Baka told Rep. Tina Sablan the documents she requested under the Open Government Act are protected from public disclosure.
“The Legislature is entitled to various information relevant to government expenditures through established procedures,” Baka said. “On the other hand, the drafters of the Open Government Act wisely shielded certain litigation-related information from public disclosure, so as not to adversely affect in the courtroom the best interests of the commonwealth and its people.”
Sablan, Ind.-Saipan, said she may take the issue to the court.
The governor earlier said he would not use funds for public services to fund the lawsuit.
But he asked lawmakers to appropriate $400,000 to pay the Jenner & Block law firm.
Sablan is asking her colleagues to join her in urging the administration to be more transparent in its dealings with the lawsuit.
“The next step under the Open Government Act would be, of course, to appeal to the courts,” she said in a statement. “But I also appeal to the all members of the Legislature, and particularly the leadership, to take seriously the governor’s refusal to disclose information about public funds that are being spent on this lawsuit — a lawsuit that has been rejected by the Legislature and that has also been roundly criticized for undermining our ability to negotiate with the federal government on behalf of the commonwealth’s best interests as we make the transition toward federalized immigration.”
According to Baka, “documentation identifying funding sources and contracts between the CNMI and outside litigation counsel…are exempt from disclosure under the [Open Government Act] because they are not discoverable…under the attorney-client privilege….”
Sablan also asked Baka for any documentation regarding which public funds were sourced for the lawsuit.
Baka replied: “There are no responsive records, because the sole public source of funding was from the governor’s operating account, # 1011-6250.”
He did not provide further details but noted in his letter to Sablan that outside counsel has been tapped even during previous administrations “whether due to conflicts, lack of specialized experience, or resource constraints.”
Baka told Sablan that “you cannot believe everything you read in the local media.”
He said the governor’s special legal counsel, Howard P. Willens, gave some brief remarks during a cabinet meeting about the lawsuit’s development in Washington, D.C. but there was no presentation nor was there minutes taken when he spoke.
“There were no documents. Any such documents would, however, be protected by the attorney-client privilege and exempt under 1 CMC §9918(a) (8). No minutes of the cabinet meeting were prepared,” he said.
Press Secretary Charles P. Reyes Jr. said the administration stands by the acting AG’s response to Sablan.
He said the governor “has attorneys working to uphold and respect the law, including the Open Government Act, which prevents certain information from being disclosed based on sound public policy considerations regardless of the administration in office.”
He added: “The governor is content with the legal analysis and response provided by” the AG’s Office.
