Third hearing on Race to the Top application at the Statehouse today began with fireworks between Sens. Barbara Buono and Tom Kean Jr., above
State Sens. Barbara Buono and Tom Kean Jr. went toe-to-toe today at a hearing at the Statehouse. They are shown here in a July file photo. TRENTON — Superior Court Judge Linda Feinberg today swiftly denied a motion by Wireless Generation, the company that helped New Jersey produce its failed Race to the Top application, to quash a subpoena from the state Senate.
The company had asked the judge to prevent the subpoena, saying it didn't have enough time to produce the documents and testimony requested by Senate Majority Leader Barbara Buono (D-Middlesex). In addition, the Attorney General's office had asked the company to withhold some documents, wrote a lawyer for the company in a legal brief.
"This puts Wireless in the impossible situation of being caught between the conflicting demands of the Legislature and executive branches of the state," Harvey Johnson wrote.
Feinberg, in Mercer County, denied the motion in less than half an hour. Lawyers for the company declined to comment after the court hearing.
The Democrat-controlled Legislature is holding its third hearing on the states Race to the Top application, which was scuttled by a clerical error, leading to the loss of almost $400 million in federal funding.
Wireless Generation, as well as fired education commissioner Bret Schundler, is scheduled to appear.
"The subpoena stands," said Derek Roseman, spokesman for the Senate Democrats. "The subpoena is very direct that they have to appear on this date."
At the Statehouse, news of Feinberg's ruling delayed the start of the hearing. And when it finally got under way shortly before 10 a.m., the fireworks began quickly.
Buono announced the ruling at the courthouse and said "the Legislature has the inherent power to investigate." As for Wireless, she announced "I assume they will be here later in the day."
Within minutes, Senate Minority Leader Tom Kean Jr. (R-Union) went toe-to-toe with Buono, raising procedural objections and attempting to have a second Republican added to the committee for the day's testimony. At one point, Buono cut off Kean and proceeded with the hearing despite his comments.
Accusing Kean of trying to delay the proceeding on Gov. Chris Christie's behalf, Buono told Kean the governor was "subverting and undermining the independence of the legislative branch of government" and said "I’m ruling you out of order soon."
Kean said the subpoenas were "a very serious consequence" and insisted that Buono allow Sen. Kevin O'Toole (R-Essex), a key Christie loyalist, to attend the hearing. Democrats wanted to stop that. In the back of the room, Senate President Stephen Sweeney (D-Gloucester) said he didn't want to let O'Toole serve for the day "because I don't have to substitute, that's why."
Within minutes, the committee broke to get briefed on Senate rules.
Then, after a recess, based on the rules, Buono said she was ruling Kean's motion out of order.
When the committee reconvened, Buono and Kean again mixed it up. She said, "Sen. Kean, stop talking ... I will ask you to be removed from the room."
Kean again interrupted and Buono exclaimed: "Oh my God" and she also asked committee staffers to turn off his microphone.
They debated what, if any, e-mails would be submitted by Schundler because the Christie administration has instructed him to invoke executive privilege.
Finally, Schundler was sworn in and went through his lengthy opening statement.
Christie spokesman Michael Drewniak accused Democrats of "political theater."
"It’s another diversionary sideshow conducted at the expense of New Jerseyans who want real, immediate action on important reform measures that have otherwise been stalled in the Legislature," he said in a statement. "For reasons unknown, the bold reform plan Governor Christie unveiled over the past month – ethics reform, pension and benefits reform and education reform – continues to be ignored while Democrats in both houses engage in a partisan circus. "
By Chris Megerian and Josh Margolin/The Star-Ledger