REPRESENTATIVES Celina R. Babauta, Leila Haveia F. Staffler, Donald M. Manglona, Corina L. Magofna and House Vice Speaker Blas Jonathan T. Attao on Wednesday filed notice of their appearance as a collective prosecutorial unit in the Senate impeachment trial of Gov. Ralph DLG Torres.
On Tuesday, Senate President Jude U. Hofschneider, the presiding hearing officer for the impeachment trial, sent a notice to file an appearance as House impeachment prosecutor to Rep. Corina Magofna, giving her until 4 p.m. Wednesday to do so.
Speaker Edmund Villagomez and Vice Speaker Attao were earlier asked by the Senate president to file an appearance, but they declined, saying that the Senate impeachment trial rules are “unconstitutional.”
Magofna’s response to the Senate president’s notice echoed Villagomez and Attao’s statements.
“I am unable to accept or decline notice to file an appearance in this matter,” she stated in her letter to Hofschneider.
“The Senate should work hand in hand with the House to ensure that the Governor is held accountable for breaches of public trust,” she added.
“The [Senate] rules in their current form present clear violations of the CNMI Constitution, the CNMI Open Government Act, and rules governing professional misconduct. It is clear that the rules are unreasonable and one-sided. The House respectfully maintains that the Senate has no right to determine who prosecutes the case and who does not. If the Senate’s role is to judge the evidence, it should remain separate and apart from the decision as to who performs that task.”
Magofna noted that on March 23, 2022, in a statement to the media, Hofschneider invited the House to name one of its members who would be willing to present the case against the governor.
“You clearly stated, ‘I will recognize that member…’ This notice to me, prevents this House selection and is utterly inconsistent with your public statements,” Magofna said.
“Significantly, Rule 44 which is titled, ‘Catchall Provision’ provides that ‘the Senate, or Committee, shall have the final say [on] any issue regarding these impeachment rules, Hearing and proceedings.’ Based on this I respectfully put you on notice: The House stands ready to prosecute the Governor,” she said.
Magofna added that she, Vice Speaker Attao, and Reps. Celina Babauta, Manglona, and Staffler have been preparing as a unit to prosecute the impeachment case together.
“You requested one prosecutor, we have chosen one prosecutorial team consisting of five members. The Senate has no right to ignore our decision and proceed without us,” she said.
Asked for comment, the Senate president said, “The prosecutor of record based on my authority [is] Rep. Corina Magofna, per Senate rules. I can’t speak for the House.”
On Jan. 12, 2022, by a vote of 15 to 4 with 1 abstention, the House of Representatives impeached Torres on allegations of felonies of theft, corruption and neglect of duty.
He has denied the charges.
At least six of the nine senators must vote to convict in order to remove the governor from office.
Corina Magofna
