Gov. Phil Murphy’s announcement Thursday that he is nominating former chief counsel Matt Platkin to be New Jersey’s next attorney general has rekindled scrutiny over how Platkin and other members of Murphy’s inner circle responded to allegations that a top campaign staffer raped a volunteer.
In 2018, Katie Brennan publicly accused former Murphy official Al Alvarez of raping her after a gathering during the governor’s 2017 campaign. She also testified that despite telling top Murphy aides, including Platkin, about the matter, Alvarez — who denied the allegations and has never been charged with a crime — kept a six-figure state job for months, resigning only when a newspaper was about to publish a story on the issue.
A legislative panel held high-profile public hearings on the matter and produced a report saying senior Murphy officials “seriously mishandled” the accusation, misled lawmakers, and ultimately failed Brennan. They specifically said Platkin made “sloppy” legal decisions.
Shortly after Murphy announced Platkin’s nomination to become New Jersey’s top law enforcement official, Brennan tweeted Thursday afternoon the decision is “deeply disappointing and sends a terrible message to survivors of sexual violence.”
“New Jersey deserves an AG representing the highest standards of ethics and the legal profession,” Brennan wrote. “We can do better.”
Meanwhile, Republican state Sens. Steve Oroho and Michael Doherty on Friday morning said the state Senate Judiciary Committee should thoroughly vet both Platkin’s handling of Brennan’s allegation and how he helped Murphy, a Democrat, combat the coronavirus pandemic with extensive emergency powers.
“We have extremely serious concerns about Matt’s handling of Katie Brennan’s allegations of sexual assault and the guidance he provided Governor Murphy as chief counsel on the use of emergency powers during the pandemic,” said Oroho, R-Sussex, the Senate minority leader. “Matt is obviously a very smart guy, but he shouldn’t expect a free pass to avoid the scrutiny a nominee for Attorney General deserves.”
Platkin, a 35-year-old Montclair resident who was the top lawyer in the governor’s office until leaving last year to join a private practice, will become acting attorney general Feb. 14.
It’s up to the Democratic-controlled state Senate to confirm Platkin — long one of Murphy’s closest confidants — for the formal position. A confirmation hearing before the Senate’s judiciary committee has not been set yet.
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State Senate President Nicholas Scutari, D-Union, told NJ Advance Media on Friday he hopes Platkin will be confirmed.
“I think he did an admirable job being counsel to the governor during a very difficult time, at the beginning of a pandemic that no one had ever seen before,” Scutari said during an interview at his legislative office in Linden. “And he’s a very smart young guy, and I think he’s grown a lot since he’s taken that position and gone back into private practice and now looking to come back as attorney general.”
Asked whether he expects Platkin to be confirmed, Scutari said: “I hope so. I don’t know. But I hope so.”
But Scutari said he agreed Platkin “needs to be carefully vetted” and that “the vetting process is very important.”
Asked if he’s concerned about Platkin’s role in how Brennan’s allegations were handled, Scutari said: “I don’t know enough to know if I should be concerned. But that’s obviously something we’ll find out about.”
Platkin declined to comment Friday. He said Thursday his “highest priority will always be keeping our residents safe.”
Brennan was a top housing official in Murphy’s administration when she publicly made her accusations against Alvarez, then a top education official in Murphy’s administration, in 2018. She testified before lawmakers that she “had access to the highest positions of power, and at each turn my pleas went unanswered.” She also said she lived in fear for months that she would run into Alvarez as they both held state jobs and that she was so nervous, she went to Platkin for help.
Murphy has said he didn’t know about the allegations until Alvarez stepped down.
Platkin, who was a top policy adviser on Murphy’s campaign before becoming chief counsel to the governor, testified before the committee that he did not know who hired Alvarez for his state job and he believed confidentiality rules barred him from telling Murphy about Brennan’s allegations.
“I can understand why, especially with the benefit of hindsight, a different conclusion might be appropriate,” Platkin told the panel in 2019. “But I acted in accordance with what I understood, based on the training I received.”
