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Sanborn Gambles with Casino Hearing

Casino operator Andy Sanborn wants to take his chances in front of the state Lottery Commission, but his odds aren’t looking good.

The former GOP state senator has decided to publicly challenge charges that he stole COVID relief money and used the cash for sports carts and other luxuries.

Sanborn is set to appear before the New Hampshire Lottery Commission on Oct. 3 to appeal Executive Director Charlie McIntyre’s decision that he is too corrupt to own and operate a casino in the Granite State. Concord recently approved a second casino and a microbrewery, which were part of a planned Sanborn development.

But now the scandal-plagued Republican may lose his license to operate a gambling business altogether.

Sanborn is accused of misappropriating $844,000 in pandemic relief tax dollars while operating a casino at his Draft Sports Bar and Grill, which he owns along with his wife, state Rep. Laurie Sanborn (R-Bedford). The allegations against her business partner forced her to give up her position as chair of the state’s new commission reviewing practices in the charitable gaming industry.

McIntyre sent Sanborn a letter on Aug. 31 laying out the findings of the commission’s investigation. According to a statement released by Attorney General John Formella, Sanborn “fraudulently applied for and received at least one Economic Injury Disaster Loan (EIDL), with loan proceeds of $844,000. Further, investigators obtained evidence indicating that after receiving those taxpayer dollars, Mr. Sanborn used them to purchase at least three race cars: two Porsche 987 Cayman S racers for his personal use, and a Ferrari F430 challenge racer as a gift for his wife, Rep. Laurie Sanborn.”

Sanborn also allegedly used COVID money to make 27 years’ worth of prepaid rent payments on another business he owns.

The New Hampshire Attorney General’s Office and the U.S. Attorney’s Office are now looking into Sanborn’s practices. According to Formella’s statement, that includes “a review by the Public Integrity Unit of the actions of all of the individuals and entities involved.” That would presumably include Laurie Sanborn.

Andy Sanborn’s checkered political career includes a bribery investigation after he allegedly made a “crude joke” to a Senate intern in 2013. After the joke was made, the exact nature of which has never been revealed, the intern was given a full-time job in the Senate and an envelope with $200 in cash.

Five years later, an investigation by the Attorney General’s Office did not result in any charges, and Sanborn denied any wrongdoing.

“No one in the room was offended by the joke,” Sanborn said in 2018. “No complaint was filed. Case closed. If that’s news, so be it.”

Sanborn threatened a college student in 2014 via email after the student, one of Sanborn’s constituents, sent an email asking Sanborn to support marijuana legalization. A clearly irked Sanborn called the student “a college freshman who just wants to get high at any cost” and implied he would get the student’s scholarship revoked.

“I’m thinking if I call the [organization you received a scholarship from] and ask their opinion on legalization, they may have a different opinion (not to mention may be asking you for their scholarship money back…).” Sanborn wrote.

Sanborn made a failed bid for Congress in 2018 after serving in the state Senate for eight years. 

Few Answers in Stabbing Death of NHGOP Activist

Authorities are offering few details about what happened last weekend when GOP lawyer Alex Talcott was stabbed in the neck and killed, a story that has rocked his fellow Republicans across the state.

Police found Talcott, 41, dead inside his Bennett Road home in Durham during the early morning hours Saturday after being called there, according to statements released by the New Hampshire Attorney General’s Office. The official autopsy confirmed on Sunday that Talcott’s death was a homicide.

No one has been taken into custody since Attorney General John Formella’s Sunday statement, though investigators seem to know who killed Talcott. And whoever the killer might be, it is possible they may not face charges in the killing.

“The parties involved in the incident have been identified, and based on the information known to investigators, there is no danger to the public. The investigation into Talcott’s death is ongoing and includes whether the person who stabbed Talcott acted in self-defense.”

Under New Hampshire law, a person may claim self-defense when faced with an aggressor who reasonably poses a deadly threat to that person or a third party. If self-defense is deemed justified, criminal charges are not filed.

