THE House Committee on Judiciary and Governmental Operations on Tuesday issued a “cautionary notice” to Gov. Ralph DLG Torres’ executive assistant, Frances “Kai” Dela Cruz.
In her letter to Dela Cruz’s counsel, Viola Alepuyo, the committee chair, Rep. Celina R. Babauta, said they have to compel Dela Cruz to appear before the committee to testify in person at a date and time that will be reasonable for all parties.
“We have made every effort to be accommodating and have made every effort to compromise,” Babauta added. “However, if Ms. Dela Cruz does not appear as directed, the committee will take appropriate measures to include, but not limited to, finding her in legislative contempt. This is not a threat but a cautionary notice to Ms. Dela Cruz, to the governor, and all other individuals who are subject to lawful, constitutionally supported legislative subpoenas.”
Babauta told Alepuyo that the committee has determined that the law regarding its subpoena power “is strong on our side and weak on the other.”
She added, “In fact, you may wish to remind Mr. [Ross] Garber [the governor’s Washington, D.C.-based lawyer] that our CNMI laws, based on our CNMI Constitution, are much clearer and less complicated than the federal laws that may not even apply to Governor Torres or his executive assistant, but even those federal laws clearly support our legislative subpoena power.”
Babauta reiterated that Dela Cruz’s affidavit “failed to address all our questions and concerns regarding the main areas set forth in the subpoena.”
In addition to being “inadequate and unsatisfactory, the affidavit did not afford the committee with the chance to ask Dela Cruz any questions that arose as a result of some of the statements articulated in her affidavit,” Babauta said.
In her letter to the JGO committee chair on Tuesday, Alepuyo said Dela Cruz “is caught in the middle of this unfortunate situation.”
Babauta, in her reply, told Alepuyo: “We agree. Accordingly, we would hope that Governor Torres refrain from placing any more government employees in the awkward position of having to defy a lawful subpoena and risk being held in contempt.”
Babauta said the governor has retained “several taxpayer-funded counsels who should be able to assist him if he truly has nothing to hide, as he has repeatedly claimed.”
Celina R. Babauta
