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Judge Weighs Dismissing Hantz Marconi Charges

Associate Supreme Court Justice Anna Barbara Hantz-Marconi continues to push for a dismissal of the criminal charges against her, saying there’s no evidence she did anything illegal.

Merrimack Superior Court Judge Martin Honigberg is considering her motion to dismiss after Monday’s hearing in Concord. Hantz-Marconi is facing felony charges for allegedly trying to pressure former Gov. Chris Sununu and Pease Development Authority Chair Steve Duprey into dropping the criminal investigation of her husband, Geno Marconi, the former state ports director.

Hantz-Marconi’s lawyer, Richard Guerrero, told Honigberg that witness interviews recorded by prosecutors demonstrate no crime was committed.

“Our position is that even Supreme Court justices have a right to speak to public officials about matters of public concern and about matters of private concern, and we don’t think that these indictments, any of them, state a crime,” he said.

But Assistant Attorney General Joe Fincham argued a jury ought to decide if a crime was committed based on Hantz-Marconi’s intent, not just the words she allegedly spoke to Sununu and Duprey.

“So that is the ultimate issue, frankly, in this trial: what was her intent? Was it a benign protected First Amendment intent, or was it a corrupt criminal intent?” Fincham said.

If Hantz-Marconi was intent on pressuring Sununu to drop the investigation, the key prosecution witness seems to have not noticed. According to the transcripts filed with Hantz-Marconi’s motion to dismiss, Sununu told investigators she never tried to get him to interfere in the Geno Marconi criminal investigation.

“No, there was no ask, there was nothing ‘Governor, I wish you could do this,’ or there was nothing like that. She was expressing frustration. Clearly not asking me to do anything,” Sununu told investigators. “I, I didn’t get the sense that, I didn’t get the sense that anything was illegal about the conversation.”

Hantz-Marconi met with Sununu on June 6, 2024, in his office, along with Rudy Ogden, Sununu’s then legal counsel. At the time, Hantz-Marconi was recusing herself from sitting in on Supreme Court cases involving the New Hampshire Department of Justice due to the investigation into her husband.

Geno Marconi was placed on leave from his job in April, and a criminal investigation took off. By October, Geno Marconi was indicted for allegedly giving another person the private driver’s record of an individual known as N.L., and for destroying evidence.

Hantz Marconi was indicted the same week for her alleged attempt to pressure Sununu and Duprey into dropping the investigation. The charges are based on a phone call Hantz-Marconi made to Duprey and the June 6 conversation with Sununu. Ogden told investigators that Hantz-Marconi never asked Sununu to get involved in her husband’s investigation.

“[T] hat’s why I say in terms of her not asking for anything, it – it never was, it never went more than saying this needs to end quickly…Like it was never it needs to end quickly and geez, if you talk to them you should tell them that, or this needs to end quickly and I think you can do that. It was never anything like that,” Ogden told investigators.

Duprey told investigators he spoke with Hantz-Marconi as a friend, and listened as she expressed her frustrations with the ongoing criminal investigation.

“I think she was very appropriate in not trying to cross the line,” Duprey said.

Duprey and the PDA had placed Geno Marconi on paid leave in April after being told of the investigation by New Hampshire Attorney General John Formella. That disclosure occurred in April at the Department of Justice in a meeting attended by Sununu.

Facing criminal charges, Geno Marconi recently submitted paperwork to retire from his state job. He’s also a defendant, along with the PDA, in a new lawsuit brought by owners of the Rye Harbor Lobster Pound. The lobster shack owners claim Marconi used his position as ports director to hurt their business in order to help friends and family with competing businesses.

Geno Marconi’s sister owns the nearby Geno’s Chowder & Sandwich Shop, a restaurant started by their parents.

Lobster Rolled? Lawsuit Says Marconi Abused Power to Target Rival Chowder Biz

Geno Marconi used his authority as the New Hampshire Ports Director in an attempt to drive a rival business out of Rye Harbor, according to a lawsuit filed on Friday in Merrimack Superior Court.

The lawsuit, brought by the owners of the popular Rye Harbor Lobster Pound, may shed light on the criminal charges against Marconi and the scandal that’s ensnared his wife, Associate Supreme Court Justice Anna Barbara Hantz-Marconi.

Rye Harbor Lobster Pound owners Sylvia Cheever and Nathan Hansom claim Marconi has been trying to bounce their business for years in order to aid his sister, Francesca Marconi Fernald, who operates Geno’s Chowder & Sandwich Shop, a restaurant started by their parents.

According to the lawsuit, Geno Marconi made it impossible for customers to park at the Rye Harbor Lobster Pound, interfered with its business relationship with local lobster fishermen, and imposed a unique “concession fee” shakedown.

“The series of actions taken against Rye Harbor Lobster Pound were driven by Marconi’s desire to harm a competitor to his family business and in retaliation against the Plaintiffs who were not part of Marconi’s network of allied businesses and individuals who worked for or were otherwise connected with the Port Authority,” the lawsuit states.

The concession fee, which took effect in 2023, was a 10 percent tax on RHLP’s gross monthly revenue. In total, the PDA forced RHLP to hand over more than $115,000 in 2023 and 2024.

