HAGÅTÑA (The Guam Daily Post) — Delegate Michael San Nicolas said Tuesday he has nothing to apologize or take responsibility for following the recent public release of an ethics investigation’s findings of “substantial evidence” of criminal conduct. The findings were sent to the U.S. Department of Justice.
San Nicolas, a Democrat, made the assertion during a nearly two-hour-long livestreamed media conference.
According to the delegate, he wanted to be able to address publicly the allegations and opinions in a 217-page investigative report.
“The opposite is the case. This ethics process has concluded, and there was no findings of guilt,” San Nicolas said. “And, in fact, no formal charges have been filed at all.”
The U.S. congressional report did find “substantial evidence” that San Nicolas:
• Accepted improper and/or excessive campaign contributions.
• Engaged in a conspiracy to hide the proceeds of an illicit campaign contribution.
• Knowingly caused his campaign committee to file false or incomplete reports with the Federal Election Commission.
• Attempted to interfere with the ethics investigation, by causing his congressional staff to contact a likely witness to persuade the witness to lie.
In response to questions about the allegations the report contained, San Nicolas denied he ever received an improper donation from a constituent. He did not, however, outright say at least two witnesses — who testified to their knowledge of an excessive $10,000 cash contribution — were lying.
“We are not in the business of trying to determine whether or not they’re telling the truth. We are in the business of making sure that everything that we’re doing…is aboveboard, which is why those funds were refunded,” he said. “Whether or not they were lying was immaterial. We said, ‘Look. If there’s something wrong there…we’re going to refund those moneys.”
The report noted that the delegate’s campaign eventually refunded $9,000 of an alleged $10,000 cash donation, which was well above allowable limits for his 2018 election cycle. But it also accused him of conspiring to hide it from federal authorities, including by attempting to influence the donor’s testimony.
The FEC has not filed charges or levied penalties related to the donation in question, San Nicolas said. Since he began his term as a federal candidate, the FEC has repeatedly advised him of incorrect or unsatisfactory filings that needed to be addressed.
It took a few moments for him to consider, when asked by The Guam Daily Post, if there is evidence in the report for which he would apologize or take responsibility.
“I really can’t think of anything right now,” he said. “What are you going to apologize for when you haven’t been charged with anything, and you haven’t been found guilty of anything?”
The delegate and his running mate for the gubernatorial election, Sabrina Salas Matanane, said neither planned to drop out of the race. Salas Matanane delivered a video message, which was shared with reporters after a question from the Post on her reaction to the released report.
The longtime news broadcaster, who said she recently returned from an off-island trip, said rumors were swirling following the report’s release that she would “walk away” from the campaign.
“I am not a quitter. I signed up to fight for the people of Guam. I signed up to lead with Congressman Michael San Nicolas,” she said. “And I will not give up.”
‘Whipping boy’
While answering questions from reporters, San Nicolas mentioned that other motives, including affecting his gubernatorial aspirations, could have been at play by officials involved in the investigation — particularly with the timing of report’s public release.
“It’s a relation congressionally,” he began when explaining what he meant by his previous statements.
The ethics committee was asking him to take certain actions, such as requiring he sit for an interview without counsel present.
“And we called them on that. We said, ‘Hey, you guys need to follow your own rules.’ And so, in taking those actions and calling those things out, the committee…more towards, perhaps the investigators and the staff who are making those errors — they’re not going to be too happy with that,” he recounted.
San Nicolas has concluded he’s being used as an example of what can happen to members of Congress if they don’t follow orders.
“When we want you to do something, you better just do it anyway — otherwise there’s going to be consequences,” he said.
He stressed again that the report was finalized without formal charges brought against him by the group, and no formal determination of guilt, coupled with a process that wasn’t being followed correctly. A “blackout” period for the committee to take action close to elections was about to be in effect, San Nicolas and his lawyers claimed.
“What’s the best way to send the message, … impact our elections, and make everybody else in the Congress be like, ‘Oh my gosh. Whether they’re violating my due process or not, I better just roll over and do what they’re telling me to do, otherwise, they might do what they did to San Nicolas — and just drop all of this…60 days before my election,’” he said.
The delegate clarified that the committee doesn’t have a specific interest in the outcome of Guam’s contested gubernatorial primary, but rather that it would have an interest in “sending a message” to members that there are “other ways that we can punish you.”
“There’s politics on Guam, which we all know is very ugly. There’s also politics in D.C.,” he said. “It’s very easy for the territorial guy to be the whipping boy, and to try and use our circumstances as an example. But that’s why it’s so important to have a press conference like this, and to clarify information. And to really explain what’s going on.”
Messages from the committee indicated to him that there would be “electoral consequences” for his decisions, San Nicolas speculated.
There is at least one publicly available example of Guam’s delegate being told about the “consequences” of not appearing for voluntary deposition before the committee, he said.
“I write to make clear the consequences of declining to cooperate with our investigation and suggest that you reconsider,” Sean Quinn, investigative counsel, emailed San Nicolas when he failed to show up for the scheduled interview, which was supposed to take place Dec. 3, 2019.
A report would be released publicly “regardless” of his lack of participation, the delegate was warned.
“If you choose not to cooperate with the OCE, any report will identify you as noncooperative, and the Board will have to weigh the facts of this matter without the benefit of your testimony, which may contradict or explain unfavorable testimony we have received from other witnesses,” Quinn stated.
The delegate was additionally warned he risked a presumption that he is not cooperating “because you are unable to refute the allegations made against you.”
The San Nicolas-Salas Matanahe campaign office in Tamuning on June 27, 2022.
