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Why is state Supreme Court Justice Barbara Hantz Marconi is on administrative leave — a drastic action rarely taken by a sitting jurist? New Hampshire officials won’t say.

Is it related to the grand jury now reportedly convened to consider criminal charges against husband, Geno Marconi? Again, no word.

“This must shake the faith that citizens should expect to have in their public institutions and those who work for them as well as those who have oversight for them,” the New Hampshire Union-Leader editorialized this weekend.

Without information from the Sununu administration or the judiciary, speculation has turned to Geno Marconi and his troubled past.

Geno Marconi was placed on leave as the Director for the New Hampshire Division of Ports and Harbors in April. The reasons for the action have not been made clear, but it has been known for weeks that he is being investigated by the New Hampshire Attorney General’s Office.

NHPR reports witnesses are being called to testify before a grand jury. Grand jury proceedings are secret and officials will not comment unless and until indictments are handed up.

Marconi’s colorful past includes 2006 allegations he misused public resources for his own benefit, that he took improper gifts like lobsters and liquor in his role as ports director, and he used racist slurs about a ship captain trying to do business with the state.

The troubling aftermath of the 2006 complaints against Marconi include a drive-by shooting at the home of one of the witnesses and alleged other threats. No one was ever charged for shooting or other threats, and Marconi has denied involvement.

Last week, the public learned for the first time that Justice Hantz Marconi has been recusing herself from cases involving the New Hampshire Attorney General’s Office. Though she has sat in on oral arguments in cases involving the state’s top law enforcement agency, Hantz Marconi has reportedly not taken part in deliberations or decisions in those cases. 

Geno Marconi kept his job after apologizing in 2006 for reportedly calling a ship captain of Middle Eastern descent a “sand n*gger” a “camel jockey,” and a “towel head.” He was also accused of calling someone else a “New York Jew with the chink wife.” 

Geno Marconi told investigators that while he likely did use the term “sand n*gger” it was not about that particular captain. He also denied making the other remarks. He was required to undergo sensitivity training as a result of the investigation.

There were also complaints about his management practices. According to a New Hampshire Attorney General’s supplemental report, Marconi took advantage of his position in several ways: he used his state-issued truck for personal errands like picking up sheetrock; he used a state forklift to drop private boat moorings; stored his private boat as a state dock; and took gifts like lobsters, pheasant, and a bottle of ouzo from ship captains and fishermen who did business with the Port of New Hampshire.

Portsmouth Development Authority Officials would tell investigators that while Marconi operated within the rules in those instances, reforms would be considered going forward. 

A year later, Bill Roach, one of the longshoremen who complained about Marconi’s behavior, reported someone shot at his Rye home. Soon after that, a fake headstone with Roach’s initials and the initials RIP was found at the port. A short time later, a cage of dead rats was left outside Roach’s home. 

Despite three separate police investigations, no charges were ever brought for the threats against Roach. Marconi denied any involvement. Roach was president of the International Longshoremen’s Association and at the time he and several other longshoremen filed a whistleblower lawsuit against the state and the port. The lawsuit claimed Marconi took away their port jobs after they made their complaints about his alleged slurs.

The lawsuit ended up being dismissed when the New Hampshire Supreme Court ruled the longshoremen were contractors and not state employees. As such, they did not qualify for whistleblower protection. 

Hatz Marconi built a career as a private lawyer, becoming a shareholder at the law firm of Sheehan, Phinney, Bass and Green. Gov. Chris Sununu nominated Hantz Marconi to be Associate Supreme Court Justice in 2017. 

Now she’s on mandatory leave and, for the moment, Granite Staters continue to be left in the dark.

Neo-Nazi leader Christopher Hood failed to respond to a civil rights lawsuit alleging he broke the law when he orchestrated his NSC-131 gang to violently protest a Drag Queen Story Hours event at the Teatotaler Cafe in Concord.

But don’t tell his donors. Hood’s already raised more than $17,000 for his legal defense through crowdfunding donation sites even after he was found in default on May 10.

Hood, a Massachusetts resident, allegedly led his masked supporters to be an intimidating and threatening presence at Teatotaler’s last summer. The hate group members shouted threatening white-power slogans and pounded on windows in an attempt to stop drag performer Juicy Garland from reading a children’s book, according to court records.

With Hood in default, he now faces the prospect of going straight to the judgment phase of the case without a trial on the evidence. The case is complicated by the fact NSC-131 as an entity was dismissed as a defendant in the case earlier this month as well.

Court records filed in Merrimack Superior Court indicate the group was not properly served with the lawsuit in the given timeframe, and dropped as a defendant. Michael Garrity, spokesman for the New Hampshire Attorney General’s Office, said lawyers with the Civil Rights Unit plan to appeal that decision.

