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NHPR Must Turn Over Spofford Notes Despite Vandalism Case

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.

NHPR: Spofford Defamation Lawsuit About Retaliation

Now that federal prosecutors say former Granite Recovery CEO Eric Spofford is connected to the men who vandalized the homes of New Hampshire Public Radio journalists, the broadcaster wants to shut down his access to reporting notes and recordings.

“NHPR believes that this lawsuit was filed, not because Spofford’s claims have any conceivable merit, but instead to harass and retaliate against a news organization for its journalism,” wrote Sigmund Schutz, attorney for NHPR.

Spofford is trying to revive his lawsuit against NHPR for its reporting on allegations that he sexually harassed and assaulted women he encountered at the drug recovery centers. One of his arguments in the original 300-plus page lawsuit is that NHPR unfairly linked him to the vandalism at the journalists’ homes connected to the story.

However, federal prosecutors said last month Spofford has a connection to the three men charged for allegedly throwing bricks at and vandalizing the New Hampshire and Massachusetts homes of NHPR journalists Lauren Chooljian and Dan Barrick.

Tucker Cockerline, 32, of Salem, N.H., Michael Waselchuck, 35, of Seabrook, N.H., Hampshire, and Keenan Saniatan, 36, of Nashua, N.H., are each charged with conspiring to commit stalking through interstate travel. According to prosecutors, the three suspects coordinated with an unnamed fourth man described as a “close personal associate” of Spofford.

“Given that Spofford has been linked to criminal activity designed to punish NHPR personnel for exercising their First Amendment rights, NHPR Defendants submit that the time for giving him the benefit of the doubt has passed,” Schutz wrote.

Spofford’s lawsuit was dismissed this year by Rockingham Superior Court Judge Daniel St. Hilaire, who ruled Spofford failed to show any evidence the broadcaster acted with malice in its reporting. St. Hilaire gave Spofford time to refile his lawsuit if he could come up with such evidence and further ordered that he can have access to NHPR’s reporting notes and recordings. 

Schutz wants St. Hilaire to vacate the order for the discovery, cutting off Spofford’s access to the material. Short of that, Schutz wants Spofford to pay all the costs associated with compiling the information. That is at least $50,000, including attorney fees.

Spofford’s attorney, Michael Strauss, argues his client is not charged with any wrongdoing in the vandalism, and the federal case does not state he coordinated the crimes. His only demerit is having a relationship with the unnamed and uncharged subject who allegedly coordinated the vandalism.

“The government, however, has neither charged Eric nor even alleged that he knew about or participated in the conspiracy,” Strauss wrote. “The allegations about Eric instead are limited to his relationship with an uncharged subject who, separately, the government alleges has suspiciously timed phone calls with two of the (criminal) defendants,” Strauss wrote. 

Taking away Spofford’s access to the NHPR reporting materials would set a bad legal precedent in civil lawsuits, Strauss wrote. Civil litigants would be emboldened to pursue sanctions against opposing parties based on third-party allegations, Strauss wrote.

The identity of the unnamed subject and Spofford associate who allegedly coordinated the attacks remains protected from the public. However, NHJournal first reported in March that Spofford associate Eric Labarge, 44, was investigated as a suspect in at least one of the New Hampshire incidents. 

Labarge is himself a recovering addict and the owner of the Starting Point Recovery centers.

Labarge has not been charged by any law enforcement agency in the vandalism cases. He has a criminal history that includes violence against women and attempted murder. He is also currently awaiting trial on charges of assaulting a man in Manchester. That assault took place days after the last vandalism attack in May, and the alleged victim was a man who had been a resident at a Starting Point center, according to court records. 

Previously, Spofford has acknowledged his relationship with Labarge.

Labarge is now scheduled for trial in September in the Hillsborough Superior Court — North in Manchester on the assault charge.

NHPR Ordered to Hand Over Spofford Notes in Defamation Suit

In a legal setback for the liberal news outlet, the New Hampshire Public Radio reporter behind a story targeting former Granite State Recovery CEO Eric Spofford has been ordered to hand over her reporting notes and interview transcripts in his defamation case against the station.

