AG, feds discover racist statements directed at state rep don’t rise to prison act, civil rights violation

By Jason Wilson Last updated Jul 21, 2021

New Hampshire Attorney General John Formella said Tuesday that after extensive scrutiny, his office had not found enough evidence to launch a criminal charge or civil rights lawsuit against an avowed white racist group using racist nicknames against a Hispanic Prosecutor came to the same conclusion. State Rep. Manny Espitia, D-Nashua, president of the New Hampshire Young Democrats, said he was disappointed with the results but appreciated the efforts of the attorney general and federal investigators to keep the Nashua Police Department review of the matter “ongoing.” Espitia was targeted in an attack in May after posting graffiti on social media with white supremacist messages he saw along the Rail Trail in his hometown of New England White, “Defend New England” and “Death to.” Israel”. “For people who think we live in a ‘color blind society’, you are dead wrong. This happened in my district and in (one) mostly Latino neighborhood, ”Espitia wrote in a tweet accompanying his photo of the graffiti. The group NSC-131 (Nationalist Social Club) responded to Espitia in a post on a platform called Telegram: “Anyone with a name like ‘Manny Espitia’, state representative or not, has no moral right to shadow a real (white) nationalist Throwing New Hampshirite. You have no right to be here, you are an occupier here and the days of these guys trampling New England are coming to an end. ” New Hampshire House Democratic leader Renny Cushing of Hampton immediately alerted the attorney general to the incident. Espitia said he went to the FBI and the Nashua Police. Formella wrote in a letter to Espitia that after a full review of the complaint, “Although the statement is offensive, disturbing and hateful, with no evidence of a direct threat, this is the one.” vague nature of the testimony it is under the protection of the freedom of expression clauses of the New Hampshire and United States Constitutions. ”In a statement, Formella added,“ The white nationalist statements directed against MP Espitia are hateful, offensive and have no place in New Hampshire. ”Inadequate evidence to file a criminal complaint or civil rights lawsuit in this case, the Justice Department takes these incidents very seriously. We will remain vigilant in our mission to ensure that appropriate action is taken when the evidence and the law permit. “Formella wrote that” after careful consideration, both the United States Attorney General and the Attorney General’s Office have come to the conclusion that there is not enough evidence to prove that the poster intended the statements to be a direct threat to “state statutes.” “However, these statements are clearly offensive, hurtful and not representative of the values of our state,” wrote Formella. “If you hear any further statements or activities from this or any other similar group, please do not hesitate to contact his office.” The full letter can be read here The Civil Rights Unit of his office also checked whether the attack was against a bund Violated state law that threatened government officials and the New Hampshire Civil Rights Act, which prohibits one person from interfering with another person’s rights “through actual or threatened physical violence, property damage”. or property theft based on race, religion, national origin, race, sexual orientation, gender, gender identity, or disability A crime or violation of the Civil Rights Act has been committed. ”The attorney general wrote that an investigator was then assigned, but based on her Review that the office concluded that the NSC-131 statement did not result in criminal conduct as the state could not prove beyond doubt that the poster threatened assault or harm against Espitia, and the office should have proven that Poster with the threat of violence Espitia should be terrorized and that the threat was “motivated by animus towards a protected class”. “The attorney general must demonstrate all three elements with clear and convincing evidence,” wrote Formella. He wrote that the state and US constitutions “offer broad protections for speech, including abusive and even hateful speech. The United States Supreme Court has recognized that similar language is protected under the Freedom of Expression Clause in the First Amendment. ”Espitia:“ Disappointed but I understand ”“ I appreciate that the Attorney General takes this very seriously. I’m disappointed, but I understand, ”said Espitia WMUR in a telephone interview. “But I think we have to make sure we take the supremacy of whites in New Hampshire seriously, investigate it further and hopefully punish anyone responsible for it.” I hope I don’t have to send them anything more in the future ” said Espitia. “I hope it ends here, but we have to remain vigilant.” “I am grateful and appreciate everyone’s support for me and my family during this time.”

