#

The left-wing activists who got the state to install a historical marker honoring Concord-born Communist Elizabeth Guerly Flynn don’t have the legal right to challenge the marker’s removal, Merrimack Superior Court Judge John Kissinger ruled.

On Wednesday, Kissinger dismissed the suit filed by outspoken progressives Arnold Alpert and Mary Lee Sargent against the state, ruling they lack the legal standing necessary to bring their lawsuit.

“While no one disputes the time and effort expended by the plaintiffs in relation to the Flynn marker, the court finds no support for a determination that such efforts give rise to a legal right, interest, or privilege protected by law,” Kissinger wrote.

Alpert said he’s mulling an appeal of Kissinger’s dismissal.

“We’re reviewing the court order and considering next steps. I believe we have 10 days to file for reconsideration if we so choose,” Alpert said.

Alpert and Sargent’s attorney, Andru Volinsky, did not respond to a request for comment.

Elizabeth Gurley Flynn

The Historic Highways marker for Flynn was removed after state officials, including Executive Councilor Joe Kenney (R-District 1) and Gov. Chris Sununu, learned Flynn was an unrepentant Stalinist who led the Communist Party USA during the height of the Cold War. At one point, she was convicted of advocating the violent overthrow of the U.S. government.

Flynn was such a strong supporter of the Soviet Union that she received the rare honor of a Red Square funeral.

The monument was removed from its Concord location on May 15, less than two weeks after it was unveiled.

Volinsky tried to claim in court that Sununu illegally ordered the marker removed. But Kissinger wrote that the governor’s involvement was immaterial.

The marker was created and installed using state resources, and its removal was a decision made by state employees, according to Kissinger’s ruling. Because Alpert and Sargent have no right under any New Hampshire law to challenge the marker’s removal, whoever made the decision is not important, he wrote.

The marker was unveiled on May 1, May Day, and the state’s Department of Natural and Cultural Resources promoted Flynn’s tribute. That did not sit well with Kenney, who complained at the May 3 Executive Council meeting. At that meeting and in the ensuing days, Sununu promised to do something about the marker.

The Department of Natural and Cultural Resources changed the rules for removing historical highway markers after that May 3 meeting, allowing for the removal of markers that could be deemed inappropriate. However, according to the lawsuit, the new rules still required that the decision go to the Historical Resources Council.

According to the lawsuit, Department of Natural and Cultural Resources Commissioner Sarah Stewart ignored the rules and ordered the marker taken down on May 12.

The marker was removed on May 15 and is currently in the possession of the New Hampshire Department of Transportation.

Flynn was a labor activist and an early feminist and helped found the American Civil Liberties Union. The ACLU would later oust her over her embrace of Soviet-style Communism.

It may be the holiday season, but New Hampshire households aren’t singing “Hallelujah” over the state of the economy under President Joe Biden.

Thanks to rising prices, high interest rates, and gasoline hovering above three bucks a gallon, Granite Staters say their household budgets are hurting. In the new BIA Report on Consumer Confidence, conducted by the University of New Hampshire Survey Center, 46 percent said their household family condition was worse off than a year ago, while just 15 percent said it was better off.

That 46 percent number is nearly twice as high as March 2021, just after Biden took office (24 percent). UNH polling director Dr. Andrew Smith said inflation is the culprit.

“Inflation just permeates across the entire economy, and it hits lower-income people hardest,” Smith said.

According to the survey, 55 percent of Granite Staters with an annual household income below $75,000 said they were worse off than they were a year ago, as compared to 37 percent of those earning $150,000 or more.

“And more than two-thirds (69 percent) of those with a household income below $75,000 say they struggled a lot in the past twelve months to afford basic necessities like food, clothing, and electricity,” according to the UNH survey.

That starkly contrasts the “Bidenomics” message from the White House and from Democrats who gathered for the state party’s Eleanor Roosevelt fundraising dinner Friday night.

“President Joe Biden has an incredible track record of success,” said U.S. House Minority Leader Rep. Hakeem Jeffries (D-N.Y.). “Under President Joe Biden, wages are up, inflation is coming down, and more than 14 million private-sector jobs have been created.”

In August, Rep. Annie Kuster cheered how “congressional Democrats and President Biden took action to lower costs, strengthen the workforce, and get our economy back on track.”

According to the survey, that is not the view of most Granite State residents, and Gov. Chris Sununu said he wasn’t surprised by the numbers.

“The national inflation crisis is real and has hit everyone hard. Whether it’s buying a car or home or just managing credit card debt, people across this country are suffering because of bad policies driven by the Biden administration. Elections can have terrible consequences, and families across the country are now feeling the financial pain,” Sununu said.

