open to the public, or any hearing, or such part thereof, as to which testimony or other evidence is made available or disseminated to the public by the agency. (d) "Private hearing" means any hearing other than a public hearing.
L
.

1968, c. 376, s. 1, eff. Dec. 27, 1968.

52:13E-2. Personal service

No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appear, a copy of this act, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the investigation shall be furnished by the agency upon request therefor by the person
summoned.
L
.

1968, c. 376, s. 2, eff. Dec. 27, 1968.

52:13E-3. Right to counsel; submission of proposed questions A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public hearing may submit proposed questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may deem appropriate to its inquiry.
L
.

1968, c. 376, s. 3, eff. Dec. 27, 1968.

52:13E-4. Records of public hearings; copies A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a

criminal proceeding in which the witness is a defendant, or in any subsequent hearing in


which the witness is summoned to testify, the witness shall be entitled to a copy of such

testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security.
L
.

I968, c. 376, s. 4, eff. Dec. 27, 1968.

52:13E-5. Sworn statement by witness; incorporation in the record A witness who testifies at any hearing shall have the right at the conclusion of his examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding. L 1968, c. 376, s. 5, eff. Dec. 27,1968.
.

52:13E-6. Persons affected by proceedings; appearance or statement of facts

Any person whose name is mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by any member of the agency or its counsel at such a hearing tends to defame him or otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record of the investigatory proceeding.
L
.

1968, c. 375, s. 6, eff. Dec. 27, 1968.

52:13E-7. Rights or privileges granted by agencies Nothing in this act shall be construed to prevent an agency from granting to witnesses appearing before it, or to persons who claim to be adversely affected by

testimony or other evidence adduced before it, such further rights and privileges as it may
determine. L
.

1968, c. 376, s. 7( eff. Dec. 27, 1968.

52:13E-8, Dissemination of evidence adduced at private hearing

Except in the course of subsequent hearing which is open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview before a committee or other multimember investigating agency shall be disseminated or made available to the public by any member of the agency, its counsel or employees, except with the approval of a majority of the members of such agency. Any person who violates the provisions of this subdivision shall be adjudged a disorderly person.
,

1968, c. 376,

8, eff. Dec. 27, 1968.

52:13E-9. Hearing conducted by temporary state commission No temporary State commission having more than two members shall have the power to take testimony at a public or private hearing unless at least two of its members are present at such hearing. Nothing in this section, however, shall be deemed to prevent the State Commission of Investigation from conducting private hearings, on an investigation previously undertaken by a majority of the members of the commission, with one commissioner present, when so designated by resolution pursuant to the provisions of section 12 of P.L.1968, c. 266 (C. 52:9M-12). L 1968, c. 376, s. 9, eff. Dec. 27,1968. Amended by L. 1984, c. 110, s. 5, eff.
.

Aug. 3, 1984.

52:13E-10. Right of members to file statement of minority views Nothing in this act shall be construed to affect, diminish or impair the right, under any other provision of law, rule or custom, of any member or group of members of a
committee or other multimember investigating agency to file a statement or statements of minority views to accompany and be released with or subsequent to the report of the committee or agency. L 1968, c. 376, s. 10, eff. Dec. 27, 1968.
.

Chapter 13 of Title 52 of the Revised Statutes


Article 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; legal and clerical
assistance

Any joint committee of the legislature, any standing committee of either house, or any special committee directed by resolution to enter upon any investigation or inquiry, the pursuit of which shall necessitate the attendance of persons or the production of books or papers, shall have power to compel the attendance before it of such persons as witnesses and the production before it of such books and papers as it may deem necessary, proper
and relevant to the matter under investigation. Any such committee shall also have the

power to employ such legal and clerical assistance as it may deem necessary to the proper
conduct of the investigation.
52:13-2. Summons for witnesses; execution

If any person upon being summoned in writing by order of any committee mentioned in section 52:13-1 of this title to appear before such committee and testify, fails to obey such summons, the speaker of the house of assembly or the president of the senate may, upon application to him, by warrant under his hand order the sergeant at arms of the house over which he presides to arrest such person and bring him before the committee, and the sergeant at arms shall thereupon execute the warrant to him so directed.
52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusal
to answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or any other law to conduct an investigation or inquiry shall be entitled to receive the same fees

and mileage as persons summoned to testify in the courts of the state. All such witnesses may be sworn by any member of the committee conducting the investigation or inquiry;
and all witnesses sworn before any such committee shall answer truly all questions put to them which the committee shall decide to be proper and pertinent to the investigation or

inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No
such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to any such questions shall be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the witness for perjury in respect to his answers to such questions. Any witness who refuses to answer any questions decided by the committee to be

proper and pertinent shall be guilty of a misdemeanor; and any witness who, having been summoned to appear before any such committee, fails to appear in obedience to the summons or, appearing, refuses to be sworn shall be guilty of a misdemeanor.
52:13-4. Expenses of investigations; payment The state treasurer shall, upon the warrant of the state comptroller, pay the fees and mileage of witnesses called, the compensation of legal and clerical assistance employed

and the expenses of the sergeant at arms of either house in the execution of warrants

pursuant to section 52:13-2 of this title, when the same shall be certified as correct and necessary by the chairman of the committee under whose authority and by whose order the same shall have been incurred, but only when the chairman,s certificate has received
the approval of the governor.

Article 2. Contempts of Joint Legislative Committees.


52:13-5. What constitutes contempt; report thereof to legislature

Whenever, in any investigation or inquiry by any committee constituted by joint resolution of the legislature to enter upon or make such investigation or inquiry, any witness summoned or subpoenaed to appear before such committee to testify or to produce books, documents, papers or records, shall willfully neglect or refuse to appear in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce any books, documents, papers or records commanded to be produced by the summons or subpoena, or shall refuse to be sworn or affirmed, or shall refuse to answer any question put to him which the committee shall decide to be proper and pertinent to such investigation or inquiry, or shall in any other way contemn the authority or privileges of the legislature, and the facts alleged to constitute any such contempt shall have been reported by any such committee to the legislature, the alleged contemner shall be tried, and the alleged contempt determined, as hereinafter provided.
52:13-6. Joint session to determine alleged contempt; order for arrest; service The senate and general assembly may by concurrent resolution direct that the senate

and general assembly meet in joint session at a time and place therein fixed for the purpose of hearing the evidence and arguments regarding the alleged contempt and may order that a warrant, directed to any sergeant at arms of either house or of the joint session or to any sheriff, police officer, member of the state police, constable or other peace oficer, issue in such manner as shall be prescribed in and by the concurrent resolution for the arrest of the alleged contemner and the production of him at the bar of such joint session, there to be heard.
52:13-7. Hearing by joint session

At the time and place fixed as aforesaid, or at any adjournment, the joint session shall
sit and summarily hear the evidence and the arguments relating to the alleged contempt. The joint session shall adjourn from time to time until the matter shall have been

disposed of and the alleged contemner shall appear and attend at each and every such adjourned session.
52:13-8. Contemner,s rights

Any alleged contemner shall have the right to be heard before the joint session, to be represented by counsel, to call witnesses in his behalf, and to examine and cross-examine
witnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolution After the joint session shall have heard the evidence and such arguments as may be made, the senate and the general assembly shall separately convene and shall separately

consider and determine the alleged contempt; and the determination shall be by a concurrent resolution, which may originate in either house.
52:13-10. Sentence; order of commitment

Any person found to be guilty of a contempt of the legislature by a concurrent


resolution of the two houses thereof, as hereinbefore provided, may be sentenced to

imprisonment in the state prison or in the common jail of any county for any period not exceeding six months as shall be directed in and by the concurrent resolution determining the contempt, for the execution of which such concurrent resolution may order that a commitment shall issue, directed to any sheriff, police officer, member of the state police, constable or other peace officer, and to the keeper of the state prison or the keeper of the common jail of any county, which commitment shall be signed by the president of the senate and the speaker of the house of assembly in office at the date of the issue thereof.
52:13-11. Continuing validity of commitment Any commitment issued in accordance with section 52:13-10 of this title shall remain valid and effective until the imprisonment therein set forth shall have been served, notwithstanding the legislature which directed the issue of the commitment may meanwhile have adjourned or ended.
52:13-12. Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended for hearing on
a charge of contempt under a warrant issued by direction of a concurrent resolution as provided in section 52:13-6 of this Title, in such amount and with such surety as the judge shall determine to be reasonable, to appear before the Joint Session of the Legislature, at the time and place fixed by the warrant as well as at any and all adjournments thereof, and to stand to and abide such determination and sentence as may thereafter be found or imposed against the person so apprehended. Such recognizances shall run in favor of the State of New Jersey and shall be filed by the judge in the office of the Secretary of State.
Amended by L.1953, c. 49, p. 853, s. 2.

52:13-13. Powers given additional to other powers The powers given by this article shall be in addition to the powers given by article 1 of this chapter (s. 52:13-1 et seq.).

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STATE OF NEW JERSEY

Select Committee on Investigation


to

Christina Genovese

Office of the Governor


PO Box 001

Trenton, New Jersey 08625

SUBPOENA

Duces Tecum

Writ Returnable on or before

5:00 p.m., February 3, 2014


to

Select Committee on Investigation


c/o Charles A. Buono, Jr.

Office of Legislative Services


State House Annex

PO Box 068

Trenton, New Jersey 08625

JOHNS. WISNll-WSKI
< 'Mr

MAKLKNG CARIDIi ! 'icv (. 'hair


LOUIS I). CIKIii-NVVAI.l')

CHARLES A. BUONO, JR.

GORDON M. JOHNSON
I"Al/L U. MORIARI V I INDA STLNDiiR VALERIE VAINiEK! HUTTLE BONNIi; WATSON OOLIiMAN
.

Office of Ugishtivr Services


Com/nillee Aide

(609) 8-17-:.S40 [009)292-0561 iitx

MICHALI. PATRICK CARROL! BETTYLOU DcCROCE


AMY H IIAND1..IN HOLLY T. SOIP.PI.S1

SELECT COMMITTEE ON INVESTIGATION


STATE HOUSE ANNEX
PO BOX 068
TRENTON Ni 08625-0068

January 16, 2014

Mr. Charles McKenna Office of the Governor PO Box 001

Trenton, New Jersey 08625


Dear Mr. McKenna:

Please find attached hereto a subpoena requesting certain documents concerning all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power. The Select Committee on Investigation would accept mail or messenger delivery of the requested records at the following address on or before 5:00 p m., February 3, 2014: Charles A. Buono, Jr., Office of Legislative Services, State House Annex, PO Box 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair Procedure. The preferred method of delivery of the requested records is compact disk or DVD or
.

similar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J.
Schar, Jenner & Block LLP, at (312) 923-2629.

Reid J. Schar, Jenner & Block LLP

Aaron Binder, Assembly Majority Office Keith Laughlin, Assembly Republican Office Glen Beebe, Assembly Republican Office Charles A. Buono, Jr., Office of Legislative Services

SELECT COMMITTEE ON INVESTIGATION

SUBPOENA

TO

Charles McKenna Office of the Governor


PO Box 001

Trenton, New Jersey 08625

WE COMMAND YOU, Laying aside all and singular business and excuses

to

produce all books, papers, correspondence, other documents and materials, and electronic

records and data described below, that you have in your possession or have access to relevant

to the Select Committee on Investigation,s inquiry and investigation into all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey
, ,

including, but not limited to, the reassignment of access lanes in Fort Lee New Jersey to the

George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power, as more particularly set forth
on the attached Schedule A. These books, papers, correspondence other documents and
,
.

materials, and electronic records and data shall be returned on or before 5:00 p.m Monday,
,

February 3, 2014 to:

Charles A. Buono, Jr., Office of Legislative Services State House


,

Annex, PO Box 068, Trenton, New Jersey 08625. The Select Committee on Investigation was constituted as a special committee of the General Assembly pursuant to Assembly Resolution No. 10 duly passed by the General Assembly of the State of New Jersey on January 16 2014.
,

Your production of documents is governed by the Code of Fair Procedure and Chapter
13 of Title 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to you herewith.

Failure to comply with this Subpoena shall make you liable for such penalties as are
provided by law.

SCHEDULE A

(to Subpoena dated January 16, 2014, issued by the Select Committee on Investigation.)
Please deliver the following:
1
.

All communications of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a BBM messages"), any and all "instant messages" or other electronically stored data or information, including, without limitation, any instant messages sent via any web or cellular phone based messaging systems, whether exchanged via use of a personal computational device, including without limitation devices commonly known as 'desktops,, 'laptops', <smartbooks,, 'tablets,, smartphones cellular phones or iPads,, and exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
"

"

"

'

'

'

'

'

All documents and records of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions text messages, Blackberry Messenger messages (a/k/a "BBM messages"), any and all "instant messages whether sent via a personal computational device or cellular phone via any and all web or cellular phone based messaging systems, any other electronically stored data or information which is currently stored on any and all personal computational devices in your possession, dominion, or control, including, without limitation, devices
, "

commonly known as desktops', 'laptops', 'smartbooks', 'tablets', 'smartphones, cellular phones or iPads', exchanged between you and any other person or entity whether used by you in a business, personal, or any other capacity, between September 1 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9 2013 through September 13, 2013.
, ' , ' , ,
,

'

All documents of any kind whatsoever sufficient to show the date, time, originating and receiving telephone number, originating cell site and sector, and duration for all incoming and outgoing calls for any phone number associated with you in your personal capacity or in your capacity as an employee of the State of New Jersey, or any other capacity, between September 3, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
All documents of any kind whatsoever evidencing electronic mail communications sent via any and all personal computational devices in your possession dominion, or control, including without limitation devices commonly known as desktops', 'laptops', smartbooks tablets', 'smartphones,, 'cellular phones,, or 'iPads, whether used by
,

'

'

'

'

you in a business, personal, or any other capacity, relative to any and all

communications between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
5
.

All video and audio recordings, and all voice mails, regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
All calendars, day planners, notes, and/or diaries from September 1, 2012 to the
present.

Please produce a log of any documents and/or correspondence withheld from production on the basis of any claimed privilege or protection, or withheld or redacted for any reason, and retain such documents and/or correspondence.

Code of Fair Procedures


52:13E~1. Definitions As used in this act:

(a) "Agency" means any of the following while engaged in an investigation or inquiry: (1) the Governor or any person or persons appointed by him acting pursuant to P L 1941, c. 16, s. 1 (C. 52:15-7), (2) any temporary State commission or duly authorized committee thereof having the power to require testimony or the production of evidence by subpoena, or (3) any legislative committee or commission having the powers set forth
. .

in Revised Statutes 52:13-1.

(b) "Hearing" means any hearing in the course of an investigatory proceeding (other than a preliminary conference or interview at which no testimony is taken under oath) conducted before an agency at which testimony or the production of other evidence may be compelled by subpoena or other compulsory process. (c) "Public hearing" means any hearing open to the public, or any hearing, or such part thereof, as to which testimony or other evidence is made available or disseminated to the public by the agency. (d) "Private hearing" means any hearing other than a public hearing.
L
.

1968, c. 376, s. 1, eff. Dec. 27, 1968.

52:13E-2. Personal service

No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appear, a copy of this act, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the investigation shall be furnished by the agency upon request therefor by the person
summoned. L
.

1968, c. 376, s. 2, eff. Dec. 27, 1968.

52:13E-3. Right to counsel; submission of proposed questions A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public hearing may submit proposed questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may deem appropriate to its inquiry.
L
.

1968, c. 376, s. 3, eff. Dec. 27, 1968.

52:13E-4. Records of public hearings; copies A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such

testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security.
L
.

1968, c. 376, s. 4, eff. Dec. 27, 1968.

52:13E-5. Sworn statement by witness; incorporation in the record

A witness who testifies at any hearing shall have the right at the conclusion of his examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding.
L.1968, c. 376, s. 5, eff. Dec. 27, 1968.

52:13E-6. Persons affected by proceedings; appearance or statement of facts Any person whose name is mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by any member of the agency or its counsel at such a hearing tends to defame him or otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record of the investigatory proceeding. L 1968, c. 375, s. 6, eff. Dec. 27, 1968.
.

52:13E-7. Rights or privileges granted by agencies Nothing in this act shall be construed to prevent an agency from granting to witnesses appearing before it or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may
,

determine. L
.

1968, c. 376, s. 7, eff. Dec. 27, 1968.

52:13E-8. Dissemination of evidence adduced at private hearing Except in the course of subsequent hearing which is open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview before a committee or other multimember investigating agency shall be disseminated or made available to the public by any member of the agency, its counsel or employees, except with the approval of a majority of the members of such agency. Any person who violates the provisions of this subdivision shall be adjudged a disorderly person.
L
.

