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A look at how some of Trump's picks to lead health agencies could help carry out Kennedy's overhaul
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Attorney General John Formella, who previously served as Gov. Chris Sununu’s legal counsel, should be disqualified from a high stakes criminal case brought against a sitting Supreme Court justice, defense attorneys argued Monday. They contend that Sununu will be a key witness in the case against Anna Barbara Hantz Marconi, should it go to trial, and that Formella’s ties to Sununu present a conflict of interest. Sununu appointed Hantz Marconi to the state Supreme Court in 2017. She’s now accused of attempting to sway him into intervening in an ongoing investigation into her husband, Geno Marconi , the state ports director. During a hearing Monday, Richard Guerriero, Hantz Marconi’s lawyer, said that the attorney general cannot be impartial and fair, given his past work representing Sununu as his personal attorney and then serving as his attorney general. “His personal interests are directly tied to this very powerful and important witness,” Guerriero told the court. Guerriero argued that if the indictments aren’t dismissed, a special prosecutor should take over the case, to avoid a real or perceived conflict of interest. State prosecutors told Merrimack County Superior Court Judge Martin Honigberg that the case should proceed, arguing that Hantz Marconi’s claims that Formella cannot oversee the state Department of Justice and bring a legal case against her would set an unworkable precedent. “What the defense is asking for in this case is immunity,” said Joe Fincham, an assistant attorney general for the state. “That if you commit a crime in front of the governor, or any other high ranking client of the Attorney General, you are immune from prosecution in the state of New Hampshire.” The state also noted in legal filings that Sununu will leave office and return to being a private citizen starting in January, well before Hantz Marconi’s case would go to trial. Hantz Marconi was in the courtroom Monday, but did not address the court. She declined questions from reporters after the hearing. She waived her arraignment and entered a "not guilty" plea to the charges against her: two counts of improper influence, a felony, and five additional misdemeanors including criminal solicitation and obstructing government administration. Honigberg did not make an immediate ruling on her lawyer’s request to either dismiss the indictments or bar the Department of Justice from prosecuting the case. Hantz Marconi was indicted in October on allegations that she attempted to improperly influence an investigation into her husband when she met privately with Sununu and his personal attorney. The justice allegedly told Sununu during that June meeting that there was no merit to the allegations against her husband, Geno Marconi, and that her forced recusal from a majority of cases was harming the functioning of the state Supreme Court. A day after the indictments against Hantz Marconi were released, Geno Marconi was indicted by a Rockingham County grand jury for allegedly obtaining and disclosing confidential records involving Neil Levesque, who serves on the Pease Development Authority’s board of directors and is also the head of the Institute of Politics at Saint Anselm College. (The PDA board oversees the Division of Ports and Harbors, where Marconi has worked since 1995.) Marconi allegedly shared those records with a co-defendant, Bradley Cook, who served alongside Marconi on a port advisory committee. It isn’t clear what records Marconi allegedly obtained and shared or what he planned to do with those documents. Marconi entered a "not guilty" plea last week, with a trial possible next year. Cook also waived his arraignment last week. Lawyers for Hantz Marconi stressed repeatedly during Monday’s hearing that Sununu would be a “key witness” in her trial, as the governor and his legal counsel Rudy Ogden were the only people present during her June meeting with Sununu in the governor’s office. Before Sununu appointed him to lead the Department of Justice, Formella served as his legal counsel. It isn’t clear if Sununu himself alerted prosecutors about his meeting with Hantz Marconi, or if that information was shared by Ogden. It also isn’t known if the initial concerns about the meeting were made directly to Formella or someone else in his office. According to charging documents, Hantz Marconi is also accused of improperly contacting Steve Duprey, the chair of the Pease Development Authority, in April, shortly after her husband was placed on administrative leave with no explanation. (Duprey is a member of NHPR’s Board of Directors, but has no influence over the station’s coverage.) New Hampshire Chief Justice Gordon MacDonald could also be forced to testify should the case go to trial. Hantz Marconi has said she mentioned to MacDonald the idea of a meeting with Sununu, and that MacDonald told her he had no concerns about it. Lawyers for Hantz Marconi filed arguments alleging that Hantz Marconi’s meeting with Sununu was legal under her constitutionally protected free speech rights. Her alleged statements about the investigation hampering her work on the Supreme Court should also be protected under judicial immunity, they argued. Hantz Marconi was forced to recuse herself from all cases involving the Attorney General’s office beginning earlier this summer, after it became clear her husband was under investigation. In July, she was placed on administrative leave from the bench. Following the release of indictments in October, Hantz Marconi’s law license was temporarily suspended .