According to the lawsuit, no other harbor business pays a similar fee at that rate.

“Upon information and belief, no other business was subject to a concessions agreement which required to payment of so-called concessions fees during this time period,” the lawsuit states. 

RHLP has been operating since 1996, and selling prepared food since 2005, according to the lawsuit. The business, like others in the same location, has paid the same $1,000 fee for its right to operate at the harbor, which is controlled by the PDA.

Another business in the harbor which sells prepared food, Rye Harborside, pays the $1,000 minimum fee to operate. Rye Harborside is owned by Granite State Whale Watch, which has connections to Marconi, the lawsuit states.

“Granite State Whale Watch is owned and operated by Sue Reynolds and her son Pete Reynolds. Sue Reynolds’s partner is Leo Axtin, who at all times relevant to this complaint was the Rye Harbor Master and reported to Marconi as the port director,” the lawsuit states.

Marconi began the campaign against the RHLP in 2020, according to Cheever and Hanscom’s lawsuit, after the business managed to succeed despite the COVID-19 lockdowns, according to the lawsuit. Marconi began by trying to force RHLP to stop selling chowder. He failed.

In 2021 the PDA, with pressure from Marconi, refused to grant RHLP a concession agreement for the 2021 season, according to the lawsuit.

Following a public outcry, then-Gov. Chris Sununu stepped in and granted RHLP a waiver to operate. Marconi then had state employees monitor RHLP, Cheever, Hanscom, and their customers, taking videos and keeping a daily activity log, according to the lawsuit.

In subsequent years, the PDA and Marconi reportedly required RHLP to hire security details, undertake building renovations, and remove outdoor seating. Now, Cheever and Hanscom are concerned the PDA will try to block them from operating for the 2025 season.

The lawsuit is seeking an injunction against the PDA allowing Cheever and Hanscom to operate without being subjected to arbitrary rules and without paying Marconi’s shakedown money. They also want monetary damages for the harm Marconi and the PDA reportedly did to their business.

Marconi was suspended last year by the PDA as the New Hampshire Attorney General’s Office opened its criminal investigation into his sketchy behavior. He’s since been indicted for allegedly leaking private driver’s license information and destroying evidence. Marconi recently filed paperwork to retire from his state job.

This isn’t the first time Marconi’s been the subject of a work-related controversy. In 2006, Marconi was accused of misusing public resources for his own benefit, taking improper gifts like lobsters and liquor in his role as ports director, and using racist slurs about a ship captain trying to do business with the state.

A subsequent drive-by shooting at the home of one witness who complained about Marconi has gone unsolved. No one was ever charged for shooting or other threats made against witnesses. Marconi has denied involvement.

Transcript Shows Sununu Denied Crime in Hantz-Marconi Probe

Lawyers for Associate Supreme Court Justice Anna Barbara Hantz-Marconi say the state’s key witness, former Gov. Chris Sununu, doesn’t think she committed any crime.

Hantz-Marconi is charged with felonies for allegedly trying to get Sununu to end the criminal investigation targeting her husband, Ports Director Geno Marconi, during a June 6 meeting in Sununu’s office. 

But in a bombshell filing made public Monday night, Hantz-Marconi’s lawyers say new evidence demands the criminal charges against the sitting justice be dismissed. According to the transcripts filed with Hantz-Marconi’s motion, Sununu told investigators she never tried to get him to interfere in the criminal investigation.

“No, there was no ask, there was nothing, ‘Governor, I wish you could do this,’ or there was nothing like that,” Sununu said according to the transcript. “She was expressing frustration. Clearly not asking me to do anything.”

Defense lawyers Richard Guerriero and Jonathan Kotlier filed the transcripts Friday in Merrimack Superior Court as part of their effort to have the charges dismissed. The attorneys previously filed a motion to dismiss the charges for lack of a crime, to which the state objected. However, the state provided the transcripts to the defense before a decision on the dismissal was made. Guerriero and Kotlier say the state has essentially now proven there was no crime.

“[N]ow that discovery has been produced, it is clear that the defense was exactly right to ask the court to dismiss the indictments because they do not state any crime and because there is nothing in discovery which would inform a bill of particulars or an amended indictment such that the state could allege a crime,” Guerriero and Kotlier wrote.

Hantz-Marconi is currently on leave from the Supreme Court and has agreed to have her law license suspended pending the outcome of the criminal case. She maintains she never crossed any legal or ethical lines when talking to Sununu, an assertion seemingly backed by Sununu’s own words.

“I, I didn’t get the sense that, I didn’t get the sense that anything was illegal about the conversation,” Sununu told investigators. “No, I mean about halfway through the conversation I kept waiting, is she gonna ask me for something, or for something, or to do something, like and even imply that I should, ‘Governor, you need to dah, dah, dah,’ no, never came. So there’s technically no ask of me.”

Present at the June 6 meeting with Sununu and Hantz-Marconi was Rudy Ogden, Sununu’s then-legal counsel. Ogden also told investigators that the judge never asked Sununu to get involved in her husband’s investigation.

