Babauta cautions Torres

Gilbert Birnbrich and Celina R. Babauta

House of Representatives Judiciary and Governmental Operations Committee chair Rep. Celina R. Babauta has cautioned Gov. Ralph DLG. Torres that if he does not appear before the committee as directed, they will take appropriate measures, to include finding him in legislative contempt.

“This is not a threat but a cautionary notice to the governor, and all other individuals who are subject to our lawful subpoena power,” said Babauta in a letter Wednesday to the Office of the Governor’s legal counsel, Gilbert J. Birnbrich.

This comes soon after Birnbrich objected to the testimonial subpoena issued to Torres by the JGO. He cited three grounds in objecting to the subpoena.

First, he said, the governor, as head of the Executive Branch of government, is immune from compulsory testimony before an arm of the Legislative Branch, and such testimony is protected by executive privilege.

Second, he said, the subpoena does not further a constitutionally cognizable and legitimate legislative purpose.

Finally, the subpoena was not issued in accordance with CNMI law or House rules, he said.

“As an initial matter, we are not aware of any instance in the history of the United States that a legislative body on the federal or state level has compelled the testimony of the head of the Executive Branch for an oversight investigation,” he said.

Birnbrich requested Babauta or a designee to confer with him via telephone today, Friday, at 8:30am.

The Democrat-controlled JGO Committee is investigating the governor’s expenditures of public funds and travels. Torres is the titular head of the NMI Republican Party.

Torres and Department of Public Safety Commissioner Robert Alepuyo Deleon Guerrero have been summoned to testify before the JGO today.

Babauta agreed to Birnbrich’s request to confer with the JGO Committee today at 9:30am, at the House chamber, where they will listen to his position “in good faith.”

However, this does not in any way excuse anyone from compliance with any subpoena, Babauta said in her letter to Birnbrich. She said they fully expect all subpoenaed individuals such as Torres to appear as directed.

Babauta said at this time they will be preparing to conduct a JGO hearing today at 10:30am.

For months, she said, Torres has been longing for an opportunity to provide answers to the JGO inquiries. “We are providing him the opportunity to address the JGO Committee directly. Now is the time to show everyone that he truly has nothing to hide,” she said.

Babauta said the JGO has made every effort to be accommodating and to compromise with all witnesses summoned before the committee.

While agreeing to meet the governor’s counsel in person at the House chamber today, she advised Birnbrich that the objection that he raised in his letter has been reviewed by the House legal counsel and that the committee has determined that the points raised in the letters are without legal merit.

Babauta said Torres does not have immunity such that he can avoid the legislative subpoena.

She said there is a legislative purpose to their hearings.

She said there is ample authority supported by the House Rules, CNMI statutes, and the CNMI Constitution to issue their subpoenas and hold anyone, including Torres, in contempt, if, and when, there is a failure to comply with their subpoena.

Torres had responded to some of the JGO allegations in interviews with KKMP radio’s Gary Sword. He said he has decided to end the JGO “political show” by addressing the allegations. He said he decided on having the video interview after the JGO failed to respond to his letter to Babauta last Nov. 8, requesting for questions in writing.