BROKEN TRUST: GOV. CORZINE HAS A.G. RABNER ON SUPREME COURT SPIN CYCLE

Governor Corzine appears to have initiated the second go-round in his multi-part strategy to put A.G. Rabner in the seat of retiring Chief Justice Zazalli.

The first phase was to create Brand Rabner in the public’s mind by making him the Governor’s Counsel and Attorney General.

The second phase was to wait until the last minute to announce the appointment and thus provide enough uncertainty to prevent any opposition from zeroing in on a sitting target.

The third phase began on Thursday, May 31, 2007, when anonymous "administration officials" leaked to the press that Governor Corzine will announce, at a press conference scheduled for Monday, June 4, 2007, A.G. Rabner is his choice to replace C.J. Zazalli on June 17, 2007. And, of course, Governor Corzine's Office refused to comment (1).

The purpose of the Thursday’s release, therefore, is threefold. First, it gives the press a "scoop" and thus a reason to quickly print the story, i.e. to create buzz. Second, it sets the tone and frames the buzz in those stories by sending otherwise busy reporters scurrying to put together some relevant combination of facts, quotes and analysis by deadline. Third, it uses the timing as a foil to unfavorable news . Without more then, Monday's announcement is old news, out of the headlines - a fate resigned to. By Monday night the media's eyes and reporting attention will be on the State's primary elections. And, in a week, plus or minus, Rabner will be quietly confirmed.

Based on newspaper articles it appears Governor Corzine's early head count makes the appointment of A.G. Rabner a go. But, as your read them, ask yourself some questions: Do the things said about A.G. Rabner show essential and enough attributes, as opposed to being good but not necessary nor enough characteristics, to warrant making him the next Chief Justice? Do they identify Governor Corzine’s mission, what he wants the Court to be?

Peter G. Verniero (Disgraced former Justice) "... From what I know of Stuart, he’s up to the task.” COMMENT: Then again, racial profiling is up.

Senate President Richard Codey: " 'This was expected all along.' ... Rabner 'is an excellent choice. I think he's fair,' said Codey, who represents Rabner's hometown … . 'I don't necessarily think he tilts either way, ideologically. He's a man of integrity and a voice of reason.'" COMMENT: What the hell did he say? Without a legal ideology there is neither a legal mode nor method and thus only arbitrary, as opposed to fair, judgments. Isn’t that called judicial activism?

Senate Minority Leader Leonard Lance "said he did not want to 'pre-judge' the confirmation process, but 'as a starting point, I would say that Stuart Rabner received our support when he was confirmed to be attorney general.' Lance also said he worked well with Rabner when Rabner was Corzine's chief Counsel last year." COMMENT: Looks good, feels good.

Senator Adler (Chairman of the Senate Judiciary Committee) "who graduated from Harvard Law School a year before Mr. Rabner, said of his qualifications: 'I have a very high regard for Stuart Rabner as an attorney, as a public servant and as a person. And in whatever capacity he serves New Jersey, New Jersey is better off.'” COMMENT: Rabner for Governor!

Senator Gerald Cardinale said "it would be 'one of the better appointments' that Corzine has made." COMMENT: Seems to imply Governor Corzine has pretty low standards.

The Fourth phase will begin with NJ Bar provided unsubstantiated anointing, followed by a short Judiciary Committee hearing, ASAP, with an equally quick Senate vote. Speed of approval is necessary to prevent in depth review and legislative accountability. It facilitates ignoring, silencing or ridiculing any opposition. Why? Because when you scratch the surface, Meagan's Law litigation aside, one might find A.G. Rabner to be neither qualified nor impartial.



FOOTNOTES:
(1) This post was ready for release on the morning of 06 - 04 - 07, but was not published. Please accept our apology. Because it is an analysis of Governor Corzine's strategy, however, for better or worse, it is unchnaged. thus, the decision was made to publish it today. Thank you for you patience.

(2) Monday's announcement may or may not be as advertised. It could be a feint and the Governor might name someone else. But that would anger a lot of reporters. Such an Administration in-your-face on the heels of the anonymous official certainty incorporated by so many reporters into creating their stories would hurt the reporters (source checking) and their employers' credibility (the Fourth Estate) and damage the administrations ability to spin future leaks. Or, the announcement could be a variant of the leak. If, over the weekend, an opposition with the power to stop A.G. Rabner appears stronger than anticipated, Governor Corzine could appoint him to the Supreme Court as a justice. Someone else, like tenured Justice Virginia Long, might be elevated to Chief Justice. Justice Long retires no later than 2012. This path would advance A.G. Rabner to the Court and give him another chance within 5 years. An improbable, but practical Plan B.