“[T]hat’s why I say in terms of her not asking for anything, it – it never was, it never went more than saying this needs to end quickly…Like it was never, ‘it needs to end quickly, and geez, if you talk to them, you should tell them that, or this needs to end quickly, and I think you can do that.’ It was never anything like that,” Ogden told investigators.

Geno Marconi was placed on leave from his position as Ports Director in April while the New Hampshire Attorney General’s Office launched an investigation. That pending investigation forced Hantz-Marconi to recuse herself from hearing cases involving the Department of Justice, a significant part of the caseload for the Supreme Court.

Her frustration at sitting out 20 to 25 percent of the cases led her to speak to Sununu, according to statements filed in court. Hantz-Marconi has previously disclosed she first cleared the potential ethical problems of the meeting with Chief Justice Gordon MacDonald, who told her she had a right to talk to the governor about her concerns.

She is also accused of trying to get Pease Development Authority Chair Steven Duprey to intervene in her husband’s suspension, an accusation Duprey denied when he spoke to investigators, according to the Friday filing.

“According to Duprey, Justice Hantz Marconi ‘was calling, obviously, because I’m a friend.’”

Duprey told the investigators Hantz-Marconi understood he had no say in the investigation, and she never asked him to get involved. Instead she wanted to vent about the difficulties she was facing as a result of her husband’s legal troubles, Duprey said. 

“I think she was very appropriate in not trying to cross the line,” Duprey said.

Geno Marconi was indicted last October along with Brad Cook, the chairman of the Division of Ports and Harbors Advisory Council and a longtime fishing boat captain. They are accused of crimes involving leaking information about an unnamed victim to further an unstated motive.

Marconi illegally provided Cook with the confidential driving records of another person, known in the indictments as N.L., according to the indictments, and believed to be PDA Vice Chair Neil Levesque. 

Marconi also is alleged to have deleted a voicemail in order to hinder any investigation, the indictments state. Cook, for his part, is accused of lying to the grand jury when questioned about N.L.’s driving records.

In a statement, Attorney General John Formella’s office defended the decision to charge Hantz Marconi.

“The Merrimack County Grand Jury heard all of the evidence in this case and determined that there was probable cause to charge the defendant with the crimes for which she was indicted. This case will continue to proceed as required by New Hampshire law, and the defendant will be entitled to the same due process as any other defendant – no more, no less. We will try this case in court based on all of the evidence collected and not in the media using just a portion of that evidence.”

Marconi’s Lawyers Ask — Where’s The (Discovery) Beef?

Prosecutors are more than two months late producing evidence against Ports Director Geno Marconi, his lawyers say, and they’ve filed a motion asking the court to force the state to start showing its hand. If not, the attorneys argue, an upcoming meeting on the disposition of the case should be canceled.

Marconi is charged with felonies in a scandal that’s also snared his wife, Associate Supreme Court Justice Anna Barbara Hantz Marconi, as well as a host of other Granite State political heavyweights.

Marconi’s lawyers filed a motion demanding discovery on Dec. 20, writing that the delays are holding up the case. Marconi was indicted by a grand jury in September, and his lawyers asked for discovery on Oct. 17, according to the motion. Marconi pleaded not guilty on Nov. 27.

“Although the pretrial disclosure in direct indictment cases is typically due 45 calendar days after the entry of a not guilty plea by the defendant … it has now been over 90 days since the defendant was indicted and more than 60 days since discovery was requested,” lawyers Richard Samdperil and Joseph Welsh wrote.

But Rockingham Superior Court Judge Andrew Schulman isn’t pausing the case calendar. In an order issued Dec. 31, Schulman wrote that he “assumes” prosecutors are in the process of getting evidence, including any exculpatory evidence, to Marconi’s lawyers. The case is currently set for a dispositional conference on Jan. 14. 

Marconi is charged with two class B felonies – Tampering with Witnesses and Informants and Falsifying Physical Evidence. He’s also charged with four class A misdemeanors – two counts of Driver Privacy Act Violations and two counts of Obstructing Government Administration.

Marconi and Brad Cook, chairman of the Division of Ports and Harbors Advisory Council and a longtime fishing boat captain, are accused of crimes involving leaking information about an unnamed victim to further an unstated motive.

Marconi illegally provided Cook with the confidential driving records of another person, known in the indictments as N.L., according to the indictments. Marconi also is alleged to have deleted a voicemail message in order to hinder any investigation, the indictments state. Cook, for his part, is accused of lying to the grand jury when questioned about N.L.’s driving records.

It is known that Marconi’s bail orders prohibit him from contacting Neil Levesque, a member of the Pease Development Authority Board. It’s also been reported that Levesque, Pease Development Authority Chair Steve Duprey, and the rest of the board met with Attorney General John Formella and Gov. Chris Sununu in April to discuss the emerging criminal investigation against Marconi.

Marconi and Cook both opposed the PDA’s plan to redevelop Rye Harbor to make it more retail friendly, a plan that Sununu supported. 

Marconi was placed on leave in April, after the meeting with Formella. Hantz-Marconi was forced to recuse herself from Supreme Court cases involving the Department of Justice while the criminal investigation proceeded. Frustrated at being sidelined, Hantz-Marconi met with Sununu in July to talk about the investigation interfering with her ability to serve on the court.

