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John M. Fahy Deposition 2-20-01

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John M. Fahy Deposition 2-20-01 NEW JERSEY STATE LEGISLATURE OFFICE OF LEGISLATIVE SERVICES IN RE: ) TRANSCRIPT ) OF SENATE JUDICIARY ) ELECTRONICALLY COMMITTEE INVESTIGATION ) RECORDED DEPOSITION ) OF ) JOHN M. FAHY TUESDAY, FEBRUARY 20, 2001 * * * * * * * * * * * * * * * TAKEN BEFORE: JAMES V. BOWEN, Notary Public of the State of New Jersey, for the Offices of J & J COURT TRANSCRIBERS, INC., a Certified Transcription Agency, at the Office of Legislative Services, State House Annex, Trenton, NJ 08625, commencing at 10:23 a.m.. ********** A P P E A R A N C E S: Senate Democratic Staff By: JO ASTRID GLADING, ESQ. STEVEN HOLDEN, ESQ. Latham & Watkins By: MICHAEL CHERTOFF, ESQ. SCOTT LOUIS WEBER, ESQ. One Newark Center Newark, NJ 07101 Office of Attorney General By: ALLISON ACCURSO, Assistant Attorney General Richard J. Hughes Justice Complex 25 W. Market Street Trenton, NJ 08625 Transcriber, Beatrice A. Creamer J&J COURT TRANSCRIBERS, INC. 268 Evergreen Avenue Hamilton, NJ 08619 (609)586-2311 FAX NO. (609)587-3599 2 1 I N D E X 2 3 WITNESSES PAGE 4 5 JOHN M. FAHY 4 6 7 EXHIBITS EVID 8 9 F-1 Resolution 1/29/01 15 10 F-2 Memo from Waugh to Dentino 67 11 F-3 Memo 74 12 F-4 Lesson Plan Outline w/2 cover memos 84 13 F-5 Memo 90 14 F-6 Memo 114 15 F-7 Letter 5/11/95 119 16 F-8 Memo 3/12/96 122 17 F-9 Agenda 4/12/96 137 18 F-10 Report 4/17/96 149 19 F-11 Memo w/U.S. Supreme Court Decision 152 20 F-12 Memo 170 21 F-13 Memo 184 22 F-14 Memo 189 23 F-15 Calendar 212 24 F-16 Memo by Gilbert 4/14/96 214 25 F-17 Memo to Fedorko 10/4/96 215 3 1 EXHIBITS EVID 2 3 F-19 Memo 255 4 F-20 Document 257 5 F-21 Memo 270 6 F-22 Document 273 7 F-23 Document 278 8 F-24 Document 282 9 F-25 Document 283 10 F-26 Letter 1/3 289 11 Examination - Fahy 4 1 ASSISTANT ATTORNEY GENERAL JOHN M. FAHY, WITNESS, SWORN 2 MR. CHERTOFF: Got over the oath. All right. 3 That’s the hard part. Just state your name for the 4 record and spell it, please. 5 THE WITNESS: John M. Fahy, F-a-h-y. 6 MR. CHERTOFF: Okay. And you’re represented 7 by whom? 8 MS. ACCURSO: By the Office of the Division 9 of Law, the Department of Law and Public Safety, 10 Allison Accurso, Assistant Attorney General. 11 MR. CHERTOFF: Okay. 12 THE WITNESS: I just want the record to be 13 clear. I didn’t ask for representation -- 14 MR. CHERTOFF: That’s okay. 15 THE WITNESS: -- and I come here freely as a 16 witness. 17 MR. CHERTOFF: I understand you’re not being 18 represented in your personal capacity. 19 THE WITNESS: Yes. 20 MR. CHERTOFF: You’re being represented as an 21 employee of the -- of the Department of Law and Public 22 Safety. 23 THE WITNESS: Yes. I want the record to show 24 that. 25 MR. CHERTOFF: Okay. And I’m going to tell Examination - Fahy 5 1 you that we’re here by virtue of a resolution that was 2 approved by the Senate Judiciary Committee on January 3 29th of 2001, which we can mark as an exhibit, and I’ll 4 show you and your counsel. I’ll mark it as Exhibit F- 5 1? F-1. And while we’re doing that, I’ll also tell 6 you that I’m Michael Chertoff. I am counsel to the 7 Committee. You see Senator Gormley here as Chairman of 8 the Committee. Minority counsel is present, Jo 9 Glading, and my associate is present also, Scott Weber. 10 I will ask you questions. I think the Senator may ask 11 you questions. Minority counsel may ask you counsels 12 as well. 13 THE WITNESS: Um-hmm. That’s fine. 14 MR. CHERTOFF: Okay. All right. Let me ask 15 you, do you -- how are you currently employed? 16 THE WITNESS: I’m an Assistant Attorney 17 General. 18 MR. CHERTOFF: And with the Department of Law 19 and Public Safety? 20 THE WITNESS: Yes, Division of Criminal 21 Justice now. 22 MR. CHERTOFF: And what are your 23 responsibilities? 