“The Civil Rights Unit plans to ask the court to reconsider this order because NSC-131 was properly served as required by state law and served on time as required by the court,” Garrity said. “In that motion, the unit will ask the Court to reconsider the order, reinstate NSC-131 as party, and enter a notice of default against NSC-131 for failure to respond to the complaint as required by the court.”

Once NSC-131 is added back to the case, Garrity said the state will move to get the gang found in default just like Hood. The case can then go straight to judgment, and Garrity said the Attorney General’s Office will seek “appropriate penalties, restraining orders, and damages as provided for under state law.”

Hood’s online fundraising pitch asks for $100,000 for a legal defense that has multiple cases. NSC-131 is facing sanctions in Massachusetts and another New Hampshire case that’s gone to the state Supreme Court. 

Formella’s team brought civil rights charges against Hood and NSC-131 over its 2022 “white power” demonstration in Portsmouth. That case was dismissed last year on First Amendment grounds, but Formella is appealing to the state Supreme Court.

Hood has had difficulty in the past obtaining the services of a lawyer, but he may not have to try too hard this time. The NH-ACLU recently filed a brief in support of the neo-Nazis’ free-speech rights in the Portsmouth case.

“Simply because speech is harmful – and it undoubtedly is here – does not mean that it can be prohibited because of its viewpoint,” ACLU lawyers wrote.

Formella called the ACLU’s decision to weigh in on behalf of Hood and NSC-131 “disappointing.”

“Hate has no place in New Hampshire, and we will not sit idly by while organized hate groups like NSC-131 commit illegal acts for the purpose of harassing and even terrorizing our citizens,” Formella said. “As my office articulated in its opening brief to the New Hampshire Supreme Court, the right to engage in speech does not permit people to commit unlawful acts, such as the trespass that NSC-131 has been accused of committing.”

A new plea offer is on the table for former Strafford County Sheriff Mark Brave, the lawman charged with stealing taxpayer money to fund his love life.

Brave, who was forced to resign last year after getting caught lying to the court, rejected the original plea agreement dangled by prosecutors in March. His counter proposal was then rejected by the state. But instead of heading to trial, Brave and lawyers with the New Hampshire Attorney General’s Office agreed to enter into mediation. 

Mediator Peter Fauver met with both sides this week and issued an order on Wednesday. Fauver’s order is currently sealed. Michael Garrity, spokesman for the New Hampshire Department of Justice, told NHJournal the clock is now ticking.

“The parties were given until May 24 to resolve the matter by plea or the case will return to the trial track,” Garrity said.

Criminal mediation, also known as a felony settlement conference, typically involves a judge not connected to the case working with both sides to reach a consensus. According to New Hampshire Judicial Branch Policy, cases suitable for felony settlement conferences involve defendants who admit wrongdoing. The conferences include input from the alleged crime victims as the judge guides all parties to a deal.

Brave’s saga started last year when county officials became suspicious of his spending habits with the county credit card. According to the investigative report, Brave was using his county card to buy plane tickets, hotel rooms, and meals for his extramarital affairs. While he was under investigation, Brave refused to step down and instead lashed out in the press, claiming he  was the victim of political bullying and accused County Commissioner George Maglaras of racism.

When he was charged last summer on theft and perjury counts, Brave initially refused to go on paid administrative leave, but finally bowed out under pressure from county commissioners.

Brave got in trouble again soon, this time for violating his bail conditions, lying about where he lived, and hiding money in order to qualify for a free defense attorney, according to court records. 

Brave was not supposed to stay living in New Hampshire under the bail order set by the court, an order he ignored when he paid a year’s lease on an apartment in Massachusetts and bought himself a sports car. At the same time, Brave claimed he did not have enough money to pay for a lawyer.

When prosecutors discovered he did not live at the Dover address he used in court, they sought to have his bail revoked. They also accused him of additional theft for taking his sheriff’s salary while living in another state. Brave got out of that jam by agreeing to resign from his position. 

It remains to be seen if the mediated agreement also lets him stay out of jail.

Brave made headlines in 2020 when he became New Hampshire’s first elected Black sheriff. The new Democratic star ran a Black Lives Matter-friendly platform, agreeing to reform police. One of his campaign promises was to end the practice of having cops in schools, a promise he broke when he signed a contract with the Farmington School District for his office to provide a school resource officer. Such contracts bring in needed revenue to the department. 

Windham’s streak of questionable election conduct continues. On Tuesday, officials held a vote reconciliation without informing the New Hampshire secretary of state or the public to double-check the totals from the March 12 town elections.

Town residents began contacting NHJournal Tuesday morning when a posting appeared claiming to be a “legal notice” that the town of Windham “will perform an election reconciliation [sic] the March 12, 2024 Election.”

“The public is encouraged to observe this process,” the notice added. To do that, several residents groused, they would have to know about it in advance.

