1
INTERVIEWER:
All right, my name
is
2
Investigator Tom Desfosses, today's date is August
3
2nd, 2024. It's approximately 10:05 by my watch and
4
we are at the Attorney General's Office in Concord,
5
New Hampshire. And this is being audio recorded and
6
if we can just go around the room and have everyone
7
introduce themselves and whether or not they consent
9
INTERVIEWER:
Senior Assistant
Attorney
10
General Dan Jimenez and I'm okay being recorded.
11
INTERVIEWER:
Assistant Attorney
General Joe
12
Fincham, I'm okay with being recorded.
13
CHIEF
JUSTICE MACDONALD: Gordon MacDonald,
14
I consent to be recorded.
15
ATTORNEY
CREEGAN: Erin
Creegan, General
16
Counsel for the Judicial Branch, appearing on behalf
17
of the Chief Justice, and I consent to being
19
ATTORNEY
O'CONNELL: Scott O'Connell,
20
appearing on behalf of the Chief Justice, and I also
22
INTERVIEWER:
And I know I said
this off
23
recording, but I just want to let everyone know in
1
the room that if Attorney O'Connell, Attorney
2
Creegan, if you guys want to take a time out, or you
3
want to talk about a question, Chief Justice, if you
4
have -- want to take a time out, ask about a
5
question, then we'll step out of the room, provide
6
you any time you need, okay, understand?
7
ATTORNEY
O'CONNELL: Thank you.
8
INTERVIEWER:
All right.
9
CHIEF
JUSTICE MACDONALD: Thank you.
10
INTERVIEWER:
So Chief Justice, can
you just
11
state your name, and spell your last name just for
13
CHIEF
JUSTICE MACDONALD: Of course, it's
14
Gordon, G-O-R-D-O-N, MacDonald, M-A-C-D-O-N-A-L-D.
15
INTERVIEWER:
Thank you, and what
do you
16
currently do for work?
17
CHIEF
JUSTICE MACDONALD: I'm the Chief
18
Justice of the New Hampshire Supreme Court.
19
INTERVIEWER:
How long have you
been doing
21
CHIEF
JUSTICE MACDONALD: I've been doing
22
that since March of 2021.
23
INTERVIEWER:
So were you Chief
Justice the
2
CHIEF
JUSTICE MACDONALD: I've been, I was
3
appointed into that position, yes.
4
INTERVIEWER:
Okay, and whose
position did
6
CHIEF
JUSTICE MACDONALD: It had been vacant
7
for 19 months or so. My most immediate predecessor
9
INTERVIEWER:
Okay, who was -- was
there
10
anyone taking over those duties while there was that
12
CHIEF
JUSTICE MACDONALD: No, there was no
13
provision under statute for an Acting Chief Justice
14
or anything like that. The, the four members of the
17
CHIEF
JUSTICE MACDONALD: -- sort of
19
INTERVIEWER:
And what did you do
before you
21
CHIEF
JUSTICE MACDONALD: I was the Attorney
22
General of New Hampshire.
23
INTERVIEWER:
For how long?
1
CHIEF
JUSTICE MACDONALD: From 2017 until
2
the minute I took my current job.
3
INTERVIEWER:
Well, and could you
just,
4
what's the difference between the Chief Justice and
6
CHIEF
JUSTICE MACDONALD: The Chief Justice
7
really has two roles, one is to be a member, a member
8
of a five-member court, and in that position you're
9
really an equal with the others in terms of acting as
10
the final court in the State of New Hampshire. We
11
have one Appellate Court, so we act together in
12
deciding appeals. The other aspect of the job of
13
Chief Justice is under our Constitution the Chief
14
Justice serves as effectively the administrative head
15
of the Judicial Branch.
16
INTERVIEWER:
So you're Head
Administrator
17
as long as, and as well as being --
18
CHIEF
JUSTICE MACDONALD: Um-hum.
19
INTERVIEWER:
-- one of five, is
that right?
