This question is about to be answered by the US attorney in New Hampshire, John Kacavas, a Shaheen nominee, and an Obama appointment.
In June 2007, federal judge Joseph Laplante ordered an investigation by the US attorney of Ayotte and other members of the state department of justice for refusing to release witness statements in a longstanding federal civil rights suit. The investigation was closed without comment in June, 2009, by former Republican US attorney Tom Colantuono. In a remarkable coincidence the investigation was closed on the same day and precisely at the same time that Attorney General Holder was addressing the Senate Judiciary Committee stating that no one is above the law.
In March, 2009, then attorney general Ayotte was questioned by the state's executive council on matters relating to the federal investigation during her reappointment hearings. Ayotte responded in an evasive, 1200+ word email that did not address the substantive issues of the investigation. Nevertheless, the council confirmed her appointment.
The same issues were raised again in November, 2010, during the appointment hearings for the new chief justice of the state Supreme Court. Specifically, questions were asked as to whether or not Ayotte protected state prosecutors for fabricating witness statements in the federal case. The council promised in an open hearing to investigate and resolve the issues but never did.
Senator Shaheen became involved after the state's most prominent senator, Lou D'Allensandro started asking questions of the state attorney general, Michael Delaney,who was governor's counsel before replacing Ayotte when she announced her run for the senate. On January 23, 2012, after two months of stonewalling in which Delaney refused to respond to D'Allesandro's inquiries, Senator Shaheen asked her nominee to reopen the federal investigation.
There have been ten Attorney Discipline Complaints associated with this case brought against state prosecutors, including Ayotte, and not once has the Attorney Discipline Office asked the respondents to provide the witness statements in question, but nevertheless, in all cases, there was no finding of misconduct. For additional info Google: dave coltin december 2, 2010 for YouTube clip.