Windham’s municipal elections were already under stress after both the Town Clerk Nicole Merrill and Deputy Town Clerk Hannah Davis announced two weeks before they were vacating their posts as of Election Day, March 12. Merrill cited health concerns for her departure, and Davis blamed pressure and a lack of support from superiors as driving her exit.

NHJournal contacted the town clerk’s office Tuesday and was told the decision to hold the reconciliation was made the night before. A source in the Secretary of State’s office, which oversees the state’s election, said they were unaware a reconciliation was being conducted.

The last election official left in town, Town Moderator Peter Griffin, did not respond to repeated requests for comment.

Vote reconciliations are typically conducted immediately after election polls close, votes are counted, and official results are reported. Officials compare votes, voters, and ballots cast to ensure accurate totals are reported.

Tom Murray, co-founder of the far-right Government Integrity Project, says there are concerns about Windham’s handling of the election. He says the results reported on election night were inaccurate, for example.

“The school moderator, Betty Dunn, who was on the ballot seeking reelection, was handling ballots that she appears on as a candidate during election night,” Murray said. He also claimed Dunn “has been involved in multiple unofficial recount/reconciliation efforts outside of the public.” Plus, he pointed out that the town’s notice for the reconciliation “did not meet the 24-hour requirement.”

And, Murray said, he will be asking for a recount of the March 12 election.

Murray told NHJournal that nobody is arguing that any election’s outcome will be changed. Instead, he said, it’s time for the town to finally admit—after five troubled election cycles in a row—that there’s a fundamental problem with its elections.

“It’s just incompetence,” Murray said. “They don’t know what they’re doing.”

Perhaps unrelated, Windham’s Board of Selectmen is meeting Wednesday evening in a non-public session. The board’s meeting notice cites RSA 91-A:3 II (a) as the legal justification for the non-public meeting. That section of the state’s Right to Know law allows public bodies to meet behind closed doors to discuss “the dismissal, promotion, or compensation of any public employee or the disciplining of such employee, or the investigation of any charges against him or her.”

Windham is no stranger to election issues. Unusual results in the 2020 election fed into national election conspiracies, and the state issued multiple warnings, including a rebuke for sloppy practices in the 2022 state primary.

When Windham became part of former President Donald Trump’s false claims about the 2020 election being stolen, an expansive and controversial audit of the Windham ballots found human error to blame. The 2020 audit report stated several hundred absentee ballots had been machine-folded as part of the mailing process. “That folding machine, leased by the town for other purposes, did not fold ballots along the score lines between vote targets, where the ballots were designed to be folded,” according to the audit. “Instead, it often folded ballots through vote targets in the state representative contest, which the scanners interpreted as vote attempts a substantial fraction of the time.”

Windham got in trouble again after the 2022 September state-wide primary when numerous errors by election day officials and corner-cutting on standard election procedure meant the primary election totals could not be reconciled on the night of the election, according to a letter from the New Hampshire Attorney General’s Office.

And in January, Windham was required to conduct the First in the Nation presidential primary in the town under the watchful eye of two outside observers, per instructions from the New Hampshire Attorney General’s Office and the Secretary of State’s Office.

“It was the second time we had to have an observer for our elections,” Murray sighed. “We’re on our way to a third.”

The Democratic political consultant behind the robocalls featuring the AI-generated voice of President Joe Biden during the First in the Nation presidential primary campaign got hit with a federal lawsuit Thursday. It was brought by New Hampshire’s League of Women Voters.

“These deceptive robocalls attempted to cause widespread confusion among New Hampshire voters,” said Liz Tentarelli, president of the League of Women Voters of New Hampshire. “As a nonpartisan organization, the League of Women Voters works to ensure that all voters, regardless of their party affiliation, have the most accurate election information to make their voices heard. We will continue to advocate for New Hampshire voters and fight against malicious schemes to suppress the vote.” 

The lawsuit names as defendants Steve Kramer, a consultant working for former Democratic presidential candidate Rep. Dean Phillips (D-Minn.), as well as the two Texas companies he used to push out the call, Life Corporation and Lingo Telecom.

Kramer’s fake Biden called thousands of New Hampshire voters two days before the primary, telling them to stay home and “save your vote” for November. The stunt amounted to illegal voter suppression, according to Courtney Hostetler, Senior Counsel at Free Speech For People, which serves as co-lead counsel for the plaintiffs.

“Fraudulently made robocalls have the potential to devastate voter turnout by flooding thousands of voters with intimidating, threatening, or coercive messages in a matter of hours,” Hostetler said. “No one should abuse technology to make lawful voters think that they should not, or cannot safely, vote in the primaries or in any election. It is an honor to represent the League of Women Voters and the other plaintiffs in this important case to protect the right to vote.”

Kramer has a history of engaging in questionable campaign activity, including past robocalls using an AI-generated voice, according to the lawsuit. Kramer pulled off a robocall poll in South Carolina using the computer-generated voice of Republican Sen. Lindsay Graham, the lawsuit states.

