Interesting article:
nhjournal.com
N.H. Solicitor General Daniel Will was the leading architect of a dangerous theory adopted last year by some New Hampshire courts; namely, that constitutional rights can be “suspended” during a State of Emergency. Now, the Executive Council is considering whether to appoint him to a position on the N.H. Superior Court bench, and held a public hearing on the matter on May 6.
On April 9 of this year, a bipartisan majority of the New Hampshire House called Will’s theory from last year “disturbing” and approved a bill to rule out his theory under New Hampshire state law.
Last week, Will had a chance to explain or repudiate this view. Instead, Will brushed off the controversy and acted like he had no idea what the House was even talking about. “I’ve never argued that the Constitution can be suspended,” he told Councilor Joe Kenney. Later, he again told Kenney “It’s never been about suspending the Constitution. I have never made that argument.”
When Councilor Dave Wheeler questioned Will on the same topic, he doubled down. “What was argued was not to suspend the Constitution. We never made that argument.” He continued to repeat this lie again and again throughout the recorded hearing.
So where did the idea of suspending the Constitution come from? Have groups like RebuildNH just made up the claim? The simple answer is “no.” The public record here clearly contradicts Will’s denials.
Just take a look at the records for yourself. On page six of the Binford decision, the judge in the case says “the State asserts that Governor Sununu… may use his emergency powers to temporarily suspend or limit fundamental rights.” Again, on page 10 of the same document, the judge says “the State contends… during a state of emergency, executives are granted broad latitude to suspend civil liberties in order to address the emergency.”
“The State” in this court document means Daniel Will, who was the lead attorney for the Attorney General who made the argument for “the State” in the case. Was Will telling Executive Councilors that the judge in the case was lying?
It gets worse than this. Judge John Kissinger explains exactly where he sourced the language about “suspending civil liberties.” Look at page 11 of the Binford decision in the section that has the subject heading: “Governor’s Authority to Suspend Civil Liberties.” Did you catch that subject heading? In that section, the judge says he is going to apply an old case called Smith v. Avino. Lawyers say that Avino is what is called a “non-binding” case, meaning it did not have to be applied in New Hampshire.
What did the Avino case say? The judge quotes it on page 11. It says, “In an emergency situation, fundamental rights such as the right of travel and free speech may be temporarily limited or suspended.“
...... [worth reading the balance]
HOELL: Can the State Suspend Your Civil Rights, as Long as It's in 'Good Faith?' - NH Journal
N.H. Solicitor General Daniel Will was the leading architect of a dangerous theory adopted last year by some New Hampshire courts; namely, that constitutional rights can be “suspended” during a State of Emergency. Now, the Executive Council is considering whether to appoint him to a position on...
nhjournal.com
N.H. Solicitor General Daniel Will was the leading architect of a dangerous theory adopted last year by some New Hampshire courts; namely, that constitutional rights can be “suspended” during a State of Emergency. Now, the Executive Council is considering whether to appoint him to a position on the N.H. Superior Court bench, and held a public hearing on the matter on May 6.
On April 9 of this year, a bipartisan majority of the New Hampshire House called Will’s theory from last year “disturbing” and approved a bill to rule out his theory under New Hampshire state law.
Last week, Will had a chance to explain or repudiate this view. Instead, Will brushed off the controversy and acted like he had no idea what the House was even talking about. “I’ve never argued that the Constitution can be suspended,” he told Councilor Joe Kenney. Later, he again told Kenney “It’s never been about suspending the Constitution. I have never made that argument.”
When Councilor Dave Wheeler questioned Will on the same topic, he doubled down. “What was argued was not to suspend the Constitution. We never made that argument.” He continued to repeat this lie again and again throughout the recorded hearing.
So where did the idea of suspending the Constitution come from? Have groups like RebuildNH just made up the claim? The simple answer is “no.” The public record here clearly contradicts Will’s denials.
Just take a look at the records for yourself. On page six of the Binford decision, the judge in the case says “the State asserts that Governor Sununu… may use his emergency powers to temporarily suspend or limit fundamental rights.” Again, on page 10 of the same document, the judge says “the State contends… during a state of emergency, executives are granted broad latitude to suspend civil liberties in order to address the emergency.”
“The State” in this court document means Daniel Will, who was the lead attorney for the Attorney General who made the argument for “the State” in the case. Was Will telling Executive Councilors that the judge in the case was lying?
It gets worse than this. Judge John Kissinger explains exactly where he sourced the language about “suspending civil liberties.” Look at page 11 of the Binford decision in the section that has the subject heading: “Governor’s Authority to Suspend Civil Liberties.” Did you catch that subject heading? In that section, the judge says he is going to apply an old case called Smith v. Avino. Lawyers say that Avino is what is called a “non-binding” case, meaning it did not have to be applied in New Hampshire.
What did the Avino case say? The judge quotes it on page 11. It says, “In an emergency situation, fundamental rights such as the right of travel and free speech may be temporarily limited or suspended.“
...... [worth reading the balance]
![[rofl]](/xen/styles/default/xenforo/smilies.vb/013.gif "ROFL [rofl]")
