Middleboro Review 2: POLITICO Massachusetts Playbook: Revisiting Healey’s pot pardon promise

Friday, January 13, 2023

POLITICO Massachusetts Playbook: Revisiting Healey’s pot pardon promise

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With Lisa Kashinsky

CAMPAIGN THROWBACK — It’s been just over three months since Maura Healey said that, if elected, she would pardon all state-level simple marijuana possession convictions in Massachusetts.

Her promise came just after President Joe Biden announced a plan to issue similar pardon sat the federal level, urging governors to follow his lead.Then-Gov. Charlie Baker demurred, citing the expungement process already in place .

But so far, Healey's pledge appears to have taken a back seat to the nascent administration's other priorities. So, as Healey rounds out her first full week in office, Playbook took a look at the logistics of issuing the pardons and, TL;DR, it’s complicated.

Healey faces two pitfalls: First, according to GBH News legal analyst and Northeastern law professor Daniel Medwed, there’s the difficulty of finding everyone who fits the bill — a task complicated by the age of many of the convictions.

“These cases are probably pretty old , because there’s been less of a push to arrest people and charge people with marijuana crimes in the last 10-20 years anyway,” Medwed told Playbook. He noted that, while you can pardon someone without locating them, it’s not ideal and there are likely thousands of people who would qualify. “You want to make sure that everyone benefits from the pardon by being able to claim that they were forgiven for that offense, which has a benefit in job searches and various other things.”

Healey would also need the consent of the Governor's Council. And the sheer scale and novelty of this type of pardon leaves a lot of room for potential legal issues to crop up.

“It’s uncharted waters,” Councilor Joseph Ferreira told Playbook.

The typical process for granting pardons in Massachusetts starts with the Advisory Board of Pardons, a subset of the parole board, which makes recommendations to the governor. If the governor approves, then, constitutionally, the pardon also requires the advice and consent of the Governor's Council.

These steps came into play in the last few months, when Baker attempted a controversial pardon of two people convicted in a day care sex abuse case from the 1980s. The Advisory Board of Pardons wouldn’t recommend the pardon , but Baker moved forward with the bid anyway, only stopping when he realized he wouldn't have enough votes from the Governor's Council.

That case was rare, and the council goes along with the governor the majority of the time. But Medwed warns against thinking of the council’s approval as a rubber stamp.

There are eight seats on the council, each elected from their respective districts.But there’s a vacancy after Baker tapped one for a clerk magistrate position last month. To make things even more complex, the vacancy leaves the Legislature with a chance to appoint a councilor.

Karissa Hand, Healey’s press secretary, told Playbook the governor will be “evaluating the best course of action with her team.”

GOOD FRIDAY MORNING, MASSACHUSETTS. I’m filling in for Lisa today — coming to you from just outside of Boston. Did you attend the Sacred Cod march this week? Send tips and your favorite obscure Massachusetts traditions to sgardner@politico.com or @sophie_gardnerj .

PROGRAMMING NOTE: Massachusetts Playbook will not publish on Monday, Jan. 16, in observance of Martin Luther King Jr. Day. We’ll be back in your inbox on Tuesday, Jan. 17. In the meantime, email Lisa at lkashinsky@politico.com .

TODAY — Rep. Richard Neal announces federal funding in Westfield at 1 p.m. Healey, Lt. Gov. Kim Driscoll and Boston Mayor Michelle Wu attend the Embrace unveiling at the Boston Common at 1 p.m. The special legislative commission reviewing two contested state representative races holds hearings at 10 a.m. and 2 p.m. at the State House.

THIS WEEKEND — Former secretary of state candidate and NAACP Boston Branch President Tanisha Sullivan is on WBZ’s “Keller @ Large” at 8:30 a.m. Sunday. Plymouth DA Timothy Cruz is on WCVB’s “On the Record” at 11 a.m. Sunday.

PROPAGANDA: A message from NextEra Energy:

A Beacon Research poll of Massachusetts’ voters conducted in July 2022 showed that a majority support the use of clean, low-cost, carbon-emissions free nuclear energy to fight climate change . Over 70% of informed voters support including nuclear energy to fight rising energy costs and climate change.