That conversation between Hantz-Marconi and Sununu became the basis for the criminal charges against the associate justice. She’s accused of trying to pressure Sununu to drop the investigation, though she strongly denies that is the case. Hantz-Marconi denies she did anything wrong. In court documents her lawyers have filed, it was learned Chief Justice Gordon MacDonald told her before the July meeting with Sununu that there would be nothing improper with the conversation.

The entire Supreme Court has since recused itself from Hantz-Marconi’s criminal case, as well as from her state attorney discipline process.

Judge Rejects Request to Boot Formella From Hantz Marconi Case, Sununu Claims No Conflict

New Hampshire Attorney General John Formella may owe his career to Gov. Chris Sununu, but that doesn’t stop him from prosecuting Associate Supreme Court Justice Anna Barbara Hantz Marconi, according to a ruling released Wednesday.

Merrimack Superior Court Judge Martin Honigberg denied Hantz Marconi’s motion to remove Formella from the case and to dismiss all the charges against her, saying she hasn’t shown evidence that Formella’s conflict of interest is anything other than speculative.

“Even assuming AG Formella owes much of his legal career to Gov.  Sununu, the Court is not convinced that such a history requires disqualification without a factual basis to support a showing that AG Formella has been or will be unable to perform his statutorily mandated duty to remain impartial given his personal relationship with the governor,” Honigberg wrote.

Richard Guerriero, one of Hantz Marconi’s lawyers along with Jonathan Motlier and Oliver Bloom, said they may appeal Honigberg’s ruling. 

We respectfully disagree with the judge’s decision and we may appeal it at some point. However, this was a preliminary issue arising in the earliest stages of the case. Rest assured, we will continue to fight the attorney general’s accusations on every lawful basis until Justice Hantz Marconi is vindicated,” Guerriero said in a statement.

Hantz Marconi is accused of trying to intervene with Sununu and Pease Development Authority Board Chair Steve Duprey on behalf of her husband, Ports Director Geno Marconi, who is currently under criminal investigation. Marconi is charged with releasing private driver records and destroying evidence in his separate case.

Formella has long been associated with Sununu, working as his private attorney before Sununu ran for governor, serving on his transition team, and later as his counsel in office. Unlike most states where attorneys general are elected by the public, New Hampshire’s is nominated by the governor.

Hantz Marconi’s lawyers argued to the court that Formella’s relationship with Sununu, and Sununu’s role as a key witness in the criminal case against Hantz Marconi, present a disqualifying conflict. They wanted a special prosecutor appointed and the criminal indictments thrown out, since Hantz Marconi claims a potentially biased prosecution team presented evidence to the grand jury. 

But Sununu said during press questions following Wednesday’s Executive Council meeting that Formella goes to the “nth degree” to make sure politics stay out of prosecutions. He also pushed back on an NHPR report showing he was at an April meeting with Formella, Duprey, and other members of the PDA board before Geno Marconi was suspended and the criminal investigation started. Sununu had previously claimed he knew nothing about the case.

“I think that article was complete garbage. I meet with the attorney general all the time. The fact that I had a meeting with the attorney general, (that) it somehow implies that there was something, some other part of the discussion that wasn’t being disclosed, is complete nonsense and awful reporting by (NHPR’s Todd Bookman). It was completely unnecessary and inappropriate,” Sununu said. 

He also made it clear there are two separate cases — Geno Marconi and questions about his actions at Pease, and Hantz Marconi and her alleged actions on her husband’s behalf.

“Justice Marconi is very different from the Geno issue, which is what this (story) was about. I know I’ve never talked to an investigator about that,” Sununu said.

“Put it this way, the attorney general has never questioned me,” he added.

Geno Marconi clashed with the Pease Development Board over a proposed Rye Harbor development that Sununu backed. While the board and Sununu supported spending $1 million in federal money on a raised shopping area at the harbor, Marconi and his co-defendant Brad Cook opposed the plan. The PDA backed off the plan in September following push back from the community. 

Geno Marconi is accused of leaking private information of an individual known as N.L. in the indictments. It’s believed that N.L. is Neil Levesque, PDA vice chair and the executive director of the New Hampshire Institute for Politics at Saint Anselm College.

Levesque was at the April meeting with Formella, Sununu, and the rest of the board.

Soon after Geno Marconi was placed on leave, Hantz Marconi was forced to recuse herself from Supreme Court cases involving the Department of Justice. Frustrated with sitting out important decisions, Hantz Marconi scheduled a meeting with Sununu to discuss the issue, according to court records.

Before she met with Sununu, Hantz Marconi discussed the matter with Chief Justice Gordan MacDonald, who was the attorney general before Formella. MacDonald reportedly told Hantz Marconi there would be nothing illegal or inappropriate in talking to Sununu.

“I think you can do that—You are a constituent and have concerns,” MacDonald told her, according to court records.

