Gov. Benigno R. Fitial, a former executive of Tan Holdings, left yesterday for the U.S. mainland and will be gone for 10 days.
He said the lawsuit will focus on the “economic injury” that the provisions of the federalization law, or U.S. P.L. 110-229, will inflict on the CNMI.
“I have now retained the firm of Jenner & Block to assist our government lawyers,” he said.
According to its Web site, Jenner & Block was founded in 1914 and has 500 attorneys in Chicago, New York and Washington, D.C.
Its lawyers “have argued many matters before the United States Supreme Court, all of the 13 United States Circuit Courts of Appeals and dozens of other federal and state courts across the country.”
The CNMI will seek “relief” which could be “monetary” or a “preliminary injunction” to prevent federal authorities from taking over the islands’ immigration system, said a legal expert who asked not to be identified.
Speaker Arnold I. Palacios, R-Saipan, said it is the administration’s prerogative to seek legal remedies but added that the costs of the legal action should be a concern for the cash-strapped government.
He said he learned that the law firm’s initial fee “is going to be paid through private funds — that is my understanding.”
He added, “It’s okay if public funds are not going to be spent.”
Vice Speaker Joseph P. Deleon Guerrero, R-Saipan, said the governor has valid concerns.
The governor said he is filing the lawsuit for two reasons: the federalization law “violates the CNMI’s right to self-government guaranteed under Section 503 of the Covenant,” and will adversely impact the local economy.
House Floor Leader Joseph N. Camacho, an attorney, said private citizens can sue the U.S. government but if the action is brought on behalf of the CNMI government the local attorney general must represent the commonwealth.
“The attorney general should be very concerned that certain members of the private sector are exercising their rights and not utilizing his service,” said Camacho, R-Saipan.
The lawsuit is expected to be filed in the U.S. District Court for the District of Columbia.
Camacho noted that there is also a federal court on Saipan.
“Why are they filing in Washington, D.C. and not in the U.S. District Court for the Northern Marianas?” he asked.
