ATTORNEY General Edward Manibusan did travel in premium class, but it was a “complimentary executive upgrade,” Chief Solicitor J. Robert Glass Jr. told the Superior Court.
In his 26-page opposition to Gov. Ralph DLG Torres’ motion to disqualify the Office of the Attorney General from the criminal case it filed against the governor, Glass also said that “screening procedures are sufficient to ensure adequate independent counsel for both the Commonwealth and the defendant.”
“Neither of the prosecutors have any confidential client information,” Glass said; “the OAG has not rendered any legal advice to the Governor concerning 1 CMC § 7407(f), nor has the Governor ever requested such advice; defendant cannot rely on draft regulations as legal advice; and defendant has suffered no prejudice. Additionally, defendant lacks standing to bring the motion in his individual capacity, and should be estopped from making conflicting arguments.”
1 CMC § 7407(f) prohibits the purchase of an airline ticket for government travel in first class, business class, or any other premium class designation.
On April 8, 2022, the AG’s office filed a criminal case against the governor, alleging 12 counts of misconduct in public office and one count of theft relating to the issuance of airline tickets for business class, first class, or other premium class travel for himself and/or first lady Diann T. Torres.
The case also alleges one count of contempt for failure to appear in compliance with a subpoena.
The governor, represented by attorneys Viola Alepuyo and Anthony Aguon, pled not guilty to the charges.
His lawyers, for their part, filed a motion to have the AG’s office withdraw or be disqualified as prosecutor.
They said Attorney General Manibusan himself flew first class, adding that the AG is prosecuting the governor for an alleged violation in which the AG provided legal advice.
But according to Glass, the AG’s premium travel was a complimentary executive upgrade at no additional expense to the CNMI government.
“The fact that defendant selectively highlighted what he liked from his Exhibit B while completely ignoring this material fact is troublesome at best,” Glass added.
He also noted that the defense “relies on draft regulations to attempt to show that the Attorney General rendered advice to the Governor. This argument misconstrues how regulations are created, how they become legally effective regulations, when regulations may be relied upon, and how advice is rendered by the Office of the Attorney General in reviewing regulations.”
According to Glass, “There is a statutory process for formal legal review, publication, adoption, and promulgation of regulations. Draft regulations cannot be relied upon until they are promulgated and effective.”
For Glass, the defense “has not made any showing that would require disqualification of the entire Office of the Attorney General as appropriate walls have been set up to ensure proper screening and representation in compliance with the Model Rules of Professional Conduct.”
Superior Court Judge Pro Tempore Alberto E. Tolentino will hear the governor’s motion to disqualify the AG’s office on May 31, at 9 a.m.
Edward Manibusan
