A government of law and not of men

It was very surprising and unusual to learn that Gov. Eloy S. Inos had requested the CNMI Board of Parole to begin the process of pardoning former governor BenignoFitial, two days before he was even sentenced by the court. The sad and shameful saga of the former governor began about two years ago with a number of questionable actions and transactions that he made while in office. We are now all-too-familiar with the findings made in the articles of impeachment that were adopted by the House of Representatives. At its core, the accusations made against the former governor were the flagrant abuse ofhis executive power and the atmosphere of corruption that permeated his administration.

Because of the direct involvement of the former attorney general, a gubernatorial appointee, in many of the charges made against the former governor, the Office of the Public Auditor—to its credit—had to step in and independently investigate the accusations that were made against Fitial. The criminal charges filed by OPA against the former governor culminated in a plea agreement that he entered into with the OPA and the newly elected Attorney General. Only his sentencing remained, which took place on June 24, last week.

Before the ink had even dried on the judge’s signature in the criminal judgment of conviction and sentencing, Inos had already begun the process for granting an executive pardon to the former governor. Without even knowing what the sentence of the former governor would be, Inos clearly had already decided that he should grant a pardon to Fitial. For a number of reasons, Inos’ action directly contravened the judicial process and our respect for the law. It made a mockery of our system of law and the independence of the judiciary in matters that are strictly relegated to the third branch of government. If even before the court hands down a sentence, the chief executive turns around and pardons (or commutes the sentence handed down by the court), what would be the point of having a court system?

No one is questioning the fact that the governor has the power to grant a pardon or executive clemency. We all know that from civics class. What the public is questioning is the propriety of the steps taken by Inos and the timing of such action. It is almost as if, regardless of what sentence is handed by the court, Inos had already made up his mind, for some time now, that he would pardon the former governor. And please don’t tell me about President Ford pardoning President Nixon. Two wrongs don’t make a right.

The next reason why Inos’ decision to pardon the former governor is highly suspect is his very close relationship with the former governor. Although he has the power to pardon regardless of what the board of parole decides, the power of executive clemency should be used sparingly and only for reasons that would serve the best interests of justice. Yes, justice is at the very heart of granting executive clemency. And the reason for this is because the public was harmed by the unlawful actions of the former governor. To now say that the public interest is subservient to the former governor’s interest is to commit a blatant disservice to the public and would continue the very cronyism and buddy-buddy system that the former governor was fond of doing when he was the chief executive.

Inos should have thoroughly considered the consequences of his plan to pardon before he acted on it. He did not and, in the process, encroached on the jurisdiction of the court. Should the judges now, like some board members have been doing for years, have to call up the governor first before a defendant is sentenced—to find out if the governor is considering a pardon for the defendant? I hope not, but that is the implication of Inos’ recent decision to pardon the former governor.

I am fully aware that many of the two governors’ supporters and followers will chastise me for writing this letter. I write it though because if the Commonwealth is to mature politically and become a government of law, then we must stop all forms of corruption in government. In order to do this, the laws must first be followed and the separation of powers among the three branches must be respected. And even executive pardons when exercised must not be abused by the executive.

Alexander “Colonel” Sablan
Dandan