Quash, anyone?

KSPN-2, the local cable news channel reported tonight that District Judge Alex Munson has quashed the subpoenas for Gov. Benigno R. Fitial and four Corrections officials to appear at a Feb. 17. evidentiary hearing. They haven't posted the streaming video yet, but it can be accessed later through their home page.

The U.S. Attorney's Office said it requested the hearing to discover whether Qing Mei Cheng's transfer under escort from prison to Fitial's residence could have affected her trial on human smuggling charges.

More later... going out the door.

CNMI paper implies First Amendment Retaliation

The Marianas Variety suggests, without making a specific accusation, that political retribution is behind the CNMI Department of Public Health pulling its advertising.

That would be troubling, if true -- and illegal. For example, in a quick search for First Amendment Retaliation by governments I found cases from Mississippi and Puerto Rico.

If possible, the newspaper's relations with Gov. Benigno R. Fitial and his administration have become more strained since his re-election, capped by their reporting the governor's controversial massage by a woman who was in federal custody.

I'm hesitant to say more, because the piece is more editorial opening salvo than news story. Tomorrow is another day.

However (heh), I did rummage through some back issues that were squirreled away and DPH doesn't seem to be the only government agency that is migrating away from the Variety and staying with the Saipan Tribune.

Evidently, the Variety learned this Friday, which makes the bare-bones reporting more understandable. Additionally, the paper claims that "Variety reporters covering the executive branch are also not getting replies to their requests for information and comments."

I had wondered why they were getting 'scooped' on stories that are essentially press release journalism.

Ai adai in court

The lawyers have had their day in court, and now the CNMI Supreme Court says the Northern Islands will have to elect their mayor, again.

Not that it matters to anyone except the candidates and the employees either would hire. As far as I know an Acting Mayor is still appointed when the Mayor actually leaves Saipan; most of the 'residents' vote here. The office's main function (besides employment) seems to be offering quick marriages.

My main interest in the case stems from Judge David Wiseman ordering disqualified voters to unsecret their ballots. Jaw-dropping, though mitigated by the argument that, after all, they committed fraud by saying they had lived in the Northern Islands at some point. Still, once you've broken the rules once, well, why not lie about your vote too?

The Marianas Variety just printed the press release on this one.

Guest host

With District Judge Alex Munson off-island, Wiseman was the Designated Judge, ordering that the latest group trying to reach Guam illegally "shall not be removed from the Corrections facility without an order from the court or direction from the U.S. Marshals Service." The Variety mined that nugget, which the Saipan Tribune missed.

This one could easily have turned tragic, from the narrative printed in the Variety. Inexperienced people in rubber rafts, leaving in the dark and with only the vaguest idea of where they were going is a recipe for disaster. It's comic now.

Slow motions

The masseuse that was loose --though under guard -- continues to dominate local headlines. More in the Marianas Variety, which gave the U.S. Attorney's argument to hold a hearing front page coverage Monday with the headline (Gov. Benigno R.) "Fitial’s massage by detainee a personal service".

That's a quote from the motion, which just makes it the opinion of Assistant U.S. Attorney Eric O'Malley. I've actually heard a misbegotten soul argue the opposite, though it seems that line of reasoning would have about as much chance as a landlubber putting to sea in a rubber boat.

A day later, the Saipan Tribune offers up the more factual "US govt: Federal court has authority to order evidentiary hearing" on page six. To be fair, maybe the Tribune couldn't get a copy of the Friday motion until Monday. Both stories were old news anyway: from Florida, Wendy Doromal got a copy of the motion and posted a pdf Friday.

In any case, these motions and the evidentiary hearing are just preliminaries. Watch your local newspaper for more.

Incident* exposure

Governor Benigno R. Fitial's midnight massage by a federal detainee is turning into exactly the sort of public relations nightmare I expected.

Just when the local media's boilers were losing steam, CNMI Assistant Attorney General David Lochabay has moved to quash the subpoenas** to testify at the Feb. 17 evidentiary hearing. The U.S. Attorney's Office will likely oppose the motion; there may even be a pre-hearing hearing. That should stoke the fires for a few more news cycles.

And we still don't really "know" more than we did a few days after the Marianas Variety broke the story. "Sadly, it is hard to imagine how anyone connected to the incident could avoid the derision and stigma of the public after this media assault," Lochabay writes in the motion. True enough, but the brand is self-inflicted. I truly sympathize with any one experiencing severe back pain. But, really? A masseuse, charged with human smuggling?

Lochabay also suggests that the hearing is nothing more than a fishing expedition for evidence of crimes based, it seems, on Assistant U.S. Attorney Eric O'Malley's somewhat neutral response to a reporter's question that "It's way too early to say that. Even if there were, I won't tell you."

Oh, and "agents of the Federal government have already interviewed" Corrections Commissioner Dolores M. Aldan, Lochabay added.