Matt Mowers, who’s been both a GOP consultant and candidate, knew Talcott well, and he told NHJournal the news “left us all shocked.” Mowers took to social media after the news broke:

“Incredibly sad news. Alex and I were just talking the other day. He was the kind of friend who was there for you in the tough times as well as the good times.”

Talcott lived at the home with his wife, Kristin Talcott, and their three young children. Kristin Talcott did not respond to a message left by NHJournal.

Kristin and Alex Talcott both graduated from Dartmouth College. Alex Talcott entered corporate law and was CEO of New Constellation Capital Residential Real Estate and Venture Capital Investing. He also worked as an adjunct business law and finance instructor at the University of New Hampshire Peter T. Paul College of Business and Economics for many years.

A long-time GOP activist, Alex Talcott briefly ran for state representative in Carroll County in 2022 though his name did not appear on the ballot. He was remembered fondly by many in the state party, including former House Speaker William O’Brien, state director of the New Hampshire chapter of the Republican National Lawyers Association.

O’Brien told NBC 10 Boston that Talcott was a skilled lawyer and advocate.

“Within the RNLA, his leadership was unwavering in promoting our shared values, ensuring every member felt empowered and well-prepared,” O’Brien said. “We will forever honor Alex’s selfless dedication and profound contributions to our shared vision of liberty through legal processes.”

Talcott was also one of the regulars on the GOP’s Election Day legal response team.

Chris Ager, chairman of the New Hampshire Republican State Committee and Alex Talcott’s friend, told WMUR that Talcott was always ready to pitch in on behalf of the party.

“He came to me many times just asking, ‘Hey Chris, how can I help?’ Never asking for anything in return. He was that kind of person. We’re really going to miss him a lot,” Ager said.

Alex Talcott won accolades from his UNH students on Rate My Professor, who considered his class easy.

“Easy A! two exams. don’t have to go to lectures even though you should cus their [sic] interesting and he gives very good advice! You know he is a smart guy and super personable. Take any of his classes!” one student wrote.

Kristin Talcott built a career as a clinical social worker and therapist. She taught graduate-level social work classes at Simmons College and built her own practice specializing in anxiety, depression, and helping people with trauma. The couple have two daughters and a son. 

The investigation into Alex Talcott’s death is active. Formella’s office has not said when the investigation’s results will be released.

 

EDITOR’S NOTE: The story has been updated to add more context to Talcott’s brief bid for state representative in 2022.

Strafford County Sheriff Brave On Paid Leave As Fraud Case Moves Forward

Disgraced Strafford County Democrat Sheriff Mark Brave, facing a 24-hour deadline from the county commission, announced Monday night he would step down from his post and accept paid leave while his criminal case moves forward.

The county’s three-member commission voted earlier Monday to give Brave until noon Tuesday to go on paid administrative leave or face an expulsion vote by members of the county delegation of elected representatives.

Monday night, he caved.

“As I continue to ensure that you all are informed of processes, I wanted to let you know I have made the difficult decision to take administrative leave while the investigation, due diligence, and the legal process continues,” Brave said in a statement. “While I maintain that I am innocent, and none of my spending of [sic] out of state line items was due to deceive the county or the people of Strafford County, I do want to make sure that the wonderful team at SCSO is able to function without added stressors to their already difficult positions.”

Brave added, “This is a personal fight that should not impact the office.”

Chair George Maglaras said during Monday morning’s hearing it was the third time the commission had asked Brave to place himself on leave since they became aware of the criminal investigation.

Brave was arrested last week on eight felony charges stemming from the New Hampshire Attorney General’s Public Integrity Unit investigation into his alleged misuse of a county credit card. Brave is charged with theft, falsifying evidence, and five counts of perjury for allegedly lying to a grand jury.

Brave is free on personal recognizance bail. However, the bail conditions make it all but impossible for him to do his job, Maglaras said. Brave cannot have contact with several members of his staff, nor can he contact members of the county administration staff. He is also prohibited from possessing a gun. All of the people he is prohibited from talking with are considered witnesses in the upcoming criminal case.

“In the opinion of the commission, it is impossible for Sheriff Brave to exercise his constitutional role to run that office when he can’t have contact with his staff. It’s as simple as that,” Maglaras said.

