Babauta: Torres potentially in contempt

Rep. Celina R. Babauta (D-Saipan), who chairs the House of Representatives Judiciary and Governmental Operations Committee that is looking into Gov. Ralph DLG Torres’ travels and expenditure of public funds, said over the weekend that Torres is in violation of a subpoena that summoned him to appear before the committee Friday at 10:30am, which could also mean he is potentially in contempt.

Babauta issued this statement despite the committee’s meeting with Torres’ counsels, Ross Garber and Gilbert Birnbrich, which ended Friday at 10:20am and the subsequent appearance of Department of Public Safety Commissioner Robert A. Deleon Guerrero before the committee, which took the whole day.

Babauta said Torres may already be held in contempt for failing to appear in accordance with the subpoena.

She said if Torres appears voluntarily to cooperate and testify under oath at the JGO’s scheduled meeting tomorrow, Tuesday, at 10:30am, the committee will decline to pursue contempt charges for his earlier failure to appear.

With respect to Deleon Guerrero’s testimony, the DPS commissioner completed his testimony Friday without any incident, despite expectations that his testimony would be marred with shouting matches, considering that JGO Committee member Rep. Edwin K. Propst (D-Saipan) has been constantly criticizing the commissioner in previous hearings and on social media.

In July 2020, Deleon Guerrero figured in a heated discussion with Rep. Christina E. Sablan (D-Saipan) when he raised his voice several times during a budget hearing, following the lawmaker’s back-to-back questions on nepotism, furloughs, and civil service rules.

At Friday’s hearing, Deleon Guerrero said that Torres does not ask to meet him at the tarmac from his off-island trips and that he does it voluntarily, nor does Torres asks him to carry his hand carry luggage at the airport. He said it only happened once and he is unsure if his badge allows him access across the airport because he is always accompanied by airport personnel when he goes there.

When asked about non-disclosure agreement that were allegedly signed by DPS officers on or before June 22 and 23 this year, Anthony Aguon, counsel for Deleon Guerrero, said that that question has already been answered that there is no NDA.

Aguon said his client has not seen the documents and if the committee has evidence otherwise, present it to them so he will discuss it with the commissioner. “I’m willing to receive it and discuss it with my client,” the lawyer said.

Deleon Guerrero said he asked to investigate the existence of NDA’s.

When asked if DPS’ relationship with federal partners changed in anyway after information that Boating Safety resources were used in connection with Torres’ personal, recreational activities such as fishing trips to Managaha, Deleon Guerrero replied, “Not to my knowledge.”

Aguon told Saipan Tribune after the hearing that the commissioner answered questions truthfully and honestly as he has nothing to hide. “He has the utmost respect for the law and the legislative process and asks the community to do the same,” Aguon said.

The lawyer, however, stated that he and Deleon Guerrero were just as surprised and concerned that the Legislature doors were locked upon their arrival. He said many members of the community who chose to show up at the hearing in support to Deleon Guerrero were completely denied entry.

“Nonetheless, the commissioner would like to thank everyone who showed up this morning (Friday) in an attempt to participate in what is supposed to be an open public hearing,” Aguon said.

In her letter to Birnbrich Saturday, Babauta said the JGO agreed to meet with him in person Friday at 9:30am in the hopes of addressing any reasonable concerns that he might raise on behalf of the Office of the Governor.

Babauta noted that this Friday meeting was to take place prior to the JGO hearing where Deleon Guerrero and Torres were subpoenaed to testify at 10:30am.

The chair said Birnbrich and Garber, who attended the meeting via video conference, reiterated the same concerns and objections that had been already considered and rejected for lack of legal merit. She said her letter once again explains their legal reasoning for subpoenaing Torres’ testimony and the committee’s reasons for rejecting and overruling the objections that have been raised by Birnbrich and Garber.

At this meeting, Babauta said neither Birnbrich nor Garber presented anything that the committee had not already rejected in writing and in their previous discussions.

“This attempt to rehash the same meritless objections was extremely disappointing,” she said.

Babauta said the committee also rejected Birnbrich’s proposals that the JGO submit its questions to Torres in writing so that the governor could respond in writing. Instead, the committee asked if Torres would be inclined to testify voluntarily and cooperatively, but still under oath Friday at 1:30pm instead of 10:30am if they agreed to relieve him from his subpoena to appear. Garber asked the JGO to extends the offer to today, Monday. Babauta said they rejected this proposal.

She said the meeting ended at 10:20am in the hopes Torres would appear as ordered under the subpoena, or Birnbrich or Garber would advise the committee that the governor would appear voluntarily that day at 1:30pm.

Babauta said Torres failed to appear at 10:30am and that Birnbrich and Garber failed to advise the committee prior to the 10:30am that the governor would not be appearing.

Having heard nothing from the Office of the Governor by 12:19pm Friday, Babauta said they took the initiative to ask Garber for any updates.

She said they received Birnbrich email sent at 3:02pm Friday, with the following proposals:

*Governor agrees to voluntarily meet with the JGO chair to discuss agreed upon issues within the scope of the JGO inquiry. The governor’s testimony will not be under oath. Only the JGO chair from the committee shall attend and ask questions. House Speaker Edmund S. Villagomez will be invited to participate to facilitate a respectful and equal opportunity for discussion.

*Meeting would be a mutually agreeable time and place.

*Meeting would be broadcast to the public.

*The committee would need to withdraw the subpoena.

*The governor does not waive any rights, privileges or prerogatives, including but not limited to, any executive privileges.

The committee rejected the proposals.

Saipan Tribune will publish more details about the commissioner’s testimony tomorrow.