That brings up an interesting issue, assuming that the hearing goes forward. As Lochabay points out "the Commonwealth was, and is, in a decidedly awkward position, being a prime party in interest (Indeed, the real party in interest as it was the Commonwealth's responsibility to maintain custody of Ms. Cheng)"

That wouldn't be much problem for the three Corrections officers, but there is a real possibility of a conflict-of-interest concerning the Commissioner and the Governor (To a lesser extent, based on what we "know" from media reports) if the line of questioning marches into a legal minefield.

So, my train of thought runs exactly opposite to those saying these officials shouldn't be represented by the CNMI Attorney General. In an informal hearing such as this, what's wrong with the AG handling the preliminaries until the feds have tipped their hand? If it gets sticky, it may be in some people's interest to seek their own counsel.

And the media can fire up their boilers again.

* "(This trip to the Governor's house is, hereinafter, the "incident")." -- David Lochabay's motion

** I was looking for news about this motion in the Saipan Tribune, but no luck. Fortunately, Wendy at Unheard No More is all over these court papers-- I stole her link. (The uncharitable have been trashing the Tribune for its coverage. Unfairly, I think, just because they didn't get the original story.)

Detainee Massages Governor

The Marianas Variety's Human smuggling defendant is governor’s masseuse gets my vote for story of the year. It's only January, but how can you top that?

The Variety says four Corrections officers escorted a Chinese woman being held for the U.S. Marshal to and from jail so Governor Benigno R. Fitial could get a massage*. Seriously.

Nobody's talking --except the Variety source(s) -- but this has all the makings of a story with legs. I'm amazed the national media haven't picked it up yet.

They will, though this probably isn't the best way to put the CNMI on the map.

Words fail me. Well, almost. It's absolutely amazing that an administration fighting to control alien labor would do this with a human smuggling defendant in federal custody. Who came up with this idea? I don't know, but there are going to be consequences.

Read the story; 'fair use' means I shouldn't quote the whole thing. I'll just wait to hear more from the Attorney General and the feds.

Off massage

Meanwhile, some wag said it was 'work release' program.

Groan. But then, I had to keep up: "I wonder if she was wearing one of those orange jumpsuits?"

Back at me: 'Maybe they thought it was part of the federal stimulus package.'

I gave up before it got out of control.

* For those of you with dirty minds, the Variety carefully notes: "In 2006, Fitial underwent a series of operations to treat his spinal stenosis, a medical condition in which the spinal canal narrows and compresses the spinal cord and nerves." Still, the island is awash in massage parlors; some of them are even legitimate.

Emergency room

So the answer to years of mismanagement at the Commonwealth Health Center is... foreign doctors?

I'm not making this up --even for me that's too bizarre and breathtaking-- the Saipan Tribune says Governor Benigno R. Fitial wants to put CHC "under a state of emergency to allow the hiring of doctors from the Philippines and other countries".

You have to wonder whether he talked to Acting Public Health Secretary Pete Untalan, quoted in the article as saying "the CNMI cannot hire doctors from that country (the Philippines) due to the standards and requirements mandated by the federal government."

"The declaration is being drafted and may be issued this week," the Governor reportedly said. "I am meeting again with the attorney general on this." I'd love to be a fly on that wall.

Another Acting Public Health Secretary John Tagabuel just told the Marianas Variety last week that CHC is in trouble with the Centers for Medicare & Medicaid Services. I'm sure they'll love this development.

Two quick questions: why this flailing about when the Administration has had four years to make improvements and, why did the Legislature only start making noise two months before the election?

I've been hearing horror stories from (ex or soon-to-be ex) doctors for more years than I can count.

The ice-man cometh?

Conspiracy? Really? Is the Drug Enforcement Agency's intrusive search of Chinese passengers an effort "to discredit the CNMI government's claim of ability to monitor the entry of Chinese and Russian tourists"?

I thought the Administration's lawsuit shouldn't have any effect on federal agencies. Not so, Gov. Benigno R. Fitial now says:

"This is a conspiracy. We're in the middle of discussing and negotiating allowing Chinese and Russian tourists to come into the CNMI under a visa waiver [program], then all of a sudden this occurred."

Were the searches of all Chinese passengers over-the-top? I think so. In fact, in more than an hour of internet searching I couldn't find news about a similar mass pat-down. That hardly proves anything, but it's an indication.

Still, everyone on Saipan, Rota and Tinian knows crystal methamphetamine is a threat to the community. They also know China is the predominant source of 'ice'.

Was the DEA heavy-handed? Sure, but that's the way the agency operates. It's bound to hurt tourism to some extent with such operations. They should find some middle ground.

But that's hardly a conspiracy.

I just scooted over to the Marianas Variety The commenters don't seem to agree with the Governor.

A boy named sue

Nobody should be surprised that Gov. Benigno R. Fitial has filed his lawsuit against the federal government -- the move's been obvious since he first proposed it in his State of the Commonwealth Address and he consistently ignores anybody but his dwindling inner circle.

Former Office of Insular Affairs Deputy Assistant Secretary David Cohen puts it succinctly in the Saipan Tribune:

Moreover, while the lawsuit “tries to argue that the CNMI is being singled out with special restrictions that do not apply to any other community in the U.S,” the truth “is exactly the opposite. The CNMI is receiving special benefits that no other community receives under U.S. immigration law.”