20
CHIEF
JUSTICE MACDONALD: Exactly, and --
21
and I just want to make clear in discharging my
22
administrative job I do consult and interact with my
23
colleagues on the Supreme Court regularly.
1
INTERVIEWER:
Yeah, so it's not,
you know,
2
you're the Grand Poohbah dictating what goes on, it's
3
more of your collaborative process?
4
CHIEF
JUSTICE MACDONALD: We do work
7
CHIEF
JUSTICE MACDONALD: -- administrative
9
INTERVIEWER:
And, you know, I --
what are
10
you guys, are the Chief, are the Justices of the
11
Supreme Court, are they all on Hazen Drive, or do you
12
have offices here at 1 Granite Place?
13
CHIEF
JUSTICE MACDONALD: The, all of us are
14
located in one location --
16
CHIEF
JUSTICE MACDONALD: -- on, it's 1
17
Charles Doe Drive which is off Hazen Drive, but we
18
all have chambers there and our chambers are in the
21
CHIEF
JUSTICE MACDONALD: So we work
23
INTERVIEWER:
So I'm just gonna get
right
1
into it, in -- in June of, in and around early June
2
of this year, do you recall being called by Governor
3
Sununu regarding a visitor that he had?
4
CHIEF
JUSTICE MACDONALD: Yes.
5
INTERVIEWER:
Can you just go
through that
6
in a linear fashion about how that came about?
7
CHIEF
JUSTICE MACDONALD: Sure, there were
9
INTERVIEWER:
Okay, okay.
10
CHIEF
JUSTICE MACDONALD: The Governor
11
called me and told me that Justice Hantz Marconi
12
wanted to come and see him and that he was going to
15
CHIEF
JUSTICE MACDONALD: And then some
16
short, relatively short period of time later he
17
called me back about that meeting.
18
INTERVIEWER:
What was the
conversation
19
between you and him when he said that the Associate
20
Justice is gonna come speak to him?
21
CHIEF
JUSTICE MACDONALD: My memory is it
22
was very brief. My memory is that's news to me. I,
23
I said that's news to me.
2
CHIEF
JUSTICE MACDONALD: I want to limit it
3
there 'cause that's my only clear memory.
4
INTERVIEWER:
Yeah, and whatever
you
5
remember. If you don't recall anything else, that's
6
perfectly fine. Just we want what's the best of your
7
memory. But it was a brief conversation, fair to
9
CHIEF
JUSTICE MACDONALD: Very brief.
10
INTERVIEWER:
And you, you said,
you
11
mentioned that you told the Governor that it was a
13
CHIEF
JUSTICE MACDONALD: Um-hum.
14
INTERVIEWER:
Was it actually
--
15
CHIEF
JUSTICE MACDONALD: Words to the
16
effect that's news to me. I did not know she was
17
going to see the Governor.
18
INTERVIEWER:
Okay, so that's
something no
19
one cleared with you or told you beforehand?
20
CHIEF
JUSTICE MACDONALD: Correct.
21
INTERVIEWER:
And then you said
that there's
22
a, a follow-up phone call shortly thereafter from the
23
Governor. Can you just tell us what that
2
CHIEF
JUSTICE MACDONALD: Well, let me say
3
at the outset, there were, there were sort of two
6
CHIEF
JUSTICE MACDONALD: The first part was
7
a read-out of what had occurred when Justice Hantz
8
Marconi was there, and then a second part which I
9
think was actually the majority of the conversation
10
was relating to a Governor and Council meeting that
11
was gonna come up at the Supreme Court and I mean --
12
ATTORNEY
CREEGAN: Doesn't relate to this
14
INTERVIEWER:
Yeah, it was a
separate issue,
15
Governor and Council meeting, that was gonna happen
17
CHIEF
JUSTICE MACDONALD: Yeah, and it's,
18
it's relevant only because --
19
ATTORNEY
CREEGAN: Do
you want to discuss it
21
CHIEF
JUSTICE MACDONALD: Sure.
22
ATTORNEY
CREEGAN: --
would you like to
23
discuss it with Scott and I, or do you think --
1
CHIEF
JUSTICE MACDONALD: It was like six
4
CHIEF
JUSTICE MACDONALD: And so the timing
5
was a little bit less than ideal.