Supreme Court Justice’s Husband Hit With Felony Charges as Scandal Spreads

New Hampshire Ports Director Geno Marconi is formally facing criminal charges a day after his wife, Associate Supreme Court Justice Anna Barbara Hantz Marconi, was indicted for interfering in her husband’s criminal investigation.

A grand jury indicted Marconi on two class B felonies – Tampering with Witnesses and Informants and Falsifying Physical Evidence. He’s also charged with four class A misdemeanors – two counts of Driver Privacy Act Violations and two counts of Obstructing Government Administration.

Also charged on Thursday: Bradley Cook, chairman of the Division of Ports and Harbors Advisory Council and a longtime fishing boat captain. Cook was indicted on one class B felony charge for Perjury as well as two counts of class A misdemeanor False Swearing.

Marconi illegally provided Cook with the confidential driving records of another person, known in the indictments as N.L., according to the indictments. Marconi is also alleged to have deleted a voice mail in order to hinder any investigation, the indictments state. Cook is accused of lying to the grand jury when questioned about N.L.’s driving records.

The purpose of the alleged lying and leaking of confidential records by two public officials is not yet clear. Cook spoke to the press before he was called to testify before the grand jury in September. Cook blamed the whole drama on Gov. Chris Sununu and a development plan for Rye Harbor that both Cook and Marconi opposed.

“I would say all of this is because Geno would not bend a knee to Chris Sununu, wouldn’t do what the governor wanted, and instead supports what is right and fair for other people,” Cook told InDepthNH.

Cook did not respond to a request for comment on Thursday. Marconi’s attorneys also did not respond.

Granite State political circles have been buzzing about the Marconis since Geno was placed on leave from his Ports job in April without explanation. That was followed by the stunning news that Justice Hantz Marconi was put on 90-day administrative leave in July, also without an explanation.

It now appears punitive action was taken after she allegedly approached Sununu in a private meeting. Hantz Marconi had been recusing herself from Supreme Court cases involving the New Hampshire Attorney General’s Office for months. The Supreme Court issued a new order Thursday extending Hantz Marconi’s leave indefinitely as she deals with the criminal charges. 

Hantz Marconi, 68, was appointed to the Supreme Court in 2017 after being nominated by Sununu. She is close to the mandatory retirement age of 70 for New Hampshire judges. Her term ends in February 2026.

Cook and Marconi both opposed the Pease Development Authority’s (PDA) $1 million plan to develop a raised platform at Rye Harbor for retail shops and restaurants. Though it had backing from the PDA and Sununu, the plan was amid local opposition shelved in August.

Cook and Marconi are due in Rockingham Superior Court on Nov. 27 for arraignment. Hantz Marconi is due for her arraignment in Merrimack Superior Court on Nov. 21. She’s accused of trying to pressure Sununu to drop the investigation, and she is alleged to have sought private information from PDA Chair Steve Duprey. 

Republicans who spoke to NHJournal on background are split on the matter. Many are friends of Justice Hantz Marconi and find it hard to believe she would intentionally break the law, even on behalf of her husband. Others complain that, once she knew the situation she was in, she should have resigned and allowed another justice to be appointed. And there is widespread criticism of how Formella is handling Justice Hantz Marconi’s part in the scandal.

“If he has enough to charge her, then he should have enough to get her to resign and avoid this mess,” one Republican activist told NHJournal.

Another Republican with close ties to Pease said the information blackout is a problem.

“It’s the biggest mystery out there. Somebody should let us know what the hell is going on. This has been going on forever.”

This isn’t the first time in recent memory a New Hampshire Supreme Court Justice has been in trouble. In 2000, Associate Justice Stephen Thayer’s divorce wound up before the state Supreme Court, forcing two of his fellow members to recuse themselves. That resulted in Chief Justice David Brock appointing two different judges to a panel overseeing the Thayer divorce. 

In the mess that ensued, Thayer was forced to resign to avoid criminal charges and Brock was impeached. He was acquitted in the Senate.

Sununu Calls Campus Protesters ‘Useful Idiots’ for Hamas

Students protesting against Israel’s war with Hamas are “useful idiots” enabling a murderous terror organization dedicated to killing Jews, Gov. Chris Sununu said Thursday.

“This is a war… this isn’t a policy dispute. This isn’t some geographic border discussion. This is one group, a terrorist organization called Hamas that wants to wipe out every Jew on the planet. That’s like their written goal and they don’t shy away from that at all,” Sununu said during an appearance on Drew Cline’s WFEA radio show.

Hundreds of pro-Palestinian protesters have appeared on the campuses of the University of New Hampshire and Dartmouth College, as well as at town council meetings and city halls. Chanting “Long Live the Intifada” and “U.S., Israel, Go to Hell,” they’ve expressed their anger over both the actions of the Israeli government in Gaza, and the existence of the nation of Israel itself.

They are part of a national movement that began soon after the Oct. 7 terror attack, when Hamas members and Gaza civilians swarmed across the border into Israel and murdered, raped, and injured thousands of Israelis. Hamas still holds an estimated 128 hostages, among them five American citizens.

On May 1, a dozen protesters were arrested at UNH while trying to set up an illegal encampment on the campus. There were arrests at the Dartmouth campus in Hanover as well.

