Plugged In @ Hinman Straub

July 26, 2021

What’s Inside

  • Assembly Judiciary Chair Issues Warning to Governor’s Staff
  • Attorney General Announces Massive Settlement with Opioid Distributors
  • Senate Hearing on Ethics Reform Rescheduled
  • Independent Redistricting Commission Begins Work
  • Another Challenger to Rep. Stefanik Announces Candidacy
  • Rochester Mayor and Husband Plead Not Guilty on Weapons and Child Endangerment Charges
  • Political Updates
  • Reminders and Links
  • Coming Up

Assembly Judiciary Chair Issues Warning to Governor’s Staff

The Assembly Judiciary Chair, currently presiding over the Assembly impeachment investigation of Governor Cuomo, released a letter directed at members of the Governor’s staff warning of severe repercussions for continued comments that the Chair believes to be attempts to retaliate or intimidate witnesses. The letter follows multiple instances of the Governor’s communications director suggesting, via Twitter, that the Attorney General’s investigation is politically motivated based on her desire to run for Governor. The Attorney General’s investigation hit a milestone last week when reports surfaced that the investigators would be questioning the Governor over the weekend, likely the last interview needed. The Governor has not been seen publicly since.

The Governor’s counsel responded to the letter by saying “[t]here is a clear difference between actionable retaliation and protected speech and it is clear that the Chairman doesn’t understand the difference. We will have a formal response forthcoming.” Shortly after the response from the Governor’s counsel, his outside Attorney issued a formal response raising issue with the Chair’s characterization of the staff member’s comments and arguing that the very same are protected speech.

When asked for comment on the back and forth between the Assembly Judiciary Chair and the Governor’s counsels, Assembly Speaker Heastie deferred by saying “I’m treating the impeachment inquiry the same way we deal with ethics investigations,” he said. “The committee makes their decisions and I await their results. The questions and the discussions are more in the hands of Judiciary Committee.” The Speaker also suggested that the Attorney General’s investigation is not likely to trigger an impeachment proceeding without first reaching a conclusion of the Judiciary Committee’s own review.

Debra Katz, attorney for one of the Governor’s accusers said in response to Speaker Heastie’s remarks:

The provisions of this section shall not be interpreted as relieving any employer from the requirements of any other state or federal guidance or requirements related to preventing the spread of an airborne infectious agent or disease to employees and third parties such as customers, contractors, and members of the public within the workplace.” (Id.)

Speaker Heastie has made clear that he will actively obstruct efforts to hold Governor Cuomo responsible even if, as we expect will be the case, the Attorney General’s investigators substantiate the multiple allegations of sexual harassment levied against the Governor by Ms. Bennett and the other complainants. Speaker Heastie’s statement is a betrayal of the duties of his office and demonstrates that his loyalty is to Governor Cuomo, and not to either the rule of law or to the women who have been victimized by the Governor in clear violation of the law.

A spokesperson for Speaker Heastie said in response to Ms. Katz statement:

The Speaker’s comments are being mischaracterized. He simply said that upon receiving the AG’s report the Judiciary Comm should add it as part of its review but also should be allowed to conclude its work, because sexual harassment is one of multiple issues being investigated. It was a speculative question about a report that is yet to be concluded. We don’t know what the report will say, but as the Speaker has said, he trusts the AG.

Attorney General Announces Massive Settlement with Opioid Distributors

Attorney General Letitia James announced a settlement agreement with three of the nation’s largest drug distributors. The $1.1 billion agreement is the largest monetary settlement ever negotiated by Attorney General James. The agreement resolves claims made by the Attorney General for the three companies’ role in helping to fuel the opioid epidemic and will remove the three distributors from New York’s ongoing opioid trial, currently underway in Suffolk County State Supreme Court. As part of the agreement, McKesson, Cardinal Health, and Amerisource Bergen will pay the state a total of up to $1,179,251,066.68, of which more than $1 billion will go towards abatement. Payments will start in just two months and will continue over the course of the next 17 years. The larger global agreement with the three distributors and Johnson & Johnson will reach as high as $26 Billon over the next 18 years.

Attorney General James said:

For more than two decades, the opioid epidemic has wreaked havoc on countless communities throughout New York and across the rest of the nation, killing hundreds of thousands of our friends and family members and addicting millions more. And over the course of these past two decades, McKesson, Cardinal Health, and Amerisource Bergen distributed these opioids without regard to the national crisis they were helping to fuel. But today, we’re holding them accountable and delivering more than $1 billion more into New York communities ravaged by opioids for treatment, recovery, and prevention efforts — bringing the statewide total our office has negotiated in the last month alone to more than $1.6 billion. While no amount of money will ever compensate for the millions of addictions, the hundreds of thousands of deaths, or the countless communities decimated by opioids, this money will be vital in preventing any future devastation.