Rockingham Superior Court Judge Daniel St. Hilaire ruled this week that Spofford has a right to review the reporting materials NHPR reporter Lauren Chooljian created when she reported on the serious allegations of sexual assault and harassment against Spofford.

“Upon review, the Court agrees with Spofford that some of the discovery materials he requests could, in theory, include evidence that the NHPR defendants acted with actual malice,” St. Hilaire wrote.

Spofford and his legal team will be able to review notes Chooljian took and transcripts of recorded interviews she conducted with witnesses and alleged victims. The materials must first be produced for the judge to review in a non-public “in camera” hearing where it will be determined what, if anything, is relevant to Spofford’s case.

NHPR objected to the discovery request on the grounds it would ultimately have a chilling effect on speech.

The records to be reviewed include interviews and any correspondence Chooljian had with NHPR colleagues about these sources and their perceived credibility. 

Spofford maintained the sources Chooljian used for the story lied and had obvious credibility issues. He also argued Chooljian likely knew there were problems with the sources, but she and NHPR reported the story anyway.

One key source Spofford is targeting in his search for proof of malice is his ex-girlfriend, Amy Anagnost Cloutier. Spofford has claimed in court records Anagnost Cloutier was intent on ruining his reputation as part of a bitter custody dispute.

Chooljian reported allegations against Spofford last year involving women who either worked for him or were clients at his recovery centers. Spofford has maintained his denials throughout the reporting and subsequent lawsuit against NHPR.

St. Hilaire initially ruled against Spofford in April, stating the lawsuit did not show actual malice on the part of Chooljian and NHPR. The judge did give Spofford time to amend his lawsuit to add more evidence of malice, and Spofford’s quest for documents was part of that effort.

Chooljian and NHPR have not been idle in the months since the ruling. The public broadcaster is releasing a podcast this month, including a new allegation against Spofford. Spofford offered to sit down for an interview with Chooljian for the podcast, but his offer was rejected.

As part of the ruling, Spofford must pay for all the recorded interviews he requested to be transcribed. Spofford sold Granite State Recovery to a Texas company last year for an undisclosed sum. 

NHPR to Air New Spofford Allegations, Leaving Out Spofford Interview

New Hampshire Public Radio is taking another shot at former Granite State Recover CEO Eric Spofford with a planned podcast making new allegations of sexual misconduct. But the show won’t include Spofford’s side of the story.

The new production, coming out in early June, includes a story from an anonymous woman who claims she sent Spofford “intimate photos of herself” sometime in 2009 after he asked, according to court records.

“NHPR’s reporting apparently also will feature a new anonymous accuser—who was neither a patient nor employee, and who for apparently the first time ever and with no indication of corroboration—alleges Eric, in 2009 (14 years ago), requested that she send him ‘intimate photos of herself – and she [allegedly] did,’” wrote Michael Strauss, Spofford’s attorney.

Spofford is challenging the order dismissing his defamation lawsuit against NHPR for its story published last year alleging he sexually harassed and assaulted women using his position as the founder of the drug addiction recovery centers. He is currently seeking more time to file a new complaint in the case. NHPR is fighting that motion in court.

According to Strauss’s latest filing, Spofford offered to sit down with NHPR reporter Lauren Chooljian for a no-holds-barred interview ahead of the new podcast. But the liberal media organization wasn’t interested.

“When Chooljian sprung NHPR’s plan for a new podcast series on Eric and requested he answer, effectively, 12 multi-part interrogatories, Eric offered NHPR and Chooljian something better: An in-person, unlimited-in-scope interview with him, on just two conditions: (i) Eric would be permitted to record the interview, and (ii) NHPR would publish, contemporaneously with and as part of the podcast series, the complete unedited version of the interview. NHPR refused,” Strauss wrote.

Rockingham Superior Court Judge Daniel St. Hilaire ruled in NHPR’s favor in March, stating Spofford failed to show that anyone at NHPR engaged in malice when reporting about the sexual assault allegations, despite the claims of bias and shoddy reporting in the lawsuit. Spofford maintains he never engaged in the sexual misconduct alleged in NHPR’s coverage.

Spofford claimed in his original lawsuit that Chooljian targeted him because of his Republican politics, and the public broadcaster used the story to raise money from donors.

