2 seek TRO against Senate impeachment proceedings

With the Senate set to vote on Gov. Ralph DLG Torres’ motion to dismiss the articles of impeachment this Friday, Sen. Paul A. Manglona (D-Rota) has filed a motion with the Superior Court requesting a temporary restraining order prohibiting Senate president Jude U. Hofschneider (R-Tinian) from moving forward with the impeachment proceedings—specifically this Friday’s session—to decide on the pending motion to dismiss.

According to the pro se motion that Manglona and Carmen Patricia Deleon Guerrero filed Monday, the two seek to intervene in the ongoing court proceedings in Torres’ lawsuit against the House Committee on Judiciary and Governmental Operations, and have the court issue a restraining order to prohibit Hofschneider from moving forward with the impeachment proceedings.

“Movants request that the court issue a temporary restraining order that prohibits CNMI Senate president/Senate impeachment presiding officer Hofschneider, and all others acting in concert, in tandem, together with, on behalf of, collusively with, and/or aiding Hofschneider, from proceeding with the pending motion to dismiss the Senate activities, proceedings, and matters, including the Articles of Impeachment, relating to and/or arising from the Jan. 12, 2022, impeachment of CNMI Gov. Ralph Torres for theft, corruption and neglect of duty, which pending motion to dismiss and related activities,” the motion stated.

Manglona also wants the court to order Hofschneider and the CNMI Senate to provide the CNMI House of Representatives an extended deadline of May 19, 2022, to comply with the Senate’s rules in regards to the impeachment records.

“During which extended time CNMI House members and personnel may take any steps necessary or advisable to modify, amend, reorganize, and submit to Hofschneider and/or the Senate clerk, the extensive records of approximately 10,000 pages upon which Torres’ impeachment was substantially predicated; and, at which time the House record shall be deemed accepted and admissible by Hofschneider and the CNMI Senate, in any and/or all subsequent CNMI Senate proceedings,” the motion said.

Manglona also asked the court to compel Hofschneider and the CNMI Senate to allow the House to select and designate either a single CNMI House member, or up to five House members, to serve in the capacity of impeachment prosecutors.

Manglona also brought up these same requests with the Senate president during yesterday’s hearing.

However, the Senate president and other senators stood firm in the decision to prohibit House impeachment prosecutor Rep. Corina Magofna (D-Saipan) from taking part in the proceedings, and continued to hear Torres’ motion without a two-party system.

Following a presentation from Torres’ counsel, Anthony Aguon, the Senate took under advisement the motion to dismiss and will reconvene on Friday for a vote.

The vote will be among seven members of the Senate since Sens. Vinnie Sablan (R-Saipan) and Justo Quitugua (R-Saipan) have recused themselves from taking part in the impeachment proceedings.

“I hope the senators hear me and I will be waiting on their decision,” Aguon said.