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NEWARK, N.J. (AP) — New Jersey Gov. Chris Christie is not charged with any wrongdoing in the criminal case involving the closure of traffic lanes on the world's busiest bridge three years ago, yet his presence looms large over next month's trial of two former subordinates.
The Republican governor, who currently serves as a close adviser to GOP presidential nominee Donald Trump, could play a bigger role if he takes the witness stand.
Defense attorneys for Bridget Kelly, Christie's former deputy chief of staff, and Bill Baroni, a top Christie appointee to the agency that operates the George Washington Bridge linking New Jersey and New York City, have danced around the issue of whether they will subpoena Christie.
The prospect that Christie could testify drew more intrigue last week with a court filing that described a former aide texting that the governor "flat out lied" to reporters in December 2013, when he claimed no one in his office was involved.
Here's a look at the process for Christie to testify, and what's at stake if he does:
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Q: WHAT WOULD HAVE TO HAPPEN TO GET CHRISTIE INTO COURT?
A: The process would start with the defense issuing him a subpoena, which he would probably seek to quash. A judge would have to weigh the relevance of his testimony against the real possibility that putting him on the stand could turn the proceeding into a sideshow.
"There's a balancing test that goes on, and the judge has to determine whether there's a good faith purpose for putting him on the stand," said Barak Cohen, a former federal prosecutor now working as a defense attorney in Washington, D.C.
Neither defense attorney returned messages this week seeking comment on the issue.
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Q: WHAT LEGAL GROUNDS WOULD CHRISTIE HAVE TO QUASH A SUBPOENA?
A: Christie could claim some conversations and correspondences are off-limits because they involve the inner workings of government.
As a state official, Christie cannot use the U.S. Constitution's "speech or debate" clause that protects members of Congress from legal interference with their legislative activities, according to Kelly Kramer, a Washington, D.C.-based attorney with experience defending federal corruption cases.
Christie would not be able to seek the protection of state law either since the trial is in federal court.
"In terms of avoiding testimony entirely, there isn't an obvious hook for a governor to quash a subpoena based on constitutional grounds," Kramer said.
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Q: COULD CHRISTIE BE FORCED TO TESTIFY?
A: Maybe. Even if the judge rules Christie's testimony is relevant, he still could take the stand and refuse to answer questions by asserting his Fifth Amendment rights against self-incrimination, and the defense would not be able to stop him, according to Cohen.
The government could compel his testimony, though, if it chose to offer him immunity. That is often done in front of the judge but out of the jury's presence so jurors only hear the testimony, Cohen said.
The catch for the defense? The government is unlikely to offer immunity to a defense witness who could potentially hurt their case, and judges rarely force them to do it, according to Kramer.
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Q: WHAT EFFECT COULD CHRISTIE'S TESTIMONY HAVE ON THE TRIAL?
A: If Christie testifies, defense attorneys will attempt to show the alleged scheme to punish Fort Lee Mayor Mark Sokolich — and the alleged cover-up — extended far beyond Kelly and Baroni and into the upper reaches of Christie's administration as well as the Port Authority of New York and New Jersey, the agency that operates the bridge.
The government is already seeking to head off this strategy by petitioning the judge to bar the defense from arguing the defendants are being selectively prosecuted.
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Q: HOW COULD TESTIFYING AFFECT CHRISTIE?
A: Christie disputed the "flat out lied" allegation last week and has consistently denied knowing anything about the scheme until well after it was put into action. Those assertions could be challenged during the trial even if Christie doesn't testify, since the defense possesses hundreds of thousands of pages of emails, texts and other communications.
If subpoenaed, Christie would have to do his own balancing test as he looks beyond the end of his term as governor in early 2018. He cannot seek a third consecutive term.
Christie's spokesman referred questions to Christie's attorney, who did not return a message this week regarding whether Christie had been subpoenaed.
"Even though he lost his presidential bid and won't be New Jersey's governor, I think he still thinks he has a political future," Kramer said. "I think his calculus is going to be to protect his political brand to the greatest extent possible."
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Follow David Porter at http://twitter.com/DavidPorter\_AP .
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