‘Do what is right for the people’

Editor’s Note: Rep. Corina Magofña (D-Saipan) delivered the following remarks regarding the Senate Impeachment Rules during the public comment section of the Senate session Thursday, March 3, 2022.

Thank you again, honorable members of the Senate, yan buenas dias para todus hamyu ni man e-ekungok. Since I am only allotted a specified amount of time, I will keep it short and simple. If the Senate body moves forward and adopts the Impeachment Rules as it is, then you’ll be encroaching and overreaching into the House of Representatives’ abilities to prosecute the case that’s before us. Plain and simple.

Senators, the Senate on the federal side has respect for their counterparts in the House. They gave the House of Representatives the autonomy to decide for themselves who they choose for their managers and how many. Why is the CNMI choosing to do it differently?

President Hofschneider, you released a press release in which you stated that the House should not comment on your procedures. But, sir, we as House members had no choice but to comment on the rules because you are infringing on the House’s right to choose its own managers, and unfairly hampering its ability to defend the case.

The Senate trial committee has neither the authority to adopt some variation of exclusionary rule of suppression nor is it within their legislative jurisdiction to pick, choose, or eliminate altogether prosecuting members of House managers.

Simply put, the U.S. and NMI constitutions unambiguously define the roles of both congressional houses as related to impeachment. The House, through their strenuous and meticulous collection of evidence, opens up the impeachment process for review and vote.

Of course, we all know that the executive being impeached does not haphazardly got the moniker all by way of proffered evidence. This distinction arose from the potency of evidence in addition to the approval votes of the House members.

To complete the cyclical constitutional command to its finality, Senate members are dictated, required, or rather mandated by both U.S. and NMI laws to initiate a proceeding and ultimately find conclusive decision most warranted.

Hence, it is not illogical to think that Senate rules for such proceeding may deter from establishing set rules and/or guidelines in order to run their trial as smooth as possible, fair and without any sort of hiccups.”

But here’s where the problem lies: Nobody here contests your ability to look for some sanity in the chaos of trial. Rather, it’s how you go about establishing such rules, rules that went beyond the scope of your duties. The rules that have been presented for vote and passage were neither an inadvertent attempt to circumvent another legislative body’s duties nor lack of foresight, intuition or knowledge in legal theory. Rather, it is a blatant attempt to demean, demoralize, and ridicule the constitutional rights of an entity—the people’s House.

For that reason alone, a purposeful cause to encroach and meddle in affairs of others is unconstitutional and unclean! By the attempt of creating and eventually passing such one-sided and unconscionable precepts, you as senators are the ones without morals and ethics. You have sent a conscious message that establishes a means to an end; i.e. let us all “forget” this ever happened and continue with business as usual.

Such types of behavior are never, or rather, should never be rewarded. Senators, level out the playing field for all parties involved. Make the necessary amendments to the rules. Do what is right for people. Do what is fair. Si yu’us ma’ase in advance on behalf of the people of the CNMI.

CORINA MAGOFÑA (Special to the Saipan Tribune)
Corina Magofña is a member of the House of Representatives of the 22nd Legislature, representing Precinct 3.