CONCORD, NH –

Formella said the U.S. Attorney’s Office came to the same conclusion.

State Representative Manny Espitia, D-Nashua, president of the New Hampshire Young Democrats, said he was disappointed with the results but appreciated the efforts of the attorney general and federal investigators.

Espitia also told WMUR that a review by the Nashua Police Department was “ongoing”.

Espitia was attacked in May after posting graffiti on social media with white supremacist messages he saw along the Rail Trail in his hometown. These messages included “Keep New England White,” “Defend New England,” and “Death To Israel.”

“For people who think we live in a ‘color blind society’, you are dead wrong. This was done in my district and in (one) mostly Latino neighborhood, ”Espitia wrote in a tweet accompanying his photo of the graffiti.

The NSC-131 (Nationalist Social Club) group responded to Espitia in a post on a platform called Telegram:

“Anyone with a name like ‘Manny Espitia’, state representative or not, has no moral right to cast shadows on a real (white) nationalist New Hampshirite. You have no right to be here, you are an occupier here and today” this one Trampling in New England is coming to an end. ”

New Hampshire House Democratic leader Renny Cushing of Hampton immediately alerted the attorney general to the incident. Espitia said he went to the FBI and the Nashua Police Department

Formella wrote in a letter to Espitia that after a thorough review of the complaint:

“Although the statement is offensive, disturbing, and hateful, with no evidence of direct threat, the vague nature of the statement puts it under the protection of the freedom of expression clauses of the New Hampshire and United States Constitution.”

In a statement, Formella added, “The white nationalist statements targeting MP Espitia are hateful, offensive and have no place in New Hampshire.

“While there is not enough evidence to file a criminal complaint or civil rights lawsuit in this case, the Justice Department takes these incidents very seriously. We will remain vigilant in our mission to ensure that appropriate action is taken when the evidence and the law permit. ”

Formella wrote that “Both the Attorney General and the United States Attorney’s Office, after careful consideration, have concluded that there is insufficient evidence to prove that the poster intended the statements to pose a direct threat to” Bylaws ” represent.

“However, these statements are clearly insulting, hurtful and not representative of the values of our state,” wrote Formella. “If you come across any further statements or activities from this group or any other similar group, please do not hesitate to contact his office.”

You can read the full letter here.

Formella wrote that his office’s Public Integrity Unit and Civil Rights Unit both checked to see if the attack violated a state law that threatens government officials and the New Hampshire Civil Rights Act, which prohibits a person from being in encroach on another person’s rights. through actual or threatened physical violence, property damage or trespassing due to race color, religion, national origin, descent, sexual orientation, gender, gender identity or disability.

Formella wrote that the bureau initially determined that there was “reasonable suspicion” that further investigation would lead to a “likely cause of a crime or a violation of the Civil Rights Act.”

The attorney general’s office wrote that an investigator was then appointed, but based on their review, the office concluded that the NSC-131 statement did not result in criminal behavior because the state could not conclusively demonstrate that the poster posed a physical threat Injury or damage to Espitia.

Formella went on to write that in order to prove a violation of the Civil Rights Act, his office would have been required to prove the violence threatened by the poster intended to terrorize Espitia, and that the threat was “motivated by animus against a protected class.”

“The attorney general must demonstrate all three elements with clear and convincing evidence,” wrote Formella.

He wrote that the state and US constitutions “offer broad protections for speech, including abusive and even hateful speech. The United States Supreme Court has recognized that similar language is protected under the Free Speech Clause of the First Amendment. “

Espitia: “Disappointed, but I understand”

“I appreciate that the Attorney General takes this very seriously. I’m disappointed, but I understand, ”said Espitia WMUR in a telephone interview.

“But I think we need to make sure we take white supremacy in New Hampshire state seriously, investigate it further, and hopefully punish anyone responsible for it.

“I hope I don’t have to send them anything in the future,” said Espitia. “I hope it ends here, but we have to stay vigilant.”

“I am grateful and appreciate everyone’s support for me and my family during this time.”

Courtesy of NHYD

State Representative Manny Espitia, D-Nashua