Sununu said the college students taking part in the protests are being used by groups with hateful intentions, like the Palestine Solidarity Coalition at UNH.

“They’re kind of using these students, as I would call them, useful idiots, frankly, to promote, ‘Oh, we’re just freedom fighters. This is genocide against Gaza.’ No, it’s genocide against the Israelis and it has been for 50 years now…” Sununu said.

There are numerous radical groups organizing the protests tied together by extremist ideology, and a willingness to work with governments hostile to the United States, according to research by the Network Contagion Research Institute.

Shut It Down for Palestine is an umbrella organization for several radical left-wing groups created on Oct. 11, days after the Hamas attack. Also known as SID4P, the group includes The People’s Forum, ANSWER Coalition, International People’s Assembly, Al Awda NY, National Students for Justice in Palestine, Palestinian Youth Movement, and it has working ties with the Party for Socialism and Liberation, a Marxist group dedicated to overthrowing the United States.

According to the NCRI report, the individual groups are part of an influence network tied to Neville Roy Singham, a far-left businessman who has allegedly disseminated Chinese Communist Party propaganda.

“The People’s Forum, IPA, and ANSWER Coalition serve as the conduit through which CCPaffiliated entities have effectively coopted proPalestinian activism in the U.S., advancing a broader antiAmerican, antidemocratic, and anticapitalist agenda. These three farleft SID4P Convenors are part of a network linked by close financial, interpersonal, and ideological ties to Neville Roy Singham and his wife Jodie Evans, a power couple within the global farleft movement with close ties to the CCP,” the NCRI report states.

Sununu said Thursday the college students getting caught up in the protest movement are easy targets for bad actors like SID4P groups, in part because they know so little about the history of Israel or the Middle East.

“When you don’t have good education in the classroom, the vacuum gets filled by social media and propaganda with these kids,” Sununu said.

Sununu isn’t alone in his view that the protests are being fueled by antisemitism. A Fox News poll released Wedensday found voters oppose the protests by a nearly 60-40 split. Large majorities of voters on both sides of the political aisle also decried the protests as both “pro-Palestinian” and “anti-Israeli.”

“About 6 in 10 voters say the protests are pro-Palestinian (62 percent) and anti-Israeli (58 percent). All other descriptions of the protests are under 50 percent, but not by much: anti-war (49 percent), antisemitic (46 percent), anti-American (43 percent), and pro-Hamas (42 percent),” according to the Fox News poll.

As More State College Systems Dump DEI Programs, UNH Still Spends Millions

In North Carolina, the state is transferring $2.3 million of spending at its flagship state university from its Diversity, Equity and Inclusion (DEI) program to public safety and policing.

In Texas, Gov. Greg Abbott (R) signed a law closing all DEI offices at state-funded colleges and universities.

The state of Florida, often viewed as a rival by New Hampshire Gov. Chris Sununu (R-N.H.), eliminated all positions associated with DEI in its state college system last month.

And yet the Granite State continues to spend millions on DEI employees and programs in the University of New Hampshire system, which includes UNH, the Franklin Pierce School of Law, Plymouth State University, and Keene State College.

Why?

“That’s a good question,” said state Sen. Sharon Carson (R-Londonderry), currently the frontrunner to take over the top spot in the Senate if the GOP holds its majority in November. (Senate President Jeb Bradley is retiring.)

The premise of DEI policies is that American institutions like universities are inherently racist or bigoted toward racial, sexual, and cultural minorities. Therefore, judging individuals based on merit is a mistake and should be rejected. Instead, hiring decisions should be based on identity politics in pursuit of collective justice.

“The University of Central Florida, in its ‘Inclusive Faculty Hiring’ guide, described merit in faculty hiring as a ‘narrative myth’ and advised employees to avoid using it in job descriptions and hiring materials,” DEI critic Chris Rufo wrote in The New York Times. “The guide also advocated explicit quotas of ‘minoritized’ groups in its hiring practices.”

Funding for the various DEI programs in New Hampshire’s higher education institutions is estimated at between $6 and $9 million, though that spending is scattered throughout various budget line items, making it hard to track. House Majority Leader Rep. Jason Osborne (R-Auburn) said the lack of transparency surrounding DEI is a problem.

“Members have long been asking for a breakdown of DEI funding for the University Systems and have yet to receive an adequate answer. Hearing that UNH alone spends roughly $2 million on DEI, clearly intervention is required. We look forward to addressing this in the state budget next year,” Osborne said.

And the timing may be fortuitous.

Washington State University Provost and Executive Vice President Elizabeth Chilton will take over the reins at UNH this summer, following the retirement of current President James Dean. Sen. Dan Innis (R-Bradford), who teaches at UNH, said this is the perfect time to reexamine the system’s DEI programming and funding.

Chilton, who spent 16 years at UMass Amherst, was a featured speaker at the 2021 Diversity, Equity, Inclusion and Justice Summit at Washington State University, where she touted her work on DEIJ.

“One of the large ways that I have leaned in, in the past 15 months, is through the initiation of our faculty cluster hire in racism and social inequality [specializations] in the Americas,” Chilton said.