1968, c. 376, s. 8, eff. Dec. 27, 1968.

52:13E-9. Hearing conducted by temporary state commission

No temporary State commission having more than two members shall have the power to take testimony at a public or private hearing unless at least two of its members are present at such hearing. Nothing in this section, however, shall be deemed to prevent the State
Commission of Investigation from conducting private hearings, on an investigation previously undertaken by a majority of the members of the commission, with one commissioner present, when so designated by resolution pursuant to the provisions of section 12 of P.L.1968, c. 266 (C. 52:9M-12). L 1968, c. 376, s. 9, eff. Dec. 27,1968. Amended by L.1984, c. 110, s. 5, eff. Aug. 3, 1984.
.

52:13E-10. Right of members to file statement of minority views Nothing in this act shall be construed to affect diminish or impair the right, under any other provision of law, rule or custom, of any member or group of members of a committee or other multimember investigating agency to file a statement or statements of minority views to accompany and be released with or subsequent to the report of the committee or agency.
,

1968, c. 376, s. 10, eff. Dec. 27, 1968.

Chapter 13 of Title 52 of the Revised Statutes


Article 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; legal and clerical
assistance

Any joint committee of the legislature, any standing committee of either house, or any special committee directed by resolution to enter upon any investigation or inquiry, the pursuit of which shall necessitate the attendance of persons or the production of books or papers, shall have power to compel the attendance before it of such persons as witnesses and the production before it of such books and papers as it may deem necessary, proper and relevant to the matter under investigation. Any such committee shall also have the power to employ such legal and clerical assistance as it may deem necessary to the proper
conduct of the investigation.
52:13-2. Summons for witnesses; execution

If any person upon being summoned in writing by order of any committee mentioned in section 52:13-1 of this title to appear before such committee and testify, fails to obey such summons, the speaker of the house of assembly or the president of the senate may, upon application to him, by warrant under his hand order the sergeant at arms of the house over which he presides to arrest such person and bring him before the committee, and the sergeant at arms shall thereupon execute the warrant to him so directed. 52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusal
to answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or any other law to conduct an investigation or inquiry shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the state. All such witnesses may be sworn by any member of the committee conducting the investigation or inquiry; and all witnesses sworn before any such committee shall answer truly all questions put to them which the committee shall decide to be proper and pertinent to the investigation or inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No
such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to any such questions shall be used or admitted in evidence in any proceeding against such

witness, except in a criminal prosecution against the witness for perjury in respect to his
answers to such questions.

Any witness who refuses to answer any questions decided by the committee to be proper and pertinent shall be guilty of a misdemeanor; and any witness who, having been summoned to appear before any such committee, fails to appear in obedience to the summons or, appearing, refuses to be sworn shall be guilty of a misdemeanor.
52:13-4. Expenses of investigations; payment

The state treasurer shall, upon the warrant of the state comptroller, pay the fees and mileage of witnesses called, the compensation of legal and clerical assistance employed and the expenses of the sergeant at arms of either house in the execution of warrants

pursuant to section 52:13-2 of this title, when the same shall be certified as correct and necessary by the chairman of the committee under whose authority and by whose order the same shall have been incurred, but only when the chairman,s certificate has received the approval of the governor.
Article 2. Contempts of Joint Legislative Committees.

52:13-5. What constitutes contempt; report thereof to legislature Whenever, in any investigation or inquiry by any committee constituted by joint resolution of the legislature to enter upon or make such investigation or inquiry, any witness summoned or subpoenaed to appear before such committee to testify or to produce books, documents, papers or records, shall willfully neglect or refuse to appear in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce any books, documents, papers or records commanded to be produced by the summons or subpoena, or shall refuse to be sworn or affirmed, or shall refuse to answer any question put to him which the committee shall decide to be proper and pertinent to such investigation or inquiry, or shall in any other way contemn the authority or privileges of the legislature, and the facts alleged to constitute any such contempt shall have been reported by any such committee to the legislature, the alleged contemner shall be tried, and the alleged contempt determined, as hereinafter provided.
52:13-6. Joint session to determine alleged contempt; order for arrest; service The senate and general assembly may by concurrent resolution direct that the senate

and general assembly meet in joint session at a time and place therein fixed for the purpose of hearing the evidence and arguments regarding the alleged contempt and may order that a warrant, directed to any sergeant at arms of either house or of the joint session or to any sheriff, police officer, member of the state police, constable or other peace officer, issue in such manner as shall be prescribed in and by the concurrent resolution for the arrest of the alleged contemner and the production of him at the bar of such joint session, there to be heard.
52:13-7. Hearing by joint session At the time and place fixed as aforesaid, or at any adjournment, the joint session shall sit and summarily hear the evidence and the arguments relating to the alleged contempt. The joint session shall adjourn from time to time until the matter shall have been disposed of and the alleged contemner shall appear and attend at each and every such adjourned session. 52:13-8. Contemner,s rights Any alleged contemner shall have the right to be heard before the joint session, to be represented by counsel, to call witnesses in his behalf, and to examine and cross-examine
witnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolution After the joint session shall have heard the evidence and such arguments as may be

made, the senate and the general assembly shall separately convene and shall separately

consider and determine the alleged contempt; and the determination shall be by a concurrent resolution, which may originate in either house.
52:13-10. Sentence; order of commitment

Any person found to be guilty of a contempt of the legislature by a concurrent resolution of the two houses thereof, as hereinbefore provided, may be sentenced to

imprisonment in the state prison or in the common jail of any county for any period not exceeding six months as shall be directed in and by the concurrent resolution determining
the contempt, for the execution of which such concurrent resolution may order that a commitment shall issue, directed to any sheriff, police officer, member of the state police constable or other peace officer, and to the keeper of the state prison or the keeper of the common jail of any county, which commitment shall be signed by the president of the senate and the speaker of the house of assembly in office at the date of the issue thereof.
52:13-11. Continuing validity of commitment
,

Any commitment issued in accordance with section 52:13-10 of this title shall remain valid and effective until the imprisonment therein set forth shall have been served notwithstanding the legislature which directed the issue of the commitment may meanwhile have adjourned or ended.
,

52:13-12. Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended for hearing on a charge of contempt under a warrant issued by direction of a concurrent resolution as provided in section 52:13-6 of this Title, in such amount and with such surety as the judge shall determine to be reasonable, to appear before the Joint Session of the Legislature, at the time and place fixed by the warrant as well as at any and all

adjournments thereof, and to stand to and abide such determination and sentence as may thereafter be found or imposed against the person so apprehended. Such recognizances shall run in favor of the State of New Jersey and shall be filed by the judge in the office
of the Secretary of State. Amended by L.1953, c. 49, p. 853, s. 2. 52:13-13. Powers given additional to other powers The powers given by this article shall be in addition to the powers given by article 1 of this chapter (s. 52:13-1 et seq.).

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STATE OF NEW JERSEY

Select Committee on Investigation


to

Charles McKenna
Office of the Governor PO Box 001

Trenton, New Jersey 08625

SUBPOENA

Duces Tecum

Writ Returnable on or before

5:00 p.m., February 3, 2014


to

Select Committee on Investigation


c/o Charles A. Buono, Jr.

Office of Legislative Services


State House Annex
PO Box 068

Trenton, New Jersey 08625

JOHN S. WISNIKWSKI
( h, tir
~

MARLKNH CARIDE
I .!. Chair

LOUIS D. GK!.!i;N\VAI.,l.) GORDON .M. JOHNSON


I>AUL IX MORIAR I V
,

CHARLES A. BUONO, JR.

ojl.vgiskiHvc &n>/ce.v
C ommiUee Aide
.

LINDA STHNDiiR VALERIE VAJNIER.1 HUTTLE BONNIE WATSON COUiMAN MICHAf-f. PATRICK CARROi.l. BETTYI..OU !>;CROCE
AMY li HANDI..1N HOI.I..Y T. SCHI'-iPISI

elt 3trst{ t*tt 3Gtfifl*trf


SELECT COMMITTEE ON INVESTIGATION
STATE HOUSE ANNEX
PO BOX 068
'

(609) S'I7-3S40
(609) 292-0S6I fax

[ RONTON Nj 08625-0068

"

January 16, 2014

Mr. Kevin O'Dowd Office of the Governor


PO Box 001

Trenton, New Jersey 08625


Dear Mr. O,Dowd:

Please find attached hereto a subpoena requesting certain documents concerning all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power. The Select Committee on Investigation would accept mail or messenger delivery of the requested records at the following address on or before 5:00 p m February 3, 2014: Charles A. Buono, Jr., Office of Legislative Services, State House Annex, PO Box 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair Procedure. The preferred method of delivery of the requested records is compact disk or DVD or
. .,

similar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J. Schar, Jenner & Block LLP, at (312) 923-2629.

SELEC

5ATION

JW/kj
Enclosures

c Members - Select Committee on Investigation


Reid J. Schar, Jenner & Block LLP

Aaron Binder, Assembly Majority Office Keith Laughlin, Assembly Republican Office
Glen Beebe, Assembly Republican Office Charles A. Buono, Jr., Office of Legislative Services

SELECT COMMITTEE ON INVESTIGATION

SUBPOENA

TO

Kevin O,Dowd

Office of the Governor


PO Box 001

Trenton, New Jersey 08625

WE COMMAND YOU, Laying aside all and singular business and excuses, to

produce all books, papers, correspondence, other documents and materials, and electronic
records and data described below, that you have in your possession or have access to relevant
to the Select Committee on Investigation's inquiry and investigation into all aspects of the

finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the
George Washington Bridge, and any other matter raising concerns about abuse of government

power or an attempt to conceal an abuse of government power, as more particularly set forth
on the attached Schedule A. These books, papers, correspondence, other documents and

materials, and electronic records and data shall be returned on or before 5:00 p.m., Monday,

February 3, 2014 to:

Charles A. Buono, Jr., Office of Legislative Services, State House


The Committee was constituted as a

Annex, PO Box 068, Trenton, New Jersey 08625.

special committee of the General Assembly pursuant to Assembly Resolution No. 10 duly

passed by the General Assembly of the State of New Jersey on January 16, 2014. Your production of documents is governed by the Code of Fair Procedure and Chapter
13 of Title 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to
you herewith.

Failure to comply with this Subpoena shall make you liable for such penalties as are provided by law.

WITNESS, the hand of The Honorable JohnVS. Wi/ni wci, Chairman of the Select
Committee on Investigation, on this 16th day pf January, 2014.

Joftn

Wrsfffewski, Chairman

Sqlect Committee on Investigation

SCHEDULE A

(to Subpoena dated January 16, 2014, 'ssued by the Se'ect Comm'ttee on 'nvest'gat'on.)
P'ease de''ver the fo''ow'ng:
1
.

A'' commun'cat'ons of any 'dnd, 'nc'ud'ng, but not ''m'ted to, any correspondence, notes, documents, e'ectron'c ma'' transm'ss'ons, text messages, B'ackberry Messenger messages (a'k'a BBM messages"), any and a'' "'nstant messages" or other e'ectron'ca''y stored data or 'nformat'on, 'nc'ud'ng, w'thout ''m'tat'on, any 'nstant messages sent v'a any web or ce''u'ar phone based messag'ng systems, whether
"

"

"

exchanged v'a use of a persona' computat'ona' dev'ce, 'nc'ud'ng w'thout ''m'tat'on


dev'ces common'y known as 'desktops,, ''aptops,, 'smartbooks', 'tab'ets', smartphones ce''u'ar phones or 'Pads', and exchanged between you and any other person or ent'ty, whether used by you 'n a bus'ness, persona', or any other capac'ty, between September 1, 2012 and the present date regard'ng the reduct'on from three to one of the eastbound Fort Lee, New Jersey access 'anes to the George Wash'ngton Br'dge from September 9, 2013 through September 13, 2013.
' ,
'

'

A'' documents and records of any k'nd, 'nc'ud'ng, but not ''m'ted to, any correspondence, notes, documents, e'ectron'c ma'' transm'ss'ons, text messages, B'ackberry Messenger messages (a'k'a "BBM messages"), any and a'' "'nstant messages whether sent v'a a persona' computat'ona' dev'ce or ce''u'ar phone v'a any and a'' web or ce''u'ar phone based messag'ng systems, any other e'ectron'ca''y stored data or 'nformat'on wh'ch 's current'y stored on any and a'' persona' computat'ona' dev'ces 'n your possess'on, dom'n'on, or contro', 'nc'ud'ng, w'thout ''m'tat'on, dev'ces common'y known as desktops', ''aptops', 'smartbooks', 'tab'ets', 'smartphones', ce''u'ar phones or 'Pads,, exchanged between you and any other person or ent'ty, whether used by you 'n a bus'ness, persona', or any other capac'ty, between September 1 2012 and the present date regard'ng the reduct'on from three to one of the eastbound Fort Lee, New Jersey access 'anes to the George Wash'ngton Br'dge from September 9 2013 through September 13, 2013.
" ' ' , ' , , ,

A'' documents of any k'nd whatsoever suff'c'ent to show the date, t'me, or'g'nat'ng and rece'v'ng te'ephone number, or'g'nat'ng ce'' s'te and sector, and durat'on for a'' 'ncom'ng and outgo'ng ca''s for any phone number assoc'ated w'th you 'n your persona' capac'ty or 'n your capac'ty as an emp'oyee of the State of New Jersey, or any other capac'ty, between September 1, 2012 and the present date regard'ng the reduct'on from three to one of the eastbound Fort Lee, New Jersey access 'anes to the George Wash'ngton Br'dge from September 9, 2013 through September 13, 2013.
A'' documents of any k'nd whatsoever ev'denc'ng e'ectron'c ma'' commun'cat'ons sent v'a any and a'' persona' computat'ona' dev'ces 'n your possess'on, dom'n'on, or contro', 'nc'ud'ng w'thout ''m'tat'on dev'ces common'y known as desktops', 1'aptops,,
'

tab'ets', 'smartphones,, 'ce''u'ar phones,, or ''Pads,, whether used by you 'n a bus'ness, persona', or any other capac'ty, re'at've to any and a''
smartbooks
,

'

'

'

communications between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
5
.

All video and audio recordings, and all voice mails, regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013. All calendars, day planners, notes, and/or diaries from September 1, 2012 to the
present.

Please produce a log of any documents and/or correspondence withheld from production on the basis of any claimed privilege or protection, or withheld or redacted for any
reason, and retain such documents and/or correspondence.

Code of Fair Procedure


52:13E-1. Definitions

As used in this act:

(a) "Agency" means any of the following while engaged in an investigation or inquiry: (1) the Governor or any person or persons appointed by him acting pursuant to P L 1941, c. 16, s. 1 (C. 52:15-7), (2) any temporary State commission or duly authorized committee thereof having the power to require testimony or the production of evidence by subpoena, or (3) any legislative committee or commission having the powers set forth
. .

in Revised Statutes 52:13-1.

(b) "Hearing" means any hearing in the course of an investigatory proceeding (other than a preliminary conference or interview at which no testimony is taken under oath) conducted before an agency at which testimony or the production of other evidence may be compelled by subpoena or other compulsory process. (c) "Public hearing" means any hearing open to the public, or any hearing, or such part thereof, as to which testimony or other evidence is made available or disseminated to the public by the agency. (d) "Private hearing" means any hearing other than a public hearing.
L
.

1968, c. 376, s. 1, eff. Dec. 27,1968.

52:13E-2. Personal service

No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appeal", a copy of this act, and a general statement of the subject of the investigation. A

copy of the resolution, statute, order or other provision of law authorizing the investigation shall be furnished by the agency upon request therefor by the person
summoned.
L
.

1968, c. 376, s. 2, eff. Dec. 27, 1968.

52:13E-3. Right to counsel; submission of proposed questions A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his rights, subject to reasonable

limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public hearing may submit proposed questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may deem appropriate to its inquiry.
L
.

1968, c. 376, s. 3, eff. Dec. 27, 1968.

52:13E-4. Records of public hearings; copies

A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such

testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security.
L
.

1968, c. 376, s. 4, eff. Dec. 27, 1968.

52:13E-5. Sworn statement by witness; incorporation in the record A witness who testifies at any hearing shall have the right at the conclusion of his examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding. L.1968, c. 376, s. 5, eff. Dec. 27, 1968.
52:13E-6. Persons affected by proceedings; appearance or statement of facts

Any person whose name is mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by any member of the agency or its counsel at such a hearing tends to defame him or otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a
statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record of the investigatory proceeding.
L
.

