GOVERNOR Ralph DLG Torres’ legal counsel, Gilbert Birnbrich, on Tuesday objected to the subpoena that the House Judiciary and Governmental Operations Committee issued to the governor.
But JGO chair Rep. Celina Babauta told the lawyer, “The points raised in your letters, past and present, are without legal merit.”
The subpoena “commands” the governor to appear before the committee on Friday, at 10:30 a.m., in the House chamber.
The committee also issued a subpoena to Department of Public Safety Commissioner Robert Guerrero who was commanded to appear before the House panel on the same day.
Babauta said ,“If the governor does not appear as directed, the committee will take appropriate measure to include but not limited to, finding him in legislative contempt. This is not a threat but a cautionary notice to the governor, and all individuals who are subject to our lawful subpoena power,” she added.
Executive privilege
In his letter to the JGO chairwoman, Birnbrich said “the governor, as the head of the executive branch of the CNMI government, is immune from compulsory testimony before an arm of the legislative branch, and such testimony is protected by executive privilege.”
Birnbrich said the subpoena “does not further a constitutionally cognizable and legitimate legislative purpose, and it was not issued in accordance with the CNMI law or House rules.”
He also said, “Without waiving these or any other objections, rights or prerogatives, the Office of the Governor is inviting an opportunity to discuss the matter to see whether accommodations are possible that would respect and preserve the interests of the executive branch while also providing information to the committee.”
Birnbrich said, “We are not aware of any instance in the history of the United States that a legislative body on the federal or state level has compelled the testimony of the head of the executive branch for an oversight investigation.”
He added, “Where governments are organized under constitutions that provide for co-equal branches of government — as is the case in the CNMI, as well as the federal government and governments of various states — it is understood that giving the legislative branch the power to summon and interrogate the head of the executive branch would impermissibly render the executive branch subservient to the Legislature.”
Birnbrich reiterated the Office of the Governor is inviting the committee “to engage in a negotiation and accommodation process.”
Disappointing
In her reply to Birnbrich on Wednesday, Babauta said her committee has made every effort to be accommodating and to compromise with all witnesses summoned before the panel.
“For months, the governor has been longing for an opportunity to provide answers to the JGO inquiries. We are providing him the opportunity to address the JGO committee directly. Now is the time to show everyone that he truly has nothing to hide,” Babauta said.
“In furtherance of the committee’s attempts to be reasonable,” she added, it agrees to meet with Birnbrich in person in the House chamber at 9:30 a.m. on Friday.
She said the committee, “in good faith,” will listen to Birnbrich’s position. However, she added, this does not in any way excuse anyone from compliance with any subpoena “and we fully expect all subpoenaed individuals such as the governor to appear as directed.”
She said the governor does not have immunity such that he can avoid the committee’s legislative subpoena.
“There is a legislative purpose to our hearings, to wit, to investigate the governor’s public expenditures. And lastly, there is ample authority supported by the House rules, CNMI statutes and the CNMI Constitution to issue our subpoenas and hold anyone, including the governor, in contempt, if and when there is a failure to comply with our subpoenas,” Babauta said.
House Judiciary and Governmental Operations Committee Chairwoman Celina Babauta confers with House sergeant-at-arms Pete Towai during a hearing on Gov. Ralph DLG Torres’ public expenditures.