“Chooljian viewed Eric as her opportunity to ascend the journalism ranks. To Chooljian, a #MeToo-styled report about a white male, Republican donor, and bold and successful businessman, who made money in the substance use disorder treatment business, had all the markings of a career-defining piece,” the lawsuit states.

In subsequent filings, Spofford went on to allege Chooljian relied on biased sources, like his ex-wife with whom he was engaged in a bitter custody dispute, and reported on nonexistent facts, such as a Snapchat photo of his penis sent to one victim. Spofford claims the photo does not exist and that Chooljian never saw the photo before reporting on it.

According to the filings, Chooljian and the station ignored witnesses who contradicted the story and refused to run statements that Spofford believed cleared him. 

Spofford Demands Reporter’s Notes, Says Lawsuit Isn’t Over

In a sign the lawsuit accusing New Hampshire Public Radio of #metoo inspired defamation isn’t over yet, former Granite Recovery Centers CEO Eric Spofford is demanding access to evidence, including reporter Laura Chooljian’s notes.

Spofford claims NHPR ruined his life when it broadcast stories about his alleged sexual abuse of women connected to his drug-action recovery centers. Spofford says those stories were based on statements from openly biased sources and used phantom evidence that did not exist.

Rockingham Superior Court Judge Daniel St. Hilaire sided with the public broadcaster in dismissing Spofford’s lawsuit last week, finding that he failed to establish that anyone at NHPR engaged in malice when reporting about the sexual assault allegations. 

That dismissal, however, gave Spofford 30 days to amend his lawsuit to keep the complaint against NHPR alive in court. On Wednesday, Spofford’s attorney Michael Stauss filed a motion for evidence and a delay in the deadline to refile the lawsuit with an amended complaint that lays out evidence of malice.

“Because the New Hampshire Constitution entitles Eric to his day in court to hold the NHPR Defendants accountable for defaming him, he should be given a fair opportunity to sufficiently allege actual malice,” Strauss wrote.

Spofford wants any recording Chooljian made with the sources she used for the story, any emails she sent to NHPR colleagues about the credibility of those sources, and her reporting notes from the story. The also is also seeking recordings, notes, and communications between Chooljian and Amy Cloutier, formerly Amy Anagnost, who is Spofford’s ex-girlfriend. 

Spofford maintains the stories the sources told were not only false, but Chooljian likely knew there were problems with the sources and reported the accusations anyway. Getting access to the recordings, notes, and communications will allow him to show NHPR broadcast the story with a disregard for the truth, according to the motion.

St. Hilarie ruled Spofford’s complaint needs to show ‘clearer indicia’ of a reckless disregard for the truth to show NHPR acted with malice.

“If this story, as the NHPR Defendants have ardently claimed, were meticulously investigated and reported, then this discovery would only serve to enhance their defense. If, alternatively, the NHPR Defendants knew or recklessly disregarded the falsity of their reporting, then this discovery would fairly enable Eric to allege, with the ‘clearer indicia’ desired by the court, their actual malice,” Strauss wrote.

Spofford has claimed in court records that Cloutier/Anagnost made up the story as part of an effort to hurt him during a contested child custody issue. According to court records, she served as a major source for Chooljian and connected her with other sources as part of her scheme to harm Spofford.

“The NHPR Defendants relied on Amy and the sources she cherry-picked for Chooljian, despite her obvious unreliability (after years of long-term recovery from alcoholism and addiction, she has relapsed, and that relapse occurred at or around when she started as a source for the NHPR Defendants) and notwithstanding her known and unmistakable bias against and ill-will toward Eric as reflected in publicly available records,” Strauss wrote in a motion filed last year.

Spofford claims the liberal-leaning NHPR targeted him because he built a politically-connected profile with Granite Recovery Centers. As the drug abuse recovery centers became the largest recovery facilities in New Hampshire, Spofford even counseled Gov. Chris Sununu on the response to New Hampshire’s opined epidemic.

Last year, Spofford sold Granite Recovery Centers to BayMark Health Services, a Texas-based treatment company. The sale price wasn’t disclosed.

 

NHPR Notches Win in Spofford Defamation Case

Rockingham Superior Court Judge Daniel St. Hilaire is siding with New Hampshire Public Radio, dismissing the defamation lawsuit brought by Eric Spofford over stories alleging he engaged in sexual misconduct while he was Granite Recovery Centers’ CEO.