1968, c. 375, s. 6, eff. Dec. 27, 1968.

52:13E-7. Rights or privileges granted by agencies Nothing in this act shall be construed to prevent an agency from granting to witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may
determine.
L
.

1968, c. 376, s. 7, eff. Dec. 27, 1968.

52:13E-8. Dissemination of evidence adduced at private hearing

Except in the course of subsequent hearing which is open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview before a committee or other
multimember investigating agency shall be disseminated or made available to the public by any member of the agency, its counsel or employees, except with the approval of a

majority of the members of such agency. Any person who violates the provisions of this
subdivision shall be adjudged a disorderly person. L 1968, c. 376, s. 8, eff. Dec. 27, 1968.
.

52:13E-9. Hearing conducted by temporary state commission No temporary State commission having more than two members shall have the

power to take testimony at a public or private hearing unless at least two of its members are present at such hearing. Nothing in this section, however, shall be deemed to prevent the State
Commission of Investigation from conducting private hearings, on an investigation previously undertaken by a majority of the members of the commission, with one commissioner present, when so designated by resolution pursuant to the provisions of
section 12 of P.L.1968, c. 266 (C. 52:9M-12). L 1968, c. 376, s. 9, eff. Dec. 27,1968. Amended by L.1984, c. 110, s. 5, eff. Aug. 3, 1984.
.

52:13E-10. Right of members to file statement of minority views Nothing in this act shall be construed to affect, diminish or impair the right, under any other provision of law, rule or custom, of any member or group of members of a committee or other multimember investigating agency to file a statement or statements of minority views to accompany and be released with or subsequent to the report of the
committee or agency. L 1968, c. 376, s. 10, eff. Dec. 27,1968.
.

Chapter 13 of Title 52 of the Revised Statutes


Article 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; legal and clerical
assistance

Any joint committee of the legislature, any standing committee of either house, or any special committee directed by resolution to enter upon any investigation or inquiry, the pursuit of which shall necessitate the attendance of persons or the production of books or papers, shall have power to compel the attendance before it of such persons as witnesses and the production before it of such books and papers as it may deem necessary, proper and relevant to the matter under investigation. Any such committee shall also have the power to employ such legal and clerical assistance as it may deem necessary to the proper conduct of the investigation.
52:13-2. Summons for witnesses; execution

If any person upon being summoned in writing by order of any committee mentioned in section 52:13-1 of this title to appear before such committee and testify, fails to obey such summons, the speaker of the house of assembly or the president of the senate may,

upon application to him, by warrant under his hand order the sergeant at arms of the house over which he presides to arrest such person and bring him before the committee, and the sergeant at arms shall thereupon execute the warrant to him so directed.
52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusal
to answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or any other law to conduct an investigation or inquiry shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the state. All such witnesses may be sworn by any member of the committee conducting the investigation or inquiry; and all witnesses sworn before any such committee shall answer truly all questions put to them which the committee shall decide to be proper and pertinent to the investigation or inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to any such questions shall be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the witness for perjury in respect to his answers to such questions. Any witness who refuses to answer any questions decided by the committee to be proper and pertinent shall be guilty of a misdemeanor; and any witness who, having been summoned to appear before any such committee, fails to appear in obedience to the summons or, appearing, refuses to be sworn shall be guilty of a misdemeanor.
52:13-4. Expenses of investigations; payment The state treasurer shall, upon the warrant of the state comptroller, pay the fees and mileage of witnesses called, the compensation of legal and clerical assistance employed

and the expenses of the sergeant at arms of either house in the execution of warrants

pursuant to section 52:13-2 of this title, when the same shall be certified as correct and necessary by the chairman of the committee under whose authority and by whose order the same shall have been incurred, but only when the chairman,s certificate has received the approval of the governor.
Article 2. Contempts of Joint Legislative Committees. 52:13-5. What constitutes contempt; report thereof to legislature

Whenever, in any investigation or inquiry by any committee constituted by joint resolution of the legislature to enter upon or make such investigation or inquiry, any witness summoned or subpoenaed to appear before such committee to testify or to produce books, documents, papers or records, shall willfully neglect or refuse to appear in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce any books, documents, papers or records commanded to be produced by the summons or subpoena, or shall refuse to be sworn or affirmed, or shall refuse to answer any question put to him which the committee shall decide to be proper and pertinent to such investigation or inquiry, or shall in any other way contemn the authority or privileges of the legislature, and the facts alleged to constitute any such contempt shall have been reported by any such committee to the legislature, the alleged contemner shall be tried, and the alleged contempt determined, as hereinafter provided.
52:13-6. Joint session to determine alleged contempt; order for arrest; service The senate and general assembly may by concurrent resolution direct that the senate

and general assembly meet in joint session at a time and place therein fixed for the purpose of hearing the evidence and arguments regarding the alleged contempt and may
order that a warrant, directed to any sergeant at arms of either house or of the joint session or to any sheriff, police officer, member of the state police, constable or other peace officer, issue in such manner as shall be prescribed in and by the concurrent resolution for the arrest of the alleged contemner and the production of him at the bar of such joint session, there to be heard.
52:13-7. Hearing by joint session

At the time and place fixed as aforesaid, or at any adjournment, the joint session shall sit and summarily hear the evidence and the arguments relating to the alleged contempt. The joint session shall adjourn from time to time until the matter shall have been

disposed of and the alleged contemner shall appear and attend at each and every such
adjourned session.
52:13-8. Contemner,s rights

Any alleged contemner shall have the right to be heard before the joint session, to be represented by counsel, to call witnesses in his behalf, and to examine and cross-examine
witnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolution After the joint session shall have heard the evidence and such arguments as may be made, the senate and the general assembly shall separately convene and shall separately

consider and determine the alleged contempt; and the determination shall be by a
concurrent resolution, which may originate in either house.
52:13-10. Sentence; order of commitment

Any person found to be guilty of a contempt of the legislature by a concurrent resolution of the two houses thereof, as hereinbefore provided may be sentenced to imprisonment in the state prison or in the common jail of any county for any period not exceeding six months as shall be directed in and by the concurrent resolution determining the contempt, for the execution of which such concurrent resolution may order that a commitment shall issue, directed to any sheriff police officer, member of the state police,
, ,

constable or other peace officer, and to the keeper of the state prison or the keeper of the common jail of any county, which commitment shall be signed by the president of the
senate and the speaker of the house of assembly in office at the date of the issue thereof.
52:13-11. Continuing validity of commitment Any commitment issued in accordance with section 52:13-10 of this title shall remain valid and effective until the imprisonment therein set forth shall have been served
,

notwithstanding the legislature which directed the issue of the commitment may meanwhile have adjourned or ended.
52:13-12. Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended for hearing on a charge of contempt under a warrant issued by direction of a concurrent resolution as provided in section 52:13-6 of this Title, in such amount and with such surety as the judge shall determine to be reasonable, to appear before the Joint Session of the Legislature, at the time and place fixed by the warrant as well as at any and all

adjournments thereof, and to stand to and abide such determination and sentence as may thereafter be found or imposed against the person so apprehended. Such recognizances shall run in favor of the State of New Jersey and shall be filed by the judge in the office
of the Secretary of State. Amended by L.1953, c. 49, p. 853, s. 2.
52:13-13. Powers given additional to other powers The powers given by this article shall be in addition to the powers given by article 1 of this chapter (s. 52:13-1 et seq.).

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STATE OF NEW JERSEY

Select Committee on Investigation


to

Kevin O'Dowd Office of the Governor PO Box 001

Trenton, New Jersey 08625

SUBPOENA

Duces Tecum

Writ Returnable on 01* before

5:00 p.m., February 3, 2014


to

Select Committee on Investigation


c/o Charles A. Buono, Jr.

Office of Legislative Services


State House Annex PO Bos 068

Trenton, New Jersey 08625

iOHNS WISNIEWSK) Chair


.

MARI.IiNIi CAKliHI 'ux l~hair


I OUIS f> GRlrENWALO
.

CHARLES A. liUON,O, JR.

GORDON M. JOHNSON PAUL IJ. MORiARTY


I 1NDA STIiNOfiR
.

Of/kv of legislative Services( ommittcc Aide


'
.

VALERIE VAIN1F.RI MUTTLE

BONNU- WATSON COLEMAN M1CHAF;!., PATRICK CARROi.l BETTYLOU DeCROCE


AMVH I iANDLIN IIOU..Y T. SCHi-i.lS!

fttmft ixt*
SELECT COMMITTEE ON INVESTIGATION
STATE HOUSE ANNEX
PC) BOX 068 TRENTON NJ 08625-0068

(609) S47-;>8<tO
(609) 292-0561 fax

January 16, 2014

Office of the Governor

Attn: Custodian of Records PO Box 001

Trenton, New Jersey 08625


Dear Custodian of Records:

Please find attached hereto a subpoena requesting certain documents concerning all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power. The Select Committee on Investigation would accept mail or messenger delivery of the requested records at the following address on or before 5:00
m February 3, 2014: Charles A. Buono, Jr., Office of Legislative Services, State House Annex, PO Box 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair Procedure. The preferred method of delivery of the requested records is compact disk or DVD or

.,

similar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J. Schar, Jenner & Block LLP, at (312) 923-2629.

Reid J. Schar, Jenner & Block LLP

Aaron Binder, Assembly Majority Office Keith Laughlin, Assembly Republican Office Glen Beebe, Assembly Republican Office Charles A. Buono, Jr., Office of Legislative Services

SELECT COMMITTEE ON INVESTIGATION

SUBPOENA

TO

Office of the Governor Attn: Custodian of Records PO Box 001

Trenton, New Jersey 08625

WE COMMAND YOU, Laying aside all and singular business and excuses, to

produce all books, papers, correspondence, other documents and materials, and electronic
records and data described below, that you have in your possession or have access to relevant to the Select Committee on Investigation s inquiry and investigation into all aspects of the
'

finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power, as more particularly set forth
on the attached Schedule A. These books, papers, correspondence, other documents and

materials, and electronic records and data shall be returned on or before 5:00 p.m., Monday,

February 3, 2014 to:

Charles A. Buono, Jr., Office of Legislative Services, State House

Annex, PO Box 068, Trenton, New Jersey 08625. The Select Committee on Investigation was

constituted as a special committee of the General Assembly pursuant to Assembly Resolution No. 10 duly passed by the General Assembly of the State of New Jersey on January 16, 2014.
Your production of documents is governed by the Code of Fair Procedure and Chapter
13 of Title 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to

you herewith.

Failure to comply with this Subpoena shall make you liable for such penalties as are
provided by law.

WITNESS, the hand of The Hon Committee on Investigation, on this 16th d

liewski, Chairman of the Select

S Wisniewski, Chairman
.

jet Committee on Investigation

SCHEDULE A

(to Subpoena dated January 16, 2014, 'ssued by the Se'ect Comm'ttee on 'nvest'gat'on.)
P'ease de''ver the fo''ow'ng:
1
.

A'' commun'cat'ons of any k'nd, 'nc'ud'ng, but not ''m'ted to, any correspondence, notes, documents, e'ectron'c ma'' transm'ss'ons, text messages, B'ackberry Messenger messages (a'k'a BBM messages"), any and a'' "'nstant messages" or other e'ectron'ca''y stored data or 'nformat'on, 'nc'ud'ng, w'thout ''m'tat'on, any 'nstant messages sent v'a any web or ce''u'ar phone based messag'ng systems, whether exchanged v'a use of a persona' computat'ona' dev'ce, 'nc'ud'ng w'thout ''m'tat'on dev'ces common'y known as 'desktops,, ''aptops,, 'smartbooks', 'tab'ets,, smartphones ce''u'ar phones or 'Pads,, and exchanged between you and any other person or ent,ty, whether used by you ,n a bus,ness, persona,, or any other capac,ty, between September 1, 2012 and the present date regard,ng the reduct,on from three to one of the eastbound Fort Lee, New Jersey access ,anes to the George Wash,ngton Br,dge from September 9, 2013 through September 13, 2013.
" "

"

'

'

'

A,, documents and records of any k,nd, ,nc,ud,ng, but not ,,m,ted to any correspondence, notes, documents, e,ectron,c ma,, transm,ss,ons, text messages, B,ackberry Messenger messages (a,k,a "BBM messages"), any and a,, ",nstant messages whether sent v,a a persona, computat,ona, dev,ce or ce,,u,ar phone v,a any and a,, web or ce,,u,ar phone based messag,ng systems, any other e,ectron,ca,,y stored data or ,nformat,on wh,ch ,s current,y stored on any and a,, persona, computat,ona, dev,ces ,n your possess,on, dom,n,on, or contro,, ,nc,ud,ng, w,thout ,,m,tat,on, dev,ces common,y known as desktops,, ',aptops', 'smartbooks', 'tab,ets,, 'smartphones,, ce,,u,ar phones or ,Pads', exchanged between you and any other person or ent,ty, whether used by you ,n a bus,ness, persona,, or any other capac,ty, between September 1 2012 and the present date regard,ng the reduct,on from three to one of the eastbound Fort Lee, New Jersey access ,anes to the George Wash,ngton Br,dge from September 9 2013 through September 13, 2013.
, "
' ' '

'

A,, documents of any k,nd whatsoever suff,c,ent to show the date, t,me, or,g,nat,ng and rece,v,ng te,ephone number, or,g,nat,ng ce,, s,te and sector, and durat,on for a,, incoming and outgoing calls for any phone number associated with you in your personal capacity or in your capacity as an employee of the State of New Jersey, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
All documents of any kind whatsoever evidencing electronic mail communications sent via any and all personal computational devices in your possession dominion, or control, including without limitation devices commonly known as desktops,, 'laptops,, smartbooks tablets', 'smartphones,, 'cellular phones', or 'iPads,, whether used by you in a business, personal, or any other capacity, relative to any and all
,
' '

'

'

communications between September 1, 2012 and the present date regarding the
reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
5
.

All video and audio recordings, and all voice mails, regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013. All calendars, day planners, notes, and/or diaries from September 1, 2012 to the
present.

All call and visitor logs from August 1, 2013 to December 31, 2013.

Please produce a log of any documents and/or correspondence withheld from production on the basis of any claimed privilege or protection, or withheld or redacted for any reason, and retain such documents and/or correspondence.

Code of Fair Procedure


52:13E-1. Definitions

As used in this act:

(a) "Agency" means any of the following while engaged in an investigation or inquiry: (1) the Governor or any person or persons appointed by him acting pursuant to
1941, c. 16, s. 1 (C. 52:15-7), (2) any temporary State commission or duly authorized committee thereof having the power to require testimony or the production of evidence
PL
. .

by subpoena, or (3) any legislative committee or commission having the powers set forth
in Revised Statutes 52:13-1.

(b) "Hearing" means any hearing in the course of an investigatory proceeding (other than a preliminary conference or interview at which no testimony is taken under oath) conducted before an agency at which testimony or the production of other evidence may be compelled by subpoena or other compulsory process.
(c) "Public hearing" means any hearing open to the public, or any hearing, or such part thereof, as to which testimony or other evidence is made available or disseminated to the public by the agency. (d) "Private hearing" means any hearing other than a public hearing. L 1968, c. 376, s. 1, eff. Dec. 27, 1968.
.

52:13E-2. Personal service

No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appear, a copy of this act, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the investigation shall be furnished by the agency upon request therefor by the person
summoned.
L
.

1968, c. 376, s. 2, eff. Dec. 27, 1968.

52:13E~3. Right to counsel; submission of proposed questions A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public hearing may submit proposed

questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may deem appropriate to its inquiry.
L
.

1968, c. 376, s. 3, eff. Dec. 27, 1968.

52:13E~4. Records of public hearings; copies A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such

testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security. L 1968, c. 376, s. 4, eff. Dec. 27, 1968.
.

52:13E-5. Sworn statement by witness; incorporation in the record A witness who testifies at any hearing shall have the right at the conclusion of his examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding. L 1968, c. 376, s. 5, eff. Dec. 27, 1968.
.

52:13E-6. Persons affected by proceedings; appearance or statement of facts Any person whose name is mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by any member of the agency or its counsel at such a hearing tends to defame him or otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record of the investigatory proceeding.
L
.

1968, c. 375, s. 6, eff. Dec. 27, 1968.

52:13E-7. Rights or privileges granted by agencies

Nothing in this act shall be construed to prevent an agency from granting to


witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may
determine.
L
.

1968, c. 376, s. 7, eff. Dec. 27, 1968.