The lawsuit states, “Kramer has since claimed that the deepfake robocalls achieved a response rate four times higher than robocalls using a generic automated voice because Sen. Graham’s voice was familiar to South Carolina voters.”

Kramer was sued in 2021 by a candidate for New York City mayor for allegedly faking the signatures he was hired to collect on behalf of the candidate. Kramer was paid $80,000 for the signature drive, according to the lawsuit.

The Phillips campaign paid Kramer’s firm, Get Out The Vote, more than $250,000 to produce robocalls. When Kramer was linked to the calls, the Phillips campaign publicly distanced itself from him.

According to the lawsuit, while with the Phillips campaign, Kramer’s penchant for robocalls was being encouraged.

“Kramer began receiving requests from unspecified consultants, corporations, political action committees (‘PACs’), and Super PACs requesting that Kramer use AI-generated robocalls in connection with unspecified campaigns,” the lawsuit states.

In the fall of 2023, Kramer met with a transient magician, Paul Carpenter, who also did web design and digital marketing. According to the lawsuit, Kramer paid Carpenter $150 to produce the AI-Biden recording.

Kramer then used Life Corporation and Lingo to send thousands of calls to New Hampshire voters. Kramer spoofed the calls so that they would appear to people as coming from the phone of Kathy Sullivan, former chair of the New Hampshire Democratic Party. 

Kramer would later release a statement claiming he engaged in the robocall stunt in order to “raise awareness” about the dangers of AI technology. But, the lawsuit notes he hid payments to Carpenter using a Venmo account associated with his father. 

He also reportedly instructed Carpenter to delete emails connected to the calls. When New Hampshire Attorney General John Formella promised to prosecute those behind them, Kramer told Carpenter to keep quiet, according to the lawsuit.

“On Monday, January 22, 2024, following an NBC News report on the New Hampshire robocalls, Kramer texted Carpenter a link to the story and the message, ‘Shhhhhhh.’ Carpenter responded, ‘Gtfooh’ an acronym for ‘Get the f*** out of here.’ Carpenter subsequently spoke with Kramer over the telephone.

“On the call, Kramer admitted to Carpenter that he had spoofed the New Hampshire robocalls or deliberately falsified the information transmitted via caller ID display to disguise their identity. Kramer also directed Carpenter to delete his emails concerning the robocalls, the lawsuit states.”

The New Hampshire Attorney General’s Office issued a cease and desist order to Nashua Mayor Jim Donchess and three fellow Democrats on the city’s board of aldermen over their use of public property to promote their side of a 2021 political debate.

The issue was Proposition 2, which would make substantial changes to the way the city’s police commission is composed.

The government property used was the city’s PEG, or public access TV channels and equipment, which the Attorney General’s Office ruled Donchess and the aldermen used to campaign for their political views.

“Following an investigation, this Office determined that each of your messages constituted electioneering because your messages were specifically designed to influence the votes of voters on Ballot Question 2,” Assistant Attorney General Brendan O’Donnell wrote in the order dated Jan. 11. 

“The Mayor of Nashua and its alderman… remain subject to the prohibition against using government property or equipment to electioneer. Accordingly, this Office orders each of you to cease and desist from using city property, including but not limited to the City’s PEG channels and cable television equipment, to electioneer.”

O’Donnell’s order is directed at Donchess and Aldermen Ben Clemmons, Michael O’Brien, and Lori Wilshire. But Donchess told NHJournal he and his fellow Democrats had every right to take to the airwaves.

“I think (the letter) ignores First Amendment issues,” Donchess said.

Laura Colquhoun, the Nashua resident who filed the complaint, said Donchess and the others clearly broke the law.

“Please understand that political people should not be using public TV stations to sell their message to residents. If it was a debate with both parties showing up, that would not be a problem. However, when you only have one side going on the TV station, that is electioneering, and that is against the law,” Colquhoun told NHJournal.

In 2021, Nashua voters were set to vote on Proposition 2, which would make substantial changes to the way the city’s police commission is composed. Nashua is one of a handful of New Hampshire municipalities where an independent commission oversees the police department.

Nashua is unique in that the three civilian members of its commission are appointed by the Governor’s Office and confirmed by the Executive Council, not by local representatives like the mayor or board of aldermen. Donchess backed Proposition 2 to take back local control of commission appointments.

Under Proposition 2, the commission would be expanded to five members, with three appointed by the mayor, and two appointed by the board. All of the appointments would require board confirmation.

Donchess used Nashua’s local cable access station to make his case for the changes, recording a 15-minute presentation that aired 25 times before the municipal election. Clemmons, Wilshire, and O’Brien recorded their own separate presentation opposing Proposition 2.

“We never intended to do anything wrong,” O’Brien told the news site InDepth NH.