Spofford filed the suit against NHPR in October, claiming the public radio station ruined his life and career when it reported a story in which women accused him of sexual harassment and assault. Spoffird claimed the reporters and editors involved in the story relied on biased sources and scant evidence.

St. Hilaire’s ruling, released this week, said Spofford failed to establish proof of actual malice by anyone at NHPR reporting on the sexual assault allegations, despite whatever bias and shoddy reporting Spofford claimed.

“Absent clearer indicia that the NHPR defendants acted in bad faith in relying on these sources, or were subjectively aware that the information provided by these sources was probably false, (the lawsuit) failed to allege actual malice,” St. Hilaire wrote.

In the landmark 1964 New York Times v. Sullivan lawsuit, the U.S. Supreme Court ruled public figures can only claim defamation when they can prove reporters acted with malice, “that is, with knowledge that it was false or with reckless disregard for the truth.” That would include reporting facts the reporters knew were untrue or acted with reckless disregard for truth.

St. Hilaire also ruled Spofford could be considered a limited-purpose public figure and therefore held to the Sullivan standard.

“By outwardly presenting himself as a national figure in the fight against opioid addiction and emphasizing the inspirational nature of his own story of recovery, Spofford voluntarily stepped into the midst of an ongoing controversy and assumed the risk of public discourse surrounding his conduct and his fitness as a leader in the field,” St. Hilaire wrote.

According to St. Hilaire’s ruling, Spofford has 30 days to file a new, amended complaint to allege actions that would qualify as actual malice. Absent that, the case will be dismissed.

Spofford claimed in his original complaint that NHPR reporter Lauren Chooljian targeted him because of his Republican politics and that the station used the story to raise money from its left-leaning audience.

“Chooljian viewed Eric as her opportunity to ascend the journalism ranks. To Chooljian, a #MeToo-styled report about a white male, Republican donor, and bold and successful businessman, who made money in the substance use disorder treatment business, had all the markings of a career-defining piece,” the lawsuit states.

Spofford went on to allege in subsequent filings that Chooljian relied on biased sources, like his ex with whom he was engaged in a bitter custody dispute, and reported on nonexistent facts, like a Snapchat photo of his penis sent to one of the victims. Spofford claimed the photo does not exist and that Chooljian never saw the photo before reporting on it.

Chooljian and the station further ignored witnesses who contradicted the story and refused to run statements that Spofford believed cleared him, according to the filings. 

Spofford maintains he never engaged in the sexual misconduct alleged in NHPR’s coverage. Spofford sold Granite Recovery Centers to BayMark Health Services, a Texas-based treatment company, last year. The sale price was not disclosed.

No Arrests in NHPR Vandalism, but Possible Links to Spofford Associate

It has been almost a year since an unknown vandal attacked the homes of New Hampshire Public Radio personalities, incidents that are now part of former Granite Recovery CEO Eric Spofford’s defamation lawsuit filed against the broadcaster. The investigations seem to be stalled.

In April and May of last year, an unknown assailant threw bricks at and spray-painted threats on the current or former homes of NHPR News Director Dan Barrick and reporter Lauren Chooljian. The attacks happened in Hanover, Hampstead, Concord, and Melrose, Mass.

Spofford has denied any role in the vandalism and claimed in court records that NHPR illegally used the vandalism to gain an advantage in his civil defamation case, just as the case was headed for a settlement.

However, NHJournal has uncovered details that seem to link one of Spofford’s friends, Eric Labarge, to the vandalism. Labarge is himself a recovering addict and owner of the Starting Point Recovery Centers.

Labarge has not been charged in the vandalism cases. He has a criminal history that includes violence against women and spent time in state prison.

He is also currently awaiting trial on charges of assaulting a man in Manchester. That assault occurred on May 31, 2022, days after the last vandalism attack in May. According to court records, the alleged victim was a man who had been a resident at a Starting Point center. 

Labarge’s attorney, Charles Keefe, did not return requests for comment.

Spofford confirmed his relationship with Labarge to NHJournal and praised Labarge’s work in recovery. 

