Ehrlich Operative Moves To Repel Probe Subpoena

The political operative whose work for Maryland Gov. Robert L. Ehrlich Jr. earned him the nickname "Prince of Darkness" is fighting efforts by state lawmakers to force him to testify in Annapolis tomorrow morning, according to court papers made public yesterday.

An attorney for Joseph Steffen has prepared a motion to quash the legislative subpoena he received last Tuesday, according to papers sent to the state attorney general's office yesterday.

For months, state lawmakers have sought to bring Steffen before the special committee they set up to investigate the Ehrlich administration's dismissal of scores of state workers.

Democrats in the legislature view Steffen as a crucial witness to the Republican governor's personnel strategy and also hope he will describe his marching orders when the governor's chief of staff dispatched him to be a troubleshooter in three state agencies.

For much of the past year, investigators said, they could not locate Steffen to serve a subpoena. When he finally resurfaced last month, Steffen pledged to cooperate with the probe. But yesterday, Steffen's attorney surprised the lawmakers with the court filing.

"He has said repeatedly that he would love to come before the committee, that he had nothing to hide," said House Speaker Michael E. Busch (D-Anne Arundel). "I'm wondering why has he suddenly gotten cold feet."

Steffen's attorney, George S. Robinson IV, did not return calls yesterday, and Steffen could not be reached. But the motion that Steffen's attorney prepared for a Harford County judge revives an argument made by Ehrlich's general counsel last year.

The motion argues that the special legislative committee lacks the authority to issue a subpoena. Assistant Attorney General Robert A. Zarnoch said yesterday that he will fight the motion.

Ehrlich's general counsel, Jervis S. Finney, made the same contention in letters to legislative leaders when he received subpoenas for state documents. But Finney did not take the matter to court and negotiated with the legislature over which documents to produce.

Republicans have questioned whether the probe is merely a political witch hunt, saying it has produced no evidence that the Ehrlich administration did anything illegal. The committee's work has come in the midst of heightened partisanship in Annapolis, with Ehrlich casting his campaign for reelection as a battle against what he calls the Democratic Party "monopoly" that has controlled politics in Maryland for a generation.

Democrats, however, suspect that Steffen's decision to fight the subpoena comes not from any concern about discussing Ehrlich's personnel policies. He has spoken freely about that in numerous interviews, saying he did recommend that people be fired, but not on the basis of their political party.

"I think they might have concerns about what he might reveal about dirty tricks," said Sen. Brian E. Frosh (D-Montgomery). "It's conceivable that both he and Ehrlich have a lot to hide about [Steffen's] past work."

Steffen name first surfaced in The Washington Post in connection not with the personnel questions but with his Internet discussions about one of Ehrlich's chief rivals, Baltimore Mayor Martin O'Malley (D). Steffen took credit for helping "give float" to a widely circulating rumor that O'Malley was having an extramarital affair -- a rumor the mayor vehemently denied.

In other postings, Steffen made reference to other work he did behind the scenes for Ehrlich, writing that he was known in campaign circles as "Dr. Death" and that "[p]art of my unwritten job description is to hurt people."

Ehrlich has brushed off Steffen's assertions as "just silly stuff."

Ehrlich spokesman Henry Fawell said that the governor had nothing to say about Steffen's decision to fight the subpoena but that "the evidence continues to pile up that the Ehrlich administration is overwhelmingly bipartisan and follows the personnel laws of state government."

Del. Jean B. Cryor (R-Montgomery), who sits on the committee, said she considers Steffen's court filing the latest unfortunate turn in the long-running saga.

"I'm always surprised, and never pleasantly," she said.