Proposition 2 ended up losing at the ballot box. Colquhoun later used the presentations for her complaint. O’Donnell’s cease and desist letter acknowledges that state law includes an exemption for public officials appearing in a news or information program. It states that while the separate presentations produced and aired by the politicians were a violation, if Donchess and the aldermen participated in a debate about Proposition 2 and had that broadcast on the station, they would not be violating the law.

O’Donnell’s cease and desist letter makes no sense, Donchess said. Both he and the three aldermen have an absolute free speech right to speak on political issues of concern to Nashua citizens.

“Both I and members of the Board of Aldermen were attempting to inform the voters about what the issues were pertaining to the ballot questions,” Donchess said.

Why two separate, competing presentations are against the law, but a debate on a particular issue is OK also makes no sense, Donchess said. It would still see elected officials making their arguments for an election issue on public cable. 

“I do not see a distinction between (a debate) and the two presentations on the police commission,” Donchess said. 

New Hampshire Attorney General John Formella is investigating an AI-generated robocall that appears to feature President Joe Biden telling Democrats to skip the First in the Nation presidential primary.

Formella’s office says the calls “appear to be an unlawful attempt to disrupt the New Hampshire Presidential Primary Election and to suppress New Hampshire voters.” Gov. Chris Sununu called the messages “voter impression and illegal,” and he said he’s spoken to Formella about prosecuting the responsible parties “to the fullest extent of the law.”

But who is behind the calls? The message doesn’t include a disclaimer. And what is their motive? Are they trying to keep Democrat-leaning unaffiliated voters from voting for Nikki Haley in the Republican primary? Or is the goal to keep registered Democrats at home rather than voting in their own party’s primary, where Biden needs write-in votes to prevent an embarrassing outcome?

“This coming Tuesday is the New Hampshire presidential preference primary. Republicans have been trying to push non-partisan and Democratic voters to participate in their primary. What a bunch of malarky,” the fake Biden voice voice says. “We know the value of voting Democratic when our votes count. It’s important that you save your vote for the November election.”

White House spokesperson Karine Jean-Pierre confirmed Monday that the voice on the call is not President Joe Biden.

The robocall spoofed the cell phone number associated with former New Hampshire Democratic Chair Kathy Sullivan, who is leading the “Write In Biden” campaign. (Biden refused to allow his name to appear on the New Hampshire ballot after failing to force Granite State Democrats to give up their “First in the Nation” status.)

Sullivan would not respond to requests for comment from NHJournal, but she told NBC News, “It’s obviously somebody who wants to hurt Joe Biden.”

Discouraging unaffiliated voters who lean Democrat from participating in the GOP primary might hurt Nikki Haley and help Donald Trump. But how would it hurt Biden? Targeting registered Democrats would have no impact on the GOP primary at all since they cannot vote in the Republican contest.

Depending on who is targeted, notes veteran GOP strategist Dave Carney, it’s just as likely that phone calls trying to keep Democrats from voting on Tuesday would help Biden.

“It’s impossible to know who did it — it could be some hacker in his basement. But if you ask who benefits, it’s Joe Biden,” Carney said.

Efforts to rescue Biden from his decision to skip the First in the Nation primary could suffer a setback if enough fed-up Democrats follow the example of North Country progressive Theodore Bosen. He received the fake call, and he tells NHJournal he plans to vote in his party’s primary for U.S. Rep. Dean Phillips (D-Minn.)

“Half the reason I’m voting for Phillips is how pissed off I am over what the DNC and Biden have done to the First in the Nation primary,” Bosen said. “It’s terrible for the whole process –we are the best state, historically, to vet the candidates, particularly Democrats.”

Bosen also said he is motivated by his opposition to Biden’s support for Israel in its ongoing war against Hamas inside Gaza. “What’s going on in Gaza with our money and our support is a war crime,” Bosen said. “And there isn’t a viable candidate who is even talking about it.”

If anger with Biden over the First in the Nation primary state or his Israel policy drives Democrats to the polls, the write-in effort has to match those numbers to keep Biden from being embarrassed in his party’s primary. The write-in effort isn’t organic; it’s organized. So the fewer Democrats that show up, the larger a percentage of the total the write-in will be.

The latest University of New Hampshire Survey shows the percentage of Democrats who say they plan to write in Biden has been slipping and now is down to the low 60s.

“Low turnout makes their write-in votes a bigger slice of the pie,” Carney said. 

But Democrats like Sullivan and U.S. Sen. Maggie Hassan insist Biden was the target.

“I urge Granite Staters to make sure their friends and neighbors know the truth and turn out in even bigger numbers to write in President Biden’s name,” Hassan said in a statement.

Bosen agrees.

“I thought it was Trump, in part because [the fake Biden] talks about Democrats and independents taking part in the Republican primary,” Bosen said. “Only Trump thinks Democrats can vote in the Republican primary. He’s said it about five times in the last week.”