24 THE WITNESS: Right now? 25 MR. CHERTOFF: Yeah. Examination - Fahy 6 1 THE WITNESS: I’m -- I work in the 2 Prosecution Section. I am a supervisor. I review all 3 of the criminal cases for legal sufficiency. I’ve kind 4 of reached the point in my career where I don’t have to 5 go to court and try cases so much but I’m there to give 6 advice. I help supervise State Grand Jury from I guess 7 the technical side of it, make sure it runs 8 efficiently. I’m the liaison with the Assignment 9 Judge, Linda Feinberg, who is by statute responsible 10 for supervising the State Grand Jury. I give advice to 11 people in the chain of command, or Directors and Deputy 12 Directors. Like everywhere else, sometimes they follow 13 it, sometimes they don’t. Legal review. 14 MR. CHERTOFF: Before we proceed, I want to 15 just indicate we received some documents. I guess 16 they’re Bates stamped SP-129881 through SP-12995, which 17 we received today as part of the production of 18 documents. And -- these I gather are pertinent to you. 19 I don’t know if we’re going to finish today or have to 20 call you back, but we will obviously try to move them 21 in the period of time we have here. 22 MS. ACCURSO: These are documents that Mr. 23 Fahy turned over pursuant to a request from our Office. 24 As I believe the Committee is aware, the Attorney 25 General has stated that production of racial profiling Examination - Fahy 7 1 documents is ongoing and -- production. These 2 documents, while most of Mr. Fahy’s documents were 3 included and were provided in advance of our last 4 production, these got set aside, just didn’t get in, 5 for no obvious reason. 6 THE WITNESS: It was certainly through no 7 fault of mine. I -- lot of them. 8 MS. ACCURSO: That’s certainly true. I’ll 9 take the blame on that one. 10 THE WITNESS: -- I want the record to be 11 clear. 12 MR. CHERTOFF: I don’t -- 13 THE WITNESS: I didn’t -- I didn’t produce 14 these documents today to bring to the Committee. 15 MR. CHERTOFF: Okay. All right. 16 MS. ACCURSO: No, actually, I didn’t realize, 17 I’m sorry, I apologized to Scott earlier, until Friday 18 afternoon, but in order to be sure that the Committee 19 had them before them -- 20 MR. CHERTOFF: Okay. Well, I -- 21 MS. ACCURSO: -- sure you have them today. 22 MR. CHERTOFF: -- I appreciate we’re getting 23 them, albeit belatedly. All right. Let’s proceed. 24 Mr. Fahy, when did you first come to work for the 25 Department of Law and Public Safety? Examination - Fahy 8 1 THE WITNESS: In 1978. I was a intern, 2 summer law clerk. My family knew John Degnan and he 3 helped me get the job. And then again, in ‘79, I 4 returned and worked in the Appellate Section in 5 Criminal Justice. And I made some contacts there, they 6 liked my work, and I got hired by the Appellate Section 7 in October 23rd of 1980. 8 MR. CHERTOFF: That was straight out of law 9 school? 10 THE WITNESS: Straight out of law school. 11 MR. CHERTOFF: Where did you graduate from 12 law school? 13 THE WITNESS: Villanova Law School, and I 14 graduated May of 1980. Before that I went to 15 University of Scranton with a Bachelor of Arts in 16 history, a fine Jesuit school. They teach you the 17 first day to say that. 18 MR. CHERTOFF: All right. All right. Now in 19 1980 you came to the Department of Law and Public 20 Safety. How long did you work in the Appellate 21 Section? 22 THE WITNESS: Just a short time. I was hired 23 for the Appellate Section, but they needed an attorney 24 to work with Fred DeVesa and Jim Mulvihill. I forget 25 what the project was. John Degnan had some project on Examination - Fahy 9 1 law enforcement. They wanted somebody who was a 2 younger attorney who could write well, that’s what I 3 was told, and they plucked me out of the Appellate 4 Section, and that was probably the best thing that 5 happened for me career wise, because the Appellate’s a 6 great place to work but you can sit there without 7 getting noticed for a long time. 8 MR. CHERTOFF: Okay. And so where did you 9 move after the Appellate Section? 10 THE WITNESS: Well I -- as I’m Prosecutor 11 Supervisory Section, that handles general legal advice 12 to the Prosecutors. 13 MR. CHERTOFF: When did you make that move? 14 THE WITNESS: That soon, like almost when I 15 got sworn on. I wasn’t -- when you start, you’re a Law 16 Clerk on October 23rd. I became Deputy Attorney 17 General in December of 1980. John Degnan wasn’t there 18 so Judy Yaskin swore me in.
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