“I worked closely with Eric Labarge to help him overcome his addiction in the early days of his sobriety,” Spofford said. “I’ve had the opportunity to watch him grow through the ups and downs of recovery for almost 10 years. He’s done great things for the recovery community, and I believe he will continue to for years to come.”

Hanover Police began investigating vandalism on April 24 when the resident reported someone threw a brick at the home and spray painted the word “C–T” on the building, according to the reports. The home was not occupied by anyone connected with NHPR during the vandalism, but Chooljian had lived in it a few years earlier, according to police.

Hanover Police soon learned the spray-painted vulgarity and thrown bricks matched the vandalism that took place in other communities where NHPR reporters lived. During the investigation, detectives talked to police in Hampstead and learned Labarge was a suspect in that town, according to the report.

The Hanover police report has been retracted, but it appears the victim in the Manchester assault may have also been a suspect in the vandalism, according to the Hanover report. The Hanover report obtained through a Right to Know request obscures the names of the suspects, but it does include the Manchester Police Department’s incident number for the assault, which matched the court records for Labarge’s arrest.

Hanover police were given information from the Hampstead department on the vehicle used in the attack, and it seemed to match the one used in Hanover. However, after being unable to develop further leads in the case, Hanover police closed the investigation last year.

Spofford, who was called a person of interest by police in Massachusetts, claimed in court documents that NHPR took advantage of the vandalism, canceling settlement talks and using its media reach to cast blame on him for the damage.

Spofford reportedly made himself available to investigators as soon as he learned of the vandalism in Melrose, but police have never questioned him. 

Spofford’s attorney, Ben Levine, claimed NHPR’s use of the criminal case to cancel the settlement talks may have been criminal.

“Whether and to what extent NHPR used these acts of vandalism in an opportunistic way to evade accountability for defaming Mr. Spofford should be investigated as it is criminal in nature,” Levine wrote last year to New Hampshire Attorney General John Formella’s office.

Chooljian reported last March that Spofford engaged in sexual misconduct while head of Granite State Recovery Centers. The allegations against Spofford made national news. He has denied any sexual misconduct.

Sigmund Schutz, the attorney representing NHPR, did not respond to a request for comment. NHPR is trying to dismiss Spofford’s defamation lawsuit on First Amendment grounds. A ruling on the motion to dismiss is pending in Rockingham Superior Court. 

ACLU Joins NHPR Lawsuit, Spofford Says Lewd Photo Used to Bolster Story Doesn’t Exist

New Hampshire Public Radio is gaining allies in the lawsuit brought by Granite Recovery’s Eric Spofford. The New Hampshire American Civil Liberties Union is leading a coalition of news outlets signing amicus briefs in favor of the public broadcaster.

But the show of support for the left-leaning media outlet comes as major evidence used to report the story is in doubt, according to court records filed in the case.

Spofford is suing the broadcaster claiming he was defamed by a series of stories alleging he sexually harassed women at the addiction recovery centers he founded. In one of the more damning portions of the story, one of the alleged victims said Spofford sent her lewd text messages and a photo of his penis.

But Spofford claimed in a recent court filing that NHPR reporter Lauren Chooljian never saw the alleged photo before she reported that it had been sent to the victim.

“Chooljian did not see the picture on which Elizabeth’s claim is based (because it never existed,)” the filing states.

The New Hampshire ACLU, along with the New England First Amendment Coalition, the Union Leader, the Keene Sentinel, Caledonian Record, and the Laconia Daily Sun filed a brief in the Rockingham Superior Court last month to intervene on behalf of NHPR. The outlets and civil rights groups joining the case have received little media attention, and even the typically PR-savvy ACLU has yet to announce its involvement through a press release on its website.

The timing of the ACLU’s amicus filing came as Spofford’s legal team called into doubt the foundation of NHPR’s reporting. Spofford’s attorney, Michael Strauss, wrote in a court motion that one key witness used by Chooljian was Spofford’s aggrieved ex, Amy Anagnost.

“Eric has uncovered that Amy both supplied her own false claims about him to (NHPR reporter Lauren) Chooljian and served as a source clearinghouse for Chooljian as she investigated and wrote the Article and Podcast. The NHPR defendants relied on Amy and the sources she cherry-picked for Chooljian, despite her obvious unreliability (after years of long-term recovery from alcoholism and addiction, she has relapsed, and that relapse occurred at or around when she started as a source for the NHPR defendants) and notwithstanding her known and unmistakable bias against and ill-will toward Eric as reflected in publicly available records,” Strauss wrote.

