Live Free or Spy: Bill Would Create NH Intelligence Agency
Three Days of the Concord? The Jason Osborne Identity? Charitable Casino Royale?
The Granite State, with its libertarian “live free or die” culture, has never embraced the surveillance culture growing across the rest of the country. But legislation proposed by a Wakefield Republican could change that.
Rep. Mike Belcher wants to establish a state intelligence and counterintelligence office within the executive branch. Its job would be ferreting out foreign agents. But, Belcher insists, don’t call it a “spy agency.”
“It’s not a foreign service. It’s a simple investigative agency with a specific mission to investigate and report on activities of hostile foreign actors within the state of New Hampshire, especially those activities intended to subvert government, and it’s particularly oriented toward the activities of China, though Russia, Iran, Cuba, and others are implicated as well,” Belcher told NHJournal.
Belcher’s bill, HB 1605, would create the new agency inside the executive branch and empower it to develop its own intelligence independent of federal agencies already tasked with countering foreign threats. The bill includes funding for investigators and analysts, as well as unmarked cars, night-vision equipment, and military-grade drones.
Devin Barrington-Ward with the National Police Accountability Project said the bill not only expands government power by creating the agency, but also appears unnecessary.
“This feels like this is not just an overreach, but an overlap,” Barrington-Ward said.
New Hampshire already has the New Hampshire Information and Analysis Center inside the state Department of Safety. Part of the national Fusion Center program, the Information and Analysis Center works with federal partners to provide “strategic and tactical information directed at the most serious threats to the state of New Hampshire and its people.”
But Belcher believes federal intelligence agencies can’t be trusted to do their jobs, and that New Hampshire needs to look out for itself.
“The proposed office is necessary because the federal government in many ways does not actually track these items, and certainly not sufficiently, and because where it has, it has largely failed to do so adequately,” Belcher said.
Barrington-Ward said Granite Staters should consider whether Belcher’s proposal is a good use of taxpayer money. He also warned about the creation of a new agency with the ability to conduct internal surveillance using technology, such as military-grade drones, that is unavailable to most police departments.
“Is that the best use of resources and the best way for people to feel safe?” he asked.
Belcher said the new intelligence agents would follow all relevant laws and due-process requirements and would not be given free rein to spy on New Hampshire residents.
But a Department of Safety analysis of Belcher’s bill raises questions about exactly what the new intelligence officers would do, since state and federal agencies are already tasked with addressing those threats.
“Further conversation would need to be held to determine what authority the proposed office would have to investigate the crimes defined in the bill, such as terrorism or espionage, as those crimes fall under the jurisdiction of a federal law enforcement authority,” the Department of Safety said in its analysis.
Belcher said Chinese organized criminals operating illegal marijuana grow houses in Maine — and the failure of federal agents to stop them sooner — are the impetus for his bill.
“There is reason to believe that China and others seek to subvert civil society and government through a variety of means, and the professionalism, scope, and resources brought to bear by foreign state actors tend to make normal law enforcement efforts against them ineffective,” Belcher said.
In Maine, the IRS, Department of Homeland Security, FBI, DEA, and local law enforcement agencies worked together in 2024 to dismantle illegal grow operations. So far, 13 people are facing charges in state and federal courts.
This isn’t New Hampshire’s first foreign-espionage rodeo. During the Cold War, the state was home to one of the era’s most famous counterspies, Herbert Philbrick of Rye, whose nine years infiltrating the Communist Party for the FBI inspired the hit TV series I Led Three Lives.
At the state level, New Hampshire lawmakers passed legislation empowering the attorney general to investigate subversion. Attorney General Louis C. Wyman promptly used that power to target Marxist economist Paul Sweezy. When Wyman grilled Sweezy about a guest lecture he gave at the University of New Hampshire, the confrontation escalated to the U.S. Supreme Court. The resulting landmark 1957 ruling, Sweezy v. New Hampshire, curbed the state’s power to pry into political associations and established critical constitutional protections for academic freedom.
More recently, former Merrimack resident Alexey Brayman pleaded guilty in federal court in August to his role in a Russian spy ring that exported illegal weapons to Russia. Brayman was apprehended by federal agents.


