HOUSE Subcommittee on Labor and Immigration Chairman Herman T. Palacios said the appointment of Edward C. Camacho, an active member of the U.S. military, as public safety commissioner may have violated federal law.
Palacios, R-Saipan, said based on the initial findings of his committee, “it is possible that Camacho’s appointment violated the Posse Comitatus Act of 1878.”
That law prohibits using military personnel in civilian law enforcement.
Palacios said Camacho, while still on active duty with the military, was appointed by Gov. Juan N. Babauta and confirmed by the Senate and thus became part of civil law enforcement.
He said his subcommittee held a hearing yesterday “to tackle the matter.”
“This problem did not come out and therefore was not settled. The subcommittee had to look into it as it has become an issue because he took a leave as DPS commissioner. Until he gets discharged by the Army, he won’t be able to do his job at DPS or he would continuously violate the Posse Comitatus Act,” Palacios said.
Senate President Paul A. Manglona, R-Rota, said he would look into the matter.
A lawyer from the Attorney General’s Office, who declined to be identified, said that it would be better if the House subcommittee formally requests the office for a legal opinion on the issue.
Camacho in a separate interview said he did not violate any provision of the act.
“I am not violating it. I am not enforcing any law. I coordinate just like any concerned civilian citizen of the Northern Marianas. As long as I do not use any local equipment or local status to enforce any law, there is no violation of the act,” he said.
Camacho said he and the administration were expecting that by April 30, the Army would release him from active duty.
“But (the April 30 target date) will not happen because there are other needs around the region that requires me to be still on active duty. Also, releasing people from active duty is not an easy task. It takes a lengthy process. I still have to get my body examined, my information disclosure statements signed, everything I know about, all our operations that I cannot just tell people about—those kinds of things. Without orders from the Pentagon, I cannot just get out on my own,” he said.