According to Strauss’ motion, Anagnost engaged in an effort to defame Spofford in order to gain the upper hand in family court hearings dealing with the shared custody of their son.

“A recent court filing by Amy’s soon-to-be ex-husband, Alex Anagnost, confirms that Amy ‘fed questionable information about her relationship with Eric to’ Chooljian for inclusion in the article and podcast, which Amy then used against Eric to alienate him from their son and as a weapon in their parenting dispute,” Strauss writes.

NHPR denied Anagnost was one of the sources for its reporting.

Spofford built a politically connected profile with Granite Recovery Centers. As the drug abuse recovery centers became the largest recovery facilities in New Hampshire, Spofford even counseled Gov. Chris Sununu on the response to New Hampshire’s opioid epidemic.

Spofford sold Granite Recovery Centers to BayMark Health Services, a Texas-based treatment company, last year. The sale price has not been disclosed.

Sununu: ‘I Like Joe Rogan,’ Defends Free Speech

Gov. Chris Sununu likes free speech, the First Amendment, and podcaster Joe Rogan.

Donald Trump? Not so much.

In a radio interview Tuesday morning, the Republican governor told WGIR’s left-leaning talk host Chris Ryan he opposed attempts to silence media voices like Rogan’s, whether or not you agree with their viewpoints.

“Whether it’s social media, the mainstream media, or Joe Rogan,  sometimes you get a difference of opinion — you could call it misinformation — it comes from everywhere now. To say we’re going to become the ‘misinformation police’ because we don’t agree with what they say… that’s just a complete violation of the First Amendment and goes against everything America is about,” Sununu said.

Rogan, whose podcasts attract around 11 million listeners each, is the target of progressives who want his program de-platformed by the Spotify media platform. They are angry that he has interviewed COVID-19 vaccine skeptics and other controversial figures on his show, allowing them to share their opinions. Rogan has also expressed skepticism about public health policy on vaccines, and masks.

Among the progressives pushing to shut him down are aging musicians Neil Young and Joni Mitchell. A single episode of Rogan’s podcast draws more listeners on Spotify than a month’s worth of listeners to Young and Mitchell’s music — combined.

When Ryan argued that “mainstream media programming like his show should be viewed as more trustworthy than Rogan’s (“we have gatekeepers!”) and the confusion between what Ryan considers legitimate media and podcasts is a problem, Sununu pushed back.

“I disagree. I listen to Joe Rogan. I don’t consider him mainstream news. I like Joe Rogan I listen, I agree with something he says and disagree with others. But I would never compare him with Fox News. We have to make our own decisions about the weight we put on an individual’s words.”

Sununu also noted the irony of being asked about the Rogan controversy on CNN two days earlier.

“I thought the question was funny coming from the mainstream media — ‘what should we do about people who put out misinformation?’ I could have gone down a list of 100 things on each of the ‘mainstream’ news channels that are not true, or misinformation, or partisan leaning. But that [censoring speech] is a rabbit hole we’d never come out of,” Sununu said.

However, Sununu was less forgiving of the questionable claims coming from former President Donald Trump. Asked about Trump’s suggestion that participants in the January 6, 2021 Capitol riot should be pardoned, Sununu dismissed the idea as a fringe notion.

“I understand the former president has his opinion, but I don’t think it’s shared by pretty much anyone else. I don’t think anybody thinks those who assaulted the U.S. Capitol, assaulted police officers, should be pardoned,” Sununu said. “Especially in the GOP, we believe in accountability, the rule of law, and supporting law enforcement. It would send a terrible message not to support law enforcement.

“When you look at the issues that were going on at the Capitol on that day, if we’re going to take a pass on that, we’d be saying it’s OK to take a pass on those who assaulted police and burned down cities in 2020,” Sununu added.

“There’s still a rule of law that has to prevail.”

Recent polls show a majority of Republicans want the congressional investigation into the events of January 6 to end, and only 17 percent of Republicans believe the rioters are criminals. Another 66 percent say, “They had a point but went too far.”