NH HB 1027: Elected Officials Who Abuse “Emergency Powers” Could Incur Felony Charges of Treason

New Hampshire HB 1027 was introduced by Rep. Tim Baxter (R – Rockingham 20) and Rep. Josh Yokela (R – Rockingham 33) on January 5, 2022, followed by a public hearing on January 19th. It’s now sitting in committee until March 10, 2022.

  • “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

 

Abusing “Emergency Powers” Is an Act of Treason

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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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The Constitutional Case for NH Independence (CACR 32)

This is an e-mail I sent to NH state reps around Jan 26, 2022.

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RepFolk: Here are some reasons you should feel “Constitutionally comfortable” voting for CACR 32…the right of the people to vote on whether we keep being ruled by an empire that starts a new war at our expense every three years or so.

What’s nice about the U.S. Constitution is that you generally don’t have to be a “Constitutional scholar” to understand it.

1) The Tenth Amendment makes the U.S. Constitution innocent of banning independence, until proven guilty. It reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” By default, “the powers,” thus includes the power of states and/or their voters to divorce D.C. In order for the U.S. to lawfully wield a power preventing that, such power would have to be “delegated to the United States by the Constitution.” Where does that Constitution clearly grant such power to D.C.? Why are the “anti-independence” Constitutional passages cited so unclear on this question when compared to the clarity of “The Tenth?”

2) Even if we were to assume, for the sake of discussion, that the Constitutional arguments against independence were valid…that leaves a different problem for Remainers. No one could credibly argue that the U.S. government has complied with its Constitution…not even during the last two hours, let alone the last two centuries. Have they voided their contract, perhaps millions of times? If they are not required to follow their Constitution, why are we?

3) If one could argue that the U.S. Constitution forbids the public from voting on independence this year, one could just as easily argue that the pre-existing NH Constitution *demands* it this year. Article 10 reads: “…whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government.” Has Washington endangered – or not endangered – “public liberty?” Are you currently able to “redress” your grievances with D.C.?

4) You face, perhaps for the first time, legislation which would actually end the central government’s practice of running employment bans and overseas TORTURE CHAMBERS* at NH taxpayer expense. Why have some of your House colleagues apparently picked *this* moment to begin pretending they follow either Constitution?

Dave Ridley
NHexit.com
“Independence without enmity”

* https://en.wikipedia.org/wiki/Bagram_torture_and_prisoner_abuse



NH HB 1022 – Permitting Pharmacists to Dispense Ivermectin Without a Prescription

Rep. Leah Cushman presents HB 1022 at the public hearing on 1/18/22

 

On January 12, 2022, Rep. Leah Cushman (R – NH) introduced New Hampshire HB 1022: an act permitting pharmacists to dispense the drug ivermectin by means of a standing order entered into by licensed healthcare professionals. The general argument is that many healthcare workers are unable to prescribe ivermectin, either because of hospital politics or outside pressures. This bill would override the need for a prescription for ivermectin, allowing everyone in New Hampshire to pick it up over-the-counter.

A public hearing for this bill took place on January 18, 2022. Rep. Cushman, House committee (Health, Human Services, & Elderly Affairs) members, doctors, and others took part in a lively discussion that spanned over two hours. The overall consensus appeared to be in favor of the bill, with a few speakers pleading that those who cannot (or do not) get the covid-19 vaccine need another readily-available, tried, and tested alternative.

The Benefits of Ivermectin Are Well Established

The only medicine for infectious diseases to win the Nobel Prize has recently been smeared in the mainstream media. Surprised? There are innumerable studies that have overwhelmingly shown the benefits of this drug to combat all types of disease. The difference is that now the media has portrayed it as livestock medicine, and nobody can seem to counteract the bad press–not even Joe Rogan.

However, most of those in attendance, including multiple committee members, fully supported pushing this bill further. Even those who believe that vaccines are the best option had to admit that withholding medicine to those who cannot or do not get the vaccine doesn’t make sense. In fact, people who have received the vaccine can benefit from ivermectin as well.