County delegation chair Rep. Peter Schmidt (D-Dover) said Monday morning he had hoped Brave would take the commission’s offer and goes on paid leave. If he hadn’t, Schmidt said, he was prepared to act.

“We are obviously looking at the necessary preparations for the proceeding if it goes that way,” Schmidt said.

While on leave, Brave will continue to receive his salary. Last year, his base salary was a little more than $72,000. Brave also earned about $10,000 in overtime pay. While on leave, he’s still under the court ordered rules of his release. For example, Brave could be jailed if he does contact his staff and other county staffers named in the bail order.

While Brave is an elected official and answerable to voters, he is also bound by some of the same rules as county employees, Maglaras said. Both Schmidt and Maglaras maintain Brave is not being treated any differently from other county officials in being asked to take paid leave during an open criminal case.

“We didn’t change anything for Sheriff Brave,” Maglaras said.

Brave could be jailed for breaking a court order if he does contact his staff and other county staffers named in the bail order.

Brave allegedly conducted multiple affairs using his county credit card to pay for his trysts.

Since Brave’s arrest last week, Bower has made sure his county credit card is canceled. However, Bower said Monday there is a new suspicious charge to the card that is being investigated.

Brave wrote a $600 check to cover his golf foursome for the county’s Make a Wish fund, which helps pay for final requests for nursing home residents in their last days. 

“That check bounced,” Maglaras said.

Brave’s unraveling began in April when County Administrator Ray Bower discovered unusual charges on Brave’s county-issued credit card. Bower had a meeting with Brave and asked about the charges for a trip to Fort Lauderdale, including first-class airfare and a single hotel room with one king-sized bed.

Brave allegedly lied to Bower, claiming he went to Florida with a male deputy for a conference. Braved joked about the sleeping arrangements, but the single bed stuck in Bower’s mind.

“I had the feeling that something just wasn’t right,” Bower said.

Bower and county finance staff dug deeper and found that instead of a male deputy, the married Brave went to Florida with a female employee, Freezenia Veras. Bower contacted County Attorney Tom Velardi, who then contacted the Attorney General’s Office.

Months before the Fort Lauderdale trip, Brave created a new position in his department, chief of support services, for Veras and was paying her more in salary than his sworn-in and certified deputies. There was reportedly no formal job description for the chief of support services, and Brave had Veras handling his expense receipts, including the paperwork for the trip to Fort Lauderdale.

Brave allegedly lied to grand jurors that he slept in the hotel while Veras stayed with friends. Veras, unbeknownst to Brave, contradicted that story in her grand jury testimony and admitted they shared the room, according to records released in the case.

Brave is scheduled for arraignment on the charges in Rockingham Superior Court next month.

Sheriff Brave Burning Through Budget as New Investigation Looms

Embattled Strafford County Sheriff Mark Brave, who is already the subject of a criminal investigation for alleged theft and abuse of office, could face another investigation into his tenure.

Brave denies any wrongdoing related to the New Hampshire Attorney General’s criminal investigation, which began last month. It is the second investigation into Brave’s conduct as sheriff this year after the Strafford County Commission hired an outside firm for an inquiry in January.

Now a well-placed source tells NHJournal that members of Strafford County’s State House delegation are considering getting involved. There is an effort to organize a delegation meeting to discuss and possibly vote to begin its own investigation.

“(They are) in the process of organizing a request for a delegation meeting to discuss opening a statutorily authorized investigation into any potential misdoings by elected or employed county officials,” the source said.

Under New Hampshire law, county delegations made up of state lawmakers have the authority to investigate the conduct of county officials. Under the provisions of RSA 24:17, the delegation can create an investigative committee that can summon witnesses and have them testify under oath.

Even without the headache of multiple investigations, Brave’s leadership as Strafford County Sheriff is running into difficulties. According to his department’s most recent budget report, Brave spent nearly 60 percent of his total $3.3 million annual budget in the first six months of the fiscal year. Brave has spent close to $2 million of his total in the first six months.