The committee said in its final report in 2019 there was no legal justification for not informing the governor. The panel also accused Platkin of making weighty decisions “based on one hour of (Equal Employment Opportunity) training” and without consulting an employment lawyer.
The committee said it appeared Murphy’s aides were “more concerned with avoiding negative publicity than following proper protocols and getting to the truth of the matter.”
A separate report commissioned by Murphy cleared top aides of wrongdoing and blamed the ordeal on a on a failed system.
For his part, Alvarez told NJ Advance Media in 2019 he has “been maligned in the press,” “forced out of a job,” and was now a “pariah in the public.”
Brennan, who has since left her state job and now works for New York Gov. Kathy Hochul’s administration, also sued the state and later settled with New Jersey and Murphy’s campaign for $1 million. She donated the money after attorney fees to the Waterfront Project, a non-profit group in Hudson County that helps sexual assault survivors.
Jeannine LaRue, a former deputy chief of staff to former Gov. Jon Corzine who recently served on a special committee examining sexual harassment in New Jersey politics, said she has had “deep conversations” with Platkin about what happened during that period.
“I think if Matt could do it over again, he would have done some things different,” LaRue said. “I have no doubt about that. There’s no way in the world Matt Platkin hasn’t learned a whole lot since 2018.”
LaRue said she supports Platkin becoming attorney general.
“I want somebody like him sitting in that chair,” she said. “If he doesn’t become AG, we will have missed an opportunity. Matt Platkin is what we need for this moment.”
Murphy on Thursday praised Platkin as having the “strong legal skills” and “empathy” needed to be attorney general.
Alyana Alfaro, a spokesman for Murphy, did not comment specifically on Platkin’s role in the Brennan controversy but said in a statement to NJ Advance Media that Platkin is “a once-in-a-generation legal talent whose depth of experience, record of public service, and commitment to issues like gun safety and voting rights will make him an extraordinary Attorney General.”
“The Governor has seen Matt’s legal acumen up close for many years, and the Governor can speak firsthand to Matt’s dedication to New Jersey and the people who call our state home,” Alfaro added. “The Governor looks forward to Matt’s confirmation.”
A string of public officials — from both major political parties — released statements applauding Murphy’s pick, calling Platkin an intelligent lawyer with a passion for justice.
Meanwhile, Doherty, R-Warren, also criticized Platkin on Friday for having never worked in law enforcement or as a prosecutor.
“I’m not sure being a close associate of Governor Murphy is enough to qualify him to lead the largest and most important law enforcement department in New Jersey,” the Republican senator said. “We’re looking forward to having that discussion with him.”
The attorney general oversees the New Jersey State Police, county prosecutors, the state Department of Law and Public Safety, and any lawsuits filed by the state.
Platkin needs 21 votes in the Senate to be confirmed. There are 24 Democrats alone in the chamber .
But first, Platkin needs the support of the four members of the Senate who live in Essex County — all of whom are Democrats. In New Jersey, senators who live in a nominee’s home county have senatorial courtesy, meaning they can stop that nominee from advancing.
One of them, Senate Majority Leader Teresa Ruiz — a member of the legislative panel that investigated the handling of Brennan’s allegations — said Thursday that Platkin has shown “commitment to public service” and he will receive “a fair and thorough review.”
Another, Sen. Richard Codey, released a statement that didn’t mention Platkin at all but praised three other people who were reportedly considered for the post: assistant U.S. Attorney Jamel Semper, state Assemblyman John McKeon, D-Essex, and Bruck.
Former state Senate Majority Leader Loretta Weinberg, a Bergen County Democrat who co-chaired the Brennan panel, told NJ Advance Media she’s “hopeful” Platkin “doesn’t come in there as the governor’s chief counsel but rather the independent attorney general.”
NJ Advance Media staff writer Susan K. Livio contributed to this report.
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Brent Johnson may be reached at bjohnson@njadvancemedia.com. Follow him at @johnsb01.
Matt Arco may be reached at marco@njadvancemedia.com. Follow him on Twitter at @MatthewArco.
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