Fitial administration gives Sablan more records

The CNMI government has handed over more documents to Rep. Tina Sablan relating to the government’s federalization lawsuit.

Sablan, who filed a lawsuit in Superior Court, received the first change order contract for Howard Willens, the governor’s special legal counsel who, as part of the Jenner & Block firm, is representing the CNMI in the lawsuit against the federal government.

The federalization lawsuit seeks to halt the extension of U.S. immigration laws to the Commonwealth.

In October, Sablan, citing the Open Government Act, asked Gov. Benigno Fitial to produce copies of all contracts related to the lawsuit, including any contracts between the CNMI government and Jenner & Block, as well as any private attorneys or law firms involved in the suit.

She also asked for documents on payments made on the contracts and the funding sources. She called on the governor to identify government agencies that have had their funds reprogrammed to fund the lawsuit, and the amounts of money taken from them.

In addition to Willens’ contract change order, the administration released a privilege log of information to Sablan.

The privilege log, according to Assistant Attorney General Braddock J. Huesman who is representing Fitial and Inos, contains “[a]ll records identifying the department(s), agency(ies), and/or instrumentality(ies) of the CNMI government from which public funds have been reprogrammed to the Governor’s operating account #1011-6250.”

The administration has repeatedly refused to release the actual documents listed in the privilege log because they are not discoverable, and, therefore, exempt from the Open Government Act.

“The Commonwealth is only seeking the same protection from its adversaries as the federal courts in the District of Columbia provide for the litigants before them, the right to keep litigation budgets and expenses secret from the opposing party,” Huesman wrote.

The log lists 34 items, and gives the document packet number, type of document, date, description and privilege claimed.

The first item listed is a five-page engagement letter/contract/retainer dated June 6, 2008. Among the 34 item descriptions are billing invoices; voucher/payments; memos to the finance secretary from the governor; supplier payment inquirer; and letter to Bank of Guam from A. Calvo.

There are also several entries listing “Account Ledger Fund Status.” The last entry, dated April 21, is “Account Ledger Office of Gov. Fund Status.”

Last week, Sablan received three of Willens’ past contracts.