That included $244,000 for overtime pay, or 94 percent of the budget, in the first half of the year alone. The department is budgeted for $260,000 annually, leaving Brave with about $15,000 for the next six months. 

Brave has also spent 84 percent, or $388,000, of his budgeted $475,000 for retirement and $1,300 of $2,000 for unemployment, using 67 percent of the budget. Those expenses point to trouble keeping staff on the job.

In recent weeks, Brave made the criminal investigation public by telling reporters it is part of an escalation on the part of Commissioners George Maglaras, Robert Watson, and Deanna Rollo. Brave accused the trio of bullying him for political reasons. Brave even accused Maglaras of calling him a “token.”

Brave is reportedly under investigation by the Attorney General’s Public Integrity Unit for taking a female employee who is not his wife on a trip to Florida using taxpayer funds. Brave denied the accusation.

“They say I am abusing the travel budget, also not true,” Brave told the Foster’s Daily Democrat. “I have $18,000 a year for travel in the budget, and I have been using it to travel to other states where the sheriff’s departments are more progressive than here, to learn how to better involve us in the community.”

Commissioners hired Municipal Resources Inc. in January, a few weeks after Brave’s wife, Jamie Brave, was arrested for DUI in Portsmouth in December. The MRI report has not been made public, though Brave has used it to attack the commissioners, saying it was evidence his fellow Democrats were out to get him.

The commissioners pushed back in recent days, accusing Brave of leaking confidential information from the MRI in an effort to mislead the public.

“We are disheartened that Sheriff Brave would choose to go on a publicity tour using parts of the MRI report to defend himself in the totally separate Attorney General criminal investigation,” the commissioners said in a letter.

AG Asked to Review Craig’s Handling of RTK Request in Harmony Montgomery Case

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.

Despite Criminal Investigation, Warmington Keeps Sheriff Brave on Campaign Team

Add gubernatorial candidate Cinde Warmington to the list of Granite State political candidates with ‘endorsement trouble’ in the 2024 election cycle.

The Democratic Executive Councilor has posted a list of endorsements from elected officials. Strafford County Sheriff Mark Brave is among them. He is currently the subject of a criminal investigation for allegedly abusing his office. The charge is just the latest scandal to dog the Democrat sheriff.

Cinde Warmington, who hopes to beat outgoing Manchester Mayor Joyce Craig in the Democratic gubernatorial primary, made a splash this month by announcing endorsements from more than 100 Democrats across the state. That included the shout-out she got from Brave.

Warmington did not respond to questions about Brave’s endorsement that appears on her website, and his name was still on the page late Thursday night.

According to a letter from New Hampshire Senior Assistant Attorney General Dan Jimenez, Brave is being investigated for theft, falsification in official matters, and abuse of office. Jimenez’s letter did not provide details about the allegations. 

Brave went public with the investigation this week, telling Foster’s Daily Democrat he was being accused of using public money to take a female employee who is not his wife to Florida. Brave also revealed the attorney general is looking at whether or not public money was used for the woman’s housing expenses.

Brave denied all of the accusations, dismissing them as politically motivated. He blamed Strafford County Commission members for targeting him, even though all three — Deanna Rollo, Bob Watson, and George Maglaras — are fellow Democrats.

None of the commissioners have publicly endorsed Warmington.

Endorsements are generating plenty of drama in New Hamshire politics this cycle. When Gov. Ron DeSantis’ presidential campaign listed the names of several Republican legislators who had previously endorsed former President Donald Trump, it set off a series of tit-for-tat reactions, including one state representative claiming she was endorsing both candidates.

On Tuesday, the Trump campaign released a list of town captains that included conspiracy theory proponent and anti-vaccination activist Terese Grinnell Bastarache. A day earlier, Bastarache was awaiting trial on charges of criminally disrupting an Executive Council meeting as part of an anti-Covid-vaccine protest.

The charges were dropped late Monday.

 

AG Investigating Election Law Violations Ahead of Town Meeting

Anonymous election mailers and unsigned political websites are becoming too common in New Hampshire as cities and towns prepare for their school and town meetings, and Attorney General John Formella is advising the public to be wary.

