GOVERNOR Ralph DLG Torres on Tuesday, Dec. 14, filed a complaint for declaratory and injunctive relief in Superior Court against the Democrat-led House Committee on Judiciary and Governmental Operations. Also named as defendant is House sergeant-at-arms Pedro Towai in his official capacity.
The Republican governor is represented by his legal counsel, Gilbert J. Birnbrich, and the Banes Horey Berman & Miller law firm.
According to the complaint, Torres is invoking “the aid of the judiciary as interpreter of CNMI law to resolve a dispute that has arisen between the executive and legislative branches regarding ongoing attempts by the legislature to assert an unconstitutional dominance over the executive, and over the Governor particularly. The Governor has attempted to resolve it through discussion and negotiation, and remains willing to do so. The legislative actors involved, however, have rejected any approach other than a confrontational and punitive one, and have now voted to hold the Governor in contempt, a step that exposes the Governor to potential arrest and imprisonment.”
The Office of the Governor, in a statement, said it asserts that the subpoena “commanding” the governor to testify before the House Committee on Judiciary and Governmental Operations violates Commonwealth law.
Moreover, the subpoena “lacks a valid legislative purpose and usurps responsibilities constitutionally delegated to other executive offices, therefore violating the CNMI Constitution.”
In addition, “the enforcement of the subpoena infringes upon testimonial immunity conferred by the CNMI Constitution.”
“As I explained earlier today,” the governor said in a statement, “I will not attend the House JGO committee meeting [set for Tuesday] because the Executive Branch is a separate and equal branch of government under the Commonwealth Constitution…. The Office of the Governor should not and cannot be subordinated to the Legislature, let alone the overreaching acts of an out-of-control Committee of the House of Representatives.”
He added, “As Governor, I swore an oath to uphold and faithfully execute the laws of the United States and the CNMI. As Governor, and because of my oath, I have a duty to defend the Constitution, not just on my behalf but for my successors.”
Torres said he has “authorized my legal representatives to initiate a case in the Commonwealth Superior Court asserting my rights as Governor of the Commonwealth and to uphold the Constitution. I do this not only to protect my rights as Governor but to protect the institution of the Governor under the Constitution, and thus protect future Governors from arbitrary overreach by future Legislatures.”
The governor said filing a lawsuit was not the route he wanted to take, but is a necessary one.
“As can be seen from today’s [JGO] Committee meeting, the members of the Committee offer nothing but disrespect to the Constitution and toxic politics. Despite all the hate, I am nevertheless still open and willing to discuss an accommodation with the JGO Committee and hope that the Committee will overcome its toxic politics and join me in reaching a solution,” Torres said.
The governor was served a subpoena on Saturday, Dec. 4, by the House JGO committee “commanding” Torres to appear before the panel at a particular time and place to testify on a wide range of subjects, among which may implicate executive privilege, the governor’s complaint stated.
The subpoena also stated that the governor must remain before the committee until expressly excused by the committee.
According to the subpoena, unless the governor accedes to its commands, he may be subject to contempt pursuant to 1 CMC Subsections 1306 and 1307 — statutes that provide for fines and imprisonment.
The governor said the subpoena is unlawful and unconstitutional.
He said he had communicated with the committee “in repeated attempts to find common ground or a compromise solution, but the committee rejected any proposal which did not place it in an adversarial, confrontational, domineering, and punitive position vis-a-vis the Governor.”
The governor was originally scheduled to appear before the committee at 10:30 a.m. on Friday, Dec. 10.
After the committee met with the governor’s lawyers earlier that day, the lawmakers rescheduled the hearing for Tuesday, Dec. 14, 10:30 a.m.
In a video message on Tuesday morning, the governor said, “I will not subject myself as Governor to an unfair and unlawful political hearing.”
He also talked about the “political attacks that myself and my family have endured unfairly for a long, long time….”
“Over the course of the past year,” he said, “we have seen a politically driven House committee conduct a witch hunt on innocent government employees in order to fulfill their political goals. We saw certain elected officials censor people for not answering questions in a way that they want, and even hold people in contempt for not cooperating with their agenda.”
Torres said on December 7, his office reached out to the committee “in good faith to negotiate a fair and balanced setting to address their questions.”
“My office exchanged conversations with the JGO committee to discuss a neutral venue with [JGO] Chairwoman Celina Babauta asking questions and [House] Speaker Edmund Villagomez as the moderator. This event was also to be livestreamed for the public. Over the weekend, the JGO rejected this proposal even though it was fair, balanced, and focused on the issues at hand between two separate and equal branches of government,” Torres said.
“When these elected officials took the oath of office in January, the same oath that I took as Governor, they swore to faithfully discharge their duties as public servants. However, as we have seen for months, the House JGO Committee have used the House chamber not for policy debate and deliberation of important issues, but for political intimidation in order to promote their agenda.
“Their agenda is simple: The House JGO Committee wants to impeach a Governor, who was elected by the people, but who they do not like. They do not seek to provide solutions to our islands’ problems. They have sat on the sidelines throughout this pandemic, while throwing rocks at everything we do to keep our people safe,” the governor said.
“I am asking everyone in our community to ease tensions, calm tempers, and help to promote peace in our Commonwealth. I am not perfect, nor do I claim to be, but I am certain that, since I started my journey to work for you, the people of the Commonwealth, that I have always had your interests, your safety, and your livelihoods at the forefront of any and every decision I make.
“I know we are not where we were before the typhoons and Covid-19. But I know we can get there again. Collaboration is our story. It is the story of our Commonwealth. And it is why we are a resilient people. What is needed now is for us to work together.
“All of us can choose to rise above the political noise and find common ground and shared purpose. We must focus on advancing the interests of the CNMI, safeguarding our people, defeating the pandemic, rebuilding our economy, and upholding the rule of law.
“Today, I am calling on everyone who calls the CNMI home to overcome the politics of the JGO committee and work together on solutions for our people. Let us choose to move forward united for the good of our families, our villages, and our Commonwealth. Thank you, God bless you, and God bless the Northern Mariana Islands,” he said.
The JGO committee is chaired by Rep. Celina R. Babauta. Its members are House Vice Speaker Blas Jonathan T. Attao, Reps. Vicente Camacho, Richard Lizama, Donald M. Manglona, Edwin K. Propst, and Tina Sablan.
