HAGÅTÑA (The Guam Daily Post) — The legislative budget hearing for the Office of the Attorney General sparked a heated debate between Attorney General Douglas Moylan and Sen. Thomas Fisher that involved discussions about offensive memos, costume purchases and Moylan “driving the office into the ditch.”
As senators took turns asking personnel from the OAG about the office’s request for a $19.9 million budget for fiscal year 2024, most focused on why the office employees had not received their 22% pay raise.
Sen. Thomas Fisher, however, said he would go “into the weeds” and first questioned AG Moylan’s inclusion of “the Eagle’s Nest” in the AG’s office government memos. The office has on repeated occasions sent memos or news releases under the heading, “From the Eagle’s Nest.”
The Eagle’s Nest, or the Kehlsteinhaus, in German, was the name of a notorious facility used by the Nazi Party for meetings and social events, which includes documented visits by Adolf Hitler.
Fisher first asked Moylan if he was still using “Eagle’s Nest” on OAG memos, and if Moylan recognized how that would be “offensive to millions of people, including myself.”
Moylan responded he knew the history behind the Eagle’s Nest, however, he said the use was more in relation to the American bald eagle being a symbol for the United States, and for American law enforcement.
Before Moylan could continue, Fisher asked why he used an “extraordinarily offensive thing” on government documents.
Moylan attempted to explain its use in reference to the bald eagle, before Fisher said he would lay “the cards on the table,” and argued it represents “Nazism as a German national socialism.”
“Senator, are you saying I’m a Nazi?” Moylan asked in response.
“What I am saying is that you have adopted Nazi appellations for your office,” said Fisher.
Moylan took issue with the allegation and began to explain his American heritage.
But Sen. Joe San Agustin, who was chairing the hearing, then asked the two elected officials to stick to discussing the budget, as tensions began to rise.
“We are on the budget, sir,” Fisher said. “He’s expending taxpayer money to advertise a vile, repellent, evil regime.”
Moylan then continued to defend the use of “the Eagle’s Nest” on his office’s documents by invoking his family’s history during World War II.
“The Moylan name was Scotch-Irish and was one of the oppressed people by the Nazis,” Moylan replied.
“I’ve had relatives who were killed by German national socialism, so you do not need to lecture me,” Fisher shot back.
San Agustin again asked the elected officials to stay on topic.
‘Into the ditch’
After the exchange, Fisher changed his questions to focus on staffing at the OAG. According to Moylan, the office has about 10 prosecutors on staff.
This led Fisher to ask why 44% of its lawyers have left the office since Moylan’s term began in January.
“They did not agree with the legal policies of this attorney general. If they wish to leave, there’s the door,” Moylan said. “I’ve got a good team of lawyers. I would rather have a good few, loyal, dedicated lawyers that want to protect this community, than to keep attorneys that want to get paid and not do the work or be lazy or just want to leave the door.”
Fisher followed up by asking if lawyers have left because of Moylan’s management style. Moylan offered a similar answer, but added that the lawyers on staff have been able to obtain 15 victories at trial in the past 6-1/2 months.
Then Fisher asked about case dismissals since Moylan took office, however, Moylan and his team could not answer.
“You’re making an insinuation. I’m not the chief prosecutor. I don’t have that in front of me, so what’s your insinuation? Do you have data that we are dismissing cases that shouldn’t be dismissed?” Moylan asked, beginning to raise his voice.
Fisher clarified he was making an “accusation.” Moylan then questioned what it was.
“My accusation is that you are driving that office into the ditch. You’ve lost 44%. That is just unsustainable,” said Fisher.
The back-and-forth between Moylan and Fisher continued until Assistant AG Grant Olan gave more details on the trial results since Moylan took office.
Costumes and uniforms
Fisher, who had the most questions for Moylan among the senators, also asked the attorney general about paying for uniforms to be worn by OAG investigators, and “Eric the Eagle” costumes for the mascot of the office.
Moylan defended the using the budget to pay for both.
“All of (the investigators) are going to be in a uniform. They’re going to have firearms. … Better that you have a person in a uniform with a firearm than a person without a uniform … have a concealed (firearm) and making people uncomfortable,” said Moylan, who was unable to answer how much was budgeted for the uniforms since it’s “a work in progress.”
As for six Eric the Eagle costumes, which come in different sizes, Moylan stated the total cost of the costumes came to about $17,000, and that the costumes are used to “ease anxiety” for children involved in child support cases.
Moylan in his first term introduced Eric the Eagle as his office’s mascot.
According to file stories from the Marianas Variety published during his first term, Moylan introduced the mascot for children “to help them relate and give them something nice to look at.”
“That is the essence and the origins of Eric the Eagle, which is a mascot for the AG’s Office. He’s not a Nazi. He’s not part of the Eagle’s Nest that you’re referring to. He’s a mascot for the kids, of an American patriotic symbol.”
Moylan also explained employees in the office volunteer to wear it because kids “love” the costume.
Attorney General Douglas Moylan, second from right, and staff from the Office of the Attorney General are sworn in before a legislative budget hearing Friday, July 14, 2023, at the Guam Congress Building in Hagåtña.