52:13E-8. Dissemination of evidence adduced at private hearing Except in the course of subsequent hearing which is open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a

private hearing or preliminary conference or interview before a committee or other multimember investigating agency shall be disseminated or made available to the public by any member of the agency, its counsel or employees, except with the approval of a majority of the members of such agency. Any person who violates the provisions of this subdivision shall be adjudged a disorderly person.
L
.

1968, c. 376, s. 8, eff. Dec. 27, 1968.

52:13E-9. Hearing conducted by temporary state commission No temporary State commission having more than two members shall have the

power to take testimony at a public or private hearing unless at least two of its members are present at such hearing.
Nothing in this section, however, shall be deemed to prevent the State Commission of Investigation from conducting private hearings, on an investigation

previously undertaken by a majority of the members of the commission, with one


.

commissioner present, when so designated by resolution pursuant to the provisions of section 12 of P.L.1968, c. 266 (C. 52:9M-12). L 1968, c. 376, s. 9, eff. Dec. 27, 1968. Amended by L.1984, c. 110, s. 5, eff. Aug. 3,1984.
.

52:13E-10. Right of members to file statement of minority views Nothing in this act shall be construed to affect diminish or impair the right, under any other provision of law, rule or custom, of any member or group of members of a committee or other multimember investigating agency to file a statement or statements of minority views to accompany and be released with or subsequent to the report of the committee or agency.
,

1968, c. 376, s. 10, eff. Dec. 27, 1968.

Chapter 13 of Title 52 of the Revised Statutes


Article 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; legal and clerical
assistance

Any joint committee of the legislature, any standing committee of either house or any special committee directed by resolution to enter upon any investigation or inquiry the pursuit of which shall necessitate the attendance of persons or the production of books or papers, shall have power to compel the attendance before it of such persons as witnesses and the production before it of such books and papers as it may deem necessary proper
,
, ,

and relevant to the matter under investigation. Any such committee shall also have the

power to employ such legal and clerical assistance as it may deem necessary to the proper
conduct of the investigation.
52:13-2. Summons for witnesses; execution

If any person upon being summoned in .writing by order of any committee mentioned in section 52:13-1 of this title to appear before such committee and testify fails to obey such summons, the speaker of the house of assembly or the president of the senate may upon application to him, by warrant under his hand order the sergeant at arms of the house over which he presides to arrest such person and bring him before the committee and the sergeant at arms shall thereupon execute the warrant to him so directed
,

52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusal


to answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or any
other law to conduct an investigation or inquiry shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the state. All such witnesses

may be sworn by any member of the committee conducting the investigation or inquiry; and all witnesses sworn before any such committee shall answer truly all questions put to them which the committee shall decide to be proper and pertinent to the investigation or inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to any such questions shall be used or admitted in. evidence in any proceeding against such witness, except in a criminal prosecution against the witness for perjury in respect to his
answers to such questions. Any witness who refuses to answer any questions decided by the committee to be

proper and pertinent shall be guilty of a misdemeanor; and any witness who, having been summoned to appear before any such committee, fails to appear in obedience to the
summons or, appearing, refuses to be sworn shall be guilty of a misdemeanor.

52:13-4. Expenses of investigations; payment The state treasurer shall, upon the warrant of the state comptroller pay the fees and
,

mileage of witnesses called, the compensation of legal and clerical assistance employed
and the expenses of the sergeant at arms of either house in the execution of warrants

pursuant to section 52:13-2 of this title, when the same shall be certified as correct and necessary by the chairman of the committee under whose authority and by whose order the same shall have been incurred, but only when the chairman,s certificate has received the approval of the governor.
Article 2. Contempts of Joint Legislative Committees. 52:13-5. What constitutes contempt; report thereof to legislature

Whenever, in any investigation or inquiry by any committee constituted by joint resolution of the legislature to enter upon or make such investigation or inquiry any witness summoned or subpoenaed to appear before such committee to testify or to produce books, documents, papers or records, shall willfully neglect or refuse to appear in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce any books, documents, papers or records commanded to be produced by the summons or subpoena, or shall refuse to be sworn or affirmed, or shall refuse to answer any question put to him which the committee shall decide to be proper and pertinent to such investigation or inquiry, or shall in any other way contemn the authority or privileges of the legislature, and the facts alleged to constitute any such contempt shall have been
,

reported by any such committee to the legislature, the alleged contemner shall be tried and the alleged contempt determined, as hereinafter provided.

52:13-6. Joint session to determine alleged contempt; order for arrest; service The senate and general assembly may by concurrent resolution direct that the senate and general assembly meet in joint session at a time and place therein fixed for the

purpose of hearing the evidence and arguments regarding the alleged contempt and may order that a warrant, directed to any sergeant at arms of either house or of the joint
session or to any sheriff, police officer, member of the state police constable or other peace officer, issue in such manner as shall be prescribed in and by the concurrent resolution for the arrest of the alleged contemner and the production of him at the bar of
,

such joint session, there to be heard.

52:13-7. Hearing by joint session At the time and place fixed as aforesaid, or at any adjournment the joint session shall
,

sit and summarily hear the evidence and the arguments relating to the alleged contempt.
The joint session shall adjourn from time to time until the matter shall have been

disposed of and the alleged contemner shall appear and attend at each and every such
adjourned session. 52:13-8. Contemner,s rights Any alleged contemner shall have the right to be heard before the joint session to be represented by counsel, to call witnesses in his behalf and to examine and cross-examine
, ,

witnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolution After the joint session shall have heard the evidence and such arguments as may be made, the senate and the general assembly shall separately convene and shall separately

consider and determine the alleged contempt; and the determination shall be by a concurrent resolution, which may originate in either house.
52:13-10. Sentence; order of commitment

Any person found to be guilty of a contempt of the legislature by a concurrent


resolution of the two houses thereof, as hereinbefore provided, may be sentenced to

imprisonment in the state prison or in the common jail of any county for any period not exceeding six months as shall be directed in and by the concurrent resolution determining the contempt, for the execution of which such concurrent resolution may order that a
commitment shall issue, directed to any sheriff, police officer, member of the state police, constable or other peace officer, and to the keeper of the state prison or the keeper of the

common jail of any county, which commitment shall be signed by the president of the senate and the speaker of the house of assembly in office at the date of the issue thereof.
52:13-11. Continuing validity of commitment

Any commitment issued in accordance with section 52:13-10 of this title shall remain valid and effective until the imprisonment therein set forth shall have been served, notwithstanding the legislature which directed the issue of the commitment may
meanwhile have adjourned or ended.
52:13-12. Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended for hearing on a charge of contempt under a warrant issued by direction of a concurrent resolution as provided in section 52:13-6 of this Title, in such amount and with such surety as the judge shall determine to be reasonable, to appear before the Joint Session of the Legislature, at the time and place fixed by the warrant as well as at any and all adjournments thereof, and to stand to and abide such determination and sentence as may
thereafter be found or imposed against the person so apprehended. Such recognizances shall run in favor of the State of New Jersey and shall be iled by the judge in the office
of the Secretary of State. Amended by L.1953, c. 49, p. 853, s. 2,

52:13-13. Powers given additional to other powers

The powers given by this article shall be in addition to the powers given by article 1 of
this chapter (s. 52:13-1 et seq.).

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STATE OF NEW JERSEY

Select Committee on Investigation


to

Office of the Governor

Attn: Custodian of Records


PO Box 001

Trenton, New Jersey 08625

SUBPOENA

Duces Tecum

Writ Returnable on or before

5:00 p.m., February 3, 2014


to

Select Committee on Investigation


c/o Charles A. Buono, Jr.

Office of Legislative Services


State House Annex PO Box 068

Trenton, New Jersey 08625

I /(.1(. (. hair

LOUIS D. GREENWAi.D

CHARLES A. WiONO. JR.

GORDON M. JO! 1NS0N


l>AUL D NIGIilAI'.TY
,

Of/kv of Legislative SVnm.v


Committee Aide

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SELECT COMMITTEE ON INVESTIGATION

Sv

TRENTON NJ 08625-0068

January 16, 2014

Mr. Colin Reed Office of the Governor PO Box 001

Trenton, New Jersey 08625


Dear Mr. Reed:

Please find attached hereto a subpoena requesting certain documents concerning all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power. The Select Committee on Investigation would accept mail or messenger delivery of the requested records at the following address on or before 5:00
p

Charles A. Buono, Jr., Office of Legislative Services, State House Annex, PO Box 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair Procedure. The preferred method of delivery of the requested records is compact disk or DVD or
.

., February 3, 2014:

similar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J.
Schar, Jenner & Block LLP, at (312) 923-2629.

Aaron Binder, Assembly Majority Office Keith Laughlin, Assembly Republican Office Glen Beebe, Assembly Republican Office Charles A. Buono, Jr., Office of Legislative Services

SELECT COMMITTEE ON INVESTIGATION

SUBPOENA

TO

Colin Reed Office of the Governor


PO Box 001

Trenton, New Jersey 08625

WE COMMAND YOU, Laying aside all and singular business and excuses, to produce all books, papers, correspondence, other documents and materials, and electronic records and data described below, that you have in your possession or have access to relevant to the Select Committee on Investigation s inquiry and investigation into all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government
,

power or an attempt to conceal an abuse of government power, as more particularly set forth
on the attached Schedule A. These books, papers, correspondence, other documents and

materials, and electronic records and data shall be returned on or before 5:00 p.m., Monday,

February 3, 2014 to:

Charles A. Buono, Jr., Office of Legislative Services, State House

Annex, PO Box 068, Trenton, New Jersey 08625. The Select Committee on Investigation was

constituted as a special committee of the General Assembly pursuant to Assembly Resolution

No. 10 duly passed by the General Assembly of the State of New Jersey on January 16, 2014. Your production of documents is governed by the Code of Fair Procedure and Chapter
13 of Title 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to

you herewith. Failure to comply with this Subpoena shall make you liable for such penalties as are provided by law.

WITNESS, the hand of The Honorable John X. Wisniewski, Chairman of the Select
Committee on Investigation, on this 16th aay of January, 2014.

John S. Wisniewski, Chairman Select Committee on Investigation

SCHEDULE A

(to Subpoena dated January 16, 2014, issued by the Select Committee on Investigation.) Please deliver the following:
1
.

All communications of any kind, including, but not limited to, any correspondence,
notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a BBM messages"), any and all "instant messages" or other
"

electronically stored data or information, including, without limitation, any


"

"

instant

sent via any web or cellular phone based messaging systems, whether exchanged via use of a personal computational device, including without limitation devices commonly known as 'desktops', 'laptops', 'smartbooks,, 'tablets', smartphones cellular phones or iPads', and exchanged between you and any other
messages
' , , , ' ,
,

person or entity, whether used by you in a business, personal, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
2
.

All documents and records of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a "BBM messages"), any and all "instant messages whether sent via a personal computational device or cellular phone via any and all web or cellular phone based messaging systems, any other electronically stored data or information which is currently stored on any and all personal computational devices in your possession, dominion, or control, including, without limitation, devices commonly known as desktops', 'laptops', 'smartbooks,, 'tablets', 'smartphones', cellular phones or iPads', exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9 2013 through September 13, 2013.
" ' '
, ' ,

All documents of any kind whatsoever sufficient to show the date, time, originating and receiving telephone number, originating cell site and sector, and duration for all incoming and outgoing calls for any phone number associated with you in your personal capacity or in your capacity as an employee of the State of New Jersey, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013. All documents of any kind whatsoever evidencing electronic mail communications sent via any and all personal computational devices in your possession, dominion, or control, including without limitation devices commonly known as desktops', 'laptops,, smartbooks tablets', 'smartphones,, 'cellular phones', or 'iPads', whether used by you in a business, personal, or any other capacity, relative to any and all
' 1 , ' ,

Please produce a log of any documents and/or correspondence withheld from production on the basis of any claimed privilege or protection, or withheld or redacted for any reason, and retain such documents and/or correspondence.

p r es n t .

communications between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.

All video and audio recordings, and all voice mails, regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
All calendars, day planners, notes, and/or diaries from September 1, 2012 to the

Code of Fair Procedures


52:13E-1. Definitions As used in this act:

(a) "Agency means any of the following while engaged in an investigation or


"

inquiry: (1) the Governor or any person or persons appointed by him acting pursuant to P L 1941, c. 16, s. 1 (C. 52:15-7), (2) any temporary State commission or duly authorized committee thereof having the power to require testimony or the production of evidence by subpoena, or (3) any legislative committee or commission having the powers set forth
.
.

in Revised Statutes 52:13-1.

(b) "Hearing" means any hearing in the course of an investigatory proceeding (other than a preliminary conference or interview at which no testimony is taken under oath) conducted before an agency at which testimony or the production of other evidence may be compelled by subpoena or other compulsory process. (c) "Public hearing" means any hearing open to the public, or any hearing, or such part thereof, as to which testimony or other evidence is made available or disseminated to the public by the agency. (d) "Private hearing" means any hearing other than a public hearing.
L
.

1968, c. 376, s. 1, eff. Dec. 27,1968.

52:13E-2. Personal service

No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appear, a copy of this act, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the investigation shall be furnished by the agency upon request therefor by the person
summoned. L 1968, c. 376, s. 2, eff. Dec. 27, 1968.
.

52:13E-3. Right to counsel; submission of proposed questions A witness summoned to a hearing shall have the right to be accompanied by

counsel, who shall be permitted to advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public hearing may submit proposed questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may deem appropriate to its inquiry.
L
.

1968, c. 376, s. 3, eff. Dec. 27, 1968.

52:13E-4. Records of public hearings; copies A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such

testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security. L 1968, c. 376, s. 4, eff. Dec. 27, 1968.
.

52:13E-5. Sworn statement by witness; incorporation in the record A witness who testifies at any hearing shall have the right at the conclusion of his examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding. L 1968, c. 376, s. 5, eff. Dec. 27, 1968.
.

52:13E-6. Persons affected by proceedings; appearance or statement of facts Any person whose name is mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by any member of the agency or its counsel at such a hearing tends to defame him or otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record of the investigatory proceeding. L 1968, c. 375, s. 6, eff. Dec. 27,1968.
.

52:13E-7. Rights or privileges granted by agencies Nothing in this act shall be construed to prevent an agency from granting to witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may
determine. L
.

1968, c. 376, s. 7, eff. Dec. 27, 1968.

52:13E-8. Dissemination of evidence adduced at private hearing

Except in the course of subsequent hearing which is open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or
interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or

employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview before a committee or other
multimember investigating agency shall be disseminated or made available to the public

by any member of the agency, its counsel or employees, except with the approval of a majority of the members of such agency. Any person who violates the provisions of this subdivision shall be adjudged a disorderly person.
L
.

1968, c. 376, s. 8, eff. Dec. 27, 1968.

52:13E-9. Hearing conducted by temporary state commission No temporary State commission having more than two members shall have the power to take testimony at a public or private hearing unless at least two of its members are present at such hearing. Nothing in this section, however, shall be deemed to prevent the State Commission of Investigation from conducting private hearings, on an investigation

previously undertaken by a majority of the members of the commission, with one commissioner present, when so designated by resolution pursuant to the provisions of
section 12 ofP.L.1968, c. 266 (C, 52:9M-12). L 1968, c. 376, s. 9, eff. Dec. 27, 1968. Amended by L.1984, c. 110, s. 5, eff.
.

Aug. 3, 1984.

52:13E-10. Right of members to file statement of minority views Nothing in this act shall be construed to affect, diminish or impair the right under any other provision of law, rule or custom, of any member or group of members of a committee or other multimember investigating agency to file a statement or statements of minority views to accompany and be released with or subsequent to the report of the
,

committee or agency. L 1968, c. 376, s. 10, eff. Dec. 27, 1968.


.

