The independent commission tasked with investigating the circumstances surrounding the Oct. 25 mass shooting in Lewiston has rightly asked for subpoena power to make sure they have full access to documents and witness testimony. That request came in November as the commission’s work got underway.
Gov. Janet Mills and Attorney General Aaron Frey, unable to grant that power themselves, have rightly asked the Legislature to provide this subpoena power now that lawmakers are back in session and announced legislation on Wednesday that would do so. Very encouragingly, Maine Senate and House of Representatives leadership from both parties have cosponsored the bill, rightly demonstrating a seemingly unified understanding of the need to fully support the commission in its fact-finding effort.
Now it is time for the full Legislature to do the right thing, and quickly, by delivering this subpoena power to the investigators. A Judiciary Committee hearing on this bill is scheduled for Monday, Jan. 29.
As shown in a commission meeting Thursday that included staff from the Sagadahoc County Sheriff’s Office, many officials and agencies (if not all of them) can participate in the investigation without being compelled by a subpoena. But as commissioners have convincingly pointed out, that might not prove to be the case across the board. Some individuals or agencies might not want to participate, or may feel they are unable to participate because of privacy laws or other legal restrictions. That is where subpoena power could and should come into play.
“This legislation, which comes at the request of the Independent Commission, will ensure that the commission has the tools it needs to fully and effectively discharge its critical mission of determining the facts of the tragedy in Lewiston,” Mills and Frey said in a joint statement on Wednesday. “We know that the Legislature shares the goal of understanding the facts in an independent, nonpartisan manner, are grateful for the bipartisan support of the four legislative leaders, and hope the Legislature will quickly approve the measure.”
We share that hope, and have much higher expectations that it will come to fruition now that the legislation has the backing of both Democratic and Republican leadership in the Legislature. While Democrats in both bodies and House Republicans both seemed inclined to support this subpoena power in November, Senate Republican leadership expressed some skepticism.
Senate Republican Leader Trey Stewart explained to the Portland Press Herald how conversations with Mills and Daniel Wathen, the chair of the commission, helped address concerns within his caucus.
“We had a really good conversation with the governor on this,” Stewart told the Press Herald. “She gave her explanation of what’s been going on and what the plan is for this power. I would say the vast majority of folks from my caucus are overwhelmingly in support.”
Stewart also said that Wathen “came in to our caucus, explained what was happening with the commission, what the plan is, what the specific need is for this power and answered all our questions around it, and I think that made a lot of folks more comfortable.”
We were somewhat dismayed by the Senate Republican hesitance in November, and we are thankful that they have listened to input from the commission and the governor. This demonstrates the power of conversation, and of a good explanation. It should be followed, swifty, by the Legislature providing this much-anticipated subpoena power.