I've written that before, but the Counselor does it so well. Another of my points he says better:

The governor, he added, “is essentially asking the court for protection because he’s afraid that the federal agencies will, in the future, ignore their duties under the new law and not implement it properly. Any court worth its salt would tell the governor to wait and give the feds a chance to do their jobs properly. You can’t sue public officials in advance for possible future misdeeds. You have to wait to see if those misdeeds actually occur.”

This Lone Ranger approach is arrogant enough, but the Governor evidently has such contempt for the Legislature that he's going to use funds that have not even been identified as resources:

In his Sunday statement, the governor says he “will not use any funds currently available for public services for this case” yet his spokesman, Charles Reyes, acknowledged in an interview that money obtained through government settlements will pay for it

“The governor is not prepared to get into all the technical details at this point. Of course, we'll want the Legislature's blessing,” Reyes added.

Amazing, and how exactly do you put the genie back in the bottle if the Legislature disagrees? Then again, when all of the chittering is done, Rep. Diego Benavente tells us the likely outcome:

Although lawmakers acknowledge the governor's authority to sue the federal government and to transfer funds for the suit, he added, they believe the litigation will be costly and counterproductive

With all (due) respect, and granting that the Legislature has abdicated its responsibility by giving the Governor virtually unlimited reprogramming authority, this is evidently money that has not been identified or appropriated. That attitude (again) raises the question Why do we need a Legislature?

Oh, and a quibble for the reporters; the Saipan Tribune and the Marianas Variety don't even tell us who's being sued, though the Tribune implies it by saying the suit was filed in the U.S. District Court for the District of Columbia "which is often the venue for challenges to federal regulations-against the Department of Homeland Security and the Department of Labor."

"Hey listen. Don't you think you're bounding over your steps ?" -- Arthur Stanley Jefferson (Stan Laurel)

Order please

Gov. Benigno R. Fitial seems to have picked up some bad habits during his time in the House of Representatives.

The Governor issued an Executive Order yesterday amending his Friday Executive Order giving the Commonwealth Utilities Corporation borrowing authority. That's the kind of ad hoc legislating that's given the CNMI a black eye for years. I lost count; were there three or four Executive Orders before he got it right when he took over the Commonwealth Ports Authority?

Ah, well, from the Saipan Tribune story, at least the amendment drops the unconstitutional provision letting one house of the legislature approve the deal. (The Marianas Variety doesn't seem to think either order is newsworthy.)

Technically, it's not legislating of course, though EO's have the force of law. I tried to look it up instead of depending on the Tribune but the information isn't readily available.

That amazed me. The CNMI Law Revision Commission website has the Constitution, the Covenant, Public Laws, the Commonwealth Register and lots of court stuff. (Click on "Legal Documents" in the sidebar of the Home page.)

Go to Executive Orders and you get this helpful advice: If you need a copy of an executive order or information regarding an executive order, please contact Programs & Legislative Review at (670) 664-2286/2288 / (670) 664-2313 (fax).

Not good enough by half. You shouldn't have to guess whether there is an Executive Order affecting you. EO's, like laws and regulations should be listed publicly. Actually, the Commonwealth Register is pretty lame too, unless you want to fork out 100 bucks for a subscription. The Attorney General link is broken. Don't try to get in through the Governor's Office, you'll end up on Saipan.Com, though the browser will tell you it's http://www.cnmiago.gov.mp/.

How about an Executive Order requiring that Executive Orders be published?

I'm just saying

The Saipan Tribune is reporting that Gov. Benigno R. Fitial wants to let the Commonwealth Utilities Corporation borrow as much money as it wants.

According to the Tribune, "the executive order includes a clause allowing the plan to be effective immediate upon being approved by one house of the Legislature." Is there another clause suspending Article X, Section 3 of the CNMI Constitution?

Public Debt Authorization. Public debt may not be authorized or incurred without the affirmative vote of two-thirds of the members in each house of the legislature.

Ticket please

I've always thought we should cut Gov. Benigno R. Fitial some slack. It's hard to see how anybody could have done better with the horrendous economy he inherited. There have even been stabs at streamlining the government.

Sure, I don't like his tendency to sell the farm to anybody who slides down the pike. 'Never met an investor he didn't like'. His Top Secret privatization scheme for the Commonwealth Utilities Corporation raised more red flags than the Division of Environmental Quality on a Saipan beach.

Now I'm wondering if the pressure is getting to him. Case in point: his reaction to the closure of Hollywood Theaters. Just raise the ticket prices, says the Governor who bills himself as the man who understands business. Who's he hanging out with?

For a minimum wage earner, it's a day's wages to take his kid to the theater and buy some snacks. Evidently customers are staying away in droves. That's not going to be fixed by charging more. Movies are a luxury, one that people are showing they can do without when they have a hard time putting gas in their cars and paying CUC.

Spokesman and Press Secretary Charles Reyes Jr's response to Rep. Stanley "Old Faithful" Torres about gasoline prices is more what I'd expect. "We understand markets and choose to focus on market economics rather than Huey Long politics." It would be my Quote of the Week if I had one.