Chapter 13 of Title 52 of the Revised Statutes


Article 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; legal and clerical
assistance

Any joint committee of the legislature, any standing committee of either house, or any special committee directed by resolution to enter upon any investigation or inquiry, the

pursuit of which shall necessitate the attendance of persons or the production of books or papers, shall have power to compel the attendance before it of such persons as witnesses and the production before it of such books and papers as it may deem necessary, proper
and relevant to the matter under investigation. Any such committee shall also have the

power to employ such legal and clerical assistance as it may deem necessary to the proper
conduct of the investigation.
52:13-2. Summons for witnesses; execution

If any person upon being summoned in writing by order of any committee mentioned in section 52:13-1 of this title to appear before such committee and testify, fails to obey such summons, the speaker of the house of assembly or the president of the senate may,

upon application to him, by warrant under his hand order the sergeant at arms of the
house over which he presides to arrest such person and bring him before the committee, and the sergeant at arms shall thereupon execute the warrant to him so directed. 52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusal
to answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or any other law to conduct an investigation or inquiry shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the state. All such witnesses

may be sworn by any member of the committee conducting the investigation or inquiry;
and all witnesses sworn before any such committee shall answer truly all questions put to them which the committee shall decide to be proper and pertinent to the investigation or

inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No
such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to any such questions shall be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the witness for perjury in respect to his answers to such questions. Any witness who refuses to answer any questions decided by the committee to be

proper and pertinent shall be guilty of a misdemeanor; and any witness who, having been summoned to appear before any such committee, fails to appear in obedience to the
summons or, appearing, refuses to be sworn shall be guilty of a misdemeanor.
52:13-4. Expenses of investigations; payment The state treasurer shall, upon the warrant of the state comptroller, pay the fees and mileage of witnesses called, the compensation of legal and clerical assistance employed

and the expenses of the sergeant at arms of either house in the execution of warrants

pursuant to section 52:13-2 of this title, when the same shall be certified as correct and
necessary by the chairman of the committee under whose authority and by whose order the same shall have been incurred, but only when the chairman,s certificate has received the approval of the governor. Article 2. Contempts of Joint Legislative Committees.
52:13-5. What constitutes contempt; report thereof to legislature

Whenever, in any investigation or inquiry by any committee constituted by joint resolution of the legislature to enter upon or make such investigation or inquiry, any witness summoned or subpoenaed to appear before such committee to testify or to produce books, documents, papers or records, shall willfully neglect or refuse to appear in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce any books, documents, papers or records commanded to be produced by the summons or subpoena, or shall refuse to be sworn or affirmed, or shall refuse to answer any question put to him which the committee shall decide to be proper and pertinent to such investigation or inquiry, or shall in any other way contemn the authority or privileges of the legislature, and the facts alleged to constitute any such contempt shall have been reported by any such committee to the legislature, the alleged contemner shall be tried, and the alleged contempt determined, as hereinafter provided.
52:13-6. Joint session to determine alleged contempt; order for arrest; service The senate and general assembly may by concurrent resolution direct that the senate

and general assembly meet in joint session at a time and place therein fixed for the purpose of hearing the evidence and arguments regarding the alleged contempt and may order that a warrant, directed to any sergeant at arms of either house or of the joint session or to any sheriff, police officer, member of the state police, constable or other peace officer, issue in such manner as shall be prescribed in and by the concurrent resolution for the arrest of the alleged contemner and the production of him at the bar of
such joint session, there to be heard.

52:13-7. Hearing by joint session At the time and place fixed as aforesaid, or at any adjournment, the joint session shall sit and summarily hear the evidence and the arguments relating to the alleged contempt. The joint session shall adjourn from time to time until the matter shall have been disposed of and the alleged contemner shall appear and attend at each and every such adjourned session.
52:13-8. Contemner,s rights

Any alleged contemner shall have the right to be heard before the joint session, to be represented by counsel, to call witnesses in his behalf, and to examine and cross-examine
witnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolution After the joint session shall have heard the evidence and such arguments as may be

made, the senate and the general assembly shall separately convene and shall separately

consider and determine the alleged contempt; and the determination shall be by a concurrent resolution, which may originate in either house.
52:13-10. Sentence; order of commitment

Any person found to be guilty of a contempt of the legislature by a concurrent


resolution of the two houses thereof, as hereinbefore provided, may be sentenced to

imprisonment in the state prison or in the common jail of any county for any period not exceeding six months as shall be directed in and by the concurrent resolution determining the contempt, for the execution of which such concurrent resolution may order that a commitment shall issue, directed to any sheriff, police officer, member of the state police, constable or other peace officer, and to the keeper of the state prison or the keeper of the common jail of any county, which commitment shall be signed by the president of the senate and the speaker of the house of assembly in office at the date of the issue thereof.
52:13-11. Continuing validity of commitment Any commitment issued in accordance with section 52:13-10 of this title shall remain valid and effective until the imprisonment therein set forth shall have been served, notwithstanding the legislature which directed the issue of the commitment may

meanwhile have adjourned or ended.


52:13-12. Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended for hearing on a charge of contempt under a warrant issued by direction of a concurrent resolution as provided in section 52:13-6 of this Title, in such amount and with such surety as the judge shall determine to be reasonable, to appear before the Joint Session of the Legislature, at the time and place fixed by the warrant as well as at any and all adjournments thereof, and to stand to and abide such determination and sentence as may thereafter be found or imposed against the person so apprehended. Such recognizances shall run in favor of the State of New Jersey and shall be filed by the judge in the office of the Secretary of State. Amended by L.1953, c. 49, p. 853, s. 2.
52:13-13. Powers given additional to other powers

The powers given by this article shall be in addition to the powers given by article 1 of
this chapter (s. 52:13-1 et seq.).

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00

STATE OF NEW JERSEY

Select Committee on Investigation


to

Colin Reed Office of the Governor PO Box 001

Trenton, New Jersey 08625

SUBPOENA

Duces Tecum

Writ Returnable on or before

5:00 p.m., February 3, 2014


to

Select Committee on Investigation


c/o Charles A. Buono, Jr. Office of Legislative Services
State House Annex

PO Box 068

Trenton, New Jersey 08625

JOHN S. WISNIKWSK1
Chair MAIi.LI iNii CAR1DE
.

I wCZ*

'

LOUIS IX GKIHRNWALI.) GORDONM. JOHNSON


I>AUt. 0. .VIORIAR ! Y

CUARi.l-S A. BUONO, JR.

Office of Legislative Services


C nmmillce Aide
.

LINDA ,S*f'fiiSI>l'iR VALERIE VAJNIERJ HUTT1.E BONNIE WATSON COU-MAN MICHAEL PATRICK CARROLL BETTYLOU DcOROCE
AMY H. IIANDLIN

pflr Hrrfelitsrt
SELECT COMMITTEE ON INVESTIGATION STATE HOUSE ANNEX
PO BOX 068 TRENTON NJ 08625-0068

(609) 847-3840
(609) 292-0561 ftx

H0I..1.Y T. SC!ir:i,!SI

January 16 2014
,

Mr. Evan J. Ridley


Office of the Governor PO Box 001

Trenton, New Jersey 08625


Dear Mr. Ridley:

Please find attached hereto a subpoena requesting certain documents concerning all aspects of
the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power. The Select Committee on Investigation would accept mail or messenger delivery of the requested records at the following address on or before 5:00 p m February 3, 2014: Charles A. Buono, Jr., Office of Legislative Services, State House Annex, PO Box 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair Procedure. The preferred method of delivery of the requested records is compact disk or DVD or
.
.,

similar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J. Schar, Jenner & Block LLP, at (312) 923-2629.

Very truly* yours,


SELECT INVESTIGATION

JW/kj
Enclosures

c Members - Select Committee on Investigation


Reid J. Schar, Jenner & Block LLP

Aaron Binder, Assembly Majority Office Keith Laughlin, Assembly Republican Office Glen Beebe, Assembly Republican Office Charles A. Buono, Jr., Office of Legislative Services

SELECT COMMITTEE ON INVESTIGATION

SUBPOENA

TO

Evan J. Ridley
Office of the Governor PO Box 001

Trenton, New Jersey 08625

WE COMMAND YOU, Laying aside all and singular business and excuses, to

produce all books, papers, correspondence, other documents and materials, and electronic
records and data described below, that you have in your possession or have access to relevant to the Select Committee on Investigation s inquiry and investigation into all aspects of the
'

finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power, as more particularly set forth
on the attached Schedule A. These books, papers, correspondence, other documents and

materials, and electronic records and data shall be returned on or before 5:00 p.m., Monday,

February 3, 2014 to:

Charles A. Buono, Jr., Office of Legislative Services, State House

Annex, PO Box 068, Trenton, New Jersey 08625. The Select Committee on Investigation was

constituted as a special committee of the General Assembly pursuant to Assembly Resolution


No. 10 duly passed by the General Assembly of the State of New Jersey on January 16, 2014. Your production of documents is governed by the Code of Fair Procedure and Chapter
13 of Title 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to
you herewith.

Failure to comply with this Subpoena shall make you liable for such penalties as are
provided by law.

WITNESS, the hand of The Honorable JokrrS. Wispewjki|, Chairman of the Select Committee on Investigation, on this I6th day of J nuary\201 f.

S] Wisfriws!ci, Chairman
Selfect Committee on Investigation

SCHEDULE A

(to Subpoena dated January 16, 2014, issued by the Select Committee on Investigation.)
Please deliver the following:
1
.

AH communications of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a BBM messages"), any and all "instant messages" or other electronically stored data or information, including, without limitation, any instant messages sent via any web or cellular phone based messaging systems, whether exchanged via use of a personal computational device, including without limitation devices commonly known as 'desktops,, 1laptops,, 'smartbooks,, 'tablets', smartphones cellular phones or iPads,, and exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
" "
" '

'

'

'

'

All documents and records of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions, text messages Blackberry Messenger messages (a/k/a "BBM messages"), any and all "instant messages whether sent via a personal computational device or cellular phone via any
, "

and all web or cellular phone based messaging systems, any other electronically stored

data or information which is currently stored on any and all personal computational
devices in your possession, dominion, or control, including, without limitation devices commonly known as desktops,, 'laptops,, 'smartbooks', 'tablets,, 'smartphones', cellular phones or iPads,, exchanged between you and any other person or entity
,
'

'

'

whether used by you in a business, personal, or any other capacity, between September
2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9 2013 through September 13, 2013.
1
, ,

All documents of any kind whatsoever sufficient to show the date, time, originating and receiving telephone number, originating cell site and sector, and duration for all incoming and outgoing calls for any phone number associated with you in your personal capacity or in your capacity as an employee of the State of New Jersey, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013. All documents of any kind whatsoever evidencing electronic mail communications sent via any and all personal computational devices in your possession, dominion or control, including without limitation devices commonly known as desktops', 'laptops, smartbooks tablets,, 'smartphones', 'cellular phones,, or 'iPads,, whether used by
,
'

'

'

'

you in a business, personal, or any other capacity, relative to any and all

communications between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
5
.

All video and audio recordings, and all voice mails, regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.

All calendars, day planners, notes, and/or diaries from September 1, 2012 to the
present.

Please produce a log of any documents and/or correspondence withheld from production on the basis of any claimed privilege or protection, or withheld or redacted for any reason, and retain such documents and/or correspondence.

Code of Fair Procedures


52:13E-1. Definitions As used in this act:

(a) "Agency" means any of the following while engaged in an investigation or inquiry: (1) the Governor or any person or persons appointed by him acting pursuant to P L 1941, c. 16, s. 1 (C. 52:15-7), (2) any temporary State commission or duly authorized committee thereof having the power to require testimony or the production of evidence by subpoena, or (3) any legislative committee or commission having the powers set forth
. .

in Revised Statutes 52:13-1.

(b) "Hearing" means any hearing in the course of an investigatory proceeding (other than a preliminary conference or interview at which no testimony is taken under oath) conducted before an agency at which testimony or the production of other evidence may be compelled by subpoena or other compulsory process. (c) "Public hearing" means any hearing open to the public, or any hearing, or

such part thereof, as to which testimony or other evidence is made available or


disseminated to the public by the agency.

(d) "Private hearing" means any hearing other than a public hearing.
L
.

1968, c. 376, s. 1, eff. Dec. 27,1968.

52:13E-2. Personal service

No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appear, a copy of this act, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the investigation shall be furnished by the agency upon request therefor by the person
summoned.
L
.

1968, c. 376, s. 2, eff. Dec. 27, 1968.

52:13E-3. Right to counsel; submission of proposed questions A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the

hearing. Counsel for any witness who testifies at a public hearing may submit proposed questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may
deem appropriate to its inquiry.
L
.

1968, c. 376, s. 3, eff. Dec. 27,1968.

52:13E-4. Records of public hearings; copies

A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such

testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security.
L 1968
.

c. 376, s. 4, eff. Dec. 27, 1968.

52:13E-5. Sworn statement by witness; incorporation in the record A witness who testifies at any hearing shall have the right at the conclusion of his examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding.
L.1968, c. 376, s. 5, eff. Dec. 27, 1968.

52:13E-6. Persons affected by proceedings; appearance or statement of facts Any person whose name is mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by any member of the agency or its counsel at such a hearing tends to defame him or otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record of the investigatory proceeding.
L
.

1968, c. 375, s. 6, eff. Dec. 27, 1968.

52:13E-7. Rights or privileges granted by agencies

Nothing in this act shall be construed to prevent an agency from granting to witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may
determine.
L
.

1968, c. 376, s. 7, eff. Dec. 27, 1968.

52:13E-8. Dissemination of evidence adduced at private hearing

Except in the course of subsequent hearing which is open to the public, no


testimony or other evidence adduced at a private hearing or preliminary conference or interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or

employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview before a committee or other multimember investigating agency shall be disseminated or made available to the public by any member of the agency, its counsel or employees, except with the approval of a majority of the members of such agency. Any person who violates the provisions of this
subdivision shall be adjudged a disorderly person. L 1968, c. 376, s. 8, eff. Dec. 27, 1968.
.

52:13E-9. Hearing conducted by temporary state commission No temporary State commission having more than two members shall have the power to take testimony at a public or private hearing unless at least two of its members are present at such hearing. Nothing in this section, however, shall be deemed to prevent the State Commission of Investigation from conducting private hearings, on an investigation

previously undertaken by a majority of the members of the commission, with one commissioner present, when so designated by resolution pursuant to the provisions of
section 12 of P.L.1968, c. 266 (C. 52:9M-12). L 1968, c. 376, s. 9, eff. Dec. 27, 1968. Amended by L.1984, c. 110, s. 5, eff. Aug. 3, 1984.
.

52:13E-10. Right of members to file statement of minority views Nothing in this act shall be construed to affect, diminish or impair the right, under any other provision of law, rule or custom, of any member or group of members of a committee or other multimember investigating agency to file a statement or statements of

minority views to accompany and be released with or subsequent to the report of the
committee or agency. L 1968, c. 376, s. 10, eff. Dec. 27, 1968.
.

Chapter 13 of Title 52 of the Revised Statutes


Article 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; legal and clerical
assistance

Any joint committee of the legislature, any standing committee of either house, or any special committee directed by resolution to enter upon any investigation or inquiry, the pursuit of which shall necessitate the attendance of persons or the production of books or papers, shall have power to compel the attendance before it of such persons as witnesses and the production before it of such books and papers as it may deem necessary, proper
and relevant to the matter under investigation. Any such committee shall also have the

power to employ such legal and clerical assistance as it may deem necessary to the proper
conduct of the investigation.
52:13-2. Summons for witnesses; execution

If any person upon being summoned in writing by order of any committee mentioned
in section 52:13-1 of this title to appear before such committee and testify, fails to obey such summons, the speaker of the house of assembly or the president of the senate may, upon application to him, by warrant under his hand order the sergeant at arms of the house over which he presides to arrest such person and bring him before the committee, and the sergeant at arms shall thereupon execute the warrant to him so directed.
52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusal
to answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or any other law to conduct an investigation or inquiry shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the state. All such witnesses may be sworn by any member of the committee conducting the investigation or inquiry; and all witnesses sworn before any such committee shall answer truly all questions put to them which the committee shall decide to be proper and pertinent to the investigation or inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No
such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to

any such questions shall be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the witness for perjury in respect to his answers to such questions. Any witness who refuses to answer any questions decided by the committee to be proper and pertinent shall be guilty of a misdemeanor; and any witness who, having been summoned to appear before any such committee, fails to appear in obedience to the summons or, appearing, refuses to be sworn shall be guilty of a misdemeanor.
52:13-4. Expenses of investigations; payment The state treasurer shall, upon the warrant of the state comptroller, pay the fees and mileage of witnesses called, the compensation of legal and clerical assistance employed and the expenses of the sergeant at arms of either house in the execution of warrants

pursuant to section 52:13-2 of this title, when the same shall be certified as correct and necessary by the chairman of the committee under whose authority and by whose order the same shall have been incurred, but only when the chairman's certificate has received the approval of the governor.
Article 2. Contempts of Joint Legislative Committees. 52:13-5. What constitutes contempt; report thereof to legislature Whenever, in any investigation or inquiry by any committee constituted by joint resolution of the legislature to enter upon or make such investigation or inquiry, any witness summoned or subpoenaed to appear before such committee to testify or to produce books, documents, papers or records, shall willfully neglect or refuse to appear in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce any books, documents, papers or records commanded to be produced by the summons or

subpoena, or shall refuse to be sworn or affirmed, or shall refuse to answer any question put to him which the committee shall decide to be proper and pertinent to such investigation or inquiry, or shall in any other way contemn the authority or privileges of
the legislature, and the facts alleged to constitute any such contempt shall have been

reported by any such committee to the legislature, the alleged contemner shall be tried,
and the alleged contempt determined, as hereinafter provided.
52:13-6. Joint session to determine alleged contempt; order for arrest; service The senate and general assembly may by concurrent resolution direct that the senate

and general assembly meet in joint session at a time and place therein fixed for the purpose of hearing the evidence and arguments regarding the alleged contempt and may order that a warrant, directed to any sergeant at arms of either house or of the joint session or to any sheriff, police officer, member of the state police, constable or other peace officer, issue in such manner as shall be prescribed in and by the concurrent resolution for the arrest of the alleged contemner and the production of him at the bar of such joint session, there to be heard.
52:13-7. Hearing by joint session

At the time and place fixed as aforesaid, or at any adjournment, the joint session shall sit and summarily hear the evidence and the arguments relating to the alleged contempt.

