A Supreme Move

Does Part I, Article 10 of the New Hampshire Constitution mean anything other than feel good rhetoric to those of us who want fair government?

Let us find out: Motion For Interlocutory Transfer.

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But wait — it gets worse.

In 1975, the NH Supreme Court (State v. Miller) quietly expanded police arrest power to any violation — even spitting on the sidewalk.  Miller said violations stay in the “criminal process” — so cops can arrest, even though there’s no jail, no criminal record, no real harm. But Miller never asked the 1784 question: “Where in the Constitution does it say you can seize a free man for a fine?” Answer: Nowhere.

Part I, Article 10 says no arrest but for crime or breach of the peace.

The Framers didn’t write “submit to any badge with probable cause.”

They wrote: “Submission to arbitrary power is slavish and absurd.” This case isn’t just about my petition.

It’s about whether New Hampshire will keep arresting people for being human. Stay tuned. The Attorney General’s response is coming. And when it does — we’ll show them 1784 in high definition.

Resistance Is Not Futile

Today I file a lawsuit against the New Hampshire Attorney General under the premise that state law mandates what the Constitution describes as “absurd” and “slavish.”  You’re not a slave to the criminal gang, are you?

Here is my Petition For A Declaratory Judgement that New Hampshire’s resisting arrest statute is unconstitutional as it forbids non-violent resistance when you’re being arrested on illegal charges.

I’m not a trained lawyer…  so I make mistakes.

Your critique is more than welcome!

I just wanted to add, although I didn’t make this argument in my petition, New Hampshire is a state that has codified an affirmative defense to physically wrestling an officers gun away from him or her if they’re willfully making a false arrest.

Oh yes they have (section III.)

If you can physically take control of a police officers gun who is making a bad arrest legally, I’d say my argument is rather tame: going limp or passive resistance should be legal to an illegal arrest.

Logical question for you high IQ people out there: How can the State criminalize non-violent refusal to a felony… while immunizing violent defense against the same act?

Robert L. Lamontagne vs. The State of New Hampshire: An E-mail to an Assistant County Prosecutor

Now normally I wouldn’t be posting private e-mails between myself and an opposing lawyer working on a case I’m working on as I don’t find that generally to be very classy — but I felt it was appropriate to post an e-mail I sent to an Assistant Grafton County Attorney this morning.

The government has unfortunately been showing Rob and I about zero respect.  They are not communicating anything about anything…  and I’ve been working on this since January.

This is the e-mail I sent this to Assistant Grafton County Attorney Taylor Moult.

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New Hampshire Red Flag Laws Have Got To Go

The following article was written by a friend of Free Keene anonymously. Please enjoy.

The Live Free or Die state has garnered a reputation for being extraordinarily pro-gun over the past few years. New Hampshire is either the best state in the union for gun rights or it’s tied with one or more other states for the coveted top spot. Granite Staters never need a permit to carry any firearm concealed or openly, and courts are the only places where guns aren’t allowed. The state government doesn’t restrict any magazines, ammunition, or accessories, and local governments in the state can’t do anything to restrict gun rights, either. Upon deeper analysis, however, one may find that New Hampshire is far from the best state for gun owners and supporters of liberty and due process. In fact, it may be the most tyrannical state in the union when it comes to the confiscation of firearms by police. 

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Attacking RSA 311:7

The long-held monopoly on the practice of law by licensed attorneys has indeed served to protect individuals requiring legal services from malpractice, but it has also served to protect the State from true challenges to its authority and practices.  Sometimes the system and its players are what should be lawfully challenged in court… but those beholden through tens of thousands of dollars in education investments to the good graces of judges may find themselves in a position where they cannot properly defend their clients.  This is why in New Hampshire I believe RSA 311:7, the prohibitor on allowing lay individuals to represent individuals, should be eliminated and the NH Bar Association’s monopoly on the practice of law dismantled.

As many of you may already know, I am not a lawyer.  I am a former law enforcement officer who has spent many hours studying law and listening to judicial oral arguments in efforts to better understand the American legal system and its function.  In 2011/2012 I was authorized to represent a journalist named Jason Talley in front of the Cheshire County Superior Court for charges stemming from his mere possession (not use) of a camera in a common area of a court.  Jason and I “won” the case together by attacking the system and individual judges for misconduct.  A licensed lawyer who regularly practices law in front of these judges most likely would be apprehensive to do the same out of fear of retribution from the very people who can control their law licenses or liberty interests of future clients.

As it stands now, a person of “good moral character” can practice law in New Hampshire so long as they don’t do it “commonly.”  What does “commonly” mean?  It seems to mean whatever the judge of the day thinks it means.

I believe this prohibition needs to be struck down…  and I believe this prohibition is in direct conflict with the New Hampshire Constitution, specifically Part I, Article 10.  That’s right…  it is my position that the NH Bar Association and NH Attorney General cannot monopolize and prohibit individuals from practicing law if they are intent on “reforming” the government through the codified Right of Revolution.

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Aria Listed As Anti-Democracy Extremist

Recently here in the federal prison that I currently call “home,” there was a fight between two miserable, awful human beings known around the unit as the Nazi and the Swindler. Even more recently, Granite State Watch released a list of anti-democracy extremists; I am on that list, and it brought much joy to this, the eighth month of my eighteen month prison sentence, to know that I struck such a profound fear in them that even the rattling of my chains echoes in their minds. Of course, Granite State Watch is correct in their assessment; I am an anti-democracy extremist. When all the cards are laid on the table, it’s shown that they, too, are anti-democracy extremists. Most people are.

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