“Luckily, in New Hampshire, we offset the challenges of inflation by not adding additional unnecessary tax burdens to our citizens. That approach is exactly why New Hampshire continues to lead the country through such tough economic times.”

Even as New Hampshire’s economy grows, the record high housing costs are a major contributor to the financial squeeze felt by all, said Michael Skelton, President and CEO of the BIA.

“New Hampshire’s strong economy continues to provide great opportunities for workers,” Skelton said. “But the scarcity of housing continues to keep rent and home ownership difficult for many, especially those with moderate to low incomes. The high cost of housing also makes it more difficult to pay energy costs in New Hampshire, which are among the nation’s highest. These remain top issues for our elected leaders to tackle to expand prosperity.”

Democrats argue that, with inflation closer to 4 percent than the 9 percent it hit last year, the problem has been solved. Smith said that misses a key part of the story.

“Prices aren’t declining; they just aren’t going up as fast as they were before,” he said.

Increasing interest rates to slow inflation made matters arguably worse. High interest acts as a ratchet on the economy, Smith explained. High rates mean people are spending more to borrow for cars homes, and even pay off credit card balances. Those added interest payments mean people have less to spend on basics.

Smith said that high interest rates, unaffordable homes, and expansive gasoline are all reminiscent of the economic malaise of the 1970s.

“That wasn’t a pleasant time.”

Republicans running in the First in the Nation presidential primary say they are hearing these concerns from Granite State voters firsthand. They argue the solution starts with a change at the top.

“In January, Granite Staters have the chance to reverse Bidenomics and elect Nikki Haley to be our nominee. She’ll unleash American energy and create an economic revival across the nation,” said Haley spokesman Ken Farnaso. “She’ll lower costs, cut taxes, and put more money into our wallets. With Nikki on the ticket, America is one step closer to making Joe Biden a one-term president.”

DeSantis spokeswoman Lindsey Curnette says DeSantis is focused on lowering energy costs which will have a major impact on inflation.

“Ron DeSantis has a detailed plan to restore American energy dominance. He will crush Bidenomics and support working Granite Staters by unleashing oil and gas exploration and development, pipelines, and infrastructure on day one.”

Appearing with Nikki Haley at the site of the New Balance facility that just broke ground in Londonderry on Monday, Gov. Chris Sununu said he was ready to announce his pick … for his favorite sneaker.

Sununu was talking up the Granite State’s key role in picking the next commander-in-chief when an audience member called out, “Endorsement!”

“I endorse New Balance wholeheartedly and completely,” Sununu said.

Sununu, who has been campaigning with GOP presidential candidates for weeks — including a scheduled appearance with Gov. Ron DeSantis (R-Fla.) on Tuesday — then headed off to  Oscar Barn in Hooksett for a Haley town hall. The popular wedding venue with views of the Merrimack River and tree-lined fields would have been the perfect place for Sununu to announce his endorsement, but it’s clear he still has commitment issues.

Haley has been making headlines as she rises in the polls, and interviews with attendees found many undecided voters coming to get a first — or, in some cases, second — look at the former South Carolina governor and U.N. ambassador. 

Haley hit her marks with her message of speaking “hard truths” about the problems the country faces, from the porous southern border to a struggling economy made worse by feckless Republicans in Congress. She called out President Joe Biden’s weak foreign policy that she says has invited aggression from Russia’s Vladimir Putin against Ukraine and Hamas terrorists in Israel.

But the hot topic at any Republican gathering is Donald Trump, and Haley didn’t avoid the former president with the 30-point lead in the primary.

Haley’s message: She supported Trump in the past, but it is time for a new generation of leadership. Republicans have lost the popular vote in seven out of the eight past presidential elections, she reminded them, and the risk of another loss is too high.

“We have a country to save,” she said.

Chaos follows Trump wherever he goes, she told the crowd and the stakes are too great for more of the Trump Show, even if voters like what he did during his first term.

“With an economy out of control and wars around the world, we can’t afford any more chaos,” Haley said.

Turning the page on the Trump era is a message Sununu has been pushing for months. On Monday, Sununu said Trump tapped into the real frustrations and concerns Americans are experiencing but couldn’t accomplish what needed to be done to solve enough problems to make a lasting difference.

“He had some good policies, but he didn’t really get enough done for a lot of folks’ liking,” Sununu said. “There’s an opportunity to bring a conservative into the White House, connect with individuals, appreciate their frustration, and actually accomplish a lot of these policy objectives, and do it without the chaos.”