“Given the profile of the new UNH president, I think it is highly likely that we in the Senate will take action next year, perhaps as a part of the budget,” Innis said.

Florida Gov. Ron DeSantis has been an outspoken critic of taxpayer-funded DEI programs, and he helped usher through the higher education reforms that ended them.

“DEI is toxic and has no place in our public universities,” DeSantis said last month. “I’m glad that Florida was the first state to eliminate DEI, and I hope more states follow suit.”

But Sununu, who often touts the Granite State’s edge over Florida on issues of fiscal responsibility and personal freedom, is much more sanguine about DEI spending in his state’s budget.

Asked about the actions of North Carolina and Florida and whether New Hampshire should do the same, Sununu told NHJournal, “Obviously, any program — DEI included — would be looked at to say, ‘Okay, do we need to be funding this? Are the dollars appropriate? What are we getting for the return?’ We haven’t had any of those issues here in the state. None of that has been brought to my attention.

“If there was a concern, I would definitely look at it. But nothing has been brought to our attention. I’m simply saying those programs seem to be on a decent path, I suppose,” Sununu said.

However, several UNH trustees who spoke to NHJournal — on and off the record — said it was time to review DEI policies and spending, particularly as the college system is cutting staff and closing programs. On background, some trustees expressed concern that there is no scrutiny of DEI spending or its results.

New Hampshire Agriculture Commissioner and University System of New Hampshire trustee Shawn Jasper, however, willingly voiced the concern shared by many that the DEI programs operating at the state schools are ill-defined, with vague goals that can’t be measured in a meaningful way.

“There are several trustees concerned about what the goal is and how we measure the success of the program,” Jasper said.

According to Jasper, the DEI programs at UNH are less about addressing deep-seated societal problems and more about a marketing strategy. Nearly 60 percent of UNH students now come from outside New Hampshire, paying higher tuition rates than in-state students. DEI is part of the package advertised to the out-of-state student population, he said.

“I don’t have a problem funding those things if there’s an articulated problem that needs to be addressed. That doesn’t seem to be the case, it seems like they have to have it to compete with the out-of-state student market,” Jasper said.

If UNH is going to keep its DEI program, Jasper wants to see it deployed in such a way that it can be quantified.

“If we’re going to have programs like this at our universities — and I’m not saying they are not needed — we need to be very clear what we are trying to solve and I’m not sure, in New Hampshire, that’s been articulated,” Jasper said.

NH Supreme Court Stays ConVal Education Spending Ruling

New Hampshire taxpayers don’t have to pay a $537 million education spending bill just yet, as the New Hampshire Supreme Court stayed the decision in the ConVal lawsuit.

In a unanimous decision issued Wednesday, the Supreme Court put a hold on Rockingham Superior Court Judge David Ruoff’s November order that the state’s per-pupil spending must go up to at least $7,300. Ruoff had denied a motion to stay his decision pending appeal earlier this year.

Gov. Chris Sununu praised the stay decision, saying Ruoff’s ruling went too far.

“Today, the Supreme Court rightfully paused an attempt by one judge to usurp the power and preferences of both the legislative and executive branches,” Sununu said. “Grateful for the Supreme Court’s action to stay a decision that was so clearly overreaching.”

According to Senate President Jeb Bradley (R-Wolfeboro), implementing Ruoff’s order would wreck state finances, hurt lower-income communities, and eventually force an income or sales tax on Granite Staters.

“This decision could mean a $500 million spending increase for New Hampshire taxpayers and could cause reduced education funding for all the original towns that brought the Claremont education funding lawsuit by limiting the legislature’s ability to target special education aid to local school districts that need it the most,” Bradley said in a statement. “I remain optimistic that the Supreme Court will recognize that such huge financial decisions rest with representatives and senators that the people of New Hampshire have chosen.”

Lawmakers are looking for an affordable funding solution, and according to House Speaker Sherman Packard (R-Londonderry), the Supreme Court’s stay will give both houses time to keep working.

“We’re hopeful the Supreme Court has a different take on the matter than the lower court that will be less costly to taxpayers. The stay will allow the legislature more time to further analyze the situation,” Packard said.

The Peterborough-based Contoocook Valley Regional School District filed the lawsuit in 2019, arguing that the state’s education grant of $3,600 per pupil was far below the true cost and, therefore, unconstitutional. ConVal and the dozens of school districts that joined the lawsuit wanted closer to $10,000 per pupil.

Ruoff originally refused to set a dollar amount when he ruled the state violated the constitutional right to an adequate education, leaving that up to lawmakers. But a subsequent appeal to the state Supreme Court resulted in a 2021 order that forced Ruoff to come up with a figure.

Since the ConVal lawsuit was filed, lawmakers and Sununu have bumped up the grants to $4,100 per pupil, an amount Ruoff still found unconstitutionally low. Ruoff’s decision acknowledged it is up to the legislature to determine the funding but that it can be no less than the amount he set.

“What is the base cost to provide the opportunity for an adequate education 239 years after that fundamental right was ratified in our constitution? The short answer is that the legislature should have the final word, but the base adequacy cost can be no less than $7,356.01 per pupil per year, and the true cost is likely much higher than that. At a minimum, this is an increase of $537,550,970.95 in base adequacy aid to New Hampshire Schools,” Ruoff wrote.

