There will be no shortage of articles and social media posts from all the big-name authors and influencers as the nominations for Top Cop and the High Court make their way through the process. This article serves to call attention to some details that might not get much WMUR attention and will end with an action item.
Formella’s term expired in April, something Kelly Ayotte can’t claim not to have paid attention to, seeing that it’s a job she had before going to Washington. She clearly avoided talking about his future and the future of his office while on the campaign trail before and after her primary. In the meantime, he became chair of the NAAG, which this non-lawyer surmises might be a popularity contest among one’s peers, like becoming class president. I won’t get into a side trip on that, but we all know that there are better attorneys general out there, such as Ken Paxton.
Formella has also been into hate crime prosecutions, like Attorney Gens’s client who was charged for hanging a “keep NH white” banner on an overpass. Akin to all this recent flag-burning talk, one does not need a legal education to embrace the words “I despise what you’re saying/doing, but I support your right to say/do it.” And speaking of FLAGS, Formella now reports to a governor that lives in a city with a mayor (also a lawyer) that despises free speech. Talk to the Scaers if you want to learn more about flag issues. What Formella should have been working on, at least since the primary, knowing a NASHUA former attorney general would be on the November ballot, was improving the Public Integrity Unit in his administration. Most readers already know about Nashua malfeasance, corruption and incompetence, but you can visit Good-Gov dot org if you’d like a refresher.
Instead, Formella is more of a “fishing expedition” guy. On 9/29/21, the Damn Emperor sent him on one following the St A’s executive council meeting to look for crimes to charge against his critics. A frequently asked question following the 10/13/21 arrests was “Were they arrested on a warrant?” No! In fact, Formella’s office released his big nothingburger report the following summer. As for other fishing expeditions, one could argue that his obsession with hate crimes is an ongoing fishing expedition, but let’s move on.
In a recent NH Journal article, Michael Graham said, “Ayotte made clear that she wants continuity at the state’s top law enforcement post.” Think about that for a moment. Did she always want continuity, or was it the result of a recently changed mind, seeing that Formella recently said the following: “I don’t want the Governor mad at me,” which was referenced in Attorney Lukey’s recent letter in support of Judge Broderick getting his YDC settlement administrator job back. If she always wanted continuity, she should have pledged to keep Formella on the job before getting elected or at least gone on record with such intentions well before April.
Let’s briefly discuss Attorney Gould. On Inauguration Day, Kelly Ayotte announced her commitment to being anti-landfill to 424-plus witnesses in Reps Hall, yet she just nominated a Casella lobbyist to the highest court! Does anyone else think she’s building the bench in her own image in preparation for landfill litigation? I also saw a tweet that Gould is friendly to the housing bill madness cult. That’s another reason for this nomination, but what about the youth center scandal? WMUR ran a quick video and Attorney Knight’s prognostication that the Judge Broderick issue will wind up in the Supreme Court. I’m guessing Gould is on Kelly’s side of the potential future “Broderick v. Ayotte” case. As that meme graphic image says, “change my mind.”
Councillor Wheeler went on record in saying that there will be a Claremont litmus test for any SC appointment before his vote can be earned. That’s a good thing, and one would hope that at least 2 of his peers would do the same. What about a YDC litmus test? We’re only talking about something that could bankrupt the state if one or more of its moving parts should go sideways.
Seeing how fast the EC confirmed the new prison warden less than 2 days after the hearing with public comment, it stands to reason that things could move equally fast for the processing of both Formella and Gould. Think of it as being stuck in traffic on 93. For some of that time, it’s stop and go. For some of it, it’s putting along at 5mph or with the occasional 30mph spurt that ends shortly after it starts. That’s the way various “chosen” bills have progressed through the legislature. Why should that branch have a monopoly on kinking and unkinking the hose at will? The governor and executive council can do the same with appointments, hearings, confirmations, and the swearing-in.
Given that the governor is functionally the chair of the executive council and comes from a city that is known for its lack of transparency, I wouldn’t be surprised if the hearings for either or both nominees are scheduled at the last minute with very little notice and confirmed at the earliest opportunity after that. City hall, as Laurie Ortolano has been complaining about for years, often buries public notices on the wrong page of the city website and with lame excuses. Think of things like the webmaster being on vacation, newly replaced, or the site being newly redesigned. The same applies for the physical bulletin board(s) where notices are to be posted on paper.
I give the state webmaster the benefit of the doubt that s/he is of better character than any of the Donchess Donkeys, but it’s nonetheless something to stay on top of. Bookmark the following two links and check on them daily. They are the meeting schedule and the hearing calendar. Your action item is to communicate your opinions on both nominees to the executive council. Attend the hearings. Utilize public comment. If you’re unable to do so, send some emails. The addresses can be found here.
UPDATE: Since submitting this article just hours earlier, a hearing for Gould has been scheduled for 10:30 a.m. on Friday, September 12.