Bosen thinks the call has less to do with Biden than former Ambassador Nikki Haley. Haley’s push to take on Trump in the GOP primary is going to need all the undeclared voters it can get. The call is probably a Trump trick designed to keep those undeclared voters from helping her win, Bosen said.

“We all know independents are her only shot,” Bosen said. 

If the call did come from a Biden ally, Bosen believes, it’s because the campaign sees numbers that are not so good for the incumbent president, and they’re feeling pressure from rising support for Phillips.

“It’s a schizophrenic strategy,” Bosen said. “Biden’s biggest blunder was for him to condone the write-in. (He) is screwed if Phillips does well.”

State Rep. Steve Shurtleff (D-Penacook), former Speaker of the House, is also backing Phillips.

“Dean Philips has the educational and business experience to be an outstanding president. As President Kennedy said at his inauguration, “Let the word go forth to friend and foe alike; the torch has been passed to a new generation …”

“As a senior citizen, I say it’s time for us to pass the torch. Pass it to the congressman from Minnesota, Dean Phillips.”

Formella’s office confirmed to NHJournal that it is investigating the almost certainly illegal calls. However, the Attorney General’s Office has spent more than a year investigating tens of thousands of dollars of illegal mail sent by Massachusetts Democrats to interfere with the 2022 GOP primary in the Second Congressional District. Formella and his office have taken no action or filed any charges.

House Speaker Sherman Packard said he did nothing wrong in his handling of the case of Troy Merner, the former state House member charged with illegal voting and lying about his residency. And, he told reporters Wednesday, he is done talking about the topic.

Packard (R-Londonderry) met with a small group of reporters to clear the air, set the record straight, and end the discussion about what he did and did not do when he first learned Merner did not live in his Lancaster district.

“We had to let the process play out since it was under investigation by the (New Hampshire Department of Justice,)” Packard said. “I never talked to Troy Merner the whole time about his residency.”

Saying it would be the last time he planned to talk about Merner, Packard often sounded defensive during the meeting with NHPR, the Union Leader, and NHJournal, saying he could not have taken action when his office learned last December that Merner’s residency was under investigation by the New Hampshire Attorney General’s Office.

“Do what? What would you have me do? Get in the middle of an investigation? That could be criminal. Which is what it turned out to be,” Packard said. “If I had gotten involved in it and screwed up the investigation, you guys would probably be jumping all over me for ‘Why did you get involved’… I lose no matter what the hell I do.”

The New Hampshire Attorney General’s Office charged Merner, 63, last month on counts of wrongful voting, theft by deception, and unsworn falsification following its investigation. Merner is scheduled to be arraigned on Thursday, Dec. 28 in Coos County Superior Court. 

Packard’s meeting on Wednesday was an attempt to put an end to the critical news stories that dogged his office since the news broke.

“We tried to put this to bed, and every time we try and put it to bed, somebody puts a report out or something of that nature and blows the whole thing up again,” Packard said.

Packard blamed the media and partisan politics for giving life to the controversy and not anything he did or did not do.

“Would this [interest in the Merner story] have happened if we or the other party had a 50-vote majority? Probably not. Let’s be realistic; there’s a lot of politics involved in this right now,” Packard said.

According to documents so far released in the case, the Attorney General’s Office emailed Terry Pfaff — Chief Operating Officer of the New Hampshire legislature — on Dec. 6, 2022, one day before the House Organization Day. The email alerted House authorities to questions about Merner’s living situation and the ongoing investigation. A Packard staffer contacted Merner soon after receiving that email, and Merner denied he was no longer a Lancaster resident.

At that point, according to Packard, he decided to wait for the attorney general.

“We didn’t jump into any type of investigation; we took the man at his word. We had no reason not to, regardless of what the investigation said, because it wasn’t finished,” Packard said. 

Merner, a member of the Lancaster select board, allegedly moved out of Lancaster before he was elected to the House last November. According to court records, Merner considered his Lancaster office, post office box, and intent to eventually move back enough to establish his residency in the district despite the fact he was actually living in Carroll with his wife.

Deputy Speaker Rep. Steve Smith (R-Charlestown) played wingman to Packard at Wednesday’s press conference, explaining that no one made a formal complaint for Packard to act on and brought proof that Merner was not a Lancaster resident to the speaker.

“Anybody could have brought a complaint, and nobody did,” Smith said.

Without a complaint, Smith said that Packard could not act, adding that the Speaker’s Office does not generally investigate alleged misdeeds, nor does it conduct surveillance on members.

“The Speaker’s Office has a chief of staff, a deputy chief of staff, and … a communications director. We’re not going to deploy them to stake people out,” Smith said. “We don’t have staff or resources for that based on a rumor.”