Dr. Paul Marik Was in Attendance

One speaker of note was Dr. Paul Marik, who traveled to the public hearing for NH HB 1022 all the way from Virginia.

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The Porcupine Peace Plan: How NH independence could boost American security and stop Armageddon

if it wants continued NH military support, Taiwan should let its civilians defend themselves .  Photo by Wang Yu Ching / Office of the President Lcns. CCA 2.0

Here’s an edgy proposal which is closer to realization than you think: New Hampshire should withdraw from the United States and its alliances, then request a significant reduction in gun control within member states as a minimum condition of rejoining. Why?  Because NH is more humane than DC, and because nations with significant gun control are too vulnerable and costly and for us to help defend.  First let’s discuss the elephant in the room:  NH independence and some of the incidents which have driven it forward.

On March 12, 2006 five U.S. soldiers violated, then murdered, 14-year-old Abeer Hamza in her home at Yusufiyah, Iraq. Then they covered up the killing by wiping out most of her family, partly at NH taxpayer expense. 1

Fifteen years and four days later, several dozen U.S. policy enforcement officers stormed a quiet neighborhood in America’s Pleasantville: Keene, New Hampshire. After using a battering ram connected to an armored vehicle, they flew a drone through the window of a home studio housing the state’s top radio discussion show, Free Talk Live. Washington claimed that some of its libertarian hosts had been selling significant amounts of Bitcoin without government permission and filed charges of “unlicensed money transmission.” The imperial capitol is seeking life imprisonment for at least one of the arrestees, with no credible claim that he even victimized anyone. 2

Though different in a hundred ways, each of these Federal excesses exemplified the numberless grievances which have sparked a growing pushback against D.C. in the “Live Free or Die” state. Local activists and legislators reacted with the New Hampshire Independence Amendment, also known as CACR 32. This constitutional revision would allow all NH residents to vote in a 2022 referendum on whether the state will continue being governed by Washington.

New Hampshire already has a long history of example-setting. But by striving for independence – and a more humane world security protocol – its citizens may be able to do something better. With your help, and the careful placement of a new idea on the geopolitical board, maybe our tiny new nation could even stop a world war.

NH independence proponents make a simple case. The FedGov, they say, has bloated beyond the point where normal individuals can meaningfully oppose its atrocities with conventional civics. They point to the successes of Estonian and British independence movements as well as the global trend toward “smaller nations.” In 1900 there were roughly 60 countries in the world. Now there are about 200. Meanwhile, thanks to these and other national divorces, the harm-inflicting capacity of various empires is less than it would be if they were still full-sized. Successful independence drives in America, too, should have a limiting effect on U.S. warmongering in faraway places.

But what of, say, Chinese government warmongering outside its borders? Whatever cruelties the U.S. government may have imposed, the nations bordering China do seem to generally prefer alliance with Washington over alliance with Beijing; some rely on D.C. for their security more than they should.

One of the main criticisms of NH independence is that it could undermine U.S. defense capability or, more accurately, American capacity for carrying out the existing commitments to NATO and Taiwan. The latter is of special significance, and we’ll use it as the focus of this discussion. But the arguments here apply to every U.S. ally.

Critics argue that America is overextended, much as Britain was overextended in the 1939 era when it guaranteed Poland against the Nazis. In those days the perception was that London had only two available courses of action: Wage war on Germany or appease Hitler by abandoning Poland. Today people imagine that we face a similar unthinkable choice as China flexes its new powers against Taiwan. An invasion of the island could trigger these same two ruinous impulses against a great resurgent Power, this time with the likelihood it would escalate into nuclear war. Taiwan’s friends, the thinking goes, would either have to commit another Munich…or defend the quasi-nation by risking civilization. Wouldn’t a New Hampshire independence drive damage America’s ability to follow the second option to victory?

Actually, there is a third option which could prevent both the evils of “big war” and the abandonment of overseas promises. An independent New Hampshire, or prospect thereof, is one way to put that path on the table. Let’s call this option the “Porcupine Peace Plan” for now…in honor of a less-threatening but better-defended posture some of us envision for America’s alliances.

