Manibusan: Authority to issue subpoenas serves as a critical check-and-balance on OAG
Attorney General Edward Manibusan has asserted that the authority to issue subpoenas serves as a critical check-and-balance on the Office of the Attorney General.
In his letter to Senate President Edith E. DeLeon Guerrero (D-Saipan) on Friday, Manibusan said initiating a subpoena involves a request by their office and subsequent issuance by the clerk of court, lending judicial weight to the process.
The AG wrote the letter to underscore the importance of House Bill No. 23-22 in combatting crime, curbing corruption, and safeguarding the interests of the citizens within the Commonwealth.
Manibusan also wrote the letter to clarify what he described as “misinformation” propagated by the Public Defender regarding House Bill No. 23-22.
Last March 9, Rep. Marissa Renee Flores (Ind-Saipan) introduced House Bill No. 23-22, which seeks to create an investigative division within the OAG, codify investigative subpoena power, and improve the investigation of cases involving public corruption.
The House passed the legislation on May 10, 2023 and it was subsequently transmitted the following day to the Senate. The bill is now with the Senate Judiciary, Government and Law Committee chaired by Sen. Celina R. Babauta (D-Saipan).
Manibusan said House Bill No. 23-22 also guarantees individuals subject to a subpoena the right to legal representation.
He urged the Senate to bring the legislation to the floor for a vote, mirroring the precedents set with other bills.
“Passing this significant legislation would signify unity with our community in combatting government corruption and other criminal activities within the Commonwealth,” the AG said.
Manibusan said as the AG, he firmly believes that embedded within their constitutional obligation to prosecute violations of CNMI law is the authority to conduct investigations and issue subpoenas to procure essential documents and witness testimonies.
He said by codifying these powers into law, they establish clear boundaries, crucial in maintaining an effective check-and-balance system within the government.
On alleged misinformation, Manibusan clarified that the Attorney General Investigative Division already exists and that Public Law numbers 18-13 and 18-14 clarify and recognize that AGID investigators are law enforcement officers.
He said the proposed House Bill No. 23-22 primarily aims to refine and articulate AGID’s responsibilities.
“It does not duplicate government agencies or services,” said Manibusan, adding that the AGID operates within the OAG, supporting their mandate to prosecute Commonwealth law violations.
He said headed by a chief investigator and supported by additional investigators, the AGID aids in investigations conducted by the OAG, facilitating the prosecution of cases in court.
The AG said similar to practices in numerous other states and territories, their investigative division functions independently, addressing reported corruption and criminal activities that fall beyond the tasks of other law enforcement agencies.
Manibusan said these investigations often encompass allegations against law enforcement personnel, suspected misconduct by government officials, violations of fiduciary duties, and breaches of the government ethics code, while also offering investigative support to the Department of Public Safety (DPS), the Office of the Public Auditor (OPD), and other government bodies as required.
He also clarified that House Bill No. 23-22 does not impose additional financial costs on the CNMI government.
Manibusan noted that the AGID currently operates within funding from the annual general fund appropriations of the OAG.
He said funding for the AGID is already provided in the Fiscal Year 2024 Annual Appropriation of Public Law 23-09.
If approved, the AG said, the bill will not impact the budgets of the DPS, the OPD, or any other law enforcement or government agency.
Manibusan said any potential cost increases linked to investigative needs would follow the standard appropriation process similar to any other agency funding, ultimately stemming from the OAG’s budget appropriation.
He said House Bill No. 23-22 aims to codify the subpoena authority of the OAG.
Presently, both the House and Senate wield subpoena through the Legislative Investigations Act.
Manibusan noted that Senate Bill No. 23-18 has been introduced to grant subpoena power to the legislative delegations.
Additionally, he said, the OPD possesses explicit subpoena power for investigations and audits.
The AG said House Bill No. 23-22 merely extends similar subpoena authority to the OAG, aligning with its constitutional obligation to prosecute violations of Commonwealth law.
He said challenges to subpoenas can be pursued in court, ensuring a fair process akin to the oversight applied when the Legislature issues subpoena.
Manibusan said prosecuting attorneys, bounds by oaths of office, operate within legal confines and prioritize the pursuit of justice.
“Subpoena issuance will be anchored in the quest for justice and not merely wielded as prosecutorial discretion vested in the Attorney General under the Commonwealth Constitution,” he said.
