Jacobsen also asked Schar why Kelly and Stepien don’t have reasonable cause to fear criminal prosecution since the U.S. Attorney is also investigating the lane closures. The judge also questioned whether the subpoena was overly broad.
Marino, Stepien's lawyer, insisted that handing over the documents would incriminate his client.
He also said that the investigation was politically motivated, echoing what Christie allies have said of the panel dominated by Democrats. Marino said his role was to bring this “out of the realm of politics and into the realm of law where it belongs.”
Later, Marino said, "I feel very strongly that Bill Stepien is an innocent man. An innocent man who is being ensnared by ambiguous circumstances.... [He's] someone who has every much the same right to express his Fifth Amendment privilege as someone who is in fact guilty of a crime."
It’s not clear when the judge will rule if the documents do need to be turned over.
ABC News' Aaron Katersky and Josh Margolin contributed to this report