This plan rests upon the barely-discussed idea that there is a great, untapped defense capacity among all reasonably-prosperous peoples, especially in Taiwan. Unlike military buildup it is a power which, when exercised, saves tax dollars rather than spending them…increases freedoms rather than reducing them. It possesses little potential for starting wars of aggression but has a proven history of discouraging them. Nevertheless, this power is often suppressed by the rulers of vulnerable nations…even as some of them face invasion or treat nuclear first-strikes as a legitimate method of self-protection. 2b

This seemingly magical ability…is the power of armed, individual self-defense…weapons freedom for the private citizen. And it is a power that the government of Taiwan has systematically denied to its people, at grave risk to a nervous world. The island’s gun control laws are so strict that WorldPopulationReview.com lists the number of civilian firearms there at literally zero per 100 persons (the U.S. has 120). Historically, the relative gun freedom of America helped it win the Revolutionary War and limited its risk of invasion over the following centuries.2c

We must respect the wishes of Taiwanese regarding their internal laws. But Taipei should respect our wishes when it comes to whether we risk our lives for them over their willful self-emasculation. We currently are doing exactly that at their government’s request; every last American is potentially on Beijing’s target list.3 And Taipei has unnecessarily increased the chances for war with Beijing…by keeping its civilians disarmed.

This policy cannot help but cause Taiwan to be a far more attractive target for invasion than it would be if it had weapons freedom for the average citizen. The island’s well-meaning government has formidable armed forces, but there is no substitute for the “defense dispersal” and individual initiative which comes from civilian weaponry. Gun freedom, in 1940, made fascist-surrounded Switzerland impractical for Germany to invade. 4 Norway, by contrast, was heavily defended by the British Empire and nowhere near surrounded…but fell quickly when Hitler’s forces mounted an attack on “central points of failure.” 4b

Gun availability for the average person can solve only so many problems, but nations which acquire this freedom also acquire a ready-made, widely-dispersed guerilla arsenal ready for use against any occupier. It lets a tiny nation do what Sun Tzu suggested, and “be like water.” When added to Taiwan’s existing military deterrent…this “scary freedom” should be enough to prevent invasion indefinitely.

Skeptical? Then you tell us: How well has the U.S. “nuclear government” fared against Afghan riflemen? Why is Beijing so terrified of guns that it has enacted some of the world’s strictest prohibitions against civilian-owned weaponry? 4c

Thanks to Taipei, the mainland communists don’t have much of that to be terrified of in Taiwan. They don’t have to factor civie-guns much into their “invasion equation” as Hitler did when he abandoned his plan to attack Switzerland. Ending this citizen-dis-empowerment could be just enough to prevent the expected attack on Taiwan. And New Hampshire can gently make the case…either through government policy or constructive private action. Here are the suggested steps to get us there:

1) The New Hampshire Independence Amendment must get a full and fair hearing by our State and Federal Relations committee and face the full legislature without substantial alteration. This will give NHexiters new clout to advance the Porcupine Peace Plan. In the unlikely event Independence obtains legislative super-majorities on this first try, it would then go before the people. If they vote “yes” then…?

2) Neutral by default, the newly independent nation could begin negotiations on whether it will re-join the alliances it has just departed.

3) The negotiators should request, as a minimal precondition for re-joining, that Taiwan and other countries take steps of their own choosing to undo the invasion-friendly types of laws we’ve outlined above. It would be on the Taiwanese themselves to figure out how they want to handle this…and on us to decide whether their reforms, if any, are sufficient to win us over as renewed allies. The more weapon freedom they can offer their people, the more we’d want to join.

4) If Taipei can’t accept this suggestion, loyally and responsibly given, New Hampshire could simply remain neutral and is probably better off that way anyhow. As Switzerland and Costa Rica have proven, neutrality can be much safer than joining an alliance. But we will have kept faith with the beleaguered island.

Even if New Hampshire doesn’t get past step one in 2022, we should at least be able to put the gun-control-helps-invaders issue on the table. And the same weapon freedom concerns which apply to Taiwan…should apply toward any potential ally, even as new personal defenses begin to replace firearms. A cheaper and more humane way of looking at security…may start to set in. (more…)