Merner finally resigned from the House in September aw the attorney general’s investigation neared conclusion. At that point, the Department of Justice provided Packard with proof Merner was not a Lancaster resident. Packard followed up on that information by pushing Merner to step down.

“Once proof was given to us by the DOJ, we acted immediately,” Packard said.

Even if Packard got involved, past House precedent showed nothing would have happened, Packard and Smith argued. They pointed to a similar controversy from 1990, when it was learned Democratic Rep. Cynthia McGovern did not live in her Portsmouth district but instead lived in Hampton. 

Then-Speaker Steve Shurtleff (D-Penacook) appointed a committee to investigate McGovern’s residency, which took years to bring a resolution ousting McGovern to the floor. Despite it being a clear case of a representative living outside their district, the House voted down a 1992 resolution to boot McGovern from her seat.

“If we did investigate, what would have happened? It would have been really hard to find any conclusion other than the 1992 committee report that saw something just like this,” Smith said.

Is Packard worried about accusations from Democrats that he mishandled the Merner situation or the impact of this incident on his speakership going forward?

“I’ve been in politics a long time. I can’t control what everybody thinks,” Packard said.

New Hampshire Attorney General John Formella is making good on his promise to target hate groups, announcing a new civil complaint against a notorious gang of New England Neo-Nazis.

The move comes as the state is also considering hate crimes charges against the three people who conducted an antisemitic, pro-Palestinian attack on an Israeli-owned business in Merrimack.

Christopher Hood, founder of NSC-131, and 19 NSC-131 members are accused of violating New Hampshire’s anti-discrimination law for allegedly trying to stop a drag queen story hour event at Concord’s Teatotaller Cafe this summer.

The identity of the other 19 men is not known. They are listed as John Does in the complaint.

Assistant Attorney General Sean Locke heads up the Attorney General’s Civil Rights Unit and said Wednesday that NSC-131’s actions at Teatotaller crossed the line from protest to discriminatory harassment.

“This isn’t a protest where a person, or a couple of people, are standing out on a sidewalk with a sign saying, ‘I don’t agree with what’s going on here,’” Locke said.

According to the complaint, “Hood and the other men stood outside the café and, for over an hour, faced into the café shouting homophobic slurs and phrases, loudly chanting and saluting in a fashion reminiscent of Nazi Germany. The complaint alleges that the men, led by Hood, banged on the café’s glass windows, and made intimidating gestures and comments directed at the performer and those in the café.”

Hood and his NSC-131 followers posted videos and photos of the incident on the group’s social media. Hood and his gang are behind dozens of sometimes violent demonstrations targeting racial minorities and members of the LGBTQ community throughout New England.

Despite the intimidating actions, NSC-131 did not stop the drag event at Teatotaller, according to drag performer Juicy Garland. Garland posted on social media soon after the event, saying the show continued.

“The cafe (and community) there is FANTASTIC, and racist outsiders came in to make it miserable,” Garland wrote on Twitter. “We prevailed and had a great time with the families anyway.”

Amid a surge of antisemitic words and actions in the wake of the Hamas attack on Israel, Formella announced plans last month to step up enforcement against hate groups in the state, adding another attorney and additional staff to the Civil Rights Unit.

According to Formella, the Civil Rights Unit has seen a 465 percent increase in complaints and referrals over the last five years, from 40 to 186. He attributed the rise to various factors, including the increased racial and ethnic diversity, an increase in divisive political rhetoric, and “a rise in tension and conflict around the world.”

Last month, three women were arrested at the Elbit Systems facility in Merrimack after vandalizing the building, breaking windows, and setting off smoke bombs. Members of Palestine Action USA — Calla Walsh, 19, Bridget Shergalis, 27, and Sophie Ross, 22 — were charged with criminal trespass, riot, and sabotage for the incident.

Locke said his unit is working with Merrimack Police and the Hillsborough County Attorney’s Office. More charges in the case are possible, including hate crime charges.

“Any and all charges that can be brought will be bought,” Locke said.

When Formella announced the increase in resources in the Civil Rights Unit, which was made at Temple Beth Abraham in Nashua, NHJournal asked if the state’s hate crimes laws gave his office the authority to prosecute Palestine Action USA for any role it may have had in the Elbit attack.

“The answer is yes,” Formella said. “Organizations and entities can be held responsible for the acts of their members.”

Palestine Action USA is being bankrolled by multi-millionaire Communist James “Fergie” Chambers.

At the University of New Hampshire, Locke’s team is in contact with the Durham campus police department as several antisemitic incidents are currently under investigation. However, one incident in which students and faculty called for Jewish genocide is not being investigated.

UNH granted the Pro-Palestinian group Answer Coalition permission to hold a rally on Nov. 9, the 85th anniversary of Kristallnacht, or Night of the Broken Glass.

Locke said the UNH Police Department has not asked for his assistance in that matter.