Formella’s office announced Tuesday it is dealing with five election law violations this week, days before the start of the town and school meeting season.

“As the elections are so close, the identities of these individuals may not be known prior to the elections. As a result, (Formella) reminds voters to do their own research on candidates and warrant articles before they vote,” the statement from Formella’s office stated. 

Town meeting season, the oldest form of democracy in the United States, traditionally starts the second Tuesday of March. Formella’s office cites five reported cases of election law violations designed to impact voters.

People are encouraged to engage in the elections through mailers, websites, and other forms of campaigning, but they need to follow the law. Political communications and political signs— “express advocacy” communications—are required to have information identifying the person or entity responsible for the advertising, known as “paid-for” disclaimers, under New Hampshire law, the Attorney General’s Office reminded the public.

“Political advertising, mailers, and signs are one of the treasured traditions of New Hampshire elections. They are also a physical expression of people’s First Amendment right of free speech. However, voters also have a right, under New Hampshire law, to know who is issuing political advertising in support or opposition to a candidate or a question on the ballot,” Formella’s statement read.

Two of the five complaints investigated this week resulted in the people responsible being identified.

In Thornton, unidentified flyers were sent directing voters to visit the website “stopthetax.info.” The website, also unidentified, told voters to vote “NO” on certain warrant articles at the March 9 school district meeting. 

The Attorney General’s Election Law Unit and Thornton Chief of Police Daniel Gilman tracked the flier and website to a group of approximately 20 Thornton residents, including David Rivers, who is responsible for the “stopthetax.info” website. Bob Hatch was identified as the person who is responsible for the flyers. Rivers was directed to correct the website to comply with the law.   

In Milford, anonymous “Community Help LLC” published the website “milfordvoterguide.com” which contains endorsements of candidates and warrant articles on the Milford ballot for the March 14 election. Jeff Horn was later identified as the person responsible, and he will be correcting the website and adding his name to future political material.

However, investigations into three more anonymous websites remain open. That includes Raymond’s “raymondrights.com” website; the “supportnewfields.com” site trying to influence the Newfields elections; and the anonymous mailers in Hollis telling people to vote “no” on the town’s warrant article 2. The Hollis fliers were mailed under a Tampa, Fla. postal permit. 

However, the biggest open case of election fraud is from the 2022 Republican primary in New Hampshire’s Second Congressional District. A Democratic-affiliated print shop shipped at least four different illegal mailers designed to influence the GOP primary. The printer, Reynolds DeWalt Corporation, refused to reveal who paid for the mailers, prompting Formella to open an investigation last September.

The mailers were part of a successful effort to get MAGA Republican Bob Burns the GOP nomination, who was handily defeated by Democrat Rep. Annie Kuster in November.

Asked about the status of the illegal mailer case, a spokesperson for the Attorney General’s Office said the investigation remains active and ongoing.

Former Merrimack Dem Charged in Election Phone Jamming Scheme

A Merrimack man and former Democratic candidate for state representative, Michael Drouin, is accused of jamming the cell phone of a GOP candidate during a special election last year.

Drouin, 30, was indicted this week by the grand jury convened in the Hillsborough Superior Court — South on one felony count of interference with election communications connected to the April 13, 2021, Hillsborough District 21 special election to replace House Speaker Dick Hinch (R-Merrimack).

Drouin allegedly took out a Craigslist classified ad offering a free trailer in the Nashua area and listed the cell phone number for Merrimack Republican Bill Boyd in the ad. Boyd eventually won the election to replace Hinch, who died from COVID-19, beating former Democratic Rep. Wendy Thomas with 2,531 votes to Thomas’ 2,144.

“That election day was chaotic,” said Rep. Joe Sweeney (R-Salem) who was with Boyd that day. “(Boyd) was getting dozens of calls asking about this free trailer.”

Boyd had already posted his personal cell phone number to Facebook on election day as part of an effort to get voters to the polls. Boyd was anticipating hearing from voters who needed a ride, and instead got call after call from people asking about the free trailer, Sweeney said.

Boyd declined to comment on the charges when reached Wednesday. Drouin did not respond to a request for comment.

