THE Office of the Attorney General has declined to prosecute the governor’s executive assistant, Frances Dela Cruz, for contempt, Chief Solicitor J. Robert Glass Jr. told the Superior Court.
On Nov. 16, 2021, the House Committee on Judiciary and Governmental Operations found Dela Cruz in contempt of a legislative subpoena after she refused to answer the lawmakers’ questions.
Six days later, the AG’s office was quoted as saying that prosecutors had been assigned to the case and “the matter [was] being investigated.”
Gov. Ralph DLG Torres was also found by the House JGO in contempt of a legislative subpoena.
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 has denied the charges and, through his lawyers, has 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.
Background
In his opposition to the governor’s motion, Glass said sometime in either late 2020 or early 2021, he, Attorney General Edward Manibusan, and Office of the Governor legal counsel Gil Birnbrich met and discussed whether or not the Office of the AG would provide representation to the governor and the employees who might be subpoenaed to testify before the House Judicial and Governmental Operations Committee which was investigating the governor’s public expenditures.
At this meeting, Glass said Birnbrich was informed that the OAG would not be providing any legal representation to any individuals subpoenaed to testify because there was a chance criminal charges could be brought by the AG’s office.
He said the AG then granted authorization for any of these individuals to retain their own legal counsel for the House JGO proceedings.
When the first request for prosecution came to the AG for contempt against Frances Dela Cruz, the governor’s executive assistant, the OAG enacted its screening and walling procedures, Glass said.
“Because the Chief Prosecutor had close family ties with defendant, the AG assigned the Chief Solicitor to oversee this specific investigation and any possible criminal prosecution,” Glass said, adding that Assistant Attorney General James Houston was also assigned to the case.
The House later submitted a second request for prosecution, this time for Governor Torres’ alleged contempt.
The AG used the same team for this investigation and subsequent prosecution, Glass said.
“Along with the documents for contempt, the JGO submitted its record of alleged criminal violations. During a review of these documents, [the AG’s Investigation Division] opened an investigation into possible criminal activity,” he added.
At the conclusion of the investigation into Frances Dela Cruz for contempt, it was determined that the contempt charge would be declined, Glass said. He did not elaborate.
“As the investigation into Governor Torres was finishing, AAG James Houston left the Office of the Attorney General because he was called back to active military duty,” Glass said.
“As the investigation was completed and as the statute of limitations was approaching for parts of the claims related to the theft charge, the OAG opted to move forward with the Chief Solicitor being appointed to handle the prosecution,” he added.
Superior Court Judge Pro Tem Alberto E. Tolentino will hear the governor’s motion to disqualify the Office of the AG on May 31, at 9 a.m.
