State House Dome: Sanborn lawyers fighting back, seek to remove hearing officer

Oct. 21—THE CASE AGAINST former state senator and charity casino owner Andy Sanborn of Bedford entered a new, and more hostile, phase last week.

Merrimack County Superior Court Judge Martin Honigberg will hold a follow-up hearing Monday morning on Sanborn's bid to delay the hearing into whether he should lose his charity casino license. It is alleged that he fraudulently obtained and illegally spent a COVID-19 relief loan on personal expenses and to advance a larger casino proposal.

Sanborn's lawyer, Zachary Hafer of Boston, is seeking a two-month pause. He revealed during a pre-hearing conference with the state lottery that Sanborn's health has become a factor.

"I think you guys probably know this already. Mr. Sanborn is very ill. We're also dealing with lots of medical appointments and side effects from medical appointments. It's not just like I can say, hey, we'll come over at 11 tomorrow and sit together for a few hours and just get the whole life story," Hafer told the lottery commission during a pre-hearing conference last month.

Hafer has come out firing with a call for New Hampshire Lottery Commission Chairman Debra Douglas to step down as hearing officer and name an "objective, independent" replacement.

Hafer said she could have a potential financial conflict because one of his colleagues in the defense of Sanborn, Mark Knights, is with Nixon Peabody, the Manchester firm that is involved in a "large sum of money" lawsuit with Douglas, Leonard & Garvey (DL&G), the firm of Douglas' husband, ex-Congressman and Supreme Court Justice Chuck Douglas.

"The law presumes that married spouses pool resources and/or enjoy them in common," Hafer wrote. "Chair Douglas therefore may have a direct personal stake in the litigation between Nixon and DL&G."

If that's not spicy enough, Hafer charged that Debra Douglas has revealed she's biased against Sanborn and should recuse herself.

Douglas said the "optics for the agency (are) not good" and Sanborn was causing damage to the lottery's "brand."

"I don't care where I am. People are coming up to me all the time. And it's damaging our brand," Douglas said.

Hafer said Douglas' comments were beyond the pale.

"It is improper for the chair to be discussing this ongoing case with unidentified third parties. It is improper for the chair to openly base her ruling on 'optics,'" Hafer wrote in his motion that she recuse herself.

"It is improper to blame respondents (Sanborn) for 'damaging (NHLC's) brand' when the only reason these proceedings have become highly publicized is because the attorney general decided to publicly announce them, while simultaneously taking the unusual step of disclosing the existence of a criminal investigation by the state (and referral to federal authorities for another investigation) of Mr. Sanborn."

If past is prologue, Debra Douglas in her response will not go quietly into that good night.

When this hearing does happen, the state intends to call Sanborn and his wife, House Speaker Pro Tem Laurie Sanborn, R-Bedford, who has a role in the charity casino business, as hostile witnesses.

Don't read into Sununu/DeSantis tag team

What are we to make of Gov. Chris Sununu spending nearly an hour Tuesday morning with Florida Gov. and 2024 Republican presidential hopeful Ron DeSantis on "Good Morning New Hampshire" with Jack Heath?

Is this just another "603" courtesy that Sununu has extended to all the GOP White House hopefuls — except for former President Donald Trump — or a hint on who the four-term governor could endorse for president?

"The governor has campaigned with most of the Republican presidential candidates this year and looks forward to joining Governor DeSantis out on the trail in New Hampshire next Tuesday," spokesperson Benjamin Vihstadt said in a statement.

"The governor plans to continue campaigning with candidates in the weeks and months ahead. As the governor has publicly said many times, he is not close to making an endorsement in this race and will let everyone know when he makes his decision."

There's no doubt DeSantis is one of the "top tier" of hopefuls that could get the nod from Sununu. The short list includes former South Carolina Gov. Nikki Haley.

As Trump's biggest critic, former New Jersey Gov. Chris Christie may be in the mix as well, but that's only if he can improve his standing in the polls here and in other key early states.

Trump's filing will be like no other

House Speaker Sherman Packard, R-Londonderry, informed in the latest House calendar that the State House will have a different feel Monday morning, hours before Trump shows up to sign on the dotted line to run in the first-in-the-nation primary.

"Please be aware that on Monday, October 23rd, special security measures will be in place at the State House," Packard wrote.

Trump is the only Republican candidate with Secret Service protection.

The New Hampshire State House is one of a handful in the country that doesn't require the public to go through metal detectors.

But that will not be the case on Monday as everyone will have to pass through one to gain entry.

In the moments before a candidate shows up, Secretary of State David Scanlan's office looks like the trading floor on Wall Street, national, state and local media outlet members on top of one another trying to get the best shot.

Several national campaign sources said the only press that will be allowed in with Trump when he files are those in his motorcade that follow him throughout the day from his arrival in Manchester and filing in Concord to his hosting a rally in Derry later Monday afternoon.

But some local reporters at the State House with the help of Chief Operating Officer Terry Pfaff, got the all-clear to just show up at the building and they will be let in. Stay tuned.

Either way, Trump again will make history Monday.

Scanlan confirmed Trump will be the first former president after losing an election to show up in person to run again in New Hampshire.

Christie shows off foreign policy chops

Tell It Like It Is, the Super PAC backing Christie, pivoted with a foreign affairs ad that began airing statewide in New Hampshire, and will also be on digital ad platforms in New Hampshire and South Carolina.

Christie spent last weekend in the Palmetto State and that hope seems a reach.

