DPS: OAG Criminal division declined to prosecute Quitugua

The Department of Public Safety says it has submitted its reports regarding the recent flag-burning incident to the Office of the Attorney General’s Criminal Division, but the division declined to prosecute.

Last week, Attorney General Edward Manibusan stated that the reason charges have yet to be filed against Raymond Quitugua—the man who posted a video of himself burning the CNMI flag on social media—is because his office awaits DPS’ reports before considering to move forward with prosecution.

In a statement from DPS yesterday, the department says they submitted their report but the OAG declined to prosecute.

“We want to inform you that we have received a response from the Office of the Attorney General-Criminal Division regarding DPS case # 24-002268 that was stamped received on April 11, 2024, in regards to the burning of a CNMI flag by an individua (namely Raymond Quitugua). The Criminal Division has declined to prosecute the case. The decision was made based on the facts and circumstances surrounding the incident. Should you need more information on this matter, please contact the Attorney General-Criminal Division at (670)237-7600,” DPS.

In a previous interview with Manibusan, he explained that charges are filed based on probable cause and legal statutes.

The CNMI Constitution, for example, considers the burning of the CNMI flag a crime punishable by a fine or even jail time. However, the first amendment to the U.S Constitution protects the right of an individual to burn flags as a form of protest.

“We file charges based on whether or not there’s probable cause to believe that a crime has been committed. We look at the stature, we look at the laws, and if we believe that there are defenses and we think that those defenses will prevail, we may consider filing any charges,” he said.

“I think the issue would be ‘if I have the First Amendment right to protest.’ You’ve seen news articles and you’ve seen press reports and people all over the world burning flags. So, was this a sign of protest? Is that something that we will consider in filing final charges? Yes, that’s one of the issues,” Manibusan added.

According to a previous article on Saipan Tribune, Quitugua said he believes the true CNMI flag was the initial design presented back in the 1970s that featured a latte stone with a star in the front of it on a field of blue.

He claims this flag accurately represents the indigenous people of the CNMI which he believes is the Chamorro community (not including the Carolinian community).

Quitugua added that he burned the flag as a form of protest, and he intends to take the issue to the Judiciary.

Many have raised concerns and have expressed their disagreement with Quitugua’s actions including Gov. Arnold I. Palacios and Lino Olopai (a renowned advocate for the indigenous traditions of the CNMI as well as one of the champions that fought for today’s CNMI flag design back in the 1970.)