FORMER CNMI Attorney General Joey P. San Nicolas, on his own behalf, has asked the Superior Court to quash the subpoena to testify in the case against Gov. Ralph DLG Torres.
San Nicolas said the subpoena, which was delivered to his office on May 20, is “unduly burdensome, intrusive, and is unnecessary.”
He also asked the court to issue a protective order.
From October 2012 to July 2014, San Nicolas was the CNMI attorney general.
He said he is aware that the defense lawyers of the governor have filed a motion to disqualify Attorney General Edward Manibusan from the case, “based on the alleged advice given by AG Manibusan to defendant in connection with first class travel by government officials.”
According to the former AG, his testimony has no relevance to the defendant’s pending motion to disqualify Attorney General Manibusan.
Furthermore, San Nicolas said, the subpoena to testify “does not and will not provide tangential information relative to defendant’s pending motion to disqualify.”
More importantly, San Nicolas added, “defendant has not offered nor explained, with specificity, how [San Nicolas’] testimony would provide any relevant information that would assist or buttress its argument to disqualify Attorney General Manibusan.”
San Nicolas said what information might be elicited, if any, can be supplied by other witnesses without the substantial burden of having him testify.
San Nicolas noted that he is scheduled to travel with his family to the U.S. mainland via Guam and Hawaii, from June 1 to 30, 2022 to attend to personal matters.
He said he is also scheduled to participate in two status conferences in the District Court on May 31, 2022 in Artman Corporation v. Imperial Pacific International (CNMI), LLC, Case No. 21-cv-0038 and USA Fanter Corp. Ltd. v. Imperial Pacific International (CNMI), LLC, Case No 21-0035.
According to the subpoena, San Nicolas’ “attendance is required throughout the Hearing scheduled from day to day until it is completed or upon notice by the court” or until his attendance is no longer necessary.
Governor Torres’ motion to disqualify the AG’s office will be heard on May 31, at 9 a.m. before Superior Court Judge Pro Tem Alberto E. Tolentino.
According to Torres’ attorneys Viola Alepuyo, Matthew Holley, and Anthony Aguon, the “AG is prosecuting [the] governor for an alleged violation in which the AG provided legal advice.”
On April 8, 2022, the AG’s office filed a criminal case against the governor alleging 12 counts of misconduct in public office and one count of theft relating to the issuance of airline tickets for business class, first class, or other premium class travel for himself and/or first lady Diann T. Torres.
The case also alleges one count of contempt for failure to appear in compliance with a subpoena.
The governor has pled not guilty to the charges.
Joey P. San Nicolas
