Sablan filed the petition for mandamus against Gov. Benigno R. Fitial, acting Attorney General Gregory Baka and Finance Secretary Eloy Inos.
“I am appealing to the court now to order the disclosure of certain records pertinent to funds used in the governor’s lawsuit against the federal government, pursuant to the Open Government Act, 1 CMC Sections 9901-9918,” Sablan, Ind.-Saipan, said in a statement.
“The administration has thus far declined to disclose funding sources, contracts with outside legal counsel, amounts paid to date, and other types of information related to the governor’s lawsuit which many citizens, myself included, believe should be open to the public,” she added.
Jenner & Block filed the lawsuit on behalf of the governor in the U.S. District Court for the District of Columbia on Sept. 12, 2008.
On Oct. 16, Sablan asked Baka to release information on any contracts, payments and documents identifying funding sources for Jenner & Block’s legal services.
Baka said funding for the lawsuit was from the governor’s operational account # 1011-6250.
On Dec. 11, Sablan again tried to compel the administration to disclose public records relevant to the lawsuit, but Inos claimed that “such records are exempt from disclosure under the Open Government Act.”
Asked for comment, Press Secretary Charles Reyes Jr. reiterated that the Open Government Act is subject to certain exemptions like matters involving ongoing litigation.
He said Sablan’s pro-federalization stance is “regrettable.”
“By filing this case, Representative Sablan appears to be trying to block the CNMI’s effort to save local immigration jobs, $6 million in labor fees, and access to Russian and Chinese tourism markets, and reasonable access to foreign workers. The administration is confident that Representative Sablan’s pro-federalization stance is not shared by many of her colleagues in the Legislature, by the CNMI business community, and by the majority of our electorate,” he added.
Under the federalization law, or U.S. P.L. 110-229, the U.S. Department of Homeland Security will run the islands’ immigration system starting on June 1.