On the day of the election, Sweeney filed a complaint with the New Hampshire Attorney General’s Office, which had the ad removed from Craigslist. Investigators zeroed in on Drouin as the ad’s creator, though he initially denied he was behind the free trailer stunt. When investigators told Drouin they had evidence linking him to the ad, Drouin then claimed he created the ad as a “poorly timed” joke. Sweeney said that excuse does not fly.

“Him trying to play it off as a badly timed joke seems insincere to me,” Sweeney said.

Drouin now faces up to three and a half years in prison if convicted, as well as the prospect of being barred from voting in New Hampshire. Drouin ran an unsuccessful campaign for state representative as a Democratic in 2018, though he has reportedly dropped that affiliation and is now labeled as an independent. He is currently an alternate member of the Merrimack Conservation Commission.

Sweeney said Election Day shenanigans like Drouin’s are unusual in New Hampshire. 

“I can’t think of a similar scenario where someone puts up a candidate’s phone number to mess with him on election day. I really don’t know what this guy was thinking,” Sweeney said.

The charges come at a problematic time for the New Hampshire Democratic Party, which has been plagued by charges of election interference and dirty tricks in the past few months.

During the run-up to this year’s midterms, for example,  Democrats were hit with a cease and desist order from the New Hampshire Attorney General’s Office over illegal mailers. Those mailers, paid for by the state Democratic Party, solicited absentee ballot requests be sent to a non-existent government agency. It also included false claims about voter histories, according to the order issued by Attorney General John Formella.

“In light of our conclusion that the NHDP has caused voter confusion given the incorrect return addresses to clerks on its mailers, the incorrect direction to non-existent ‘boards of election,’ and the incorrect voter domicile information, the NHDP is hereby ordered to cease and desist any and all activities which violate the law by causing voter confusion in the future,” Formella wrote.

And just last month, Fomella’s office said Democrat Steve Marchand lied about his role in a political scheme targeting his opponents in Portsmouth.

Marchand, a progressive Democrat who once served as Portsmouth mayor and sought his party’s nomination for governor, was issued a letter of warning to Marchand for his involvement in Preserve-Portsmouth.com and other websites that targeted sitting city council members in the last municipal election.

Marchand’s bogus website was built to mirror a legitimate site with a similar name, Preserve Portsmouth, and purported to support the same city council candidates the original site endorsed. But it falsely described them as far-right Trump supporters. According to documents obtained by the Attorney General’s Office, Marchand wanted to depress voter turnout among Republicans to benefit Democrats on the ballot.

Democrats are also accused of sending illegal mailers supporting MAGA Republican candidate Bob Burns in the Second Congressional District GOP primary.

The Reynolds DeWalt Corporation, a Democrat-aligned mail firm based in Massachusetts, sent the four mailers promoting Burns in the GOP primary, helping him defeat mainstream GOP candidate Mayor George Hansel of Keene. Burns, who won 33 percent of the vote, beat Hansel by fewer than 1,800 votes.

According to a complaint filed by the state GOP, the mailers were illegal because they “failed to identify in the mailers who sent them, including a failure to provide ‘paid for by’ disclaimers on multiple mass mailings.”

The Attorney General’s Office contacted Reynolds DeWalt about the mailers before the primary. It refused to tell the attorney general who paid for them. The company is represented by the law firm of Hillary Clinton’s former attorney Marc Elias, the attorney responsible for funding and disseminating the “Steele Dossier” that helped feed the claim of collusion between Russia and the Trump 2016 presidential campaign.

 

Longtime Dem Marchand Busted by AG for Bogus Campaign Website

The New Hampshire Attorney General’s Office said Democrat Steve Marchand lied about his role in a political scheme targeting his opponents in Portsmouth.

Marchand, a progressive Democrat who once served as Portsmouth mayor and sought his party’s nomination for governor, will not face criminal charges, the office said in a letter. Instead, it issued a letter of warning to Marchand for his involvement in Preserve-Portsmouth.com and other websites that targeted sitting city council members in the last municipal election.

“It’s pretty bad,” said Peter Whelan, one of the Portsmouth councilors targeted.