7
CHIEF
JUSTICE MACDONALD: And, and he, he
8
told me the circumstances by which the G&C meeting
9
got scheduled and how, you know, it probably -- I'll
10
just leave it at that, and --
11
INTERVIEWER:
Yeah, just so I, just
so I
12
make sure I have it correct there's gonna be a G&C
13
meeting, a Governor and Executive Council meeting
14
scheduled. Sorry, I -- I do that sometimes and that
15
was gonna be six days later at the Supreme Court?
16
CHIEF
JUSTICE MACDONALD: Yes.
17
INTERVIEWER:
And there was
discussions
18
about administrative stuff related to that?
19
CHIEF
JUSTICE MACDONALD: There the
20
Governor's Office had a few days prior to this
21
reached out to us and asked whether the Supreme Court
22
would be willing to host a breakfast for the Governor
23
and Council. Governor and Council routinely has
1
breakfast meetings and then they have their regular
2
meetings. And the Governor and Council breakfast
3
meetings rotate among State agencies. And so,
4
although it was relatively at the last minute, we
5
agreed and, and we're prepared to hold the breakfast
7
INTERVIEWER:
Yeah, so that's just
kind of
8
administrative stuff afterwards?
9
CHIEF
JUSTICE MACDONALD: Yeah.
10
INTERVIEWER:
And that was the bulk
of the
12
CHIEF
JUSTICE MACDONALD: Those two --
13
INTERVIEWER:
Yeah, those two
pieces?
14
CHIEF
JUSTICE MACDONALD: Yes.
15
INTERVIEWER:
And what was the, in
relative
16
to the read-out of Justice Hantz Marconi's visit,
17
what was the read-out of that?
18
CHIEF
JUSTICE MACDONALD: So my memory
19
sitting here today is there were really three, three
20
points that I heard and, and retained. The first was
21
she complained about the Attorney General. She
22
complained, I remember, and this is the Governor
23
telling me what she said.
2
CHIEF
JUSTICE MACDONALD: And she said that
3
he, that the Attorney General was weak and that he
4
was being very political. The second thing that in
5
my memory I've retained is that the Governor told me
6
that she said she knew everything that her husband
7
knew, everything that her husband knew.
9
CHIEF
JUSTICE MACDONALD: And the third
10
thing was that she told the Governor that she is
11
recused in 40 percent of the cases and that there are
12
important cases, and that all of this is creating a
13
burden on her colleagues.
14
INTERVIEWER:
Does that include
you?
15
CHIEF
JUSTICE MACDONALD: Yes.
16
INTERVIEWER:
Like, yeah, and
anything else?
17
CHIEF
JUSTICE MACDONALD: It's, it's all I
18
really remember about the substance.
19
INTERVIEWER:
Yep, did you say
anything back
20
in response to any of those statements by the
22
CHIEF
JUSTICE MACDONALD: Yes, I responded
1
INTERVIEWER:
And which point was
that?
2
CHIEF
JUSTICE MACDONALD: The point about
3
recusals and burden on her colleagues.
4
INTERVIEWER:
What was your
response?
5
CHIEF
JUSTICE MACDONALD: I said, Governor,
6
I just want to be very clear, these words to the
7
effect, I can't quote you exactly. Governor, I just
8
want to be very clear, we have policies and
9
procedures in place to deal with disqualifications.
10
We will get the work done. We will serve the people
11
of New Hampshire, and it is no burden on us to do our
13
INTERVIEWER:
Words to that effect,
yeah.
14
CHIEF
JUSTICE MACDONALD: Words to that
16
INTERVIEWER:
And recusals happen
on the
17
Supreme Court, is that fair to say?
18
CHIEF
JUSTICE MACDONALD: Yes.
19
INTERVIEWER:
You know, is it fair
to say
20
that for a period of time you recused yourself from,
21
from the Attorney General's Office cases once you
23
CHIEF
JUSTICE MACDONALD: That is correct.
