Above the Law — How New Hampshire’s Attorney General Protects Power Instead of the Public

By Jeffrey T. Clay

For years, New Hampshire residents have been told that the law applies equally to everyone—that no public official, no attorney, no government insider is above accountability. But today, that promise lies shattered. Under the leadership of Attorney General John M. Formella and Assistant Attorney General Thomas Velardi, the New Hampshire Department of Justice has demonstrated a disturbing pattern: when wrongdoing involves government officials or government attorneys, the AG’s office simply refuses to act.

This isn’t speculation. It’s documented reality.

For more than two years, I have submitted detailed evidence—court transcripts, RTK rulings, sworn filings, contradictory public documents, and letters from the Town of Newmarket itself—showing potential violations of some of the most basic public integrity laws in the state:

- Tampering with public records (RSA 641:7)
- Unsworn falsification (RSA 641:3)
- False statements (RSA 641:1)
- Obstruction of government administration (RSA 642:1)
- Official oppression (RSA 643:1)
- Violations of RSA 91-A
- Misrepresentations to the courts and the public

These are not minor allegations. They go to the heart of government honesty, transparency, and public trust.

Yet the Attorney General’s Office has done nothing.

No investigation.
No findings.
No interviews.
No document requests.
No explanation.

Just silence, delay, deflection—and protection of the very individuals the law is supposed to restrain.

A Pattern of Protection, Not Enforcement

Instead of exercising their clear authority to investigate misconduct by municipal officials and government-connected attorneys, AG Formella and AAG Velardi have:

1. Refused to open a formal investigation
Despite receiving overwhelming evidence from multiple sources, including a formal Ombudsman ruling contradicting Newmarket’s statements, the Attorney General’s Office has avoided action at every turn.

2. Repeatedly attempted to send the case to “local law enforcement.”
This, despite knowing that:

- The Rockingham County Attorney has no ability to investigate due to resource limitations.
- The Newmarket Police Department cannot investigate its own officials.
- Every county attorney is inherently conflicted where municipal attorneys and municipal officials are involved.

The AG’s office knows this—yet continues to point fingers elsewhere.

3. Hid behind the excuse of “ongoing civil litigation.”
There is no law, policy, or rule that suspends criminal review because of a civil case. Crimes do not pause simply because a lawsuit exists.

The only thing “ongoing” is the Attorney General’s refusal to confront misconduct in government.

When Public Officials Mislead the Court, the AG Should Act—Not Hide

Public trust in any justice system collapses when government actors can:

- issue false public documents,
- misrepresent facts to the Superior Court,
- conduct secret government business through email,
- deny required public records,
- and obstruct lawful access to information—

all without consequence.

Yet that is precisely what the New Hampshire Attorney General is allowing to happen.

Every day that Formella and Velardi refuse to act sends a clear message:

If you are a government official or a government attorney in New Hampshire, you are beyond accountability.

They don’t have to follow transparency laws.
They don’t have to keep public records.
They don’t have to tell the truth to the public or the courts.
And the Attorney General will make sure nothing happens to them.

This Is Not Oversight — It Is Abdication

The Attorney General’s most fundamental duty is to uphold the law especially when it is violated by those in power. Instead, the AG’s office has carved out an unwritten rule:

Government officials get the benefit of protection.
Citizens get the burden of compliance.

This is the very definition of a two-tiered justice system.

It is corrosive.
It is dangerous.
It is un-American.

And it is happening right now in New Hampshire.

The People Deserve Better

Every resident of this state—Democrat, Republican, Independent, or otherwise—should be alarmed by what this reveals:

- A public body admitted to approving a settlement by illegal email vote.
- No minutes exist.
- Contradictory statements were made to a judge.
- A public document was proven false by the Ombudsman.
- Attorneys made representations that cannot be reconciled with the record.
- And the Attorney General refuses to investigate any of it.

This is not how justice works. This is how corruption survives.

A Final, Necessary Truth

When the Attorney General shields government actors from accountability, those actors become untouchable.

When they are untouchable, they become unaccountable.
And when they are unaccountable, they become above the law.

Today in New Hampshire, that is exactly what has happened.

And the blame rests squarely with Attorney General John Formella and Assistant Attorney General Thomas Velardi, who have abandoned their role as guardians of the law and chosen instead to act as guardians of government misconduct.

The people of New Hampshire deserve better. And they deserve it now.