Locke is still trying to secure a win against NSC-131 for a July 2022 incident in which the group hung a banner with the message “Keep New England White” off a Route 1 overpass in Portsmouth. After the case was dismissed in court on free speech grounds, the Attorney General’s Office filed an appeal with the New Hampshire Supreme Court.

Locke said Wednesday he expects NSC-131 to raise the First Amendment in its defense, and he and his team are prepared to make their case.

“We expect the First Amendment is going to be an issue raised, and we certainly expect it to be raised,” Locke said.

Hood and his gang are facing a civil rights case in Massachusetts after the Bay State brought a case last week. The gang allegedly targeted LGBTQ events and immigrants.

Experts who monitor hate groups, like Kristopher Goldsmith’s Task Force Butler, said NSC-131 ought to be treated like a violent, terrorist gang by authorities. The group’s demonstrations feature assaults and escalating violent behavior, Goldsmith has said.

Hood, whose last address was in Newburyport, Mass., started NSC-131 after he was kicked out of the white supremacist group, Patriot Front. He also has reported ties to violent hate groups like The Base.

The Teatotaller case is first being filed with the New Hampshire Commission for Human Rights, and Locke said he is asking the commission to refer the complaint to the Superior Court for civil prosecution. He said he hopes the process will be done in the next 20 to 30 days.

“It was off the charts.”

Leila McDonough, the New Hampshire Lottery Commission auditor, described the volume of issues the state had with Andy Saborn’s Concord Casino.

McDonough made the comments during a Monday hearing over whether the former state senator can keep his casino owner’s license despite accusations of fraud, including using COVID relief money to buy sports cars. While Sanborn’s attorneys claimed Sanborn did nothing wrong, McDonough testified Sanborn never cared to follow the rules.

The Department of Safety showdown featured one witness for the state, McDonough, the woman who for years was tasked with trying to get Sanborn to follow state regulations.

McDonough’s testimony painted the picture of Sanborn as entitled and stubborn, a casino operator whose refusal to follow basic accounting procedures created a huge mess — or worse, led to massive fraud.

For instance, when a casino owner claims to have hundreds of thousands in cash, but he won’t let the state auditor in charge of casino financial reports count the money, you have a problem, she said.

“How can you conduct an audit that includes cash when you’re not allowed to count the cash?” McDonough asked. “Eventually, you have to assume the cash doesn’t exist since you’re not allowed to see it or count it.”

She said Sanborn was difficult to deal with since he opened his casino in 2018. Both Sanborn and his wife, state Rep. Laurie Sanborn, would call the commission to complain about audits and regulations they had to follow, McDonough said. The Concord Casino’s record-keeping was sloppy at best, she added, and Sanborn never appeared to take the legal requirement from the commission seriously. 

McDonough is the Lottery Commission auditor who spotted enough red flags to go to the commission’s enforcement officials. who then brought in New Hampshire Attorney General John Formella. Formella has said a criminal probe by his office is also underway.

At one point, McDonough said, she found a statement of cash flows for July 2021 through to July 2020.

“This is actually the document that made me very concerned,” McDonough said.

That document showed Sanborn’s casino ran a $29,000 operating loss in that year and had no cash. This was at the time Sanborn claimed to have $200,000 in cash in secure locations McDonough was not allowed to see.

The statement also showed a large amount of cash invested in large equipment that had little to do with the business, like two Porsches and a Ferrari. The Ferarri was reportedly a gift for Laurie Sanborn. 

Sanborn still managed to report $23,000 in cash for owner’s equity, McDonough testified. According to the records, Sanborn reported taking $5,700 in cash out of a bank and putting that into the equity cash amount.

“I’ve never seen this done with any other entity,” she said. “That was very odd.”

The financial statement McDonough revised seemed to show the whole operation was being funded with $844,000 in COVID relief loan money. The records also repeatedly showed large ticket purchases like the sports cars and tens of thousands in car parts charged business expenses.

McDonough reportedly uncovered Sanborn was also paying himself rent for the casino. The casino is owned through Sanborn’s LLC called Win, Win, Win LLC, but the Main Street property in Concord, where the casino is housed, is owned by another Sanborn LLC, The Best Revenge LLC.

The lease agreement between Best Revenge and Win, Win, Win has the casino pay the property $6,000 a year in rent, paid at $500 a month. According to the audit, Sanborn wired $163,500 from Win, Win, Win to Best Revenge between January and August 2022 to cover the rent. 

That was more than $20,000 a month for the $500 a month rent.

McDonough said the records had a lot of large, round numbers for expenses that lacked detail and supporting documentation.

Sanborn was not at the hearing. One of his attorneys,  Zachary Hafer, said Sanborn is in Boston receiving medical treatment. His legal team includes attorney Mark Knights, who argued the state’s case simply does not stand up to scrutiny.

“It is an incomplete story that has yawning gaps in the evidence,” Knights said.