Whelan, Councilors Susan Paige Trace, Ester Kennedy, Greg Mahanna, Petra Huda, and Mayor Rick Becksted were all targeted by anonymous websites, fliers, and robotexts operated by Marchand, according to Myles Matteson with the New Hampshire Attorney General’s Office.

“It was shameful. There were robotexts sent by the thousands,” Whelan said.

Trace said the attorney general’s investigation revealed there was an effort to mislead the voters of Portsmouth.

“It’s about being transparent and behaving in an honorable manner,” Trace said.

All of the candidates targeted by Marchand were defeated. Current Portsmouth Mayor Deaglan McEachern declined to comment, as he had not seen Matteson’s letter.

“I didn’t have any interaction with the (Marchand) in my campaign,” McEachern said. “I have no idea what the former mayor was doing or not doing.”

Marchand did not respond to a request for comment. His attorney, Joseph Foster, is currently out of the country and unable to be reached.

Marchand’s bogus website was built to mirror a legitimate site with a similar name, Preserve Portsmouth, and purported to support the same city council candidates the original site endorsed. But it falsely described them as far-right Trump supporters. According to documents obtained by the Attorney General’s Office, Marchand wanted to depress voter turnout among Republicans in order to benefit Democrats on the ballot.

Marchand initially lied to investigator Anna Croteau when she questioned him about his part in the campaign, according to Mattson’s letter.

“When she first asked about Preserve-Portsmouth.com, you stated that you had heard of the website. You denied you had ever claimed responsibility for the website but noted that other people had been saying you were responsible for it,” Matteson wrote.

However, Croteau already had screenshots of a text conversation in which Marchand took credit for the content of the websites.

“To be very clear, I am the one to create the content,” Marchand wrote.

Matteson’s letter states the Attorney General’s Office has records of Marchand’s communications with at least four other people about the campaign, in which he stated the goal was to create guilt by association aimed at the targeted candidates, linking them to Trump in the mind of Portsmouth voters.

“(i)s really meant to help get Democrats who gave Becksted and others a vote in 2019 to really think about what they are doing in 2021,” Marchand wrote.

Whelan suspects the true purpose of the campaign was to get rid of council members who oppose development in the historic sections of the city. Marchand’s record as mayor includes changing zoning ordinances to make development easier, Whelan said. Whelan wants to know who Marchand was working with and for, and who funded the operation.

“Somebody spent a lot of money to do this,” Whelan said.

The attorney general’s report found that while Marchand would have violated campaign finance law by not disclosing who was behind the websites, fliers, and robotexts if it could be proved that he acted in concert with others. However, Marchand claimed, eventually, that while he acted alone in creating the content he did not set up the websites. Matteson noted the claim he acted alone was the last of many explanations Marchand offered to investigators.

New Hampshire law on campaign finance transparency allows a narrow exemption for individuals engaged in advocacy. Marchand was cautioned, however, that if he continues to engage in similar campaigns he could lose the exemption and face possible prosecution.

Last year, Portsmouth Democrat Committee Chair Shanika Amarakoon and New Hampshire Democratic Party Chair Ray Buckley issued a statement condemning Marchand’s campaign.

“We cannot let our local elections be undermined by national-style political tactics. The city councilors who were attacked, after all, are our neighbors. While we may not agree with all of their decisions, they did not deserve this attack, and we do not stand for it,” Amarakoon and Buckley wrote.

Newfields Prosecutor (Finally) Drops Case Against NHJournal Reporter

After 18 months, Newfields Police Prosecutor Michael DiCroce is finally giving up on the case against an NHJournal reporter who was charged with a crime while covering protests outside Gov. Chris Sununu’s house.

DiCroce said he was tired of losing.

“We’ve tried eight or nine of them before Judge (Polly) Hall and she’s found all of them not guilty,” DiCroce said. “I’m not going to waste my time prosecuting the one or two left.”

On December 28, 2020, Newfields police used a controversial new ordinance to ticket protesters gathered outside Sununu’s home. They also ticketed Chris Maidment, a NHJournal reporter at the time who was covering the protest. Maidment repeatedly informed authorities he was a reporter and his coverage of the protest appeared at NHJournal the next day. Still, DiCroce insisted on prosecuting the case and does not concede the police did anything wrong.