There are nine weeks to go before the primary, and this is the time voters start to pay attention, learn about the candidate, and make their decisions, Sununu said. Now is the time the candidates can really build momentum.

That is what Haley, Florida Gov. Ron DeSantis, and former New Jersey Gov. Chris Christie are all hoping for in the final months of the New Hampshire campaign. And, political observers say, Sununu’s endorsement could be the push they need to start that “Big Mo.”

A day earlier, Trump picked up the endorsement of Texas Gov. Greg Abbott, representing the largest Republican state with the most convention delegates in the country.

“We need a president who’s going to secure the border,” Abbott said. “We need Donald J. Trump back as our president of the United States of America.”

Sununu is spending plenty of time with the candidates, but he seems more interested in getting them to buy into the 603 agenda. Government shouldn’t tell people how to live or dictate to businesses how they should operate, Sununu said. It’s about providing opportunities for people to make their own decisions in their lives.

“(New Hampshire wants) a president that understands the individual comes first, the business comes first, the parent comes first,” Sununu said. “That’s really what Live Free or Die means.” 

When he does make an endorsement decision in the coming week, Sununu said he will go all out for the candidate he backs.

“I tend to not leave anything on the table,” Sununu said.

Sununu played coy when meeting with national media after Haley’s stump speech. Asked when he would make his endorsement, he replied, “Sometime after today.”

Even if Eric Spofford is charged as part of the vandalism conspiracy targeting New Hampshire Public Radio reporter Lauren Chooljian, he still has the right to sue the broadcaster for defamation, according to Rockingham Superior Court Judge Daniel St. Hilaire. 

This week’s ruling was a setback for NHPR, which sought to head off Spofford’s attempt to revive the defamation lawsuit. Spofford maintains NHPR and Chooljian were reckless in reporting allegations of sexual misconduct and sexual assault against him.

The public broadcaster argued Spofford’s connection to Eric Labarge and the alleged criminal conspiracy showed his bad faith in the lawsuit. They wanted the court to end his quest to see Chooljian’s work product.

Spofford’s associate, Labarge, 46, was charged this month for allegedly conspiring to vandalize the homes of Chooljian, NHPR journalist Dan Barrick, and their families. Larbarge allegedly coordinated the vandalism with co-defendants Tucker Cockerline, 32, of Salem; Michael Waselchuck, 35, of Seabrook; and Keenan Saniatan, 36, of Nashua.

Labarge, himself the owner of several recovery centers, is described by prosecutors as Spofford’s “close personal associate.”

St. Hilaire denied NHPR’s request to prevent Spofford from accessing Chooljian’s notes and interview transcripts for her story. For St. Hilaire, it was about the presumption of innocence.

“Even if charges were brought against Spofford directly, the Court is not convinced that would warrant reconsideration of the balance of interest in this case given the presumption of innocence at the core of our criminal justice system,” St. Hilaire wrote.

Spofford is not accused of taking part in the vandalism conspiracy himself. According to St. Hilaire, the available documents from the federal case don’t show he was even aware of the vandalism conspiracy.

St. Hilaire dismissed Spofford’s lawsuit this year, finding he had not provided the evidence in his 300-plus page complaint to back his claims. However, Spofford is being allowed to refile the complaint. For that, Spofford said he needs to see Chooljian’s notes and interview transcripts to find the evidence St. Hilaire found lacking the first time.

With the defamation case still open for now, NHPR has been broadcasting a new series by Chooljian, “The 13th Step.” The program focuses on her story of reporting on Spofford, the vandalism, and the lawsuit. It also looks at cases of sexual predators in recovery settings in other states.

Spofford has denied all wrongdoing alleged in Chooljian’s reporting. His lawsuit claimed Chooljian based her reporting on a biased source who was looking to hurt his reputation, ignored sources who contradicted the abuse narrative, and reported as fact things that never happened. 

According to Spofford’s lawsuit, Chooljian was looking for a #metoo scalp to bolster her resume, and she and the liberal-leaning NHPR targeted him because of his conservative views.

Spofford came to prominence as a recovery success story. He was an addict who got clean and started Granite Recover Centers to help others. His business grew as New Hampshire grappled with its opioid addiction crisis, and he became a leading voice on recovery initiatives. Spofford even counseled Gov. Chris Sununu on dealing with the opioid crisis.

Spofford sold Granite Recovery Centers for an undisclosed sum, thought to be in the millions, to a Texas-based company in 2021.

Progressive activists who pushed for a state marker honoring a Granite State Stalinist are suing, claiming the Sununu administration did not follow procedure when it took down the historic plaque.

