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Bright and sunny with a strong breeze continuing to bring cool relief.

This cartoon was inspired by the Governor's actions in the week following  his SOCA (State of the Commonwealth Address) where he said he had made mistakes but learned from them, and that he would not repeat them.

Of course, in the SOCA he blamed the Federal government for failing to help enough. Since then he has made no progress on paying the contributions owed to NMIRF. He has abandoned his former plan pushing for pension obligation bonds (reported after I drew this cartoon), with his new mantra being we need "new" investment (and his latest deal with E-land for the purchase of Aqua Resort Club).  He has said that he must continue with strong government employment practices and indicated he wants to hire more, despite our bloated government payroll. He has already issued an RFP for a new power plant, despite the questionable need for such an expensive purchase at this time.  He has shelved the request for extradition of Ed Buckingham and there appears no likelihood he will do so.  And of course, he is gearing up to defend himself in the Senate, recognizing he will lose in the House on the impeachment.

He obviously has not learned anything.

Coincidentally, the Governor's photo in today's Variety with the Mount Carmel School (celebrating 40 years of Catholic education) shows him wearing a yellow tie.  :-)

Since I drew this cartoon, the Governor has also avoided the MV news reporters, despite his promise of greater transparency.

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The relevant constitutional provision of our CNMI Constitution reads:

If a balanced budget is not approved (by the legislature) before the first day of the fiscal year, no money shall be drawn from the General Fund, provided that certain government services and employees shall remain available as provided by law, in order to deliver services essential to the health, safety, and welfare of the people of the Commonwealth and to protect against damage to and destruction of property.

The exact contours of this provision are now being tested by our current situation. And the limitations and protections of this provision seem to have already been stretched beyond reason and good sense in service of political motives.

1. The Saipan Tribune reports that Attorney General Ed Buckingham has used and is using public funds to hire a private attorney to represent him in the OPA investigation into his use of public office to support federal election (House of Representatives) candidate Joe Camacho. The hire of attorney G. Anthony Long occurred on September 17, 2010 --so predates the constitutional restriction on expenditures of public funds. But now the question becomes whether the continued services of Mr. Long can possibly be considered "essential services" during this government "shut-down." The answer seems obvious--NO! Legal services to cover Mr. Buckingham's ass in the investigation are not vital to "health, safety, and welfare OF THE PEOPLE."

No time that Mr. Long puts in from October 1, 2010 to the enactment of a budget should be billed to the public or paid for with public funds.


2. The Marianas Variety reports that Deputy Police Commissioner Ambrosio Ogumoro told DPS supervisors during work hours in a meeting to have their subordinate police officers bring food to a political gathering for US House candidate Joe Camacho. Almost worse than this political pressure is the report that police officers, while on duty, "delivered picnic tables, cut fish and helped in the preparation" for the political gathering.

Not only is it a violation of law for state government workers to aid in a federal election campaign as part of their state government work, we are in a SHUT-DOWN and only essential services are to be provided and paid for.

Helping on a political campaign is not essential service for the "health, safety, and welfare of the people of the Commonwealth."


We need a full investigation of both of these. We may need a lawsuit challenging expenditure of taxpayer funds in derogation of the Constitution. And for this, we need leaders to take the lead. They must step up and insist on behalf of all of us that the tyranny end; that our rights be protected; and that our government remain and return to democratic principles.

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The weather, the world-more of the same. The ocean was a study in light and dark this morning, with patches of brigh turquoise and strecthes of indeterminable gray/purple/shadow, and in between pacific blue.
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As if hearing Wendy Doromal's question, the Marianas Variety apparently tried to track down the information about the release of David Tanaka Diaz. In fact, he was paroled.

Some interesting bits:

1. Diaz's appeal challenged the court's sentencing. The CNMI Supreme Court, in its October 2003 opinion, said that he could be sentenced to either 25 years or more of jail OR a fine. The Supreme Court wasn't sure the trial court realized that it could avoid jail time in sentencing and just order a fine. So it remanded.

2. The sentencing STATUTE 6 CMC sec. 2141(b)(1)(b) (amended in 1991 by P.L. 7-42) specifically says the sentence shall not be subject to suspension.

