Update: Motion to Dismiss Hearing - Sherm Packard/Chuck Morse vs Dan Richard's Writ of Mandamus - Granite Grok

Update: Motion to Dismiss Hearing – Sherm Packard/Chuck Morse vs Dan Richard’s Writ of Mandamus

Rule Of Law

A Writ of Mandamus, for review, is a pleading to the Court system to order Government officials to do what they are supposed to do either under statute or Constitutionally. Dan Richard started a Remonstrance process (“seeking redress for grievances”) against a couple of gun control bills back in the last session: Shurtleff / Soucy (both Dems).

Since the court system grinds more slowly than the election cycle, Dan is asking that the Court order NH House Speaker Sherm Packard and NH Senate President Chuck Morse (both Repubs) to do their mandated duties.

Their lawyers, (NH House Counsel Jim Cianci and NH Senate Counsel Richard Lehmann, put in a motion for Dismissal (and ignored the Constitutional mandates that tell the House and Senate to”DO YOUR JOB”) with the typical lawyerliness that lofts their credibility right up there with used car salesmen and other politicians.

You can see all that stuff here (“Writ of Mandamus – Hearing On the Dismissal of Dan Richard’s Process of Seeking Redress By Remonstrance“).

Yesterday afternoon was Dan Richard’s hearing to give his rebuttal to their motion to dismiss (the link above is all his paperwork forwarded to GraniteGrok after it was filed with the Court).

It was clear that the NH Legislature’s counselors brought up items that really had no relevance to the case (e.g., Lehmann talking about bills instead of Remonstrances, other cases not dealing with the NH Constitution (e.g. other States), spotlighting that Mr. Richard didn’t have to worry about any “retaliation” when seeking redress from the Legislature, and the like).

Dan brought up the Constitution, the history thereof, NH cases (including the John Burt vs Shurtleff where the NH Supreme Court ruled that the NH House Rules do NOT have priority over the NH Constitution).

In the end, the Judge praised Dan for his research and presentation, especially as a “non-lawyer.”

It is unclear how long it will take the Judge to make his ruling.

Here are the recordings – it is clear that next time using the MeVo cameras, I need to really turn up the recording volume.

Part 1:

Part 2:

Part 3:

Part 4: