Kingman withdraws subpoena vs. Torres’ former campaign treasurer

The subpoena issued against former governor Ralph DLG Torres’ campaign treasurer has been withdrawn, essentially rendering moot the lawsuit filed she against the Office of the Attorney General and the CNMI government.

Last week, assistant attorney general James Kingman withdrew the subpoena issued against Zerlyn Alcazar Taimanao, saying the action is a choice made by the OAG not to enforce it.

Taimanao was Torres’ former campaign treasure when he was running for office alongside former lawmaker Vinnie Sablan in the 2022 election.

In a letter to Taimanao’s attorney, Keith Chambers, Kingman said the choice to withdraw the subpoena does not constitute admission or agreement to any of the arguments that had been made to oppose the subpoena.

“We will not take action to enforce this subpoena. The deadline for compliance with the subpoena was extended by 30 days. The subpoena was issued under its cross-designation with the law-enforcement authority of the Office of the Public Auditor. It refers to the legal authority for the OPA to obtain the documents for the Committee to Elect. Neither the extension of the deadline nor the choice to withdraw and not move to enforce the subpoena should be read as an admission or agreement of any legal insufficiency to the subpoena’s issuance or the capacity of the task force, OPA, or Office of Attorney General to apply for such subpoenas,” said Kingman.

Chambers, for his part, filed last week a motion to dismiss Taimanao’s lawsuit against the OAG, stating that, with the subpoena now withdrawn, there is no longer a need to pursue the suit.

“The OAG has withdrawn the subpoena, the service of which resulted in this lawsuit. Because the subpoena has been withdrawn, there is no longer an existing controversy here. Therefore, plaintiff Taimanao respectfully moves this court to dismiss this action without prejudice,” he said.

Dismissal without prejudice means the lawsuit has been dismissed but can be refiled later.

Back in December 2023, Taimanao, through Chambers, sued the OAG and the CNMI government in Superior Court for the subpoena she got for the role she played in the Torres-Sablan campaign committee.

According to the complaint, after the 2022 election that concluded in November 2022, Taimanao submitted her report on the campaign’s statement of account to the Office of the Public Auditor.

Soon after, the commissioner of the Department of Public Safety, the public auditor, and the attorney general executed a memorandum of agreement establishing the Joint White-Collar Crime, Government Corruption and Financial Crimes task force.

On or about Oct. 31, 2023, the OAG applied for a subpoena duces tecum with the Superior Court clerk of court, which was to be served on Taimanao in her official capacity, and on Vinnie Sablan in his personal capacity.

On Oct. 31, 2023, the clerk issued a subpoena duces tecum pursuant to the OAG’s application and Taimanao was served that same day.

The subpoena requested written record of all contributions and expenses made to and by the Torres-Sablan campaign committee.

Taimanao, through her lawyer, claims that the subpoena was invalid and unlawful.

Specifically, Chambers argued that the OAG does not have the authority to issue a subpoena, and the public auditor lacks the authority to investigate a campaign committee or subpoena any materials from it.

In addition, Chambers argued that the Joint White-Collar Crime, Government Corruption and Financial Crimes task force is invalid as there is no legislative authority authorizing the task force.