The joint session shall adjourn from time to time until the matter shall have been disposed of and the alleged contemner shall appear and attend at each and every such
adjourned session.
52:13-8. Contemner,s rights

Any alleged contemner shall have the right to be heard before the joint session, to be represented by counsel, to call witnesses in his behalf, and to examine and cross-examine
witnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolution After the joint session shall have heard the evidence and such arguments as may be made, the senate and the general assembly shall separately convene and shall separately

consider and determine the alleged contempt; and the determination shall be by a concurrent resolution, which may originate in either house.
52:13-10. Sentence; order of commitment

Any person found to be guilty of a contempt of the legislature by a concurrent resolution of the two houses thereof, as hereinbefore provided, may be sentenced to imprisonment in the state prison or in the common jail of any county for any period not exceeding six months as shall be directed in and by the concurrent resolution determining the contempt, for the execution of which such concurrent resolution may order that a commitment shall issue, directed to any sheriff, police officer, member of the state police, constable or other peace officer, and to the keeper of the state prison or the keeper of the common jail of any county, which commitment shall be signed by the president of the senate and the speaker of the house of assembly in office at the date of the issue thereof.
,

52:13-11. Continuing validity of commitment Any commitment issued in accordance with section 52:13-10 of this title shall remain valid and effective until the imprisonment therein set forth shall have been served, notwithstanding the legislature which directed the issue of the commitment may meanwhile have adjourned or ended.
52:13-12. Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended for hearing on a charge of contempt under a warrant issued by direction of a concurrent resolution as provided in section 52:13-6 of this Title, in such amount and with such surety as the judge shall determine to be reasonable, to appear before the Joint Session of the Legislature, at the time and place fixed by the warrant as well as at any and all adjournments thereof, and to stand to and abide such determination and sentence as may thereafter be found or imposed against the person so apprehended. Such recognizances
shall run in favor of the State of New Jersey and shall be filed by the judge in the office of the Secretary of State. Amended by L.1953, c. 49, p. 853, s. 2.

52:13-13. Powers given additional to other powers The powers given by this article shall be in addition to the powers given by article 1 of
this chapter (s. 52:13-1 et seq.).

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STATE OF NEW JERSEY

Select Committee on Investigation


to

Evan J. Ridley
Office of the Governor PO Box 001

Trenton, New Jersey 08625

SUBPOENA

Duces Tecum

Writ Returnable on or before

5:00 p.m., February 3, 2014


to

Select Committee on Investigation


c/o Charles A. Buono, Jr.

Office of Legislative Services


State House Annex

PO Box 068

Trenton, New Jersey 08625

JOHN,S. WISNIfcWSKl CSx/ir MAIU.ENL: C'ARiDU


I 'ice ('liair

LOUIS D.ORI.il-NWAU)

CHARLIES A. BUONO. JR.

GORDON M. JOHNSON
PAUL D. MORIARTY
LINDA STSI.NDIiR

Office of Legislative Services


C.ommittw Aide

VAI.LRti; VAIN1ERI mottle SiONNIL WATSON COLIiMAN MICHAEL PATRICK CARROLL IJI-TTYIOU DcCROCE
AMV IL ISANDLIN

Itjftiie tgfelxiitrt
SELECT COMMITTEE ON INVESTIGATION
STATE HOUSE ANNEX
PO BOX 068
TRENTON NJ 08625-0068

(609) S470840
,

( 609)

292-O.SrtI fax

HOLLY T. SCTin-PISl

January 16, 2014

Mr. David Samson Attn: Law Office of Wolff & Samson One Boland Drive

West Orange, New Jersey 07052


Dear Mr. Samson:

Please find attached hereto a subpoena requesting certain documents concerning all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power. The Select Committee on Investigation would

accept mail or messenger delivery of the requested records at the following address on or before 5:00 p m February 3, 2014: Charles A. Buono, Jr., Office of Legislative Services, State House Annex, PO Box 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair Procedure. The preferred method of delivery of the requested records is compact disk or DVD or
. .,

similar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J.
Schar, Jenner & Block LLP, at (312) 923-2629.

Very truly yours,


SELECT COMM

INVESTIGATION

JW/kj
Enclosures

c Members - Select Committee on Investigation


Reid J. Schar, Jenner & Block LLP

Aaron Binder, Assembly Majority Office Keith Laughlin, Assembly Republican Office Glen Beebe, Assembly Republican Office Charles A. Buono, Jr., Office of Legislative Services

SELECT COMMITTEE ON INVESTIGATION

SUBPOENA

TO

David Samson Attn: Law Office of Wolff & Samson

One Boland Drive

West Orange, New Jersey 07052

WE COMMAND YOU, Laying aside all and singular business and excuses, to

produce all books, papers, correspondence, other documents and materials, and electronic
records and data described below, that you have in your possession or have access to relevant to the Select Committee on Investigation's inquiry and investigation into all aspects of the

finances, operations, and management of the Port Authority of New York and New Jersey,
including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government

power or an attempt to conceal an abuse of government power, as more particularly set forth
on the attached Schedule A. These books, papers, correspondence, other documents and

materials, and electronic records and data shall be returned on or before 5:00 p.m., Monday,

February 3, 2014 to:

Charles A. Buono, Jr., Office of Legislative Services, State House

Annex, PO Box 068, Trenton, New Jersey 08625. The Select Committee on Investigation was constituted as a special committee of the General Assembly pursuant to Assembly Resolution

No. 10 duly passed by the General Assembly of the State of New Jersey on January 16, 2014. Your production of documents is governed by the Code of Fair Procedure and Chapter
13 of Title 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to you herewith.

Failure to comply with this Subpoena shall make you liable for such penalties as are
provided by law.

WITNESS, the hand of The Honorabte<fi5hn S. w/sniowski, Chairman of the Select


Committee on Investigation, on this 16th day f January, 2014/.//

JohniS. Vjsniewski, Chairman Select Committee on Investigation

SCHEDULE A

(to Subpoena dated January 16, 2014, issued by the Select Committee on Investigation.)
Please deliver the following:
1
.

All communications of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a BBM messages"), any and all "instant messages" or other electronically stored data or information, including, without limitation, any instant messages sent via any web or cellular phone based messaging systems whether exchanged via use of a personal computational device, including without limitation devices commonly known as 1desktops,, 1laptops,, 'smartbooks', 'tablets', smartphones cellular phones or iPads', and exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
" "

"

'

'

'

'

'

All documents and records of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a "BBM messages"), any and all "instant messages whether sent via a personal computational device or cellular phone via any and all web or cellular phone based messaging systems, any other electronically stored
"

data or information which is currently stored on any and all personal computational
devices in your possession, dominion, or control, including, without limitation devices smartbooks commonly known as 1desktops 1laptops tablets', 'smartphones' cellular phones or iPads' exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9 2013 through September 13, 2013.
, , ' '
,

'

'

'

All documents of any kind whatsoever sufficient to show the date, time, originating and receiving telephone number, originating cell site and sector, and duration for all incoming and outgoing calls for any phone number associated with you in your personal capacity or in your capacity as an employee of the State of New Jersey, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
All documents of any kind whatsoever evidencing electronic mail communications sent via any and all personal computational devices in your possession dominion, or control, including without limitation devices commonly known as desktops' 'laptops smartbooks tablets', 1smartphones', 'cellular phones' or iPads' whether used by you in a business, personal, or any other capacity, relative to any and all
, ' , , , ' '
1

'

communications between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the

George Washington Bridge from September 9, 2013 through September 13, 2013.
5
.

All video and audio recordings, and all voice mails, regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.

All calendars, day planners, notes, and/or diaries from September 1, 2012 to the
present.

All smartphones, tablets, cellular phones, and personal digital or data assistants, or any other similar device used by you at any time from September 1, 2012 to the present, whether used by you in a business, personal, or any other capacity.

Please produce a log of any documents and/or correspondence withheld from production on the basis of any claimed privilege or protection, or withheld or redacted for any reason, and retain such documents and/or correspondence.

Code of Fair Procedures


52:13E-1. Definitions

As used in this act:

(a) "Agency" means any of the following while engaged in an investigation or inquiry: (1) the Governor or any person or persons appointed by him acting pursuant to P L 1941, c. 16, s. 1 (C. 52:15-7), (2) any temporary State commission or duly authorized committee thereof having the power to require testimony or the production of evidence by subpoena, or (3) any legislative committee or commission having the powers set forth
.
.

in Revised Statutes 52:13-1.

(b) "Hearing" means any hearing in the course of an investigatory proceeding (other than a preliminary conference or interview at which no testimony is taken under oath) conducted before an agency at which testimony or the production of other evidence may be compelled by subpoena or other compulsory process. (c) "Public hearing" means any hearing open to the public, or any hearing, or

such part thereof, as to which testimony or other evidence is made available or


disseminated to the public by the agency. (d) "Private hearing" means any hearing other than a public hearing.
L
.

1968, c. 376, s. l,eff. Dec. 27, 1968.

52:13E-2. Personal service

No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appear, a copy of this act, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the investigation shall be furnished by the agency upon request therefor by the person
summoned.
L
.

1968, c. 376, s. 2, eff. Dec. 27, 1968.

52:13E-3. Right to counsel; submission of proposed questions A witness summoned to a hearing shall have the right to be accompanied by counsel who shall be permitted to advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the
,

hearing. Counsel for any witness who testifies at a public hearing may submit proposed questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may deem appropriate to its inquiry.
L
.

1968, c. 376, s. 3, eff. Dec. 27,1968.

52:13E-4. Records of public hearings; copies A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a

criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such

testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security.
L
.

1968, c. 376, s. 4, eff. Dec. 27, 1968.

52:13E-5. Sworn statement by witness; incorporation in the record

A witness who testifies at any hearing shall have the right at the conclusion of his examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding. L 1968, c. 376, s. 5, eff. Dec. 27, 1968.
.

52:13E-6. Persons affected by proceedings; appearance or statement of facts Any person whose name is mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by

any member of the agency or its counsel at such a hearing tends to defame him or otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record of the investigatory proceeding.
L
.

1968, c. 375, s. 6, eff. Dec. 27,1968.

52:13E-7. Rights or privileges granted by agencies

Nothing in this act shall be construed to prevent an agency from granting to witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may
determine.
L
.

1968, c. 376, s. 7, eff. Dec. 27, 1968.

52:13E-8. Dissemination of evidence adduced at private hearing

Except in the course of subsequent hearing which is open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or

employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview before a committee or other
multimember investigating agency shall be disseminated or made available to the public by any member of the agency, its counsel or employees, except with the approval of a majority of the members of such agency. Any person who violates the provisions of this subdivision shall be adjudged a disorderly person. L 1968, c. 376, s. 8, eff. Dec. 27, 1968.
.

52:13E-9. Hearing conducted by temporary state commission No temporary State commission having more than two members shall have the power to take testimony at a public or private hearing unless at least two of its members are present at such hearing. Nothing in this section, however, shall be deemed to prevent the State Commission of Investigation from conducting private hearings, on an investigation previously undertaken by a majority of the members of the commission, with one

commissioner present, when so designated by resolution pursuant to the provisions of


section 12 of P.L.1968, c. 266 (C. 52:9M-12). L 1968, c. 376, s. 9, eff. Dec. 27, 1968. Amended by L.1984, c. 110, s. 5, eff. Aug. 3, 1984.
.

52:13E-10. Right of members to file statement of minority views Nothing in this act shall be construed to affect, diminish or impair the right, under

any other provision of law, rule or custom, of any member or group of members of a
committee or other multimember investigating agency to file a statement or statements of minority views to accompany and be released with or subsequent to the report of the committee or agency.
L
.

1968, c. 376, s. 10, eff. Dec. 27, 1968.

Chapter 13 of Title 52 of the Revised Statutes


Article 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; legal and clerical
assistance

Any joint committee of the legislature, any standing committee of either house, or any special committee directed by resolution to enter upon any investigation or inquiry, the pursuit of which shall necessitate the attendance of persons or the production of books or papers, shall have power to compel the attendance before it of such persons as witnesses and the production before it of such books and papers as it may deem necessary, proper and relevant to the matter under investigation. Any such committee shall also have the power to employ such legal and clerical assistance as it may deem necessary to the proper conduct of the investigation.
52:13-2. Summons for witnesses; execution

If any person upon being summoned in writing by order of any committee mentioned in section 52:13-1 of this title to appear before such committee and testify, fails to obey such summons, the speaker of the house of assembly or the president of the senate may,

upon application to him, by warrant under his hand order the sergeant at arms of the
house over which he presides to arrest such person and bring him before the committee,

and the sergeant at arms shall thereupon execute the warrant to him so directed.
52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusal
to answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or any other law to conduct an investigation or inquiry shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the state. All such witnesses may be sworn by any member of the committee conducting the investigation or inquiry; and all witnesses sworn before any such committee shall answer truly all questions put to them which the committee shall decide to be proper and pertinent to the investigation or

inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No
such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to

any such questions shall be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the witness for perjury in respect to his
answers to such questions.

Any witness who refuses to answer any questions decided by the committee to be proper and pertinent shall be guilty of a misdemeanor; and any witness who, having been summoned to appear before any such committee, fails to appear in obedience to the summons or, appearing, refuses to be sworn shall be guilty of a misdemeanor.
52:13-4. Expenses of investigations; payment The state treasurer shall, upon the warrant of the state comptroller, pay the fees and mileage of witnesses called, the compensation of legal and clerical assistance employed and the expenses of the sergeant at arms of either house in the execution of warrants

pursuant to section 52:13-2 of this title, when the same shall be certified as correct and

necessary by the chairman of the committee under whose authority and by whose order
the same shall have been incurred, but only when the chairman,s certificate has received

the approval of the governor.


Article 2. Contempts of Joint Legislative Committees. 52:13-5. What constitutes contempt; report thereof to legislature Whenever, in any investigation or inquiry by any committee constituted by joint resolution of the legislature to enter upon or make such investigation or inquiry, any witness summoned or subpoenaed to appear before such committee to testify or to produce books, documents, papers or records, shall willfully neglect or refuse to appear in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce any books, documents, papers or records commanded to be produced by the summons or subpoena, or shall refuse to be sworn or affirmed, or shall refuse to answer any question

put to him which the committee shall decide to be proper and pertinent to such investigation or inquiry, or shall in any other way contemn the authority or privileges of the legislature, and the facts alleged to constitute any such contempt shall have been
reported by any such committee to the legislature, the alleged contemner shall be tried, and the alleged contempt determined, as hereinafter provided.
52:13-6. Joint session to determine alleged contempt; order for arrest; service

The senate and general assembly may by concurrent resolution direct that the senate and general assembly meet in joint session at a time and place therein fixed for the purpose of hearing the evidence and arguments regarding the alleged contempt and may order that a warrant, directed to any sergeant at arms of either house or of the joint session or to any sheriff, police officer, member of the state police, constable or other peace officer, issue in such manner as shall be prescribed in and by the concurrent resolution for the arrest of the alleged contemner and the production of him at the bar of such joint session, there to be heard.
52:13-7. Hearing by joint session

At the time and place fixed as aforesaid, or at any adjournment, the joint session shall
sit and summarily hear the evidence and the arguments relating to the alleged contempt.