THE LATEST NUMBERS

— “Boston-area COVID wastewater levels plunge but ‘numbers remain HIGH,’ Massachusetts virus cases drop 7%,” by Rick Sobey, Boston Herald: “Meanwhile, the state Department of Public Health reported 9,360 virus cases over the last week. The daily average of 1,337 COVID cases from the last week is down 7% from the daily rate of 1,439 virus infections during the previous week.”

DATELINE BEACON HILL

— “With Democrats in control, Massachusetts legislators prepare for biggest push to tighten gun laws in years,” by Sarah L. Ryley, Boston Globe: “Massachusetts legislators say they will file at least two-dozen gun safety bills by next week … But they also face unusually formidable opposition, with the growing ranks of gun owners in the state and a looming threat that the starkly conservative U.S. Supreme Court could strike down a raft of provisions that are considered cornerstones of the state’s existing gun safety laws.”

— More: “Gov. Maura Healey pledges to push for strong gun laws in Massachusetts,” by Alison Kuznitz, MassLive: “‘We have some of the strongest gun laws in place, and we’re safer as a result of that, but it’s not enough,’ Healey said during an interview Thursday morning on Java with Jimmy , as she lamented ongoing gun violence in Boston and around Massachusetts. ‘I just think at the heart of so much of this, Jimmy, is a failure to address some of the root causes of violence.’”

— “Healey pledges new task force to weigh equity in state government,” by Katie Lannan, GBH News: "Appearing live on the internet broadcast Java with Jimmy , Healey told host James Hills she plans to soon issue an executive order creating an interagency task force to look at equity across commissions, departments and the various secretariats in her cabinet."

— “Healey administration replaces embattled head of Chelsea Soldiers’ Home,” by Mike Damiano, Boston Globe: “The replacement of Superintendent Eric Johnson with a new acting superintendent, Robert Engell, comes a day after the Globe reported on large overtime payments to the home’s director of nursing, known as an ally of the superintendent, and a week after the state’s top watchdog, Inspector General Jeffrey Shapiro, sent a scathing letter about conditions at the home to the administration of former governor Charlie Baker.”

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president’s ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today .

FROM THE HUB

— “Boston launches COVID-19 wastewater surveillance program,” by Dialynn Dwyer, Boston.com: “The Boston Public Health Commission said Wednesday the wastewater surveillance program will use samples gathered at 11 manholes across the city in order to get ‘more localized estimates’ of how much of the virus and its variants are circulating across Boston’s neighborhoods.”

— “Mayor Wu announces new office aimed at helping city’s youngest residents,” by Eli Curwin, Boston.com: “[Boston Mayor Michelle] Wu announced in a press conference the creation of the Office of Youth Engagement and Advancement, or OYEA, an office tasked with promoting youth voices in city decision-making and ensuring positive youth development. Wu also announced that the city will be giving $1.5 million in Youth Development Fund grant awards to 60 nonprofit organizations.”

TRANSITION TIME

— “AG-elect Andrea Campbell names deputies, other top staff ahead of inauguration,” by Alison Kuznitz, MassLive: “Attorney General-elect Andrea Campbell named three deputies with strong ties to the office and a bevy of other executive bureau hires Thursday, with her historic inauguration as the first Black woman to hold the post less than a week away. Campbell tapped Sarah Cable, Rontear Pendleton and Abigail Taylor as deputy attorneys general.”

PROPAGANDA: A message from NextEra Energy:

ALL ABOARD

— “Warren, Markey demand updates on DPU attempts to staff up and beef up MBTA oversight,” by Taylor Dolven, Boston Globe: “The senators want to know how many new staff members with transit experience have joined the department’s MBTA oversight office, what kind of additional field work the DPU is doing for T oversight, and the status of several corrective action plans in place.”