To even place in South Carolina, Christie would have to overcome Trump, whose all-star endorsement list from the state includes Gov. Henry McMaster, U.S. Sen. Lindsey Graham, Attorney General Alan Wilson and Secretary of State Mark Hammond.

Alternatively, Christie would have to edge either popular Sen. Tim Scott, R-South Carolina, or former Gov. Haley, who first named Scott to a Senate seat.

The ad has footage of Christie's recent meeting with Ukrainian President Volodymyr Zelensky, as well from a previous trip to Israel where Christie met Prime Minister Benjamin Netanyahu.

Trump is seen in the ad sitting in a Manhattan courtroom on the opening day of the New York civil case against him and his company on Oct. 2.

Hampstead legislator: Hospital incidents 'old news'House Children and Family Laws Chairman Mark Pearson, R-Hampstead, said the report from Executive Councilor Janet Stevens, R-Rye, about an epidemic of violent disturbances at the Hampstead Hospital and Residential Treatment Facility was "old news."

"As a representative form Hampstead living about 300 yards from the facility ("in my backyard"), I can tell you good remedial action has been underway," Pearson said.

"I'm on the design committee for the new building that will replace the Sununu Center. It will be a comfortable place for troubled youth, but it will be secure, so concerns about past problems at Hampstead Hospital should not trouble Hampstead residents as to their safety when the new building comes on line."

The Union Leader had access to the event log at Hampstead Hospital from June 2022 through September 2023 but chose not to specifically detail a single incident.

With so few residents, specifics could easily identify that person.

Some maintain the strategy could be to build support to give the small Hampstead Police Department more resources to respond to problems there.

Keep in mind, the state police has with the Department of Health and Human Services a memorandum of understanding that pays the troopers' agency $175,000 for each of the next two years.

Sununu nominates appeals board lawyer

Sununu has nominated Hopkinton lawyer Michael Klass to be the state's first justice of the land use review docket in the New Hampshire Superior Court.

Klass has served as the legal representative on the state Housing Appeals Board.

Retired Supreme Court Chief Justice Robert Lynn, R-Windham, and the state chapter of Americans for Prosperity were chiefly behind creating this new judgeship to shave the long wait for land and zoning disputes to go through the traditional superior court system.

New 1st CD hopeful

Army veteran and Derry businessman Chris Bright kicked off his GOP bid for the 1st Congressional District seat in Portsmouth on Friday.

"I am stepping away from a business that I fought every day to build from the ground up because I am frustrated with the dysfunction in Congress — and the bickering and political games — which are hurting Americans every day," Bright said.

"We need leaders who will put our country and our state first, who will work to unite Americans instead of divide them, and get things done for the American People. In Congress that is exactly what I will do, leading from the front, solving problems, and trying to bring people together."

Wheeler trims spending

Every two weeks, Executive Councilor David Wheeler, R-Milford, pores through the contracts looking for ways to trim what he sees as excess in state contracting.

Last week, Wheeler went through the 26 contracts for intensive treatment housing for those with developmental disabilities and acquired brain disorders to find the one that he decided was out of whack.

Gateways Community Services of Nashua wanted to demolish a building at 13 Buxton Road in Wheeler's hometown for three housing units at a cost of $642,170.

Wait a minute, Wheeler said. All the other projects work out to about $100,000 per unit, yet this one was over $200,000 apiece.

Wheeler convinced the council to vote this one down.

Health and Human Services Commissioner Lori Weaver said the vendor has agreed to bring it back with a fourth unit and the price tag sliced down to around $500,000.

Using federal money, Weaver said the state expects to save $25 million of expenses over a decade by creating home-grown, community-based residences to replace many who are now put in much more expensive complexes, some out of state.

Consumer advocate re-nominated

Sununu nominated one of the most thankless bureaucrats for another four-year term, Consumer Advocate Donald M. Kries of Concord.

He earns $112,700 a year running a small bureau that often goes up against utilities that have legions of lawyers, consultants, and engineers.

State Liquor Commission Chairman Joe Mollica rewarded Mark Roy of Laconia as his pick to be the next director of the Division of Marketing, Merchandising and Warehousing in the agency.

If confirmed, he would succeed Lorrie Piper of Weare.

Nearly 30 years ago, Roy started as an outlet clerk, then moved up to retail manager and is currently a spirits marketing and sales specialist.

Ramaswamy moves Biundo up food chain

At week's end, Republican presidential candidate Vivek Ramaswamy named Michael Biundo of Manchester as a senior advisor, moving him from his Super PAC.

Campaign CEO Ben Yoho said, "Michael brings decades of presidential campaign experience and is one of a handful of operatives that has helped to lead winning campaigns in both the early states of N.H. and Iowa."

Bigger AG loss estimate coming up

Agriculture Commissioner Shawn Jasper said his initial estimate of $50 million in losses due to the frost and then flooding of New Hampshire fruit and vegetable crops will be low.

On Nov. 15, the New Hampshire Cooperative Extension Service will close another survey that will come up with a higher number, Jasper said.

"We are fighting for as much as we can," Jasper said of the campaign for federal farm disaster aid.

Special ed costs report out

The New Hampshire School Funding Fairness Project has a new and startling report out on special ed costs that finds the state and federal government pick up only 18.6% of the costs with the rest, $685 million, being paid for by local property taxes.

Twenty-six school districts pay more than 25% of their budget on special education with Winchester at 42% facing the highest burden in the state.