State officials changed the rules, then broke them, in the scramble to remove the sign honoring notorious Communist Elizabeth Gurley Flynn, according to the lawsuit filed this week.

The Historic Highways marker for Flynn, the former U.S. Communist Party Chair convicted of advocating the violent overthrow of the U.S. government, was removed from its Concord location on May 15, less than two weeks after it was unveiled. The marker is currently in the possession of the New Hampshire Department of Transportation.

Now, liberal activists Arnie Alpert and Mary Lee Sargent, represented by lawyer and former Executive Counselor Andru Volinsky, accuse Gov. Chris Sununu and others of breaking the law to get rid of the Flynn marker in the face of community backlash.

‘The State has the unequivocal legal duty to follow its own duly adopted laws and not to act by the fiat of the Governor and members of the Executive Council,” Volinsky wrote.

Alpert and Sarget want a judge to order the marker to be erected once again at its original Concord location.

The marker was unveiled on May 1, and the state’s Department of Natural and Cultural Resources promoted Flynn’s tribute. That did not sit well with Executive Councilor Joe Kenney, who lodged a complaint at the May 3 Executive Council meeting.

“Well, I’m going to say that this particular person has no historic value here in Concord. And this person, Elizabeth Gurley Flynn, was a profound Communist who died a Soviet, who was anti-American,” Kenney said. “I am dead set against this. And I think it’s an embarrassment that we have a program that allows us to put Communists on historical markers and then say, ‘Oh, that’s part of our history.’ It’s not part of my history.”

In the days that followed, Flynn’s record as an unrepentant Stalinist who supported the Soviet Union during the height of the Cold War and received a Red Square burial came to light. As members of the public began to speak out,  Sununu vowed to get rid of the marker and blamed Concord City Council members for approving its placement.

Concord officials rejected that argument, pointing out that the marker is a state sign for a state program approved and funded by the state.

The marker was removed on May 15 and is currently in the possession of the New Hampshire Department of Transportation.

In a statement regarding the lawsuit, Sununu welcomed Alpert and Sargent’s court case, saying criticizing the government is an important part of the American Way.

“America is a free country, and we appreciate their ability to sue the government for a decision they might disagree with — a privilege not afforded to citizens in communist countries. An avowed Communist who benefited from a state funeral in Moscow’s Red Square should not be celebrated in New Hampshire. All policies were followed when removing this Anti-American sign, and it will not be coming back under my watch,” Sununu said.

The Department of Natural and Cultural Resources changed the rules for removing Historic Highway Markers after that May 3 meeting, allowing for removing markers that could be deemed inappropriate. However, according to the lawsuit, the new rules still required that the decision go to the Historical Resources Council.

According to the lawsuit, Department of Natural and Cultural Resources Commissioner Sarah Stewart ignored the rules and, on May 12, ordered that the sign be removed. 

“Commissioner Stewart did not consult the State Historical Resources Council as required by the newly amended policy,” Volinsky wrote. “Nor was the reason for retirement officially recorded in the minutes of the State Historical Resources Council also as required by the newly amended policy.”

Flynn was born in 1890 in Concord and became a socialist activist in her teens. She was a founding member of the American Civil Liberties Union and, in 1936, joined the Community Party, becoming the U.S. party chair in 1961.

She joined the Communist Party during Josef Stalin’s deadly purge and high-profile show trials, facts known to the public at the time. When Flynn joined in 1936, the Soviets had already murdered nearly 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge. 

Her membership in the party got her expelled from the ACLU in 1940 when the civil rights groups formally denounced Communism. A decade later, she was found guilty under the Smith Act of advocating the overthrow of the U.S. government by force and violence. 

The Soviet government gave Flynn a state funeral in Red Square, with more than 25,000 people attending.

A Manchester alderman has asked the state’s attorney general to look into Mayor Joyce Craig’s office and its handling of a request for emails from the mother of Harmony Montgomery, the seven-year-old girl allegedly murdered by her father.

Now Gov. Chris Sununu has gotten involved, contacting the AG’s Office regarding the matter and decrying Craig’s lack of accountability.

“It is about leadership. You have to be able to be transparent, be responsible, be accountable. Unfortunately, there hasn’t been a lot of accountability out of the mayor’s office,” Sununu told NHJournal Thursday.

Sununu contacted Attorney General John Formella’s office after hearing complaints from Manchester Alderman Joseph Kelly Levasseur about Craig’s questionable handling of a Right to Know request.

“I received a message from local leadership in Manchester. I brought it to the attention of the attorney general and asked if they were looking at it,” Sununu said.

Michael Garrity, communications director for Formella’s office, said the matter is under review.

