FORMER Office of the Attorney General Chief Investigator Lawrence Pangelinan on Friday told the Senate that Attorney General Edward Manibusan “targeted” Gov. Ralph DLG Torres in an investigation that focused on his first-class travels.
On the first day of the Senate impeachment hearing, Pangelinan was called by the governor’s legal counsel Anthony H. Aguon to testify under oath regarding the third article of impeachment which pertains to corruption for unlawful first class and business travel.
The House leadership has declined to participate under the Senate impeachment rules which they say are “unfair.” Hence, there will be no House prosecutor during the Senate impeachment hearing which will resume Monday, May 16, 2022. It is the first Senate impeachment trial in CNMI history.
Two Republican senators — Vinnie F. Sablan and Justo S. Quitugua — have recused themselves from the proceedings. Sablan is the governor’s running mate while Quitugua is a relative of the governor.
Not subpoenaed
Aguon told the Senate that Pangelinan volunteered to testify and was not subpoenaed.
Pangelinan said he worked in the investigative division of the Office of the Attorney General from 2016 to 2021, investigating alleged crimes, including government corruption, and reporting directly to AG Manibusan.
He said in 2019 that the AG asked him to look into the governor’s premium class travels.
Pangelinan said he told the AG that he wanted to investigate all public officials who had traveled premium class, “and not just target the governor.”
But he said the AG instructed him to focus only on the governor’s first-class travel.
Pangelinan said he conducted an investigation with two other investigators, as well as with the Office of the Public Auditor.
Aguon then presented exhibits to the witness and submitted them to the senators.
The first exhibit was a travel authorization form for AG Manibusan as well as his business class boarding pass.
The second exhibit showed a similar document, but this time, for former AG Joey San Nicolas, who also traveled business class.
Senate President Jude U. Hofschneider asked attorney Aguon for the relevance of the exhibits.
Aguon said he was making the point that Governor Torres was not the only official who traveled first class yet was the only one charged with violating the law against first class travel.
Aguon said the public deserves to hear the truth: that many officials traveled first class, but only the governor is being charged for it in an election year.
Aguon then presented another exhibit — a travel authorization for Lt. Gov. Arnold I. Palacios who, the lawyer said, also traveled first class.
Aguon said if the AG was truly concerned about government first class travel, then he should have heeded the recommendation of his chief investigator.
Aguon said there is no supporting evidence on record for the third article of impeachment, adding that the “House had failed to meet its burden of proof.”
Also testifying on Friday was Office of Grants Management and State Clearinghouse Administrator Epiphanio Cabrera Jr. who said that the AG reviewed proposed government travel regulations which recommended first class travel for the governor and lt. governor.
Cabrera said in the AG’s official response to the draft travel regulations, Manibusan recommended that official representation also be provided for the CNMI AG.
The Office of the Governor’s legal counsel, Gil Birnbrich, said the travel regulations were promulgated in September 2020 and adopted in October 2020.
Cabrera said the regulations were “flagged” not by the Office of the Attorney General, but by the Office of the Public Auditor.
So the provisions for first class travel were then removed from the regulation.
Aguon said there was a lot of confusion at that time on whether or not first class travel was permitted for public officials.
“The Office of the Attorney General was the one who created this confusion,” he said, noting that it was the AG who should have provided clarity at this time.
Public benefit
Former Senior Policy Adviser Glenna Sakisat Palacios, for her part, said the governor’s trips to Oregon and Alaska served a public benefit.
She said the governor met with CNMI constituents, Office of Defense and space industry officials as well as with U.S. Sen. Lisa Murkowski, who chairs a committee that has jurisdiction over the CNMI and other territories.
Aguon said the governor did not travel for personal recreation, personal benefit or for political purposes, adding that contrary to what the House leadership earlier stated, his trip served a public benefit in more than one instance.
Utilities
Commonwealth Utilities Corporation Executive Director Gary Camacho was also called to testify under oath on Friday.
In his testimony, Camacho said the only chief executive in CNMI history who had two official residences at the same time was former Gov. Juan N. Babauta, Torres’s election opponent in 2018.
Camacho said Babauta had two official residences at the same time whose utilities were paid by the CNMI government.
“I was just made aware of that recently,” said Camacho, adding that he does not think that the House Committee on Judiciary and Government Operations was aware of it during its investigation of the governor’s public expenditures.
Camacho also said that in his opinion, the governor did not commit theft of utility services as alleged in the first article of impeachment.
“When we did look into it, there was no bypass of the meter. Every drop…was on the meter…. Everything going in was being registered,” he said.
Camacho also emphasized that the CNMI government has not paid for the utilities of two official residences of Torres at the same time even when he was still the lt. governor.
He also said that whatever utility document was used by the House Committee on Judiciary and Government Operations to justify the allegations against Torres is “definitely not a CUC document.”
“That is not an accurate document,” he said, adding that there are no “missing charges” and no “missing monies.”
“Everything was paid for,” he added.
Attorney Aguon then told the senators that Lt. Gov. Arnold I. Palacios, on average, incurs higher utility costs than the governor.
The governor’s household includes his wife and their six children while the lt. governor’s household includes his wife only.
If the governor’s monthly utility bill averages $2,150 monthly then that figure is equivalent to $277 per person each month in an eight-member household, Aguon said.
In contrast, the lt. governor’s monthly bill averages $800 a month which is $400 per person in a two-member household each month, Aguon added.
He said the governor’s utility bills were not exorbitant as claimed by the House leadership, nor did he commit theft of utility services.
Deer Meat for Dinner
Also testifying was Marianas Visitors Authority Managing Director Priscilla M. Iakopo who said the Deer Meat for Dinner promotion delivered a return on investment that exceeded all expectations.
She also stated that the promotion served a public purpose as it involved Robert Harrington, a world-recognized online influencer.
“Deer Meet for Dinner produced 20 videos,” she said. Total views for the videos exceeded 35 million views, and the exposure value was approximately $35 per view so the ad exposure value is in excess of one billion dollars, she added.
Aguon, for his part, said no laws were broken in pursuing a social media promotional strategy through the Deer Meat for Dinner video series.
He also noted that the Legislature presented Arrington with a resolution for the work he did to promote Saipan, Rota, Tinian and the Northern Islands.
In a statement following the Senate hearing, the NMI Republican Party stated:
“On one hand, to award a social media influencer for promoting the CNMI and then on the other hand turning around and impeaching a governor for the same promotional video series is hypocrisy and betrayal of public trust at its worst. It is clear that the Democrats and allied Independents have put their political power grab agenda before the people and common sense. Their legal argument falls on its face again.”
Thank you
The governor issued the following statement following the hearing:
“I want to thank all of our supporters for their continuous showing of support since these proceedings began in the House of Representatives. I want to thank them all for their time, effort, and commitment, from showing up to the first hearings to dismiss in the Senate, to the official hearings now. I can’t thank all of them enough for standing by mine, First Lady’s, and my family’s side as we go through this process. We would not be as strong as we are without their support. To see the overwhelming love and encouragement is what drives us every morning to continue to do good for our Commonwealth.”
Former Senior Policy Adviser Glenna Sakisat Palacios, Commonwealth Utilities Corporation Executive Director Gary Camacho, Marianas Visitors Authority Managing Director Priscilla M. Iakopo and Office of Grants Management and State Clearinghouse Administrator Epiphanio Cabrera Jr. are seen in the Senate gallery during the Senate impeachment hearing on Friday.
Commonwealth Utilities Corporation Executive Director Gary Camacho leaves the Senate chamber after testifying in the Senate impeachment hearing on Friday.
