WILSON v. CORZINE & KATZ – A TIME TO EVERY PURPOSE, EVEN EMAIL

This time and space had originally been blocked out to discuss why it is thought the Union negotiation emails between Governor Corzine and Ms. Katz should be released to the public via Mr. Wilson. It has, however, been decided to delay those posts at least until after the hearing – maybe until after the decision. Based on the considerations below it was decided there is “a time to every purpose” and the time for that discussion is sometime after the August 3, 2007 hearing. Here’s why.

When, logically speaking, the lawyers try to persuade Judge Innes their respective positions are correct and the opposing views are not as valuable to the debate, they will, by the nature of the issues, transcend parochial interests. Yes, it seems clear that Governor Corzine and Ms. Katz have an interest in keeping the emails confidential because they do not want to be embarrassed by any misinterpretation or just plain punditry humor. And, yes Republican Tom Wilson has a political interest in demonstrating the Governor showed poor Executive skills by the mix of his personal life with political decision making. And, yes both are important private interests.

But the potential of mere personal embarrassment does not seem to be enough to keep government records confidential. Conversely, charging a person with errors in political judgment would not seem to be enough to gain release of government documents. The Founding Fathers were well aware of the potential for individuals to use government office for their personal benefit. James Madison said it best:

“In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. ...” Madison, Federalist Papers, # 51.

His solution is equally straightforward:

“The interest of the man must be connected with the constitutional rights of the place. …” Madison, Federalist Papers, # 51.

Thus, it would seem Governor Corzine must show that he needs to keep the documents confidential in order to govern. It would also seem that Mr. Wilson needs to show the documents must be released to insure that the ability to govern actually includes the duty of the government to govern itself. And, after that hearing the weight of the world might well be sitting on Judge Innes’ shoulders.

One might well conclude that if the issues are so important, discussion of the issues are equally important. We each have an interest in the outcome.
ut it is also true that because the issues are so important the timing of the discussion is also important to everyone. As crafting current final drafts has approached their intersection with the hearing date the question of timing has grown. The question is simple: would posting them now be an unhelpful act of advocacy spin or a constructive search for the truth. Don’t know the answer. Maybe both. Both have many implications. However, since the issues are so important, since the answer isn’t clear, and since the shelf life of the posts hopefully extends beyond August 3rd its seems the better practice is not to post prior to the hearing.