“Town officials knew he was a reporter. I spoke to the prosecutor myself,” said NHJournal Managing Editor Michael Graham. “We repeatedly requested they drop this case, and they repeatedly declined. The fact that they still won’t admit that arresting a reporter for doing his job is wrong — particularly when politics are at play — should concern every First Amendment supporter in New Hampshire.”

DiCroce declined to say why he persisted in prosecuting Maidment.

“That’s something you’ll have to ask State Police,” DiCroce said.

New Hampshire State Police were involved in the protests by providing security for Sununu. However, documents obtained by NHJournal through a Right to Know request show Newfields Police coordinated with State Police, sharing information on the anti-picketing ordinance, and coordinating the press release about the original arrests.

“It’s quite obvious this case was without legal merit and a blatant First Amendment violation,” said Maidment, who now works for the New Hampshire chapter of Americans for Prosperity.

Concord attorney Seth Hipple, who represented several people charged that night including Maidment, said the government had a losing hand from the start.

“The prosecution’s case was a dumpster fire,” Hipple said.

None of the arresting officers were able to individually identify any of the protesters who were charged, and they were unable to specify what actions the protestors took that violated the law.

“It seemed really clear to me throughout this case the focus of law enforcement was to shield (Sununu) from seeing anybody protesting in front of his residence,” Hipple said.

After Sununu began conducting government business from his home due to the COVID-19 pandemic, opponents of the governor’s COVID-19 policies shifted their protests to the cul-de-sac outside his home.  Sununu and his neighbors expressed their unhappiness with the crowds of sign-waving demonstrators, but the protestors were on public property.

In response, the town Board of Selectmen, including Sununu’s brother Michael, drafted an anti-picketing ordinance designed to discourage — if not prevent — the protests. Three members of the Sununu administration, including Department of Safety Commissioner Robert Quinn, testified on behalf of the protest ban at a December 8, 2020 select board meeting.

Hipple said the town used legal language that was constitutionally problematic in the ordinance. The way it was enforced and prosecuted by Newfields police was even more problematic.

“The fact they arrested a reporter and continued to prosecute a reporter who identified himself shows it has nothing to do with enforcing the law,” Hipple said. “It’s definitely true that the impetus for passing this ordinance was that they didn’t want to have protests where (Sununu) was conducting state business.

The language for the ordinance came directly from the Attorney General’s Office, according to emails obtained by NHJournal.

The process began with a November 24, 2020 email from Michael Sununu to Newfields Police Chief Nathan Liebenow regarding, “complaints I have received from several residents on Hemlock [Court] regarding the protests this past weekend,” and suggesting existing town ordinances “which we need to consider enforcing.”

Chief Liebenow the next day wrote Senior Assistant Attorney General Matthew Broadhead thanking him for “reaching out and offering your assistance on this matter.” The Attorney General’s Office usually responds to requests from local law enforcement rather than reaching out and offering assistance.

Chief Liebenow told Broadhead he had been “speaking with his Board in Newfields” about town ordinances that “are most relevant/applicable in our situation.”

On November 30, 2020, Broadhead responded by suggesting potential language for an anti-picketing ordinance he believed could pass court muster.

“Chief, FYI, in a U.S. Supreme Court case, Frisby v. Schultz… the U.S. Supreme Court upheld the following ordinance: ‘it is unlawful for any person to engage in picketing before or about the residence or dwelling of any individual in the town of Brookfield.’ The court ruled that this ordinance does not violate the First Amendment,” Broadhead wrote.

That language was eventually adopted word for word by the Newfields select board. 

Sununu’s team has denied the governor had anything to do with the ordinance or its passage.

The New Hampshire Press Association gave NHJournal’s coverage of the story a “Free Speech” award earlier this month.

Maidment said he expects the involved parties to do the right thing.

“I expect a formal written apology from the New Hampshire State Police, Newfields Police, and Prosecutor DiCroce any day now,” Maidment said.