Proposed NH Constitutional Amendment (CACR27): All State Court Judges Shall Be Subject to Recall and Removal by Petition

New Hampshire constitutional amendment concurrent resolution (CACR27), introduced January 5, 2022, would give “we the people” of NH the ability to boot out the corrupt and tyrannical judges that permeate the current landscape.

All state court judges shall be subject to recall and removal by petition and vote of registered voters pursuant to provisions established by the legislature.” – CACR27 summary

 

Introduced by Rep. Norm Silber (R), Rep. Michael Sylvia (R), Rep. William Foster (R), and others, a public hearing for the amendment took place January 12, 2022. Rep. Silber began the hearing by stating that many of his constituents (Gilford/Meredith) had come to him with “horror story complaints about their treatment by judicial officers in the court system in the state, most of whom are complaining about how they’re treated in family court. Some dealing with child custody, child removals, DCYF.” Current NH law only allows the removal of a judge through the process of impeachment.

The public hearing for CACR27 lasted about 40 minutes and ended with NH criminal defense attorney Richard Guerriero saying, “I think the greater issue at hand is a greater scrutiny of the courts…This would give the people a path to take should they not be able to inspire their representatives to protect them from government.”

It Seems Obvious This Should Be a Law

I, you, and everyone we know probably knows at least one person who’s gone through the court system only to find it, and the judge, totally corrupt. Obviously when it comes to child custody and child removal from a family, if a corrupt judge is installed entire generations could be destroyed. But really, all corrupt judges ruin lives, don’t they?

It seems obvious this constitutional amendment should be law. Doesn’t it? Why the hell isn’t it? This is New Hampshire! And while we’re at it, let’s vote out all the bad cops, too. It would really put the “public” back into the “servants,” don’tcha think? Sound like a plan? Let’s see what happens with this!

Watch the Public Hearing for CACR27: (4:59:23 – 5:38:00)

 

 

 

 

US Appeals Court Rules: DEA Allowed Access to NH Opioid Database Without a Warrant

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

 

So What Was the Loophole?

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Brave NH Native Records in Court Lobby Despite Threats from Armed Goon

In October of 2021, nine peaceful people were arrested at a well-attended executive council meeting. It started when armed state goons approached activists Frank “Footloose” Staples and Terese Grinnell and requested they to follow them to a partitioned area in the back of the room. Once out of sight of the packed audience, the thugs arrested Footloose and Terese, causing them to verbally announce what was happening. Prior to being asked to walk out, the two were sitting in the audience quietly, so they are still unsure regarding why they were arrested in the first place, as they didn’t make any noise prior to the arrest. So far, the court process has yet to clarify the situation.

Seven other people were also arrested for speaking out during the arrests of Footloose and Terese. The “New Hampshire Nine” had a court hearing on Friday to deal with some pending motions and unlike the rest of the Nine, Footloose is representing himself in the case. If you’ve seen his other videos, you know that means it won’t be dull. Here’s a video with highlights from his visit, including he and other activists bravely refusing to stop recording when threatened by a masked court goon. You can see the full uncut series of videos he recorded at Concord district court on his Odysee.

It’s also worth noting that there is an unconstitutional “Supreme Court” of NH order in place prohibiting recording in all parts of state courthouses except the courtrooms themselves. Those restrictions were put in place because of Keene activists recording over a decade ago and haven’t been meaningfully challenged ever since. Kudos to New Hampshire native Footloose for standing up for the right to record and the right to transparency. It was nice to see him back down the armed goon AND he did it while on bail conditions for his previous ridiculous victimless arrests.

Stay tuned here to Free Keene for the latest on his saga.

Psilocybin Mushroom Decriminalization Bill to Have Second Hearing

Liberty Cap Mushrooms

HB 1349 is a bill that would decriminalize psilocybin mushrooms sponsored by Amherst Representative Tony Labranche. The bill had its first hearing in the Criminal Justice committee on January 11th, but while all the other bills heard that day got voted on, HB 1349 had a new hearing date scheduled. That means you have another chance to go and show your support for the bill on Thursday, January 20, 2022 in the Legislative Office Building in Concord at 9am. Alternatively, if you can’t make it you can email the committee and tell them to vote Ought To Pass.

The bill is very interesting because it is modeled word for word after the bill that decriminalized marijuana in New Hampshire. What argument does a member of this committee have against this bill? Psilocybin mushrooms are even safer for people and society than marijuana, according to Dr. David Nutt, former chairman of the Advisory Council on the Misuse of Drugs in the UK.

I spoke at the hearing on January 11th and so did 4 others. The only person who spoke against this bill was a police lieutenant. How typical. The only person who didn’t want to see Granite Staters gain more freedom was a person who personally profits from the war on drugs.

The New Hampshire Supreme Court already decided that psilocybin use was constitutionally protected if you’re using it for religious practice or to worship god. My spiritual beliefs include worshiping the god in myself by allowing myself the ability to ascend beyond what and who I am now. Psilocybin is a great tool to do that and more people experiencing this medicine would help heal our community which is in part damaged by the war on drugs.

The bill: http://www.gencourt.state.nh.us/lsr_search/billText.aspx?id=1711&type=4

If would like to contact the committee hearing this bill use this email: HouseCriminalJusticeandPublicSafety@leg.state.nh.us

More “Picketing” Trial Video, All Defendants Found Not Guilty!

As we reported here at Free Keene last year, nine peaceful activists were ticketed for violating the unconstitutional ordinance against “picketing” outside the NH governor’s house in Newfields, New Hampshire. All but one of the nine have fought the bullshit charge.

Last month, the first “not guilty” verdict came in the case of Frank “Footloose” Staples. Now, five more of the “Newfields Nine” have also been found not guilty. Libertarian attorney Seth Hipple filed a motion to dismiss where he argued the Newfields picketing ordinance is unconstitutional, but the robed woman ignored those arguments when finding the defendants not guilty, which means the illegal ordinance remains in place.

Here are the videos from the trials of five of the Newfields Nine, both trial dates combined into one video:

Footloose on Trial for “Picketing”, “Disorderly Conduct” @ NH Governor’s House

Footloose Arrested at Sununu's House

Footloose Arrested at Sununu’s House

Activist Frank “Footloose” Staples, the founder of Absolute Defiance, has been persecuted by the state gang for his peaceful actions near NH “governor” Chris Sununu’s house at 71 Hemlock Ct in Newfields roughly a year ago. Footloose led a series of protests in the park across the street from the Sununu home over unconstitutional executive orders like the statewide mask mandate and other restrictions on business.

Whenever the state gang can identify the leader of a protest, they are inevitably targeted for attack and now Footloose has been arrested and ticketed multiple times. First, he was ticketed for attempting to hold a peaceful candlelight vigil near Sununu’s house, along with eight other people, aka “The Newfields Nine”. The police called this a violation of the town’s “picketing” ordinance, which was written specifically to protect Sununu from that dreaded free speech.

Just over a month later, he was arrested for “disorderly conduct” at a Shire Choir caroling event near Sununu’s house. All he was doing in the incident was speaking. According to police, he spoke too loudly.

In November, he was put on trial for the “picketing” and “disorderly” charges. I was there to record the full trials. The robed woman in Brentwood district court took the cases “under advisement” and ruled nearly two months later. She found Footloose not guilty of “picketing”, but conveniently didn’t rule on the constitutionality of the ordinance. She found him guilty of “disorderly conduct”, a Class B misdemeanor. He plans to appeal, but the next step is sentencing on April 7th at 9am. Stay tuned here to Free Keene for the latest.

First up, the “disorderly conduct” trial:

Here’s the “picketing” trial: (more…)