THE House Committee on Judiciary and Governmental Operations, through House legal counsels Joseph L.G. Taijeron and Brendan Layde, told the court that the subpoena served on Gov. Ralph DLG Torres has a valid legislative purpose.
The House counsels on Thursday filed a supplemental memorandum in support of their motion to dismiss Torres’ lawsuit, which asks the Superior Court to find the subpoena issued by the committee invalid and unlawful.
They also noted the recent ruling of the United States Supreme Court on Jan. 19, 2022, denying former President Donald Trump’s application for a stay of mandate and injunction pending review of his petition for certiorari in Trump v. Thompson.
The high court concluded that former President Trump’s claims of executive privilege “would have failed even if he were the incumbent,” the House legal counsels stated.
In their motion to dismiss filed on Jan. 11, 2022, the House counsels said the JGO’s investigation was a fact-finding one “to inform the House’s legislative judgment, [and was] not an exercise of law enforcement authority.”
They said the legislative investigatory power permits the Legislature “to inquire into and publicize corruption, maladministration or inefficiency in agencies of the government.”
The Republican governor was found by the Democrat-led House JGO committee in contempt of a legislative subpoena for refusing to appear before the panel, which was investigating his public expenditures.
On Jan. 12, 2022, the House voted 15-4 to impeach Torres who was charged with felony, corruption and neglect of duty. He has denied the allegations.
The impeachment resolution is now with the Senate, which will conduct a trial. If six of the nine senators vote for the governor’s conviction, he will be removed from office.
Represented by his legal counsel Gil Birnbrich and the Banes Horey Berman & Miller law firm, the governor has asked the Superior Court to find the subpoena issued by the House JGO Committee invalid and unlawful.
Torres said the governor “is not and cannot be lawfully held in contempt of the committee, the House of Representatives or the Legislature for failing to comply with” a legislative subpoena.
“It violates the principle of separation of powers for one branch to ‘command’ another branch to take any action whatsoever,” the governor’s complaint added. “In particular, it violates the Constitution and the Covenant for a committee of one of the Legislative Branch to command the live testimony of the Governor, particularly at a time and place for the length of its choosing, and especially on subjects that would implicate information protected by executive privilege. Such an action interferes with the function of the Executive Branch.”
On Dec. 16, 2021, CNMI Supreme Court Chief Justice Alexandro C. Castro appointed former Judge Timothy H. Bellas to be the judge pro tempore in the governor’s lawsuit after Superior Court Presiding Judge Roberto C. Naraja, Associate Judges Wesley Bogdan, Kenneth Govendo, Teresa Kim-Tenorio and Joseph N. Camacho recused themselves from the case.
Citing the “highly partisan atmosphere” of their client’s civil complaint, Torres’ attorneys have requested the Superior Court to appoint a judge from outside the CNMI “who has no ties or allegiances, real or perceived,” to Commonwealth politicians.