1
INTERVIEWER:
You know, and that's
because
2
you're the ultimate decision-makers over here, right?
3
CHIEF
JUSTICE MACDONALD: I, I felt it was,
4
it was appropriate under, under all the authorities
5
that govern judicial disqualification for me to
6
disqualify myself in cases that were in this office
7
at the time I served as Attorney General.
8
INTERVIEWER:
So in that
conversation she,
9
she mentioned our investigation here. Prior to your
10
conversation with the Governor, was there any
11
conversations with Justice Hantz Marconi about what
12
she knew, or didn't know about our investigation?
13
ATTORNEY
CREEGAN: Between herself and him?
14
INTERVIEWER:
Yep, between herself
and you?
15
CHIEF
JUSTICE MACDONALD: Yes.
16
INTERVIEWER:
Can you just expound
on that?
17
CHIEF
JUSTICE MACDONALD: My memory today is
18
I can recall three instances. Oh, prior to the
20
INTERVIEWER:
Yeah, prior to the
Governor's?
21
CHIEF
JUSTICE MACDONALD: -- okay, two. The
22
first instance, I want to make sure, can you ask the
2
CHIEF
JUSTICE MACDONALD: I want to make
5
CHIEF
JUSTICE MACDONALD: -- because I got
7
INTERVIEWER:
Yeah, no, no, it's
okay.
8
ATTORNEY
CREEGAN: They
obviously had a lot
9
of conversations about recusal. Do you mean to ask
10
when she, when she had knowledge of something
12
INTERVIEWER:
Yeah, when did she
have
13
knowledge of something specific as to the
14
investigation and whether she relayed that to you,
16
CHIEF
JUSTICE MACDONALD: Yeah.
17
ATTORNEY
CREEGAN: Essentially the, the
18
first time she would have indicated to you that she
19
had awareness that there was a criminal
21
INTERVIEWER:
Yeah, the first time
and then
23
CHIEF
JUSTICE MACDONALD: That she was aware
1
there was a criminal case?
3
CHIEF
JUSTICE MACDONALD: Okay, at some
4
point during the month of May she told me there are
5
grand jury subpoenas being issued.
6
INTERVIEWER:
Anything else in
regards to
8
CHIEF
JUSTICE MACDONALD: Three to four
9
weeks ago she told me the same thing.
10
ATTORNEY
O'CONNELL: Just to be clear that
11
was after the discussion you had with the Governor
12
that you've already described?
13
CHIEF
JUSTICE MACDONALD: Correct, it was in
15
INTERVIEWER:
Okay, thank you,
Scott. Did
16
you have a conversation with her about her meeting
17
with the Governor after the meeting?
18
CHIEF
JUSTICE MACDONALD: No.
19
INTERVIEWER:
Joe, any
follow-ups?
20
INTERVIEWER:
I thought you said
that there
21
were two instances when you spoke to her prior to the
22
Governor, one was in May she said there were grand
23
jury subpoenas being issued. What was the other?
1
CHIEF
JUSTICE MACDONALD: I was confused on
4
CHIEF
JUSTICE MACDONALD: And I'm sorry, I
5
-- the timeline, there were two instances where, at
6
least two that I remember, where she said that the
7
grand jury subpoenas had been issued. One was in
8
May, and the second was in July which as Attorney
9
O'Connell's pointed out, is after the meeting with
11
INTERVIEWER:
Okay, so there's only
one
12
prior to the Governor?
13
CHIEF
JUSTICE MACDONALD: That I remember
15
INTERVIEWER:
You said that that,
those were
16
the times that she was aware of a criminal
17
investigation. Did she ever tell you that she
18
suspected there was a criminal investigation?
19
CHIEF
JUSTICE MACDONALD: Not to my memory.
21
ATTORNEY
CREEGAN: And
if this conversation
22
jogs his memory in any way, we'll be sure to
1
INTERVIEWER:
Yep, you can always,
you can
2
always supplement if you feel as before Joe asks
3
another question, if you know, memory is jogged you
4
can always come back and let us know if you remember
5
something. Obviously you can step out. Here if you
6
remember something you can always get back to us,
8
CHIEF
JUSTICE MACDONALD: Thank you.
