July 25, 2014

To: File

From: Michael W. Khoo

Re: New Jersey Legislative Select Committee on Investigation

Subject: July 23, 2014 Telephone Interview of Damon DiMarco

On July 23, 2014, Reid J. Schar and Michael W. Khoo interviewed Damon DiMarco by telephone. DiMarco’s counsel—Dan Sweetser of Szafreman Lakind—also participated telephonically. This is not a verbatim transcript of the interviews, nor is it intended to be. Rather, what follows is a summary of the significant topics discussed, arranged by subject matter, not chronologically.

I. BACKGROUND

DiMarco attended high school with , the former deputy executive director of the Port Authority. The two have been close friends since their teenage years. DiMarco co-authored a book with Baroni, Fat Kid Got Fit: And So Can You!, recounting Baroni’s struggle with weight loss.

After high school, DiMarco earned a bachelor’s degree in English from and later an MFA from . He has worked as an and is the author of several non-fiction books, including an oral history of the 9/11 terrorist attacks on the World Trade Center. DiMarco also teaches writing and undergraduate theater at Drew University.

In addition to his writing and acting, DiMarco worked from 2004 to 2009 as a consultant to a software company. He learned in April 2009 that the company would be laying off consultants, at which point he contacted friends and acquaintances, including Baroni, to identify other employment prospects. In spring 2010, Baroni contacted DiMarco and encouraged him to apply for a position at the Port Authority. DiMarco did so and, after interviewing with the Port Authority’s director of marketing, was hired as publications editor.

In his Port Authority position, DiMarco edits both internal and external newsletters, oversees the drafting of the annual report, and reviews marketing materials. He has also worked on public speeches for both Baroni and executive director Pat Foye. DiMarco reports to marketing manager Hilary McCarron, who in turn reports to the acting marketing director, David McGrath. DiMarco said that he never reported directly to Baroni and that even when he assisted Baroni or Baroni’s office, he did so through McCarron or McGrath.

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DiMarco’s older brother is married to Gretchen DiMarco, who served as Baroni’s special assistant during his time at the Port Authority. However, DiMarco said he had no professional interactions with Gretchen and that even his personal interactions were infrequent and non-substantive.

DiMarco said that, given his ties to Baroni, he is often considered a political appointee of Gov. Chris Christie. However, he noted that he has lived in Manhattan for more than 20 years, does not vote Republican, and does not have a “complimentary opinion” of the Christie administration.

II. DAVID WILDSTEIN

DiMarco said he did not know David Wildstein very well. He described Wildstein approaching the cubicles of Port Authority employees (including DiMarco) and staring in silence. DiMarco felt this behavior was intended to intimidate employees and make them feel awkward.

DiMarco also recalled an encounter with Wildstein in 2012. Wildstein approached DiMarco and beckoned him into an empty office. Wildstein then told DiMarco that the Port Authority no longer required his services. DiMarco stated that his work had been satisfactory and asked for an explanation, but, according to DiMarco, Wildstein would not elaborate. DiMarco said he then returned to his desk, prepared to raise the matter with human resources if necessary. However, nothing came of the incident, and, despite Wildstein’s suggestion that DiMarco would be terminated, no further action was taken.

DiMarco said Wildstein was regarded as a representative of the New Jersey governor’s office who wielded power with “a remarkable degree of whimsy.”

III. GEORGE WASHINGTON BRIDGE LANE CLOSURES

DiMarco had no advance knowledge of or involvement in the closure of the Fort Lee access lanes to the George Washington Bridge in September 2013. He first learned of the issue through press accounts and described himself as “outraged” by what appeared to be an abuse of authority in closing the lanes. DiMarco said he has no substantive knowledge about why the lanes were closed or how the decision to do so came about. He said there is plenty of “scuttlebutt” within the Port Authority about what may have happened and why, but he has no first-hand knowledge and does not know who might have such knowledge.

DiMarco did not assist Baroni in preparing for his November 25, 2013 testimony before the Assembly Transportation Committee. Nor does he have insight into the reasons for Wildstein’s resignation from the Port Authority on December 6, 2013, or Baroni’s resignation one week later on December 13.

DiMarco reviewed an email he sent to Baroni on January 9, 2014,1 the day after the Kelly-Wildstein emails had been publicly released and the day of Gov. Christie’s press conference acknowledging Kelly and Wildstein’s roles in the controversy. Under the subject “hang in there,” DiMarco wrote, “Still digesting what I’ve seen today. How are you holding up? Here if you need me.” DiMarco said he used his and Baroni’s private Gmail accounts to send the message as he considered the communication a private matter between lifelong friends.

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The following day, in the same email thread, Baroni replied, “About to get brutal.” DiMarco said he did not at the time know what Baroni meant, but in hindsight he believes that Baroni foresaw the extent to which the scandal would widen and ultimately affect himself, former Port Authority chair David Samson, and Port Authority deputy counsel Phillip Kwon.

DiMarco ended the email exchange with “Turn the fuckers in.” He explained that, although he has no actual knowledge or information, he believes the Christie administration is guilty either of orchestrating the lane closures or of “spectacular mismanagement.” His suggestion that Baroni should turn someone in was based on a belief that his friend, Baroni, had gotten in “way over his head” and was holding on to information in order to protect others. However, DiMarco emphasized that this is based entirely on speculation and conjecture.

DiMarco also reviewed a January 15, 2014 email concerning an inquiry he received from an Asbury Park Press reporter working on a profile of Baroni.2 As a “personal and professional courtesy,” DiMarco forwarded the request to Baroni and asked if he should respond. DiMarco believes that Baroni advised him not to reply to the media outreach and, in any case, DiMarco ignored the reporter’s inquiry.

DiMarco said that as the lane closure controversy attracted increased public attention in January and February 2014, he was checking in on Baroni weekly via text or email. During that time, he said, Baroni consistently replied that he was “doing fine,” which DiMarco attributed to Baroni’s ability to compartmentalize his life. In any event, Baroni never provided DiMarco any substantive information regarding the lane closures.

DiMarco has had no contact with Wildstein since his resignation.

IV. PORT AUTHORITY REFORM

DiMarco said that, in his opinion, management of the Port Authority is undermined by the top-down interference of political appointees. In particular, he noted the testimony before the Assembly Transportation Committee of Robert Durando, general manager of the George Washington Bridge, that Durando’s opposition to the lane closures had been overridden by Wildstein. DiMarco said the authority is staffed by many dedicated, skilled professionals who are occasionally caught in political sniping between the New York and New Jersey sides of the agency. He recommended that political operatives be replaced with “actual transportation officials.”

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