“We are aware of the matter. We have not made a determination regarding any potential next steps,” Garrity said.

NHJournal filed its Right to Know request with Craig’s office last month soon after the affidavit detailing Harmony’s gruesome murder was unsealed. It was the first time the public learned what police said happened to the little girl. Additionally, the affidavit also sheds light on the failures of the Division of Children, Youth and Families to keep tabs on a child known to be in an abusive home, as well as the response of other officials, like Craig.

NHJournal requested any emails sent to Craig by Harmony’s mother, Crystal Sorey, as well as any response from the mayor’s office. Craig’s office ignored the request, made under the state’s RSA 91-A, and did not respond until contacted by an attorney well after the statutory deadline had passed.

The eventual response from the City of Manchester’s IT Department claimed there were no emails between Sorey and Craig’s office.

In reality, there were at least two: A Dec. 29, 2021, email from Sorey to Craig pleading for help finding her child; and a response from a member of Craig’s staff to Sorey declining to offer any aid and informing Sorey to call 911 if she felt her daughter was in danger.

At that point, Harmony Montgomery was already dead.

Craig’s mishandling of the matter is symptomatic of her failed leadership in Manchester across the board, from housing to education to the opioid crisis, Sununu said.

“Unfortunately, Manchester has had a leadership problem for quite some time. Joyce Craig’s leadership style is to hide under the desk and blame everyone else. And it’s a shame because with the unprecedented amount of money and support around schools and mental health and the opioid crisis, the rest of the state is redesigning their systems and providing opportunities for their citizens,” Sununu said.

“The people of Manchester should be furious that they’re being left behind.”

Craig isn’t seeking re-election, instead launching an exploratory committee for a bid for governor in 2024.

One candidate hoping to replace Craig in the mayor’s office, Republican Jay Ruais, said Craig and her staff should have done more for a desperate mother.

“When a person reaches out in crisis, every effort should be made to address their concerns, follow up, and assist in making appropriate connections while using the power of the office to make a difference,” Ruais said.

Ruais also faulted Craig and her team for ignoring a Right to Know request, saying it creates an atmosphere of distrust between the elected representatives and the public they are supposed to serve. 

“The mayor’s office needs to be accountable, transparent. and swift in its actions when working with the public. The failure to release these records contributes to the already growing distrust of our elected officials in Manchester,” Ruais said. “A good leader making good decisions should have no problem being open to the people who elected them. Manchester has a right, and the mayor’s office has an obligation, to communicate what is going on in City Hall. Anything less than full transparency is completely unacceptable.”

Levasseur is angry with the way Craig and her office seem to be covering up the emails. His email to Sununu, sent Wednesday night, demands some form of accountability.

“I would appreciate (an) AG’s Office investigation into the city of Manchester’s IT Department. Couldn’t find the email? How many other RTK requests has that department covered up for Craig?” Levasseur wrote.

Shannon MacLeod, Craig’s chief of staff, did not respond to a request for comment on Thursday. MacLeod is also the staffer who initially ignored NHJournal’s Right to Know request for the emails.

“When an extremely important email sent to the mayor’s office goes missing- (could not be found after a FOIA request by the IT Department), it leads one to question the level of trust we can have in our city officials,” said Lavasseur. “I believe the attorney general of this state should be investigating the city’s IT Department and the mayor’s office to find the actual reason a specific email from Harmony’s mother could not be found. The answer from our IT Department raises more questions and concerns. The citizens of Manchester deserve answers.”

The puzzling aspect regarding Craig’s actions is the fact Sorey’s email to her office has already been reported in the press and is a matter of public knowledge. NHJournal sought a copy of the email as well as any response after the unsealing of the murder affidavit filed against Harmony’s father, Adam Montgomery. 

That affidavit, written by Manchester Police Detective John Dunleavy, states the investigation into Harmony’s disappearance started when representatives with the Division of Children, Youth and Families reported they could not find the girl on Dec. 27, 2021. 

Sorey had already called Manchester police on Nov. 18, 2021. The affidavit does not indicate police received any communication from Craig’s office following Sorey’s email to the mayor’s office.

Terese Bastarache (formerly known as Terese Grinnell) is having a good week — despite the vast global conspiracy working against her.

Monday night, on the eve of Bastarache’s criminal trial over charges of disrupting a state meeting, the state of New Hampshire dropped its case.

On Tuesday, former President Donald Trump’s campaign announced Bastarache, an outspoken anti-vaccination activist and conspiracy theory proponent, will be its Trump 2024 “town captain” in Loudon.

