As of March 13, 2020, New Hampshire Governor Sununu has enacted 89 Executive Orders.
The power of the State to declare an emergency belongs with the Legislative body — not with the Executive branch (Governor).
The emergency orders are unconstitutional because the legislature delegated to the executive branch powers is reserved to the legislature as written in the Constitution. The legislature cannot give away its authority to any other branch of government.
Do something about it with New Hampshire Committee of Safety.
FOR IMMEDIATE RELEASE
New Hampshire Committee of Safety
Contact Daniel Richard at NH COS
Auburn, NH, April 13, 2021— A criminal complaint has been filed against Christopher T. Sununu with the District Court in Candia, New Hampshire for violating state statute NH RSA 638:14, Unlawful simulation of the legal process. The criminal complaint alleges that Christopher T. Sununu, acting as Governor, committed fraud on the people when he assumed undelegated powers under the color of law by issuing Executive Orders and Emergency Orders through statewide media, i.e., (WMUR), local newspapers, the state website (PDF downloads), and local law enforcement in order to induce the belief that the Governor has the authority to suspend the Public Health Emergency Management Power statutes (NH RSA 21-P:53 and RSA 141-C:14-a) enacted by the legislature.
Sununu claimed that he may exercise undelegated powers over private businesses and private persons by quarantining a healthy population and locking down the State, in direct violation of the probable cause requirement of the government and the due process rights of the people during a declared state of emergency involving a public health “epidemic” defined in RSA 21-P:35 V, as codified in the Public Health Emergency Management Powers RSA 21-P:53 and RSA 141-C.
Executive Order 2020-04 and Emergency Order #2 have the appearance of lawful authority, claimed under emergency management powers statutes for public safety (RSA 4:45 and RSA 4:47), in order to induce the belief that they have the force of law to suspend the Public Health Emergency Management Powers statutes RSA 21-P:53 and RSA 141-C:14a, which shall remain in full force and effect under the New Hampshire Constitution, Part II, art. XC:
“All the laws which have heretofore been adopted, used, and approved, in the Province, colony, or State of New Hampshire, and usually practiced on in the Courts of Law, shall remain and be in full force, until altered and repealed by the Legislature;”
The continued and unlimited renewal of illegal Executive and Emergency Orders by the Governor has caused the constitutional crisis now before the Court and detailed in the complaint, as such continued renewal of unlawful orders has been used to justify the following state actions separate from the stated purpose of the emergency orders. The Plaintiff continues to suffer irreparable harm by such unconstitutional encroachments of his rights:
a. Depravation of due process of law;
b. Abolishment of all effective means of redress of grievances;
c. Amendments to our Constitution;
d. Changes to our laws;
e. Changes to our voting laws;
f. Changes to our form of government;
g. Changes to our representation at the State and Federal level;
h. Changes to our taxes;
i. Said changes were achieved by Executive fiat without the consent of the inhabitants and in direct violation of the due process of law, as required by the New Hampshire Constitution, including, and not limited to Part I, art. XIV and Part II, Form of Government, art. 100;
Therefore, NH COS founder Daniel Richard now brings this criminal complaint under the New Hampshire common law, reaffirmed by the NH Supreme Court in the following opinion:
Criminal Law—Generally—Private Prosecutions
Because the legislature has never limited the initiation of the criminal process to public prosecutors, private prosecution continues to exist as a matter of common law so long as they are not “repugnant to the rights and liberties” contained in the Constitution. (New Hampshire Constitution, Part. II, art. 90 and State v. Martineau, 808 A.2d 51, 148 N.H. 259 (N.H., 2002).).
Affidavit in Support of Citizen Complaint
A Citizen of the State of New Hampshire
Christopher T. Sununu,
Acting in his official capacity as Governor
CRIMINAL COMPLAINT AFFIDAVIT
I, Daniel Richard, a private Citizen of the State of New Hampshire, bring this criminal complaint under the New Hampshire common law for fraud (New Hampshire Constitution, Part II, art. 90 and “An Act relating to Attorneys,” passed by the legislature on February 17, 1791 that citizens of this State may appear, plead, pursue, or defend in any cause, prosecution, or suit within this State).
The Affiant brings a criminal complaint against Christopher T. Sununu, acting as Governor, for assuming undelegated powers under the color of law by issuing Executive Orders and Emergency Orders through statewide media, i.e., (WMUR), local newspapers, the state website (PDF downloads), and local law enforcement, in order to induce the belief that he may exercise powers undelegated to the Governor over private businesses and private persons by quarantining a healthy population and locking down the State, in direct violation of the probable cause requirement of the government and the due process rights of the people during a declared state of emergency involving a public health “epidemic” as defined in RSA 21-P:35 V and as codified in the Public Health Emergency Management Powers RSA 21-P:53 and RSA 141-C.
Read the full complaint here