9
INTERVIEWER:
And, and I know
walking into
10
this that, you know, you didn't know exactly the
11
questions but again, after our questions, you'll sort
12
of know the topics that we're interest in so --
14
INTERVIEWER:
-- feel free to
supplement
15
later. Normally in recusals there's not really a
16
public statement about why a particular justice is
17
recusing at times, is that correct?
18
CHIEF
JUSTICE MACDONALD: That's correct.
19
INTERVIEWER:
There was a statement
publicly
20
about Justice Hantz Marconi's initial recusal from
21
cases involving the Attorney General, is that
23
CHIEF
JUSTICE MACDONALD: That's correct.
1
INTERVIEWER:
Who made the decision
to issue
3
ATTORNEY
CRREGAN: I'm
sorry, I don't know,
4
I don't know if you can answer how you deliberated on
5
this issue, if you decided it. Is there, is there a
6
way, is there something that you're getting at that
7
you can maybe ask a little more directly in terms
9
INTERVIEWER:
Was this --
10
ATTORNEY
CREEGAN: --
are you asking, for
11
example, Justice Hantz Marconi took some action?
12
INTERVIEWER:
Right, this is a
deviation
13
from sort of normal policy, did Justice Hantz Marconi
14
request this sort of special action in this case, to
15
put out a public statement about why she was recusing
17
ATTORNEY
CREEGAN: I
think you could
18
probably say a yes or no, but then that might be all
19
that you can do for this, is that all right? Do you
20
want to talk about it?
21
ATTORNEY
O'CONNELL: Can
we just have two
23
INTERVIEWER:
Yeah, of course.
Yeah, of
1
course, perfectly fine.
2
INTERVIEWER:
Do you want me to
pause the --
4
INTERVIEWER:
Thank you.
5
INTERVIEWER:
And we'll just note
the time.
6
INTERVIEWER:
All right, so it is
10:22 by
7
my watch and I'm going to pause the recording.
9
INTERVIEWER:
Okay, the recording
is back on
10
and it is approximately 10:25 by my watch. All the
11
parties that were here previously are back again.
12
And has anything changed with consent to recording?
14
CHIEF
JUSTICE MACDONALD: No.
15
ATTORNEY
O'CONNELL: No.
17
INTERVIEWER:
Okay, thank
you.
18
ATTORNEY
CREEGAN: Okay,
Joe, just repeat
20
INTERVIEWER:
Yes, Mr. Chief
Justice, we had
21
talked about how normally there aren't public
22
statements put out about reasons for recusal, but
23
there was one with Justice Hantz Marconi's recusal,
1
and I'd asked if that was as a result of any
2
requests, specific requests by Justice Hantz Marconi?
3
CHIEF
JUSTICE MACDONALD: No.
4
INTERVIEWER:
The public statement
said that
5
the recusal was because of the Attorney General's
6
Office civilly advising the Pease Development
7
Authority with regard to the employment of Justice
8
Hantz Marconi's husband, Geno Marconi.
9
ATTORNEY
CREEGAN: I
think it may have been
10
more ambiguous but it said advising, that the
11
Attorney General's Office is involved or something
12
with regard to the situation of her spouse. It may
13
have been ambiguously worded because it was obviously
15
INTERVIEWER:
It, it was fairly
broad but it
16
was about this office advising the Pease Development
17
Authority, that was the language that was used. And
18
as you know from your time as Attorney General, the
19
Civil Bureau is the one that advises government
20
agencies, correct? The Criminal Bureau doesn't
21
really advise agencies, we don't give agency advice,
22
we're not client counseling.