The legal tussle over New Hampshire’s state spending for education “adequacy” is unrelated to another hot-button political issue: Taxpayers are already burdened with increasing education costs even as the number of students is declining.

The total cost of education in New Hampshire, including the portion paid through local property taxes, averages more than $20,000 per pupil. That’s up from about $11,000 total per pupil spending in 2000. Over the same time, the state’s student population has fallen by more than 20 percent. According to the Department of Education, student enrollment numbers in the Granite State have dropped from 207,684 in 2002 to 165,095 in 2023. That’s a decrease of 42,589 public school students, or about a 20.5 percent decline during the past 21 years.

Illegal Immigrant Pleads Guilty in Dover Burglary Bust

According to investigators, a young Dover girl hid under her bed, scared for her life, as Jheisson Rizo Suarez broke into her home during a burglary.

Now, Suarez, 39, from Colombia, is facing his second deportation after pleading guilty in U.S. District Court in Concord to one count of reentry after deportation.

Suarez is the third high-profile illegal immigrant arrested in New Hampshire in recent months, including a convicted mass murderer and an alleged human smuggler. It is part of a national crisis that has reached from the U.S. border in Texas and Arizona to New Hampshire’s border with Canada.

Some seven million undocumented migrants have poured into the U.S. since President Joe Biden took office, But Democrats like Sen. Maggie Hassan (D-N.H.), who sits on the Homeland Security Committee, have declined to take any action.

Suarez was arrested in 2021 in connection with the burglary. Police responded to the residence when the girl, alone at the time of the break-in, called 911. According to a statement from the U.S. Attorney’s Office for New Hampshire, she reportedly whispered to the 911 operator that an unknown person or persons had forced their way into her home.

Dover police officers soon had Suarez in custody and discovered it wasn’t his first sojourn to the United States. Suarez had been previously deported in 2013, according to prosecutors.

Suarez, due to be sentenced in January, faces up to 10 years in federal prison. His plea comes weeks after Mexican national Reynaldo Velasco-Velasco, 36, was arrested at the Canadian border for allegedly smuggling people into New Hampshire.

Velasco-Velasco had already been deported from the U.S. in 2011 when U.S. Border Patrol agents caught him this month. According to court records,  Velasco-Velasco was illegally leading four other Mexican nationals across the northern border into New Hampshire. 

The smuggler allegedly had two cars ready for the people he was bringing through, and Border Patrol agents stopped the cars as they were trying to flee the border region.

And last month, federal agents raided a home construction site in Rye to arrest wanted killer Antonio Jose De Abreu Vidal Filho, 29. According to federal sources, Filho was in the U.S. illegally after overstaying his visa. The former Brazilian military police officer entered the country legally in 2019, even though he was fleeing prosecution for his role in the Curio Massacre.

According to U.S. Immigration and Customs Enforcement, Filho was recently convicted along with three other military state police officers of 11 murders, plus charges of attempted murder and physical and mental torture, for his role in the 2015 massacre in the Curio neighborhood in Fortaleza.

El Globo, a Brazilian news outlet, reported the murders had been retaliation for the death of a Brazilian police officer in Fortaleza. Four of the 11 people murdered were teens under age 18; three were between 18 and 19, according to El Globo.

Filho was ordered to serve a 276-year prison sentence for his part in the massacre.

The arrests come as New Hampshire’s northern border is in crisis. This month, Chief Patrol Agent Robert Garcia of the U.S. Border Patrol’s Swanton Sector — which includes the New Hampshire border with Canada — announced more apprehensions in the past year than in the previous decade.

“Over 6,100 apprehensions from 76 different countries in just 11 months, surpassing the last ten years combined. Swanton Sector Agents are resolute and determined to hold the line across our 295 miles of border in northeastern New York, Vermont, and New Hampshire,” Garcia said via social media.

Gov. Chris Sununu has been raising the alarm for months and keeps getting turned down when he asks President Joe Biden’s administration for help. This month, Biden’s team rejected Sununu’s request that the federal government restore millions of dollars in border security funding New Hampshire received during the Trump administration. The funding, through Operation Stone Garden, gave the state resources to backstop federal border enforcement actions.

Sununu has not gotten any help from New Hampshire’s all-Democratic federal delegation. Sens. Maggie Hassan and Jeanne Shaheen, as well as Reps. Annie Kuster and Chris Pappas have been MIA, according to Sununu.

“I haven’t heard from them. I haven’t heard of any action that they’ve taken with the administration. I haven’t heard of any actual action or results that they have even attempted to bring to the table,” Sununu told NHJournal after the latest Biden rejection.

Asked Monday by NHJournal what they planned to do about the border chaos,  Shaheen, Hassan, Kuster, and Pappas all declined to respond.

While prominent elected New Hampshire Democrats have been silent, state party Chairman Ray Buckley spoke for them, reposting a social media message calling Ayotte a “fascist fearmonger” for focusing on the border.

Presumably, Buckley was not hiding under a bed when he posted that message.