Torres moves to dismiss Articles of Impeachment

Saying it “irreparably violates” the mandate of the CNMI Constitution, Gov. Ralph DLG Torres has asked the Senate to dismiss the Articles of Impeachment lodged against him by the Democrat-controlled House of Representatives.

In his 27-page motion to dismiss filed before the Senate Monday, Torres, through his lawyer, Anthony H. Aguon, said if the Senate decides that it would like to receive testimony and additional evidence before ruling on the dismissal motion, then he is prepared to do so at a hearing on the merits of the Articles of Impeachment charges, or such other time as the Senate prefers, prior to it addressing the merits.

Aguon said the AOI also contravenes due process for a number of reasons, including the House’s failure to comply with the statutory laws and House rules applicable to it and its members.

Aguon

The lawyer said the AOI is constitutionally defective as the House acted in excess of its constitutional mandate and seeks a greater penalty than is constitutionally allowed.

Aguon said the analysis of the CNMI Constitution expressly instructs that “the only sanction available against a governmental official who is impeached is removal from office.” Therefore, the Constitution limits the House to only removing an official from office, he said.

In this case, Aguon said, the AOI seeks to impose a penalty or sanction that bars Torres from being a candidate for re-election in 2022. He said the AOI demands this unconstitutional penalty and sanction a total of six times.

The lawyer said the numerous insistence on disqualifying Torres from the 2022 election indicate that the House is knowingly requiring imposition of the unconstitutional penalty or sanction. Aguon said the AOI’s unconstitutional penalty or sanction renders it null and void and it “cannot be deemed effectual.”

He said impeachment is not a felony that would preclude a person from running from office. He said basic research establishes that the House knew or should have known that removing Torres from office would not be a felony conviction that would disqualify him from running for office pursuant to Article 3 of the CNMI Constitution.

He said the House was obviously aware of this fact, in as much as Rep. Sheila J. Babauta (D-Saipan) acknowledged in a statement before the Senate that an impeachment “is not a criminal case.”

Torres

Aguon said the AOI exceeding its constitutional parameters is a constitutional defect that cannot be remedied.

“If the Senate could amend or alter the AOI, it would, in effect, be encroaching on the House’s constitutional power and authority to bring impeachment charges,” he said.

The lawyer said it appears that the House intentionally and deliberately ignored the constitutional limitation on its power, as the goal was not only to remove Torres from office, but also to eliminate him as a candidate in the 2022 election.

On the other hand, Aguon said, if the House Committees did not bother to exercise due diligence or perform any basic examination of Commonwealth law prior to welding the extraordinary process of impeachment, then this shows that the House acted in reckless disregard of, and with no respect for, the power of the people as expressed by their votes to adopt the Constitution and to elect Torres in 2018.

Aguon said the AOI violates due process by failing to comply with the House Rules and Commonwealth law. He said the inquiry and investigation of the House Special Investigating Committee on Impeachment did not comply with the House Rules.

The lawyer said the House Judiciary and Governmental Operations Committee chaired by Rep. Celina R. Babauta (D-Saipan), pre-filed the AOI on Dec. 20, 2021. The next day, House Speaker Edmund S. Villagomez (Ind-Saipan) created the Special Investigating Committee on Impeachment and referred the AOI and the impeachment matter to that committee. Aguon said that, after its formation, the Special Investigating Committee on Impeachment held only one meeting on Jan. 4, 2022. At the Jan. 4 meeting, he said, the Special Investigating Committee adopted a one-page set of rules to govern the impeachment process.

He said at that meeting, the Special Committee also voted to prepare a report that would refer the AOI to the full House.

The lawyer said the Special House Committee did not conduct any investigation, did not issue any subpoenas, did not call any witnesses, did not take any testimony, and did not require the production of any documents or other evidence and did not officially adopt any testimony or other evidence collected by the House JGO.

Such failures, he said, demonstrate that the Special Committee “did not make a diligent and careful inquiry and investigation into all of the facts and circumstances connected with” the AOI as mandated by House Rule 7, Section 4.

Aguon said the rush and circumvention of the Rules and procedure was apparently to expeditiously obtain adoption of the AOI as a response to the civil lawsuit that the governor filled challenging the validity of the JGO subpoena to him.

He said it apparently was also to eliminate Torres as a political rival of Rep. Christina E. Sablan (D-Saipan) in the November 2022 election.

The lawyer said the Special House Committee did not comply with the notice requirements of the House or the Open Government Act in adopting its report and forwarding the report to the full House.

He said since the AOI was not properly before the full House for consideration, the House’s adopting the AOI is invalid and should accordingly be dismissed pursuant to law.

Aguon said the underlying fact that the JGO was overstepping its jurisdiction and operating as an impeachment committee has been substantiated by Sablan herself. The lawyer said at the Special House Committee’s Jan. 2, 2022 hearing, Sablan acknowledged that the AOI is a product of the JGO’s investigation and not any investigation or act performed by the Special House Committee.

He said Sablan continued by asserting that the Special House Committee is treating Torres fairly, as the JGO gave the governor multiple opportunities to address the allegations against him but he did not do so.

“This confirms that the JGO was actually conducting an impeachment investigation under the guise or cover of a committee investigation to amend existing laws or enact new legislation,” Aguon said.

He emphasized that the JGO did not possess authority to conduct an impeachment investigation as the House speaker had not expressly authorized the JGO to commence such an extraordinary exercise of legislative power.

He said the AOI should therefore be dismissed on due process grounds pursuant to law.

Aguon said the subject areas involved in the JGO investigation were outside of the JGO’s jurisdiction as it involved subject matters allocated to other committees. As an example, he said the JGO spent an enormous amount of time investigating Torres’ use of public utilities, when pursuant to House Rule, public utilities were within the jurisdiction of the Committee on Public Utilities, Transportation, and Communications and not the JGO.

He said the House Ways and Means Committee has jurisdiction over expenditures and financial administration of the government and not the JGO. Nonetheless, the lawyer said, the JGO spent a significant amount of time investigating the governor’s obtaining reimbursements for expenditures.

Aguon said since the JGO acted contrary to the House Rules in usurping the jurisdiction of other committees in its unauthorized impeachment investigation and preparation of the AOI, without the express authorization of the speaker, the AOI is invalid in its entirety.

He said the AOI violates Constitution Article 2 Section 15, the Government Ethics Act, and House Rule 11.

Aguon said Sablan’s unlawful participation in the impeachment of Torres is a violation of Article 2, Section 15 of the NMI Constitution, the Government Ethics Act, and House Rule 11 Section 7 because she is running for governor in 2022 and possess a personal interest in Torres’ impeachment.

He said Sablan initiated the JGO hearings by requesting to include the minority report of the 21st Legislature in the records of the 22nd Legislature; and to expeditiously refer the report to the JGO.

Aguon said Sablan was a motivating force for the AOI, a signatory to the AOI, and was one of the House members who introduced the AOI to the House floor on Dec. 20, 2019.

He said Sablan unlawfully participated and voted in the Special House Committee.