SHAYNE Villanueva had the right to plead the Fifth during a House Special Committee on Federal Assistance and Disaster-Related Funding investigatory hearing regarding the Building Optimism, Opportunities and Stability Together or BOOST program, his attorney, Keith Chambers told the Superior Court.
Villanueva has been charged by the Office of the Attorney General with one count of contempt of Legislature after he invoked his Fifth Amendment right when asked questions about BOOST.
Villanueva is the owner of Roil Soil Marketing, which the administration of then-Gov. Ralph DLG Torres contracted to help promote and market the $17 million federally funded Building Optimism, Opportunities and Stability Together or BOOST program in 2022.
According to Chambers in his 25-page motion to dismiss the case, Villanueva “was called before the [House special] committee to testify under oath concerning BOOST. The BOOST program, and Mr. Villanueva in relation to BOOST, was being investigated by the Commonwealth. Misconduct relating to BOOST carries serious Commonwealth and Federal Criminal penalties. Therefore, Mr. Villanueva had the right to assert his Fifth Amendment privilege against self-incrimination with respect to all the committee’s questions concerning BOOST.”
Chambers said Villanueva “had the right to plead the Fifth with respect to Question One and Question Three because truthful answers to those questions could be used to furnish a link in the chain of evidence needed to prosecute Mr. Villanueva for Commonwealth, and possibly, federal crimes.”
During the House committee hearing on March 5, 2024, Rep. Blas Jonathan T. Attao asked three questions, Chambers said.
Attao asked, “Can you please tell us a little bit about your post-secondary educational background?” to which Villanueva replied, “On the advice of my counsel, I respectfully invoke my Fifth Amendment privilege, therefore I respectfully decline to answer your question at this time.”
Attao then said: “Thank you for that Mr. Villanueva, Under 1 CMC 1306 (a)(2), a person shall be in contempt if the person fails or refuses to answer any relevant question or fails or refuses any relevant book, paper, or other document subpoenaed by or on behalf of an investigating committee and under 1 CMC 1306 (b) you may be held in contempt for withholding or refusing to answer questions. Is that clear Mr. Villanueva?”
“I understand,” Villanueva said.
Attao’s third question was, “Mr. Villanueva, do you have a degree or any certification in marketing or advertising?
Villanueva replied, “On the advice of my counsel, I respectfully invoke my Fifth Amendment privilege, therefore, I respectfully decline to answer the question.”
In his motion to dismiss, Chambers said pursuant to the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, the Fifth Amendment of the United States Constitution applies to the Commonwealth “as if the Northern Mariana Islands were one of the several States” of the Union.
Moreover, Chambers said, the Fifth Amendment’s privilege against self-incrimination applies when an individual is subpoenaed to testify before the Legislature. He cited Kastigar v. United States, 406 U.S. 441, 444 (1972) (“the power to compel testimony [before Congress] is not absolute. There are a number of exemptions from the testimonial duty, the most important of which is the Fifth Amendment privilege against compulsory self-incrimination [….] it can be asserted in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory[.]”).
Chambers reiterated that because Villanueva had the right “to assert his Fifth Amendment privilege, and the Fifth Amendment privilege is applicable here, this Court should use its authority recognized by the United States Supreme Court…and dismiss the Information [against Villanueva] as a matter of law.”
