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 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”
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.
Brodie Deshaies at the hearing looking guilty while Carla Gericke calls him out for using scare tactics
Representative Brodie Deshaies from Wolfeboro, New Hampshire testified in front of the State-Federal Relations and Veteran Affairs Committee on January 20, 2022 concerning CACR 32. The legislation seeks to let the people of New Hampshire vote to amend the Constitution and become an independent nation, breaking ties with DC. He was the legislator asked by the committee chairman to do the bulk of the research before the hearing.
Looking closely at all the claims Deshaies made about the legality of this bill and the implications concerning lawmakers voting to recommend that the House pass it, it is hard to decide if he is ignorant and easily swayed by empire-loving “constitutional scholars” from DC or if he gave a speech full of lies to sway the vote. He used fear-mongering language directed at the committee, implying that they may be charged by Washington DC if they vote ‘Ought To Pass’ and supported the bill through the legal process. This article is a close-up look at his claims and will look at all the material he references to see if he is really making a constitutional argument against CACR 32.
Deshaies starts off with an acknowledgment of how the public perceives him. “There are some people who are pretty upset with me in the room,” he says. This is already very indicative of his character. He sent Elliot “Alu” Axelman (the editor-in-chief of LibertyBlock.com and the author of multiple books on secession) an email full of misinterpretations of the US and New Hampshire Constitutions a few weeks ago. When Alxelman politely asked if he wished to engage in a public debate on the topic, Deshaies cowered and declined. Without the opportunity to debate Deshaies, and with no legislator agreeing to debate him, Alu published his rebuttal to Deshaies’ anti-independence letter on his website. The article destroys the few arguments that the anti-freedom legislator sought to make in his letter. Instead, Deshaies went on to publish the exact same letter in an op-ed article on NHJournal.com. So, now we know he knows how people feel about his twisting of the facts, but he just goes on to ignore the people and doubles down on his way of thinking. We see from this very first sentence that he isn’t the sort of person who feels he should be in office doing what the people of New Hampshire want. He feels he’s in office to rule over the citizens of New Hampshire with an iron fist.
He goes on to say that after speaking to many “constitutional scholars” such as David Williams, author of “The Mythic Meanings of the Second Amendment”, that he believes this committee was engaged in a “constitutional process” by voting Ought to Pass or Inexpedient to Legislate. Which means every vote cast is “aiding in the constitutional process,” and “approving it at each time along the way”.
Deshaies claims, “Every vote cast has a constitutional ramification judging by amendment fourteen of the US Constitution, section three. Some scholars would argue that this is rebelling, even if it’s peaceful. This very well could be an argument where voting for this, aiding and abetting in that process could very well be unconstitutional.”
So, there it is, folks. Deshaies spoke to a man who wrote a book arguing that the second amendment doesn’t really give all Americans the right to bear arms for advice on what the Constitution says. Then, he came up with a clever way to subtly scare the other members of the committee out of voting Ought to Pass on this bill. He used a mildly veiled threat of ‘insurrection’ and ‘rebellion’ to convince everyone on the committee to vote 21-0 against recommending the bill to be passed. Even the two committee members who told Axelman that they would support the legislation ultimately caved to the fear and voted to kill it. (more…)
This Winter, the Captain has taken the time to produce a three-song EP and is offering them on his website, which features a bunch of other parody songs.
You can listen to them all for free and then buy the record for whatever price you want to pay! Check them out on his Bandcamp page here.
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.)
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.