“Today, President Donald J. Trump announced his initial New Hampshire Grassroots Leadership Team with over 150 dedicated activists and organizers throughout the Granite State’s ten counties,” the campaign said in a press release. “These supporters represent the overwhelming strength of the MAGA Movement and will again propel President Trump to win the First-in-the-Nation primary.”

The campaign released an impressive list of 14 county and city/town chairs, featuring respected names in the party like longtime Republican activist Augusta Petrone. They also released the names of more than 100 town and ward captains, including Bastarache.

Bastarache is one of the self-declared “Noble 9,” a group of anti-vaccination activists charged with disrupting the October 2021 Executive Council Meeting. Their goal was to stop New Hampshire from accepting federal funding for COVID-19 vaccines. (The Executive Council voted 4-1 to reject the funding.)

A month earlier, Bastarache and fellow activist Frank Staples shouted down the September meeting so aggressively the Executive Council canceled it, citing security concerns.

“This is bigger than my case,” Bastarache said Tuesday after the charges were dropped. “This is about the corruption, collusion, and entrapment of civilians. This was a violation of every New Hampshire constituent’s constitutional rights.”

Bastarache, a registered nurse, has made her views on the COVID vaccine, government mandates, and public health policy very public since the pandemic began. She has likened the federal government’s COVID policies to Nazi Germany’s treatment of Jews.

“It will take away our Live Free or Die; it will make us unsafe,” Bastarache said at the September 2021 protest. “People are dying from the injections, this is Numenberg [sic] trials!”

The Nazi comparisons did not stop there. In an October 2021 appearance at Christian Revolution in Manchester, Bastarache denounced COVID protocols tied to federal vaccine funding.

“It’s the Holocaust,” she said.

And in an interview with Free State Project leader Carla Gericke, her COVID protests started her down a “rabbit hole” of research, bringing her to believe in the Agenda 2030 conspiracy. That is the theory that a World Economic Forum cabal intends to institute a one-world government through depopulation. Included in the conspiracy claims are the Sununu family, New Hampshire inventor of the Segway scooter Dean Kamen, the Chinese Communist government, Jeffrey Epstein, Bill Gates, Harvard University, Dr. Anthony Fauci, Lloyd’s of London, and WalMart.

“Then I find out [Sununu’s] brother works for the World Economic Forum, and they’re being very bold and brazen about accelerating Agenda 2030,” Bastarache said. “I’m like, ‘Oh my gosh, this is truly happening.’”

Bastarache’s Truth Social feed is full of conspiracy memes linking Sununu to Agenda 2030 and links to groups like Grazing The Surface, which purport to uncover the New Hampshire ties to the nefarious world domination plot.

Bastarache also believes the 2020 presidential election was fraudulent, and she is part of the ‘We the People’ organization, along with election denier Marilyn Todd, pushing that oft-disproven theory.

Imagine there’s no marker.

The now-infamous historical highway marker honoring home-grown Communist Elizabeth Gurley Flynn keeps causing headaches for the state.

A month after Gov. Chris Sununu had the state marker removed from its street corner in Concord, supporters of a commemoration of “Rebel Girl” Flynn are considering a lawsuit to get it put back.

“We are looking into options,” activist Arnie Alpert told NHJournal.

Alpert and Mary Lee Sargent, both long-time leftist organizers, filed the original petition for the state to erect the marker for Flynn. They also organized its unveiling on May Day, “one of the most important holidays in communist countries such as China, Cuba, North Korea, and the former Soviet Union,” according to Wikipedia.

When Republican members of the state’s Executive Council discovered who the marker was honoring and her history as an unrepentant Stalinist who sided with Moscow during the Cold War, they were outraged. They demanded answers from the Sununu administration, particularly the New Hampshire Department of Natural and Cultural Resources, about how such an honor could be approved and paid for by the state.

Under pressure, Gov. Chris Sununu first blamed Concord city leaders for the commemoration before conceding it was entirely a state project and having the marker pulled down.

Now Alpert and Sargent have brought progressive lawyer Andru Volinsky to restore the sign. Volinksy told NHPR the state broke its own rules when it had Flynn’s maker removed. Volinsky said the matter could be pursued in court as a violation of New Hampshire’s Administrative Procedures Act.

“In this case, there were rules and policies for historical markers both erecting and removing them,” Volinsky said. “It seems as though the rules to erect the marker were followed. Then some people issued an edict, and it was removed without following the rules. So, there are ways to enforce those rules through the court system.”

Alpert and Sargent warned the state before the marker came down that state rules need to be followed. In a letter they sent to Natural and Cultural Resources Commissioner Sarah Stewart, Alpert and Sarget cited her department’s rules regarding the removal of markers.