23
CHIEF
JUSTICE MACDONALD: Again, I -- I
1
would be uncomfortable asking, answering these
2
questions without having that statement in front of
3
me I'm, I'm not sure what the language, exact
4
language we used, but I agree with you that the Civil
7
ATTORNEY
CREEGAN: Well,
since Justice
8
Marconi hasn't requested the statement, is there
9
something else you want to ask with regard to what
10
she may have done or --
11
INTERVIEWER:
Yeah, I'm just
wondering why
12
the difference between the public statement, or if
13
there was some discussion, or if she kept some
14
information about the criminal investigation away
15
from the public statement, so she tells you that the
16
grand jury subpoenas are being issued before you
17
talked to the Governor, and was that before her
18
recusal off of the cases, or was it after that she
19
told you there was grand jury subpoenas?
20
CHIEF
JUSTICE MACDONALD: She recused or
21
disqualified herself before that statement was made.
22
INTERVIEWER:
Okay, that answers it
then.
23
So you had no indication from her that there was a
1
criminal investigation at the time that statement was
3
ATTORNEY
CREEGAN: Do,
do you remember the
5
INTERVIEWER:
It was the date of
her
6
recusal, I can pull it up.
7
ATTORNEY
CREEGAN: Oh, I
-- I don't, I don't
8
know if that was the date of her recusal. Her
9
recusal was very close in time to her husband being
11
ATTORNEY
O'CONNELL: I
believe it was May
13
ATTORNEY
CREEGAN: Is
the statement?
14
ATTORNEY
O'CONNELL: I
believe so.
15
ATTORNEY
CREEGAN: Okay,
I -- I don't want
16
to put too much in here but I think her first
17
recusals were off of oral arguments that were made on
19
INTERVIEWER:
Right, I remember the
nurse is
20
one of them so the public statement goes out May 9th,
21
approximately, and it was some time in early May that
22
she told you grand jury subpoenas were being issued.
23
I'm just wondering if it was before or after?
1
ATTORNEY
CREEGAN: Sorry, just -- just a
2
correct, he would -- the timing in May --
3
INTERVIEWER:
I said May,
May.
4
CHIEF
JUSTICE MACDONALD: I don't know when
6
INTERVIEWER:
Okay, you said that
she said
7
that she knew everything her husband knew.
8
ATTORNEY
O'CONNELL: That's what the
10
INTERVIEWER:
Or the Governor told
you that
11
she said she knew everything her husband knew. Did
12
the Governor elaborate on what exactly she knew, or
13
just was that sort of the general statement of just,
14
she just knew everything her husband knew?
15
CHIEF
JUSTICE MACDONALD: That's the
18
CHIEF
JUSTICE MACDONALD: And it stuck with
20
INTERVIEWER:
Did the, in your
first call
21
with the Governor, did the Governor indicate why she
22
had requested a meeting?
23
CHIEF
JUSTICE MACDONALD: No, not that I
2
INTERVIEWER:
Did he say whether it
was
3
personal or professionally related?
4
CHIEF
JUSTICE MACDONALD: I really, I'm --
5
I'm sorry, I want to think about that interaction.
7
CHIEF
JUSTICE MACDONALD: I just have no
8
clear memory of exactly what he said.
9
INTERVIEWER:
It's perfectly
fine.
10
INTERVIEWER:
Did the Governor ask
you if
11
you knew what the meeting was about?
12
CHIEF
JUSTICE MACDONALD: I don't remember
13
but if he had I would have said no.
14
INTERVIEWER:
Okay, and you said
that you
15
never spoke to her about her meeting with the
16
Governor afterwards, correct?
17
CHIEF
JUSTICE MACDONALD: Correct.
18
INTERVIEWER:
And I assume that
means, or I
19
don't want to assume so I'm asking this question, so
20
she never spoke to you or told you that she had met
22
CHIEF
JUSTICE MACDONALD: That's correct.
23
ATTORNEY
CREEGAN: You
can take a second.
1
INTERVIEWER:
Well, I think, Tom,
if you've
3
ATTORNEY
CREEGAN: Do
you all want to talk
4
and see if you have anything else to ask?
5
INTERVIEWER:
I'm, I'm fine. Tom,
do you
7
INTERVIEWER:
Just kind of a basic
question.