The joint session shall adjourn from time to time until the matter shall have been disposed of and the alleged contemner shall appear and attend at each and every such
adjourned session.
52:13-8. Contemner,s rights

Any alleged contemner shall have the right to be heard before the joint session, to be represented by counsel, to call witnesses in his behalf, and to examine and cross-examine
witnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolution After the joint session shall have heard the evidence and such arguments as may be
made
,

the senate and the general assembly shall separately convene and shall separately

consider and determine the alleged contempt; and the determination shall be by a concurrent resolution, which may originate in either house.
52:13-10. Sentence; order of commitment

Any person found to be guilty of a contempt of the legislature by a concurrent resolution of the two houses thereof, as hereinbefore provided, may be sentenced to imprisonment in the state prison or in the common jail of any county for any period not exceeding six months as shall be directed in and by the concurrent resolution determining
the contempt, for the execution of which such concurrent resolution may order that a commitment shall issue, directed to any sheriff, police officer, member of the state police,

constable or other peace officer, and to the keeper of the state prison or the keeper of the common jail of any county, which commitment shall be signed by the president of the senate and the speaker of the house of assembly in office at the date of the issue thereof.
52:13-11. Continuing validity of commitment Any commitment issued in accordance with section 52:13-10 of this title shall remain valid and effective until the imprisonment therein set forth shall have been served, notwithstanding the legislature which directed the issue of the commitment may meanwhile have adjourned or ended.
52:13-12. Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended for hearing on a charge of contempt under a warrant issued by direction of a concurrent resolution as provided in section 52:13-6 of this Title, in such amount and with such surety as the judge shall determine to be reasonable, to appear before the Joint Session of the Legislature, at the time and place fixed by the warrant as well as at any and all adjournments thereof, and to stand to and abide such determination and sentence as may thereafter be found or imposed against the person so apprehended. Such recognizances shall run in favor of the State of New Jersey and shall be filed by the judge in the office of the Secretary of State. Amended by L.1953, c. 49, p. 853, s. 2.
52:13-13. Powers given additional to other powers

The powers given by this article shall be in addition to the powers given by article 1 of
this chapter (s. 52:13-1 et seq.).

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STATE OF NEW JERSEY

Select Committee on Investigation


to

David Samson

Attn; Law Office of Wolff & Samson One Boland Drive

West Orange, New Jersey 07052

SUBPOENA

Duces Tecum

Writ Returnable on or before

5:00 p.m., February 3, 2014


to

Select Committee on Investigation c/o Charles A. Buono, Jr. Ofice of Legislative Services
State House Annex PO Box 068

Trenton, New Jersey 08625

JOHNS. WISNII-WSKi
Chair MARUsNLi CAKIDE I< Vuiir

LOUIS i). OKEIi.NWALO

CHARLES A. BUONO JR.


,

GORDONM. JOHNSON
PAUL L>. MORIAKTY LINDA STi'NDER

Office of legislative Servttx's


Committee A id?

VALERIE VAINIERI HUTTLE


BONNIH WATSON COLEMAN

MICIIAJ-L PATRICK CARROLL BETTVl.Oi; DoOKQCE


AMY II HANDLIN

$I*ir

$i%it lEfjif Jifttt


STATE HOUSE ANNEX
PO BOX 068
TRENTON NJ 08625-0068

(609) 847-;;840 (609) 29?.-0561 1-ix

SELECT COMMITTEE ON INVESTIGATION

HOLLY T. SCHi..PISI

January 16, 2014

Mr. William Stepien


Attn: Kevin H. Marino

Law Office of Marino, Tortorella & Boyle PC


437 Southern Boulevard

Chatham, New Jersey 07928-1488 Dear Mr. Stepien:

Please find attached hereto a subpoena requesting certain documents concerning all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power. The Select Committee on Investigation would accept mail or messenger delivery of the requested records at the following address on or before 5:00 p m February 3, 2014: Charles A. Buono, Jr., Office of Legislative Services, State House Annex, PO Box 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair Procedure. The preferred method of delivery of the requested records is compact disk or DVD or
.
.,

similar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J.
Schar, Jenner & Block LLP, at (312) 923-2629.

Very truly /purs,


SEL INVESTIGATION

Wismew5ki

JW/kj
Enclosures

c Members - Select Committee on Investigation Reid J. Schar, Jenner & Block LLP

Aaron Binder, Assembly Majority Office Keith Laughlin, Assembly Republican Office
Glen Beebe, Assembly Republican Office Charles A. Buono, Jr., Office of Legislative Services

SELECT COMMITTEE ON INVESTIGATION

SUBPOENA

TO

William Stepien
Attn: Kevin H. Marino

Law Office of Marino, Tortorella & Boyle PC


437 Southern Boulevard

Chatham, New Jersey 07928-1488

WE COMMAND YOU, Laying aside all and singular business and excuses, to produce all books, papers, correspondence, other documents and materials, and electronic records and data described below, that you have in your possession or have access to relevant to the Select Committee on Investigation,s inquiry and investigation into all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey and any other matter raising concerns about abuse of government power or an attempt to conceal

an abuse of government power, including, but not limited to, the reassignment of access lanes
in Fort Lee, New Jersey to the George Washington Bridge, as more particularly set forth on the attached Schedule A. These books, papers, correspondence, other documents and

materials, and electronic records and data shall be returned on or before 5:00 p.m., Monday,

February 3, 2014 to:

Charles A. Buono, Jr., Office of Legislative Services, State House

Annex, PO Box 068, Trenton, New Jersey 08625. The Select Committee on Investigation was

constituted as a special committee of the General Assembly pursuant to Assembly Resolution No. 10 duly passed by the General Assembly of the State of New Jersey on January 16, 2014. Your production of documents is governed by the Code of Fair Procedure and Chapter
13 of Title 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to
you herewith.

Failure to comply with this Subpoena shall make you liable for such penalties as are
provided by law.

SCHEDULE A

(to Subpoena dated January 16, 2014, issued by the Select Committee on Investigation.)
Please deliver the following:
1
.

All communications of any kind, including, but not limited to, any correspondence,
notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a BBM messages"), any and all "instant messages" or other
"

electronically stored data or information, including, without limitation, any instant messages sent via any web or cellular phone based messaging systems, whether exchanged via use of a personal computational device, including without limitation
"

"

devices commonly known as 'desktops', 'laptops', 'smartbooks,, 'tablets', smartphones cellular phones or iPads,, and exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
'
, '

'

2. All documents and records of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a "BBM messages"), any and all "instant messages whether sent via a personal computational device or cellular phone via any and all web or cellular phone based messaging systems, any other electronically stored data or information which is currently stored on any and all personal computational devices in your possession, dominion, or control, including, without limitation, devices commonly known as desktops', 'laptops', 'smartbooks', 'tablets', 'smartphones', cellular phones or iPads,, exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9 2013 through September 13, 2013.
" ' ' ' ' , , ,

All documents of any kind whatsoever sufficient to show the date, time, originating and receiving telephone number, originating cell site and sector, and duration for all incoming and outgoing calls for any phone number associated with you in your

personal capacity or in your capacity as an employee of the State of New Jersey, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
4
.

All documents of any kind whatsoever evidencing electronic mail communications sent

via any and all personal computational devices in your possession, dominion, or control, including without limitation devices commonly known as desktops,, 'laptops,,
'

tablets', 'smartphones,, 'cellular phones', or 'iPads', whether used by you in a business, personal, or any other capacity, relative to any and all
smartbooks
,

'

'

communications between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
5
.

All video and audio recordings, and all voice mails, regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington

Bridge from September 9, 2013 through September 13, 2013.


6
.

All calendars, day planners, notes, and/or diaries from September 1, 2012 to the
present.

All smartphones, tablets, cellular phones, and personal digital or data assistants, or any
other similar device used by you at any time from September 1, 2012 to the present, whether used by you in a business, personal, or any other capacity.

Please produce a log of any documents and/or correspondence withheld from production on the basis of any claimed privilege or protection, or withheld or redacted for any
reason, and retain such documents and/or correspondence.

Code of Fair Procedures


52:13E-L Definitions

As used in this act:

(a) "Agency" means any of the following while engaged in an investigation or inquiry; (1) the Governor or any person or persons appointed by him acting pursuant to P L 1941, c. 16, s. 1 (C. 52:15-7), (2) any temporary State commission or duly authorized committee thereof having the power to require testimony or the production of evidence by subpoena, or (3) any legislative committee or commission having the powers set forth
.
.

in Revised Statutes 52:13-1.

(b) "Hearing" means any hearing in the course of an investigatory proceeding (other than a preliminary conference or interview at which no testimony is taken under oath) conducted before an agency at which testimony or the production of other evidence may be compelled by subpoena or other compulsory process. (c) "Public hearing" means any hearing open to the public, or any hearing, or such part thereof, as to which testimony or other evidence is made available or disseminated to the public by the agency. (d) "Private hearing" means any hearing other than a public hearing.
L
.

1968, c. 376, s. 1, eff. Dec. 27, 1968.

52:13E~2. Personal service

No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to

appear, a copy of this act, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the investigation shall be furnished by the agency upon request therefor by the person
summoned. L 1968,
.

c. 376, s. 2, eff. Dec. 27,1968.

52:13E-3. Right to counsel; submission of proposed questions A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his rights, subject to reasonable

limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public hearing may submit proposed questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may deem appropriate to its inquiry.
L
.

1968, c. 376, s. 3, eff. Dec. 27,1968.

52:13E-4. Records of public hearings; copies A complete and accurate record shall be kept of each public hearing and a witness

shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such

testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security.
L
.

1968, c. 376, s. 4, eff. Dec. 27, 1968.

52:13E-5. Sworn statement by witness; incorporation in the record A witness who testifies at any hearing shall have the right at the conclusion of his examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding.
L
.

1968, c. 376, s. 5, eff. Dec. 27,1968.

52:13E-6. Persons affected by proceedings; appearance or statement of facts Any person whose name is mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by

any member of the agency or its counsel at such a hearing tends to defame him or otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record of the
investigatory proceeding. L 1968, c. 375, s. 6, eff. Dec. 27, 1968.
.

52:13E-7. Rights or privileges granted by agencies Nothing in this act shall be construed to prevent an agency from granting to

witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may
determine.
L
.

1968, c. 376, s. 7, eff. Dec. 27, 1968.

52:13E-8. Dissemination of evidence adduced at private hearing

Except in the course of subsequent hearing which is open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or

employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview before a committee or other
multimember investigating agency shall be disseminated or made available to the public by any member of the agency, its counsel or employees, except with the approval of a majority of the members of such agency. Any person who violates the provisions of this subdivision shall be adjudged a disorderly person.
L
.

1968, c. 376, s. 8, eff. Dec. 27, 1968.

52:13E-9. Hearing conducted by temporary state commission No temporary State commission having more than two members shall have the

power to take testimony at a public or private hearing unless at least two of its members are present at such hearing. Nothing in this section, however, shall be deemed to prevent the State Commission of Investigation from conducting private hearings, on an investigation previously undertaken by a majority of the members of the commission, with one commissioner present, when so designated by resolution pursuant to the provisions of section 12 of P.L.1968, c. 266 (C. 52:9M-12). L 1968 c. 376, s. 9, eff. Dec. 27, 1968. Amended by L.1984, c. 110, s. 5, eff.
.

Aug. 3, 1984.

52:13E-10. Right of members to file statement of minority views Nothing in this act shall be construed to affect, diminish or impair the right under any other provision of law, rule or custom, of any member or group of members of a committee or other multimember investigating agency to file a statement or statements of minority views to accompany and be released with or subsequent to the report of the
,

committee or agency. L 1968 c. 376, s. 10, eff. Dec. 27, 1968.


.

Chapter 13 of Title 52 of the Revised Statutes


Article 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; legal and clerical
assistance

Any joint committee of the legislature, any standing committee of either house, or any special committee directed by resolution to enter upon any investigation or inquiry, the pursuit of which shall necessitate the attendance of persons or the production of books or papers, shall have power to compel the attendance before it of such persons as witnesses and the production before it of such books and papers as it may deem necessary, proper and relevant to the matter under investigation. Any such committee shall also have the power to employ such legal and clerical assistance as it may deem necessary to the proper conduct of the investigation.
52:13-2. Summons for witnesses; execution

If any person upon being summoned in writing by order of any committee mentioned in section 52:13-1 of this title to appear before such committee and testify, fails to obey such summons, the speaker of the house of assembly or the president of the senate may, upon application to him, by warrant under his hand order the sergeant at arms of the house over which he presides to arrest such person and bring him before the committee, and the sergeant at arms shall thereupon execute the warrant to him so directed. 52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusal
to answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or any other law to conduct an investigation or inquiry shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the state. All such witnesses may be sworn by any member of the committee conducting the investigation or inquiry; and all witnesses sworn before any such committee shall answer truly all questions put to them which the committee shall decide to be proper and pertinent to the investigation or inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to any such questions shall be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the witness for perjury in respect to his answers to such questions. Any witness who refuses to answer any questions decided by the committee to be proper and pertinent shall be guilty of a misdemeanor; and any witness who, having been summoned to appear before any such committee, fails to appear in obedience to the summons or, appearing, refuses to be sworn shall be guilty of a misdemeanor.
52:13-4. Expenses of investigations; payment The state treasurer shall, upon the warrant of the state comptroller, pay the fees and

mileage of witnesses called, the compensation of legal and clerical assistance employed
and the expenses of the sergeant at arms of either house in the execution of warrants

pursuant to section 52:13-2 of this title, when the same shall be certified as correct and necessary by the chairman of the committee under whose authority and by whose order
the same shall have been incurred, but only when the chairman,s certificate has received the approval of the governor.

Article 2. Contempts of Joint Legislative Committees.


52:13-5. What constitutes contempt; report thereof to legislature Whenever, in any investigation or inquiry by any committee constituted by joint resolution of the legislature to enter upon or make such investigation or inquiry, any witness summoned or subpoenaed to appear before such committee to testify or to

produce books, documents, papers or records, shall willfully neglect or refuse to appear in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce any books, documents, papers or records commanded to be produced by the summons or subpoena, or shall refuse to be sworn or affirmed, or shall refuse to answer any question put to him which the committee shall decide to be proper and pertinent to such investigation or inquiry, or shall in any other way contemn the authority or privileges of the legislature, and the facts alleged to constitute any such contempt shall have been reported by any such committee to the legislature, the alleged contemner shall be tried, and the alleged contempt determined, as hereinafter provided.
52:13-6. Joint session to determine alleged contempt; order for arrest; service

The senate and general assembly may by concurrent resolution direct that the senate and general assembly meet in joint session at a time and place therein fixed for the purpose of hearing the evidence and arguments regarding the alleged contempt and may order that a warrant, directed to any sergeant at arms of either house or of the joint session or to any sheriff, police officer, member of the state police, constable or other peace officer, issue in such manner as shall be prescribed in and by the concurrent resolution for the arrest of the alleged contemner and the production of him at the bar of such joint session, there to be heard.
52:13-7. Hearing by joint session

At the time and place fixed as aforesaid, or at any adjournment, the joint session shall sit and summarily hear the evidence and the arguments relating to the alleged contempt. The joint session shall adjourn from time to time until the matter shall have been disposed of and the alleged contemner shall appear and attend at each and every such adjourned session.
52:13-8. Contemner,s rights

Any alleged contemner shall have the right to be heard before the joint session, to be represented by counsel, to call witnesses in his behalf, and to examine and cross-examine
witnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolution After the joint session shall have heard the evidence and such arguments as may be made, the senate and the general assembly shall separately convene and shall separately

consider and determine the alleged contempt; and the determination shall be by a concurrent resolution, which may originate in either house.
52:13-10. Sentence; order of commitment

Any person found to be guilty of a contempt of the legislature by a concurrent resolution of the two houses thereof, as hereinbefore provided, may be sentenced to imprisonment in the state prison or in the common jail of any county for any period not exceeding six months as shall be directed in and by the concurrent resolution determining the contempt, for the execution of which such concurrent resolution may order that a commitment shall issue, directed to any sheriff, police officer, member of the state police constable or other peace officer, and to the keeper of the state prison or the keeper of the common jail of any county, which commitment shall be signed by the president of the senate and the speaker of the house of assembly in office at the date of the issue thereof. 52:13-11. Continuing validity of commitment Any commitment issued in accordance with section 52:13-10 of this title shall remain valid and effective until the imprisonment therein set forth shall have been served notwithstanding the legislature which directed the issue of the commitment may meanwhile have adjourned or ended.
,

52:13-12. Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended for hearing on a charge of contempt under a warrant issued by direction of a concurrent resolution as provided in section 52:13-6 of this Title, in such amount and with such surety as the judge shall determine to be reasonable, to appear before the Joint Session of the Legislature, at the time and place fixed by the warrant as well as at any and all adjournments thereof, and to stand to and abide such determination and sentence as may thereafter be found or imposed against the person so apprehended. Such recognizances shall run in favor of the State of New Jersey and shall be filed by the judge in the office of the Secretary of State. Amended by L.1953, c. 49, p. 853, s. 2. 52:13-13. Powers given additional to other powers The powers given by this article shall be in addition to the powers given by article 1 of this chapter (s. 52:13-1 et seq.).

