Contempt findings vs. Atalig now with OAG

House of Representatives Speaker Edmund S. Villagomez (Ind-Saipan) has forwarded the certified statement of contempt against former Department of Finance secretary David DLG. Atalig to the Office of the Attorney General for prosecution in the Superior Court.

In a letter addressed to Attorney General Edward Manibusan last April 3, Villagomez certified the findings of the House Special Committee on Federal Assistance and Disaster-related Funding that cited Atalig in contempt; first for failing to answer questions pursuant to a subpoena, and second for interfering with the operation and function of the House Special Committee on Federal Assistance and Disaster-Related Funding.

“I have reviewed the special committee’s report, and…I hereby certify this statement of contempt to the office of the Attorney General for the purpose of prosecuting Mr. Atalig in the Commonwealth Superior court,” the letter states.

According to the letter, on March 12 to 13, the House Special Committee on Federal Assistance and Disaster-Related Funding held an investigatory hearing pursuant to a subpoena ad testificandum that was issued to former finance secretary Atalig.

“Mr. Atalig appeared at the Special Committee meeting and was asked questions related to his involvement in the BOOST Program. In response to most of the preliminary and non-self-incriminating questions, Mr. Atalig invoked his Fifth Amendment privilege against self-incrimination and also cited CNMI Constitution Article 1, Section 4©,” said Villagomez.

Several committee members, Villagomez said, verbally advised Atalig that his failure to answer their questions would violate 1 CMC § 1306. In addition, committee chair Rep. Ralph N. Yumul (Ind-Saipan) also advised Atalig that the special committee’s questions did not elicit any self-incriminating answers or information.

“Pursuant to 1 CMC § 1306(a), ‘[a) person shall be in contempt if the person … having appeared, fails or refuses to testify under oath or affirmation.’ Here, Mr. Atalig’s assertions of his Fifth Amendment privilege, on the advice of his counsel Mr. Bruce Berline, were improper and without legal justification, particularly as to those questions that pertained to basic public information regarding his role as former Secretary of Finance, his actions with respect to the BOOST Program, and the basic administration of ARPA funds. Thus, the House Special Committee on Federal and Disaster Related Funding found Mr. Atalig’s repeated failure to substantively respond to non-self-incriminating questions that were basic and preliminary in nature violated 1 CMC § 1306. As a result, the special committee, by majority vote of its members, determined that Mr. Atalig’s failure to reasonably respond to the questions constituted contempt of the special committee and that the speaker shall report this matter to the CNMI Attorney General for prosecution,” said the letter.

Aside from failing to answer questions pursuant to the subpoena, the special committee, by majority vote of its members, found Atalig in contempt for his interference with the operation and function of the committee.

“Further, 1 CMC § 1306(a)(3) states that ‘[a] person shall be in contempt if the person… [e]xhibits disrespect of an investigating committee by unlawfully, knowingly, and willfully interfering directly with the operation and function of the committee… by interfering with an officer of the committee in the lawful performance of his or her official duties…’ Here, Mr. Atalig’s testimony and the exhibits presented at the March 12, 2024, to March 13, 2024, FADR meetings show that Mr. Atalig has clearly interfered with the lawful performance of the members of the 22nd CNMI Legislature Joint JGO and Ways & Means Committee and the 23rd CNMI Legislature House Special Committee on Federal Assistance and Disaster-Related Funding. He has unlawfully, knowingly, and willfully interfered directly with the operation and function of both committees by directing lawfully subpoenaed individuals, such as Bank of Saipan President John Arroyo, to not respond to duly-issued investigatory subpoenas. As such, Mr. Atalig has obstructed a legislative investigation and is in contempt in violation of 1 CMC § 1306,” said the letter.

David DLG. Atalig