8
What is, is there a typical schedule that an
9
Associate Justice would follow for a work schedule?
10
CHIEF
JUSTICE MACDONALD: In other words you
11
have to show up at a certain time, is that what
13
INTERVIEWER:
Yeah, like Monday
through
15
CHIEF
JUSTICE MACDONALD: Yeah.
16
INTERVIEWER:
-- sort of --
17
ATTORNEY
CREEGAN: If
wishing made it so.
18
CHIEF
JUSTICE MACDONALD: No required work
19
schedule, each -- I think each Justice has their own
20
work schedule so but there's nothing required if
21
that's your question. Each Justice I think it's fair
22
to say has their own pattern of when they come in and
23
when they go, go home.
2
CHIEF
JUSTICE MACDONALD: Is that, is that
4
INTERVIEWER:
Yeah, so throughout
the day
5
they can leave if they need to.
6
CHIEF
JUSTICE MACDONALD: Sure.
7
INTERVIEWER:
They can come back if
they
9
CHIEF
JUSTICE MACDONALD: Absolutely, yes.
10
INTERVIEWER:
You don't have a time
card
11
that you can punch out every, every time you leave,
13
CHIEF
JUSTICE MACDONALD: No.
14
INTERVIEWER:
Okay, are there any
policies
15
or procedures regarding professional, or using the
16
court's email for private purposes, personal
18
ATTORNEY
CREEGAN: Not
really.
19
CHIEF
JUSTICE MACDONALD: I don't think so.
21
CHIEF
JUSTICE MACDONALD: But --
22
INTERVIEWER:
We'll follow up with
Erin, or
1
ATTORNEY
CREEGAN: We'll, we'll look into
3
ATTORNEY
O'CONNELL: We
will follow up with
4
General Counsel afterwards about that specific
6
ATTORNEY
CREEGAN: Yeah,
I can hunt around
7
and see if I can find anything.
8
ATTORNEY
O'CONNELL: Okay.
9
INTERVIEWER:
The last question is
the
10
roughly 40 percent of the cases that was referenced
11
in the recusal, is that fairly accurate, or is that
12
-- how does that compare to what you can speak to?
13
CHIEF
JUSTICE MACDONALD: Yeah, it strikes
14
me as low. I -- we could certainly get you the exact
15
number but it, it strikes me as low. I think it's,
16
you know, the volume of cases from the Attorney
17
General's office is, is fairly significant so to
18
answer your question is I believe that's not
19
accurate, and the number is probably higher.
21
INTERVIEWER:
Forgive me if I've
already
22
asked this, Mr. Chief Justice, you referenced the two
23
conversations about subpoenas with Justice Hantz
1
Marconi, you're saying that's when she was, indicated
2
she was aware of the criminal investigation?
3
CHIEF
JUSTICE MACDONALD: Those were her
6
CHIEF
JUSTICE MACDONALD: Grand, that grand
7
jury subpoenas had issued.
8
INTERVIEWER:
Okay, were there ever
any
9
other conversations with her where she indicated she
10
suspected there was a criminal investigation into her
11
husband that you recall?
12
CHIEF
JUSTICE MACDONALD: Not that I
14
INTERVIEWER:
Okay, and then one
final
15
question, when the Governor called you and told you
16
about the conversation with Justice Hantz Marconi,
17
specifically about the recusal and the burden on the
18
colleagues which you indicated that you disagreed
19
with, how did that make you feel?
20
ATTORNEY
CREEGAN: I
don't know if it's a
22
CHIEF
JUSTICE MACDONALD: I'm happy to
1
ATTORNEY
CREEGAN: It's
up to you.
2
CHIEF
JUSTICE MACDONALD: I was angry, I was
5
CHIEF
JUSTICE MACDONALD: Because we're
6
gonna get the job done, we're gonna get the job done
7
for the people of New Hampshire.
8
INTERVIEWER:
Thank you.
9
INTERVIEWER:
Thank you, sir,
that's it.
10
INTERVIEWER:
We can go off
recording now.
11
INTERVIEWER:
It's 10:36 and the
recording