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STATE OF NEW JERSEY

Se'ect Comm'ttee on 'nvest'gat'on


to

W''''am Step'en
Attn; Kev'n H. Mar'no

Law Off'ce of Mar'no, Tortore''a & Boy'e PC


437 Southern Bou'evard

Chatham, New Jersey 07928-1488

SUBPOENA

Duces Tecum

Wr't Returnab'e on or before

5:00 p.m., February 3, 2014


to

Se'ect Comm'ttee on 'nvest'gat'on


c'o Char'es A. Buono, Jr. Off'ce of Leg's'at've Serv'ces
State House Annex PO Box 068

Trenton, New Jersey 08625

JOHNS. WISNIKWSK1
Chair

MAIU.KNU OARIDK
Vu:<> t.'lwir

LOUIS S). GRIil-NWAU')

<:haiu,i::s a. buono. jr.

GORDON M. JOHNSON
PAUL 0. MORIARTY
I INDA STENDI-R
.

Office of Legislative Services


C ommiuee Aide
.

VALfiKlEi VAINIERI HUTTU:


BONNIIi WATSON COIJiMAN

%trfr
SELECT COMMITTEE ON INVESTIGATION
STATE HOUSE ANNEX
PO BOX 068

(609}M7..?840 (609) 292-0561 fax

MICHABi, PATRICK CARROl.l. BliTTYI.OU DcOROCf:


AMY I! HAM5I.IN

HOU..Y T. SCI H'iPISI

TRENTON NJ 08625-0068

January 16, 2014


Mr. David Wildstein

Attn: Mr. Alan L. Zegas Law Office of Alan L. Zegas


552 Main Street

Chatham, New Jersey 07928


Dear Mr. Wildstein:

Please find attached hereto a subpoena requesting certain documents concerning all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power. The Select Committee on Investigation would accept mail or messenger delivery of the requested records at the following address on or before 5:00 p m February 3, 2014: Charles A. Buono, Jr., Office of Legislative Services, State House Annex, PO Box 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair Procedure. The preferred method of delivery of the requested records is compact disk or DVD or
. .,

similar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J.
Schar, Jenner & Block LLP, at (312) 923-2629.

Reid J. Schar, Jenner & Block LLP

Aaron Binder, Assembly Majority Office Keith Laughlin, Assembly Republican Office Glen Beebe, Assembly Republic Office Charles A. Buono, Jr., Office of Legislative Services

SELECT COMMITTEE ON INVESTIGATION

SUBPOENA

TO

David Wildstein

Attn: Mr. Alan L. Zegas Law Office of Alan L. Zegas


552 Main Street

Chatham, New Jersey 07928

WE COMMAND YOU, Laying aside all and singular business and excuses, to

produce all books, papers, correspondence, other documents and materials, and electronic
records and data described below, that you have in your possession or have access to relevant to the Select Committee on Investigation s inquiry and investigation into all aspects of the
'

finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge, and any other matter raising concerns about abuse of government

power or an attempt to conceal an abuse of government power, as more particularly set forth
on the attached Schedule A. These books, papers, correspondence, other documents and materials, and electronic records and data shall be returned on or before 5:00 p.m., Monday,

February 3, 2014 16:

Charles A. Buono, Jr., Office of Legislative Services, State House

Annex, PO Box 068, Trenton, New Jersey 08625. The Select Committee on Investigation was

constituted as a special committee of the General Assembly pursuant to Assembly Resolution No. 10 duly passed by the General Assembly of the State of New Jersey on January 16, 2014.
Your production of documents is governed by the Code of Fair Procedure and Chapter
13 of Title 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to
you herewith.

Failure to comply with this Subpoena shall make you liable for such penalties as are
provided by law.

WITNESS, the hand of The Honorable'Jolm S. AVisni

ci, Chairman of the Select

Committee on Investigation, on this 16th day </f January, 014.1

ihnlS. Wisniewski, Chairman eleci Committee on Investigation

SCHEDULE A

(to Subpoena dated January 16, 2014, issued by the Select Committee on Investigation.)
Please deliver the following:
1
.

All communications of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a BBM messages"), any and all "instant messages" or other electronically stored data or information, including, without limitation, any instant messages sent via any web or cellular phone based messaging systems, whether exchanged via use of a personal computational device, including without limitation devices commonly known as 'desktops,, 'laptops', 'smartbooks', 'tablets', smartphones cellular phones or iPads', and exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
"

"

"

'

'

'

All documents and records of any kind, including, but not limited to, any correspondence, notes, documents, electronic mail transmissions, text messages, Blackberry Messenger messages (a/k/a "BBM messages"), any and all "instant messages whether sent via a personal computational device or cellular phone via any and all web or cellular phone based messaging systems, any other electronically stored data or information which is currently stored on any and all personal computational devices in your possession, dominion, or control, including, without limitation, devices commonly known as desktops', 'laptops,, 'smartbooks', 'tablets', 'smartphones', cellular phones or iPads', exchanged between you and any other person or entity, whether used by you in a business, personal, or any other capacity, between September 1 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9 2013 through September 13, 2013.
"

'

'

'

All documents of any kind whatsoever sufficient to show the date, time, originating and receiving telephone number, originating cell site and sector, and duration for all incoming and outgoing calls for any phone number associated with you in your personal capacity or in your capacity as an employee of the State of New Jersey, or any other capacity, between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
All documents of any kind whatsoever evidencing electronic mail communications sent via any and all personal computational devices in your possession, dominion, or control, including without limitation devices commonly known as desktops, laptops',
'
'

tablets', 'smartphones,, 'cellular phones,, or 'iPads,, whether used by you in a business, personal, or any other capacity, relative to any and all
smartbooks
,

'

'

'

communications between September 1, 2012 and the present date regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013.
5
.

All video and audio recordings, and all voice mails, regarding the reduction from three to one of the eastbound Fort Lee, New Jersey access lanes to the George Washington Bridge from September 9, 2013 through September 13, 2013. All calendars, day planners, notes, and/or diaries from September 1, 2012 to the
present.

All smartphones, tablets, cellular phones, and personal digital or data assistants, or any other similar device used by you at any time from September 1, 2012 to the present, whether used by you in a business, personal, or any other capacity.

Please produce a log of any documents and/or correspondence withheld from production on the basis of any claimed privilege or protection, or withheld or redacted for any
reason, and retain such documents and/or correspondence.

Code of Fair Procedures


52:13E-L Definitions As used in this act:

(a) "Agency" means any of the following while engaged in an investigation or inquiry: (1) the Governor or any person or persons appointed by him acting pursuant to P L I941, c. 16 s. 1 (C. 52:15-7), (2) any temporary State commission or duly authorized committee thereof having the power to require testimony or the production of evidence by subpoena, or (3) any legislative committee or commission having the powers set forth
.

in Revised Statutes 52:13-1.

(b) "Hearing" means any hearing in the course of an investigatory proceeding (other than a preliminary conference or interview at which no testimony is taken under oath) conducted before an agency at which testimony or the production of other evidence
may be compelled by subpoena or other compulsory process. (c) "Public hearing" means any hearing open to the public, or any hearing, or such part thereof, as to which testimony or other evidence is made available or disseminated to the public by the agency. (d) "Private hearing" means any hearing other than a public hearing. L 1968, c. 376, s. l,eff. Dec. 27, 1968.
.

52:13E-2. Personal service

No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appear, a copy of this act, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the
investigation shall be furnished by the agency upon request therefor by the person
summoned.
L
.

1968, c. 376, s. 2, eff. Dec. 27, 1968.

52:13E-3. Right to counsel; submission of proposed questions A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public hearing may submit proposed questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may deem appropriate to its inquiry.
L
.

1968, c. 376, s. 3, eff. Dec. 27, 1968.

52:13E-4. Records of public hearings; copies

A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such

testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security.
L
.

1968, c. 376, s. 4, eff. Dec. 27, 1968.

52:13E-5. Sworn statement by witness; incorporation in the record A witness who testifies at any hearing shall have the right at the conclusion of his

examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding.
L
.

1968, c. 376, s. 5, eff. Dec. 27, 1968.

52:13E-6. Persons affected by proceedings; appearance or statement of facts Any person whose name is mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by any member of the agency or its counsel at such a hearing tends to defame him or otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record of the investigatory proceeding. L 1968, c. 375, s. 6, eff. Dec. 27, 1968.
.

52:13E-7. Rights or privileges granted by agencies Nothing in this act shall be construed to prevent an agency from granting to

witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may
determine.
L
.

1968, c. 376, s. 7, eff. Dec. 27, 1968.

52:13E-8. Dissemination of evidence adduced at private hearing Except in the course of subsequent hearing which is open to the public, no

testimony or other evidence adduced at a private hearing or preliminary conference or


interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a

private hearing or preliminary conference or interview before a committee or other multimember investigating agency shall be disseminated or made available to the public by any member of the agency, its counsel or employees, except with the approval of a majority of the members of such agency. Any person who violates the provisions of this
subdivision shall be adjudged a disorderly person. L 1968, c. 376, s. 8, eff. Dec. 27, 1968.
.

52:13E-9. Hearing conducted by temporary state commission

No temporary State commission having more than two members shall have the power to take testimony at a public or private hearing unless at least two of its members
are present at such hearing. Nothing in this section, however, shall be deemed to prevent the State Commission of Investigation from conducting private hearings, on an investigation

previously undertaken by a majority of the members of the commission, with one commissioner present, when so designated by resolution pursuant to the provisions of
section 12 of P.L.1968, c. 266 (C. 52:9M-12). L 1968, c. 376, s. 9, eff Dec. 27,1968. Amended by L.1984, c. 110, s. 5, eff. Aug. 3, 1984.
.

52:13E-10. Right of members to file statement of minority views Nothing in this act shall be construed to affect, diminish or impair the right, under any other provision of law, rule or custom, of any member or group of members of a committee or other multimember investigating agency to file a statement or statements of minority views to accompany and be released with or subsequent to the report of the

committee or agency.
L
.

1968, c. 376, s. 10, eff. Dec. 27, 1968.

Chapter 13 of Title 52 of the Revised Statutes


Article 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; legal and clerical
assistance

Any joint committee of the legislature, any standing committee of either house, or any special committee directed by resolution to enter upon any investigation or inquiry, the pursuit of which shall necessitate the attendance of persons or the production of books or papers, shall have power to compel the attendance before it of such persons as witnesses and the production before it of such books and papers as it may deem necessary, proper and relevant to the matter under investigation. Any such committee shall also have the power to employ such legal and clerical assistance as it may deem necessary to the proper
conduct of the investigation,
52:13-2. Summons for witnesses; execution

If any person upon being summoned in writing by order of any committee mentioned in section 52:13-1 of this title to appear before such committee and testify, fails to obey such summons, the speaker of the house of assembly or the president of the senate may, upon application to him, by warrant under his hand order the sergeant at arms of the house over which he presides to arrest such person and bring him before the committee, and the sergeant at arms shall thereupon execute the warrant to him so directed.
52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusal
to answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or any other law to conduct an investigation or inquiry shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the state. All such witnesses may be sworn by any member of the committee conducting the investigation or inquiry; and all witnesses sworn before any such committee shall answer truly all questions put to them which the committee shall decide to be proper and pertinent to the investigation or inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to any such questions shall be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the witness for perjury in respect to his answers to such questions. Any witness who refuses to answer any questions decided by the committee to be proper and pertinent shall be guilty of a misdemeanor; and any witness who, having been summoned to appear before any such committee, fails to appear in obedience to the summons or, appearing, refuses to be sworn shall be guilty of a misdemeanor.
52:13-4. Expenses of investigations; payment The state treasurer shall, upon the warrant of the state comptroller, pay the fees and

mileage of witnesses called, the compensation of legal and clerical assistance employed and the expenses of the sergeant at arms of either house in the execution of warrants

pursuant to section 52:13-2 of this title, when the same shall be certified as correct and necessary by the chairman of the committee under whose authority and by whose order
the same shall have been incurred, but only when the chairman s
,

certificate has received

the approval of the governor.


Article 2. Contempts of Joint Legislative Committees. 52:13-5. What constitutes contempt; report thereof to legislature Whenever, in any investigation or inquiry by any committee constituted by joint resolution of the legislature to enter upon or make such investigation or inquiry, any witness summoned or subpoenaed to appear before such committee to testify or to

produce books, documents, papers or records, shall willfully neglect or refuse to appear
in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce any books, documents, papers or records commanded to be produced by the summons or subpoena, or shall refuse to be sworn or affirmed, or shall refuse to answer any question put to him which the committee shall decide to be proper and pertinent to such investigation or inquiry, or shall in any other way contemn the authority or privileges of the legislature, and the facts alleged to constitute any such contempt shall have been reported by any such committee to the legislature, the alleged contemner shall be tried, and the alleged contempt determined, as hereinafter provided.
52:13-6. Joint session to determine alleged contempt; order for arrest; service

The senate and general assembly may by concurrent resolution direct that the senate and general assembly meet in joint session at a time and place therein fixed for the purpose of hearing the evidence and arguments regarding the alleged contempt and may order that a warrant, directed to any sergeant at arms of either house or of the joint session or to any sheriff, police officer, member of the state police, constable or other peace officer, issue in such manner as shall be prescribed in and by the concurrent resolution for the arrest of the alleged contemner and the production of him at the bar of such joint session, there to be heard.
52:13-7. Hearing by joint session At the time and place fixed as aforesaid, or at any adjournment, the joint session shall sit and summarily hear the evidence and the arguments relating to the alleged contempt.

The joint session shall adjourn from time to time until the matter shall have been disposed of and the alleged contemner shall appear and attend at each and every such
adjourned session.
52:13-8. Contemner,s rights

Any alleged contemner shall have the right to be heard before the joint session, to be represented by counsel, to call witnesses in his behalf, and to examine and cross-examine
witnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolution

After the joint session shall have heard the evidence and such arguments as may be made, the senate and the general assembly shall separately convene and shall separately

consider and determine the alleged contempt; and the determination shall be by a concurrent resolution, which may originate in either house.
52:13-10. Sentence; order of commitment

Any person found to be guilty of a contempt of the legislature by a concurrent resolution of the two houses thereof, as hereinbefore provided, may be sentenced to

imprisonment in the state prison or in the common jail of any county for any period not
exceeding six months as shall be directed in and by the concurrent resolution determining the contempt, for the execution of which such concurrent resolution may order that a commitment shall issue, directed to any sheriff, police officer, member of the state police, constable or other peace officer, and to the keeper of the state prison or the keeper of the common jail of any county, which commitment shall be signed by the president of the senate and the speaker of the house of assembly in office at the date of the issue thereof. 52:13-11. Continuing validity of commitment Any commitment issued in accordance with section 52:13-10 of this title shall remain valid and effective until the imprisonment therein set forth shall have been served, notwithstanding the legislature which directed the issue of the commitment may meanwhile have adjourned or ended.
52:13-12. Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended for hearing on a charge of contempt under a warrant issued by direction of a concurrent resolution as provided in section 52:13-6 of this Title, in such amount and with such surety as the judge shall determine to be reasonable, to appear before the Joint Session of the Legislature, at the time and place fixed by the warrant as well as at any and all adjournments thereof, and to stand to and abide such determination and sentence as may thereafter be found or imposed against the person so apprehended. Such recognizances shall run in favor of the State of New Jersey and shall be filed by the judge in the office of the Secretary of State.
Amended by L.1953, c. 49, p. 853, s. 2.

52:13-13. Powers given additional to other powers

The powers given by this article shall be in addition to the powers given by article 1 of this chapter (s. 52:13-1. et seq.).

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STATE OF NEW JERSEY

Select Committee on Investigation


to

David Wildstein

Attn: Mr. Alan L. Zegas Law Office of Alan L. Zegas


552 Main Street

Chatham, New Jersey 07928

SUBPOENA

Duces Tecum

Writ Returnable on or before

5:00 p.m., February 3, 2014


to

Select Committee on Investigation c/o Charles A. Buono, Jr. Office of Legislative Services
State House Annex
PO Box 068

Trenton, New Jersey 08625

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