Senate Hearing on Ethics Reform Rescheduled

The State Senate Ethics hearing that was postponed last week due to issues surrounding the Open Meetings Law has been rescheduled. According to the Ethics Committee Chair, Senator Biaggi, the meeting will now take place on August 25th in Albany. The meeting will be in person in order to avoid the same issue that derailed the first meeting. Senator Biaggi has been a vocal critic of the Joint Commission on Public Ethics (JCOPE), New York’s public ethics and lobbying regulator.

Independent Redistricting Commission Begins Work

The new Independent Redistricting Commission kicked off a statewide public listening tour last week to solicit public input on the redistricting process. This will be the first redistricting process undertaken by the commission. In mid-August, the U.S. Census Bureau will release the raw data that will be used to draw new district maps for both the U.S. House of Representatives and the state legislature. On September 15, the commission must publish initial maps based on that data and then hold another series of hearings to solicit public comment. In January, the commission will submit final maps to the legislature. The Legislature can approve the maps, or send them back for modifications. After receiving the modifications the Legislature can accept or reject the maps totally and draw their own lines. The Governor will then need to sign or veto, however, the Legislature has enough votes in both chambers to override any veto.

Another Challenger to Rep. Stefanik Announces Candidacy

Former member of the U.S. National Speed Skating Team, Brigid “Bridie” Farrell announced her candidacy for the U.S House of Representatives. Farrell will challenge Elise Stefanik in the race for NY-21. Stefanik will be a formidable opponent having incumbency, a national profile, a Republican enrollment advantage and significant fundraising capabilities. Stefanik has defeated opponents by increasing margins since first being elected in 2014. Farrell is not a stranger to the halls of the Capitol as she was a leading advocate for the Child Victims Act.

Farrell said:

I am running for Congress because I want to give back to the very communities that gave me so much while growing up, training, competing, and chasing my Olympic dreams in the 21st district. From the ice in Lake Placid and the trails in the High Peaks, to my crowded family kitchen table in Saratoga, my values and drive to compete and succeed were born in the North Country.

Rochester Mayor and Husband Plead Not Guilty on Weapons and Child Endangerment Charges

Rochester Mayor Lovely Warren and her husband pleaded not guilty to charges related to weapons possession and child endangerment this week. The charges stem from a search warrant executed in May in connection with the investigation of a mid-level drug operation, though the Mayor is not facing charges related to that case. During a search of her home in connection with the drug case, the police found a rifle and handgun that were not secured and her ten year old child left home alone. Warren’s husband is also facing several drug related charges. Warren is also facing separate federal charges in an unrelated case concerning campaign finances.

Joe Damelio, Warren’s attorney, said:

I believe these charges should not have been brought against her. She is not a drug dealer, she’s not a person who possess guns. And I believe that the truth, when we get to trial, will ultimately come out.

Political Updates

Vernon Downs owner says Cuomo administration strong-armed him, other track owners.

Wall Street Journal: Gov. Andrew Cuomo Is Losing Major Political Donors Amid Federal, State Probes here.

After a weekend of interviews, a waiting game for investigations into Gov. Cuomo.

Ethics agency investigating Cuomo aide’s calls.

Which Democrats could run statewide in 2022?

Times Union: Cuomo staff attendance records withheld for ‘law enforcement purposes’ here.

Page Six: Gov. Cuomo’s team promotes fishy story about Preet Bharara as smokescreen here.

New York lawmakers prepare for coming redistricting.

Assemblyman Lawler raises $51k, highest in Republican Assembly Conference.

Reminders and Links

City & State NY’s Weekly Winners and Losers here.

Coming Up

The Senate will hold a public hearing on homecare workforce challenges and solutions on July 27.

The Senate will hold a public hearing to solicit testimony on voting experiences and issues from voters in New York City on July 28.

JCOPE will hold its next meeting on July 27.

The Senate will hold a second public hearing to solicit testimony on voting experiences and issues from voters in Syracuse on August 4.

The Senate will hold a second public hearing to solicit testimony on voting experiences and issues from voters in Rochester on August 5.

The Public Service Commission will hold its next meeting on August 12.

RESCHEDULED The Senate will hold a public hearing on New York State’s system of ethics oversight and enforcement on August 25.

The Board of Regents will hold their next meeting on September 13 and 14.