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AG Gets Election Law Conviction Against Small-Town Newspaper, but Illegal Mail Case Languishes

Attorney General John Formella announced Thursday that Londonderry Times publisher Debra Paul has been convicted on five counts of violating state law on political advertising.

However, Formella has yet to announce any charges — or any enforcement actions at all — over hundreds of thousands of dollars of illegal political mailers sent into New Hampshire by a Democrat mail shop to interfere in the Second Congressional District GOP primary.

Paul, 64, could get up to a year in jail on each count and faces up to $2,000 in fines for each conviction. She will be sentenced in the Derry District Court later this month. She failed to properly label political ads running in her papers.

Judge Kerry Steckowych issued the verdict Thursday following last month’s bench trial. 

Paul repeatedly broke the law in the run-up to the 2022 municipal elections when she published ads for local political candidates and warrant articles in her small, local weeklies, the Londonderry Times and the Nutfield News, according to testimony at last month’s trial.

Paul’s attorney, Tony Naro, said his client never intended to be a criminal. She made repeated efforts to follow the instructions she got from the New Hampshire Attorney General’s Office but failed to meet the letter of the law.

“Her intent is abundantly clear. Her intent was to comply with the law,” Naro said in his closing argument. Paul simply struggled to understand how to do so, he said.

According to Naro, every advertisement used by the prosecution to bring the charges is clearly a political ad for school board candidates, town council candidates, and warrant articles. Paul’s crime was she did not make sure to have the words “paid political advertisement” in each ad she printed. Many were labeled “paid advertisement” or “advertisement.” 

Assistant Attorney General Matthew Conley argued at trial that Paul couldn’t claim ignorance after she was repeatedly warned for prior improper ads.

Paul’s political ads were the subject of multiple reports to the New Hampshire Attorney General’s Office over several years. She got warning letters in 2019 and 2021 about how she was publishing ads, and the 2021 letter informed her that if she broke the law again, she could face prosecution. 

According to testimony at trial, Paul was dealing with cancer when she struggled to handle the ads in early 2022. Paul operated the two newspapers with one employee, her husband, Chris Paul. Naro said the mistakes she made during the 2022 municipal election season were not intentional.

In the wake of the charges, Paul had to shut down the Nutfield News, Naro said.

The Democratic mail shop in Massachusetts that barraged Second Congressional District mailboxes with illegal ads, Reynolds Dewalt, has not been shut down. Nor has it been charged with a crime, despite its admission that it sent Democratic-funded mailers with no disclosures of any kind to voters during the 2022 GOP primary.

The anonymous mailers pushed GOP voters in the 2nd District away from moderate Keene Mayor George Hansel and toward MAGA Republican Bob Burns.

One piece featured a photo of Burns with a headline reading “I Stand With Trump” on one side and declaring him “100 Percent Pro-Trump” on the other. The mailer claimed Hansel was not. Another mailer asked, “Who Stands With Trump?” and made it clear the answer is Burns, not Hansel.

Burns would go on to win the primary, beating Hansel by 1,800 votes. Burns then got thumped in the general election by incumbent Democratic Rep. Annie Kuster.

Formella told NHJournal last week the case is a high priority in his office and that he has worked on it personally. Asked why more than a year had passed without any action, Formella declined to answer other than to say working across state lines slows down the legal process. And Formella denied Massachusetts Attorney General Andrea Campbell, a partisan Democrat, was anything other than cooperative.

Still, as the Republican gubernatorial primary heats up — a high-profile race the Democratic Governors Association has already declared a priority — Granite State political operatives have noticed the difference between the treatment of Deb Paul and Reynolds Dewalt.

“She doesn’t have Marc Elias on her speed dial,” one New Hampshire attorney quipped.

Reynolds Dewalt has a long history working for Democrats and is represented by attorney Marc Elias. He has done work for the Democratic National Committee since 2009, as well as the presidential campaigns for Vice President Kamala Harris and former Secretary of State Hilary Clinton.

A Year Later, No Action from AG Formella on Dems’ Illegal Mailers

In August 2022, a Massachusetts mail shop represented by Hillary Clinton’s attorney dumped hundreds of thousands of dollars of illegal mailers into the New Hampshire GOP primary in the 2nd Congressional District. The mailers, which violated state and federal law, were part of a $44 million national Democratic strategy to interfere in GOP primaries.

More than 14 months later — and with the 2024 GOP primary season approaching — New Hampshire’s top cop has taken no action, even as Democrats eye the Republican primary for governor. And critics say if they can do it illegally and without consequence, why not?