“At this time, there are no grounds for the marker’s removal which are consistent with your department’s policies,” they wrote.

They noted that the rules for getting a marker “retired” are specifically tied to the marker’s condition and not any prevailing political sentiment.

“The policy for retirement deals with markers that contain errors, are in a state of disrepair, or require refurbishment. None of these criteria apply to the marker in questions that would in any way justify its retirement,” Alpert and Sargent wrote.

Stewart has not responded to Alpert and Sargent’s letter, according to Volinsky.

Flynn was born in 1890 in Concord. Her family moved to New York City when she was 10. She became a socialist activist in her teens, eventually helping to found the American Civil Liberties Union. In 1936 she joined the Communist Party USA (CPUSA), eventually rising to national chairwoman in 1961.

When Flynn joined the Communist Party in 1936, the Soviets had already murdered close to 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge. When she became head of the American Communist Party, dissident writer Alexander Solzhenitsyn was just a few years removed from serving a decade in the Soviet gulags and internal exile.

Her decision to join the Communist Party during Stalin’s purges and high-profile show trials is particularly disturbing. In fact, Flynn was expelled from the ACLU over her membership in the CPUSA. A decade later, she was found guilty under the Smith Act for advocating the overthrow of the U.S. government by force and violence.

The Soviet government gave Flynn a state funeral in Red Square, with more than 25,000 people attending.

When Flynn joined the Communist Party in 1936, the Soviets had already murdered close to 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge. When she became the head of the American Communist Party, dissident writer Alexander Solzhenitsyn was just a few years removed from serving a decade in the Soviet gulags and internal exile.

Volinsky told NHPR he hopes to be able to negotiate a resolution with the state.

It’s easy if you try.

Gov. Chris Sununu is telling kids to put down their phones and go touch grass.

Sununu issued an executive order Wednesday aimed at getting New Hampshire children off social media and into the outdoors. At the same time, the state is investigating the harm apps like TikTok and Instagram are doing to children.

Sununu’s order comes following extensive meetings with Attorney General John Formella about the dangers posed by sites like TikTok and Instagram.

“New Hampshire’s children are the future of our state and our nation, and we are making every effort to ensure necessary changes are made to prevent harm by these platforms. New Hampshire will look at all necessary options to protect our children – including spending more time off screens and outdoors.”

The state’s ongoing investigation into the numerous harms to children posed by social media platforms started in November 2021. The new executive order is based on some of those findings. Formella said social media is disastrous for youth mental health and is creating a crisis among children and teens.

“Extensive social media use has been tied to profound risks of harm in youth. Indeed, there has been an increased focus on the correlation between the development of serious mental health disorders by minors and time spent on social media. My office is actively considering how it can best protect New Hampshire’s youth from the harm these platforms cause and promote,” Formella said. “Eliminating the harmful effects of social media on New Hampshire’s youth and holding social media platforms accountable for their actions is a top priority for me.”

Sununu also wants to use the classroom to fight harmful social media habits. His order gives the Department of Education and the Department of Health and Human Services 90 days to develop guidelines for a social media curriculum to be submitted to the State Board of Education. This curriculum for all K-12 health classes will teach the potentially negative impacts of social media use.

Sununu’s order came one day before the House is expected to vote on a Democrat-backed bill to give kids more access to social media in classrooms. Under SB213, schools will use social media accounts for instruction as long as it is connected to a particular study area. The bill also requires that parents provide written permission for that social media use.

Sununu’s office did not respond to NH Journal when asked about SB213.

Under Sununu’s plan, state agencies will also promote a new GoPlayNH Initiative to encourage kids and families to spend more time off their screens and outdoors. The initiative will highlight the various recreation opportunities available across the Granite State.

“Teaching our children how to engage with society in a healthy, fulfilling way is a core component to providing a holistic education that prepares the next generation for success in every way,” said Department of Education Commissioner Frank Edelblut. “I am thankful that Governor Sununu is taking action to address the societal impact of social media and look forward to hearing directly from parents and students so that we may work side by side to support the needs of the community.”

More details on the rollout of the GoPlayNH Initiative are expected in the coming weeks.

This isn’t Sununu’s first foray into the social media fight. Last December, he banned the Chinese-owned Tik Tok app from state-issued electronic devices. TikTok gathers data from users’ phones that is unrelated to using the app, and the company makes that data available upon request to the Chinese Communist Party, according to multiple media accounts.

And Formella joined 46 other state attorneys general in March, asking a Tennessee judge to order the company to open up its internal communications for review.

Legislation about behavior at school came down to a matter of attendance at the New Hampshire House on Thursday.