Any person that violates subsection (a) of this section with respect to
(1) A substance classified in Schedules I or II which is a narcotic drug or methamphetinehydrochloride shall be sentenced for a first offense to a term of imprisonment for a term of not less than 25 years, a fine of not more than $10,000, or both and the term of imprisonment shall not be subject to suspension, probation, or parole...

3. The Supreme Court, among other things, held that the language of this statute meant that the original sentence, which included 5 years suspended sentence after the 25 years mandatory imprisonment, was not authorized. The sentence, whatever the term of imprisonment, could not be subject to suspension, probation or parole.

4. On remand, the Superior Court issued a 25 year sentence of imprisonment, not subject to suspension, probation, or parole.

5. Obviously, by statute and by court order, that sentence is NOT SUBJECT TO SUSPENSION, PROBATION OR PAROLE.

6. The Attorney General, Ed Buckingham, is the legal counsel for the Board of Parole, according to the Marianas Variety.

7. The Board of Parole granted a parole to David Tanaka Diaz, despite having no authority to do so.

8. The Attorney General, Ed Buckingham, seems to also be the legal counsel for the Department of Corrections. (I say this based on the AG's role in massage-gate.)

9. The DOC, knowing that the Board of Parole had no authority, knowing the terms of imprisonment set by law and court order, knowing 25 years has not elapsed since his imprisonment and the sentence has not been satisfied, released David Tanaka Diaz on March 12, 2010.

10. CONCLUSION: We have put the crooks in charge of the prison. We have a breakdown of law and order.

This is the third incident involving DOC in the past couple of months--the Chinese federal detainee-masseuse taken to the Governor in the dead of night by Dolores San Nicolas to massage him; Mr. Aldan, husband to former DOC chief Dolores San Nicolas, in prison but noncompliant with the terms of his plea but getting weekend releases and his gun which has not been returned; and a two-time convicted ice dealer who got caught with the largest amount of the drug in CNMI history now released contrary to statutory law and the court ordered sentence for his crime.

This is really bad.

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Another perfectly beautiful day in paradise! Blue skies with some white clouds. Sunshine, moderated by refreshing breezes. Cadena d'amour, a pesky vine with very pretty, small pink-petaled flowers, is in bloom.
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Before I go and read all the blogs and comments and talk with others, I'm just going to give some gut-level responses to the headline news that Judge Munson quashed the subpoenas in "massage-gate."

He's acted promptly. No one can say he dallied about on this.

He's articulated reasons that make sense (at least to lawyers). Separation of powers and the restraint of the court from participating in the government's investigation are not pretty or popular sound-bites, but they are important foundations of our legal jurisprudence and our system of government.

He's acted fairly and neutrally. I'm guessing he's as curious as the rest of us to actually find out what happened. But he didn't let his own curiosity or disgust about the situation overtake his judgment.

I don't like the outcome, but I'm not fair and neutral. I am disgusted and wanted some heads to roll. Still, I can't fault Judge Munson for reaching this decision.

Now, we'll have to see if this is the end of Massage-gate, or if there will be more federal investigation, more action by the court. I sincerely hope that the Governor is required to pay for his serious and flagrant abuse of power.

Because I don't agree with the Tribune's headline news or the Governor's take that "the truth has prevailed." We haven't heard the truth yet. It hasn't yet prevailed. Ed Buckingham represented the Governor, but he didn't represent the people in this matter. He has won nothing for us.

We did get this, though, from the order:

According to the declarationo fCaptain Georgia Cabrera, it appears that movant (Dolores San Nicolas) left and returned to the Governor's room several times during the treatment, presumably leaving the defendant unattended by any corrections officer for some periods of time...This conclusion is supported by the declaration of Corrections Officer I Abigail Borja...

So at least we know that the defendant was not really in custody all of the time. The spin of the Administration isn't fully supported by the existing factual record, as thin as that record is. And so there are still many, many unanswered questions.

And Stanley Torres is wrong. Shutting up and not disclosing in full public view the answers to the many questions does not put an end to the controversy. It will simply fester.

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