It didn't take Syracuse first-year coach Fran Brown long to figure out the key matchup for Saturday afternoon's Atlantic Coast Conference game visiting Miami. "Syracuse has a really good quarterback," Brown said of Kyle McCord, "and Miami has a really good quarterback (Cam Ward)." With a win on Saturday, the No. 6 Hurricanes (10-1, 6-1 ACC) can clinch a berth in the league championship game against SMU. Miami is a 10 1/2-point favorite for Saturday's game. Syracuse (8-3, 4-3) has reached eight wins for just the fourth time since 2002, going 8-5 in 2010 and 2012 and 10-3 in 2018. However, the Orange haven't defeated a Top-10 team since knocking off Clemson in 2017. Miami leads the nation in scoring (44.7), and the Hurricanes will count on perfect passing conditions in Syracuse's dome. That could be huge for Ward, who leads the nation with 34 touchdown passes, ranking second in passing yards (3,774) and fourth in passing efficiency. Ward's top target is wide receiver Xavier Restrepo, who needs just 21 yards to reach 1,000 for the second straight season. Restrepo also ranks tied for seventh in the nation with 10 TD receptions. Ward has some other top targets, including 6-foot-4, 245-pound tight end Elijah Arroyo, who is a walking mismatch because of his size and speed. He leads Miami with 18.5 yards per reception. Hurricanes wide receivers Isaiah Horton and Jacolby George have combined for 12 TD passes, and Sam Brown has added two more. Each of them has more than 500 receiving yards this season. Miami's running game features battering ram Damien Martinez (739 yards, 5.5 average, eight TDs); versatile Mark Fletcher Jr. (499 yards, 5.7 average, six TDs); and game-breaking freshman Jordan Lyle (361 yards, 8.6 average, four TDs). Defensively, Miami's big-play man is safety Mishael Powell, who ranks second in the ACC with five interceptions. "He's all about winning," Miami coach Mario Cristobal said of Powell. "He's a smart, self-starting team player." On special teams, Miami kicker Andres Borregales ranks second in the ACC with 97 points. He is 52-for-52 on extra points and 15-for-16 on field goals. Meanwhile, McCord ranks No. 1 in the nation in passing yards (3,946) and tied for seventh in TD passes (26). McCord, a transfer from Ohio State, has also set Syracuse's single-season record for passing yards. In last week's 31-24 win over Connecticut, McCord passed for a career-high 470 yards. However, McCord is just 46th in the nation in passing efficiency, due in part to his high total of interceptions (12). Syracuse also has three of the top six pass-catchers in the ACC in terms of yards: tight end Oronde Gadsden II (810) and wide receivers Jackson Meeks (801) and Trebor Pena (743). Gadsden, who is from the greater Miami area, has had three straight 100-yard games. He is the son of former Miami Dolphins wide receiver Oronde Gadsden. Syracuse's run game is led by LeQuint Allen, who has rushed for 819 yards, a 4.3 average and 12 TDs. The issue for Syracuse could be its defense, which ranks 13th in the ACC in points allowed (27.8). Miami's defense is fourth (22.3). Even so, Syracuse coach Brown said he's excited about this matchup. "I heard Miami is going to come deep," Brown said of Miami fans. "It's going to be intense in the stands. It's going to be intense on the field. I think this is a game everyone wants to see." --Field Level Media
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NASSAU, Bahamas (AP) — Javon Small scored five of his 31 points in overtime and Tucker DeVries added key free throws late in regulation and finished with 16 points as West Virginia beat No. 3 Gonzaga 86-78 in the Battle 4 Atlantis on Wednesday. Small's layup with under 2 minutes left in OT gave West Virginia a 79-75 lead. After a Gonzaga miss, Sencire Harris hit two free throws to make it a six-point lead. With 27.1 seconds left, Harris made a steal and scored on a dunk for an eight-point lead, putting the game out of reach. Amani Hansberry scored a career-high 19 points and Toby Okani added 10 for West Virginia (3-2). Braden Huff scored 19 points and Khalif Battle 16 for Gonzaga (5-1). Takeaways Gonzaga showed its depth, outscoring the West Virginia bench 30-2. West Virginia’s only loss was by 24 points at Pitt, but the rebuild under Darian DeVries is showing promise. Key moment Gonzaga turned it over at midcourt late in regulation when Tucker DeVries poked it away from Nolan Hickman and raced the other way before getting fouled. DeVries made two free throws with 5.9 seconds left to tie it at 71-all. Battle inbounded the ball and got it back, but lost control on a drive as time expired. Key stats The shorter Mountaineers outrebounded Gonzaga 42-36 and shot 50% in the second half, battling the Zags to a draw in the paint. Nembhard had 12 assists and just one turnover in 43 minutes, but was 1 of 10 from the field. Up next West Virginia will play Louisville on Thursday in the winner's bracket. Gonzaga faces No. 14 Indiana on the consolation side. ___ Get poll alerts and updates on the AP Top 25 throughout the season. Sign up here . AP college basketball: https://apnews.com/hub/ap-top-25-college-basketball-poll and https://apnews.com/hub/college-basketball