The Parents Bill of Rights (SB 272) was “indefinitely postponed” by a vote of 195-190, meaning that the topic is dead under House rules for the rest of the current two-year legislative session.

“They completely nuked the bill,” said Rep. Erica Layon (R-Derry), a parental rights supporter. “It would take a two-thirds majority to bring it back, and that won’t happen.”

Polls show Granite State voters — and parents in particular — support the legislation, which would prevent school employees from keeping information about a student’s on-campus behavior secret from parents who ask about their own children. Because that includes behavior regarding sex and gender, Democrats have attempted to label the bill anti-LGBT, arguing that parents are too dangerous to be allowed to have this information about their children.

A handful of absences among GOP members and near-perfect attendance by Democrats in the closely-divided House left Republicans without a functioning majority. When Republicans began defecting to add amendments to the Senate bill, the battle was lost.

Majority Leader Jason Osborne (R-Auburn) drew equal boos and cheers as he made an angry statement about the vote from the House well.

“For the next two years, parents will have to continue to accept that school is a mysterious and secretive black box where they deposit their children. Who knows what will happen inside that box, and who knows what will come out the other side?” Osborne said. “By indefinitely postponing this bill, parents will have no choice but to avail themselves of the wildly successful Education Freedom Accounts.”

The writing was on the wall early in the day when Rep. Mike Bordes (R-Laconia) gave cover to Republican defectors with an amendment altering the bill so as to remove references to LGBTQ identities and remove the requirement that schools not lie to parents. Several other Democratic-sponsored amendments passed as well, with the net effect of essentially gutting the bill. 

Supporter Rep. Joe Sweeney (R-Salem) tried and failed to have the bill tabled, which would have meant it could be brought back in some form later in the current legislative session.

“We should not be cutting our legs off to continue to have this discussion,” Sweeney said. 

But the die was cast and, with the help of Republican Reps. David Bickford (R-New Durham) and Joseph Guthrie (R-Hampstead), Democrats notched a major win.

House Speaker Sherman Packard (R-Londonderry) said the state GOP will continue pushing for parents’ rights.

“I am disheartened House Democrats chose institutions over New Hampshire parents today,” Packard said in a statement. “They chose secrets over parent-involved solutions. They chose to ignore the majority of New Hampshire parents who made it clear they were looking for legislative support to help protect their rights and their children.”

Senate Republicans called on Gov. Chris Sununu to issue an executive order setting to affirm parental rights, saying Democrats have betrayed families.

“The decision by Democrats to block this important bill is a direct assault on parental rights and a clear indication of their misguided priorities. By denying parents the opportunity to exercise their inherent authority, Democrats have undermined the very fabric of our society, where the family unit and parental involvement play an essential role in the upbringing and development of our children,” Senate Republicans said in a statement.

“We urge Gov. Sununu to take a stand for Granite State parents and issue an executive order to affirm the rights they rightly deserve.”

Sununu did not respond to a request for comment.

Rep. Alissandra Rodrigues Murray (D-Manchester) spent time hugging and chatting with 603Equality founder Linds Jakows, who lobbied hard against the legislation. Jakows even offered a plane ticket to fly a vacationing Democrat from Florida so he could vote against the bill.

Asked to comment on the victory, Murray replied, “I don’t talk to New Hampshire Journal.”  

Rep. Gerri Cannon (D-Somersworth), who identifies as a woman, understands parental concerns about kids’ behavior at school. Cannon agreed parents should be able to know what’s in the curriculum and is being taught in classrooms, but added concern for the safety of LGBTQ children is paramount.

“If they don’t have the right to be themselves, it can put them at risk,” Cannon said.

Cannon was echoing the message New Hampshire Democrats have made the center of their opposition to parental rights: Parents are potentially too dangerous to the lives and safety of their own children to be given the same information about their kids that school officials have.

Enough Republicans agreed with Cannon and the rest of the Democrats to kill the bill.

“I think there are some people on the Republican side who support the rights of children just like any person, and there are people who understand there is the potential for harm,” Cannon said.

Even with the bill knocked out for the next two years, the parents’ rights issue isn’t going away. Shannon McGinley, executive director of the pro-family advocacy group Cornerstone Action, said parents let down by their lawmakers need to get active.

“As the House will not act, the next step is to fight this battle on the local level. All we need is for parents to be just as fearlessly, consistently engaged with their local school boards as progressive activists are,” McGinley said. “If you are too afraid of controversy to speak up, then the cultural left will always win by default.

“But if one New Hampshire school board will stand up to the intimidation and cynical legalese of these groups, then other school boards could fall like dominoes.”