“This bill establishes the crime of subversion of the legislative process-treason for any act to subvert the legislative process based on a false claim of emergency caused by COVID-19.”
Politicians and bureaucrats that violate our medical freedom by enforcing unconstitutional and unlawful mandates should go to prison. The legislative process is sacred. President Joe Biden is not a king, and the executive department cannot subvert the legislative process when it is convenient. It is up to individual state legislatures and the United States congress to enact legislation that impacts the citizens…It is well within the authority of the general court to protect its constituents from overreach of federal executive power. This bill aims to check the power of the federal government, and to defend the people of our state from unconstitutional executive actions and decrees that encroach on their ability to conduct business freely. This bill protects the right of private businesses to make their own decisions in what they require of their employees, and frees them from being shackled by executive overreach.” – Rep. Tim Baxter, HB 1027 public hearing, 1/19/2022 – watch here
Arguments Presented at the Public Hearing
Rep. Baxter’s arguments focused on how covid-19 mandates in New Hampshire have affected employers/employees negatively by forcing them into catch-22 situations. One example was a mother in tears because she didn’t agree with the vaccine mandate, but would lose her job if she didn’t comply. Rep. Baxter argued that businesses should be in charge of setting their own parameters, without government intrusion or intervention whatsoever.
Rep. Yokela’s arguments focused on how using covid-19 as the basis for “emergency powers” is an abuse of the legislative system. Over two years into the pandemic, any “emergency powers” enacted are unnecessary, as the entire world is well aware of the situation. Employers do not need hand-holding, and employees should not be forced into unconstitutional positions by the government. Rep. Yokela argued that legislatures have enough time, at this late stage, to follow the legitimate legislative path instead of enacting laws by executive decree. If they do not follow the proper path, it should be considered an act of treason.
I became actively involved in this process in the end of 2021, beginning of 2022, and I was actually appalled with the way people are being discriminated against because of this pandemic. Not only in our communities, but right here in our legislative body. This bill would hold those people responsible and accountable at every level. It needs to be done. I was in a Senate hearing yesterday and one of the senators who spoke…said the bottom line is that we don’t want to approve this because we want everyone vaccinated. That’s not appropriate. That is not appropriate for someone to take that kind of a stand. He’s representing the people of New Hampshire. Not everyone in New Hampshire wants this vaccine. Not everyone in New Hampshire believes in this vaccine. Not everyone in New Hampshire trusts our federal government, or even our state government at this point. I’m here today to support this bill; it’s a good start.” – Russan Chester (NH citizen), HB 1027 public hearing, 1/19/2022 – watch here
On January 27, 2022, the US Court of Appeals for the 1st Circuit, Chief Judge Jeffrey Howard, ruled in “US Dep’t of Justice v. Jonas, No. 19-1243,” that the DEA (Drug Enforcement Administration) can “legally” access New Hampshire’s prescription drug database via an administrative subpoena, not a warrant. This is despite New Hampshire and United States laws to the contrary.
While 48 states have submitted to maintaining a networked prescription database (Prescription Drug Monitoring Program / PDMP), most people would argue that their personal medical and prescription records are protected by the 4th amendment (“no warrants shall issue, but upon probable cause.”) Personal healthcare and medical information is generally protected under doctor-patient confidentiality laws and is regarded as almost sacrosanct in the healthcare world (think HIPAA.) In this case, confidentiality was further supported by the 4th amendment to the US Constitution.
Overwhelming Support From the Liberty Community
Michelle Ricco Jonas, manager of the New Hampshire PDMP in 2018, refused the DEA’s request to fork over 2.5 years’ worth of prescription data of a “person of interest.” After being subpoenaed she argued that the records belong to the state, not an individual person. Since March 12, 2019, when the notice of appeal was docketed, Michelle Jonas and New Hampshire state received an outpouring of support from the ACLU of California, Maine, Massachusetts, New Hampshire, New York, Puerto Rico, and Rhode Island – in other words, all the districts represented by the 1st Circuit Court.
Over the past two grueling years of appeal, the ACLU supported Jonas, and questioned whether issuing a subpoena to a state employee is within the bounds of the district court. They argued that medical records, for all intents and purposes, are considered private information. While the DEA has the ability to subpoena an individual, the ACLU asked if that gave them the right to subpoena a representative, or employee, of the state. They also argued that the 4th Amendment requires law enforcement “to obtain a warrant based on probable cause only to secure records over which there is a reasonable expectation of privacy.” The ACLU argued that medical records warrant an expectation of privacy.
The prescription records at issue in this case reveal intimate, private, and potentially stigmatizing details about patients’ health, including details of those patients’ underlying medical conditions. For that reason, as with other medical records, people have a reasonable expectation of privacy in them.” – Summary of Argument, US Dep’t of Justice v. Jonas, No. 19-1243
This bill would give police the right to tell any person they must stay back at least 30 feet.
A new bill was introduced to the NH House on January 5, 2022 that, if passed, could have serious, far-reaching consequences for 1st amendment auditors and anyone attempting to witness or film police interactions in New Hampshire.
NH HB 1025 was presented to the New Hampshire House Committee on January 19, 2022. Committee members voted unanimously to recommend ITL (inexpedient to legislate) status for this bill. Nineteen of the 21 members were present, with a final vote in favor of ITL: “Yea” – 19 votes; “Nay” – 0 votes; with 2 not voting. You can view the vote in the video below (48:35 – 52:10.)
