THE Office of the Attorney General, through Assistant Attorney General James Robert Kingman, has withdrawn the subpoena duces tecum it issued on Oct. 31, 2023 to the treasurer of the Torres-Sablan campaign, Zerlyn Taimanao.
Taimanao has objected to the subpoena, saying it should be quashed as it is invalid and unlawful.
The subpoena sought records of the Committee to Elect Ralph DLG Torres and Vinnie F. Sablan for which Taimanao was the custodian.
“We will not take action to enforce this subpoena,” Kingman informed attorney Keith Chambers, who represents Taimanao.
According to Kingman, “The subpoena was issued under its cross-designation with the law-enforcement authority of the Office of the Public Auditor…. It refers to the legal authority for the OPA to obtain the documents for the Committee to Elect.”
He added, “Neither the extension of the deadline nor the choice to withdraw and not enforce the subpoena should be read as an admission or agreement of any legal insufficiency to the subpoena’s issuance or the capacity of the Task Force, OPA, or OAG to apply such subpoenas.”
Kingman heads a task force formed by the OAG to investigate and prosecute government corruption, white collar and financial crimes. The task force consists of the OAG, OPA and the Department of Public Safety.
As the subpoena has been withdrawn, Chambers asked Superior Court Associate Judge Kenneth L. Govendo, who is handling the case, to dismiss the lawsuit filed by Taimanao against the OAG without prejudice.
“The OAG has withdrawn the subpoena the service of which resulted in this lawsuit; there is no longer an existing controversy here,” Chambers added.
As the treasurer for the Torres-Sablan committee in the 2022 election, Taimanao kept a written record of all contributions and expenses made to and by the campaign team.
Following the November 2022 election, Taimanao submitted her report on the campaign statement of account to OPA.
On or about Oct. 31, 2023, the OAG applied to the Superior Court clerk of court for a subpoena duces tecum to be served on Taimanao in her official capacity, and on Vinnie F. Sablan in his personal capacity.
In her complaint, Taimanao noted that the subpoena application was not connected to any civil or criminal case pending before the Superior Court,
On Oct. 31, 2023, the clerk issued a subpoena duces tecum pursuant to the OAG’s application. On the same day, Taimanao was served the subpoena by the OAG.
The subpoena states that “failure to comply … may constitute the crime of contempt of court and a warrant may be issued for your arrest.”
On Dec. 13, 2023, Taimanao, filed her opposition with the OAG.
She also attempted to file the opposition with the Superior Court, “but because the subpoena was not a part of an existing case, the Superior Court did not accept the filing of the opposition but did provide a stamped receipt,” her lawsuit stated.
In her complaint, Taimanao said the subpoena is invalid and otherwise null and void and has no legal force and effect on grounds including, but not limited to, the following:
— The OAG does not have the authority on its own to issue a subpoena, as evidenced by House Bill 23-22, which is currently pending before the Commonwealth Legislature.
— The public auditor lacks the authority to investigate the committee to elect or subpoena any materials from it.
— The public auditor lacks the authority to delegate such power to the OAG because the Legislature has not authorized the public auditor to subdelegate its subpoena authority to the OAG.
— Neither of the two bodies of law cited by the subpoena, 1 CMC §2301 et seq and 1 CMC §7811 et seq, gives the public auditor the authority to issue a subpoena.
— The task force is invalid as there is no legislative authority authorizing the task force.
— The task force is unlawful as it nullifies OPA’s independence as it is the only CNMI agency with oversight for the OAG.
— There is no proper purpose for the subpoena.
— The subpoena violates Rule 45 of the NMI Rules of Civil Procedure because the subpoena is not connected to any active civil action.