PARTY POLITICS

— “Mass. GOP chairman may have violated campaign finance law, party treasurer alleges, in escalating woes for state Republican Party,” by Emma Platoff, Boston Globe: “Treasurer Pat Crowley told fellow Republicans Thursday that he believes [MassGOP Chair Jim] Lyons improperly coordinated with an outside spending group, the Mass Freedom Independent Expenditure Political Action Committee, in engaging an opposition research firm to dig up dirt on Governor Maura Healey during last year’s governor’s race.”

DAY IN COURT

— “Mass. AG tells Supreme Court student loan forgiveness is legal,” by Luis Fieldman, MassLive: “The Massachusetts AG’s office said it is leading a coalition of 22 attorneys general in filing an amicus brief in two Supreme Court cases involving the debt cancellation plan: Biden v. Nebraska and Department of Education v. Brown.”

JOIN NEXT TUESDAY TO HEAR FROM MAYORS AROUND AMERICA: 2022 brought in a new class of mayors leading “majority minority” cities, reshaping who is at the nation’s power tables and what their priorities are. Join POLITICO to hear from local leaders on how they’re responding to being tested by unequal Covid-19 outcomes, upticks in hate crimes, homelessness, lack of affordable housing, inflation and a potential recession. REGISTER HERE.

WARREN REPORT

— “Warren backs Porter in California Senate primary,” by Ali Vitali, NBC News: “Sen. Elizabeth Warren, D-Mass., Thursday endorsed fellow progressive Rep. Katie Porter in her newly-announced bid for Senate in California. … Warren’s marks the first major endorsement in the burgeoning primary battle for the California seat — still currently occupied by Democratic Sen. Dianne Feinstein. Porter officially announced her intention to seek the seat on Tuesday, even though Feinstein has not yet said if she is running for a sixth term. For Warren, it’s an endorsement that’s both political and personal.”

— “Key Mass. lawmakers demand answers from J&J on children’s Tylenol and Motrin shortages,” by Dana Gerber, Boston Globe.

THE NATIONAL TAKE

— FLORIDA MEN IN THE LEAD: Florida Gov. Ron DeSantis edged former President Donald Trump 51 percent to 49 percent in a hypothetical GOP primary matchup surveyed in a new UMass Amherst national poll . But Trump leads DeSantis 37-34 in a larger field of potential candidates including former Vice President Mike Pence and former South Carolina Gov. Nikki Haley. Both are within the poll’s 3.55 percent margin of error.

HEARD ‘ROUND THE BUBBLAH

TRANSITIONS — Tom Meyers and Zachary Hyde join Withers from Brown Rudnick's Boston office.

— Margaret Boyle isthe new assistant VP for government affairs and public relations at Western New England University in Springfield. Boyle was previously communications director for Rep. Richard Neal.

— Anahita Dua of MGH/Harvard Med and Healthcare for Action PAC, Scott Hadland of MGH/Harvard Med and Sonia Singhvi of Alexion Pharmaceuticals have been named Presidential Leadership Scholars .

HAPPY BIRTHDAY — to Gina Christo of Rivera Consulting and GBH’s Paul Singer.

HAPPY BIRTHWEEKEND — to Yael Sheinfeld and Nick Murray, who celebrate Saturday; to state Rep. Kate Hogan, former Pittsfield city councilor Helen Moon, Omar Sedky and Bruce Schneier, who celebrate Sunday; and to Monday birthday-ers Erin Buechele and Jonathan Hankin.

NEW HORSE RACE ALERT: TEA LEAVES AND OATMEAL COOKIES — GBH’s Katie Lannan and Axios Boston’s Mike Deehan join hosts Steve Koczela and Jennifer Smith to review the first week of Maura Healey’s gubernatorial term. Oatmeal cookies and Cabinet appointment tea leaves are on the menu. Subscribe and listen on iTunes and Sound Cloud .

Want to make an impact? POLITICO Massachusetts has a variety of solutions available for partners looking to reach and activate the most influential people in the Bay State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness among this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com .

A message from NextEra Energy:

Affordable, carbon-emissions free, reliable electricity from nuclear energy. Seabrook Station lowers consumer energy costs in Massachusetts and New England by providing a year-round, low-cost, baseload energy supply. And American-made nuclear energy supports hundreds of jobs across New England.

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