Palacios, R-Saipan, agreed with Sablan’s contention that the Legislature has the authority to scrutinize all public records showing how taxpayer money is spent.
Sablan, who represented herself in the case, wanted to obtain vouchers and invoices detailing how much public funds were spent so far to pay the Washington-based law firm Jenner & Block in representing the CNMI in the lawsuit.
Sablan, Ind.-Saipan, filed the case as a taxpayer and not in her capacity as a House lawmaker.
While her lawsuit was still pending, Palacios told Sablan that the House legal counsel would provide assistance if needed.
On Sept. 8, she wrote to the members of the House asking them to help her obtain additional financial records relevant to the case.
She said two types of financial records were specifically withheld by the courts as privileged records that would not be available under the Open Government Act because they would reveal litigation strategy while the lawsuit is still pending.
The financial records that remain withheld include the engagement letter/contract with Jenner & Block and the detailed billing invoices.
“Though not available under the Open Government Act at this time, these records are well within the authority of the Legislature to examine and indeed the administration has explicitly acknowledge in its briefings before the courts that the Legislature has not only the right, but also the responsibility, to scrutinize all the records requested,” Sablan said in her letter.
At least eight specific records are being asked to be released. These include all wire transfer authorizations from the Department of Finance with respect to payments made to Jenner & Block and to the governor’s special legal counsel Howard P. Willens.
“These records would allow the Legislature to more closely scrutinize the public expenses incurred thus far as a result of the ongoing…litigation, the implications of the…lawsuit for the FY 2010 budget, as well as other impacts of the governor’s lawsuit as a matter of policy,” said Sablan.