The facts of the case aren’t in dispute. In the final weeks of the 2022 Republican primary in the 2nd Congressional District, voters were hit with a wave of political mailers promoting Bob Burns as the most Trump-friendly candidate in the race. The mailers also accused his mainstream GOP competitor, Keene Mayor George Hansel, of not supporting the former president — a key issue to Republican primary voters.

Anonymous campaign mailer touting Bob Burns, sent by a Democratic mail shop in Massachusetts.

The mailer worked. Hansel, viewed as the strongest Republican to take on U.S. Rep. Annie Kuster and endorsed by Gov. Chris Sununu, was defeated by underfunded MAGA candidate Burns. Kuster handily defeated Burns 56-44 percent in November.

However, as NHJournal reported at the time, those mailers were sent to GOP primary voters not by New Hampshire Republicans but by Reynolds DeWalt, a Democratic political mail shop based in New Bedford, Mass., that has printed products for Hillary Clinton and Bernie Sanders.

Voters had no way of knowing that because the illegal mailers had no disclosures of any kind, a clear violation of state and federal election laws.

Yet more than a year later, no charges have been filed, and no actions have been announced by New Hampshire Attorney General John Formella or any other law enforcement agency. And while the state Republican Party filed a complaint with the Federal Election Commission in September 2022, the agency declined to answer any questions about whether or not an investigation is even underway.

Granite State Republicans fear the lack of enforcement means even more illegal Democratic campaign material will pour into the 2024 primaries, particularly for governor.

Formella claims his office is actively investigating the mailers, telling WFEA radio host Drew Cline in a recent interview that he is on the job.

“That [case] remains under active investigation; I’ve spent a fair amount of time on it myself because I feel it’s important,” Formella said. “The challenge is when you’re trying to investigate across state lines, getting subpoenas domesticated, getting documents, getting people to sit for interviews, it takes time. My goal is to take the strongest action possible.”

One obstacle may be the mail shop’s legal counsel, notorious Democratic operative Marc Elias, who has worked for the Democratic National Committee since 2009 and also worked for the presidential campaigns for Vice President Kamala Harris. However, Elias is best known for helping his client, the Hillary Clinton 2016 campaign, fund the now-debunked “Steele Dossier” promoting the so-called “Russia Collusion” hoax.

Plus, any federal investigation would involve the Biden administration’s Department of Justice, which may lack motivation to take down political actors inside the president’s own party.

And then there is the Massachusetts problem.

Sources tell NHJournal that any New Hampshire investigation involving out-of-state political mischief by Bay State players would go through the office of progressive Massachusetts Attorney General Andrea Campbell. Campbell’s partisan activism is no secret; she is viewed as a rising star in the Democratic Party. The Massachusetts Attorney General’s Office is often used as a springboard for higher office. Current Democratic Gov. Maura Healey launched her gubernatorial campaign after winning her second term as attorney general.

Campbell’s ability to influence an investigation creates, at the very least, the appearance of a conflict of interest. Formella’s office declined to say what kind of cooperation it is getting from Massachusetts officials, if any. Campbell’s office did not respond to multiple requests for comment.

The Democratic Party’s strategy of promoting weak Republican candidates in GOP primaries in 2022 paid off, particularly in New Hampshire. In the 2nd District race, Burns spent less than $16,000 in primary ads, while the Democrats Serve PAC spent $562,000 boosting his candidacy to GOP voters.

In the U.S. Senate race, MAGA Republican Don Bolduc’s ad spend was an anemic $33,760. But Democrats spent more than $3 million helping him defeat former state Senate President Chuck Morse. Bolduc lost to the incumbent Democrat, Sen. Maggie Hassan, by nine points.

Burns has spoken publicly about entering the GOP gubernatorial primary, where Morse and former U.S. Sen. Kelly Ayotte are already running. Even if he doesn’t, it is possible a Trump win in the presidential primary contest would inspire a MAGA Republican to enter the race and represent the activist base of the party. And thanks to Democrats, that MAGA candidate might not need to raise a penny to mount a competitive race.

Thus far, the New Hampshire Attorney General’s Office has done nothing to prevent that. Instead, Formella is already hinting his office may take no action at all despite the clearly illegal conduct of the Democrats.

“My goal is to take the strongest action we can,” he told Cline. But he added that, “at a minimum, we will issue reports to the public about exactly what happened.”