OAG, CNMI gov’t face civil suit because of subpoena

The Office of the Attorney General and the CNMI government are facing a civil lawsuit brought by a former governor Ralph DLG Torres’ campaign treasurer regarding a subpoena she was served pursuant to her role as treasurer in Torres’ election campaign committee.

Last week, Zerlyn A. Taimanao, through attorney Keith Chambers, sued the OAG and the CNMI government in Superior Court regarding a subpoena she got for the role she played in the Torres-Sablan campaign committee.

Taimanao served as treasurer for the Torres-Sablan committee in the 2022 election.

Taimanao, through her lawyer, is asking the Superior Court to stop the OAG from enforcing the subpoena against her.

As relief, Taimanao wants the Superior court to declare the subpoena null and void and has no legal force and effect.

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.

The subpoena application was not connected to any civil or criminal case pending before the Superior Court, the complaint noted.

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; written record of all contributions from contributors and supporters, and all campaign expenses paid; the names and identities of all contributors and supporters who contributed $100 or more in cash or fair market value of property; a record of any and all contributions of less than $100 from a contributor or supporter; any and all records of the communications required for reasonable diligence of a candidate; and any and all communications of any expenses of contract, authorizations, or requests.

Taimano, through her lawyer, argues that the subpoena should be quashed as it is invalid and unlawful. Specifically, Chambers argues 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 argues 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.

Chambers also argues that the subpoena issued to his client is invalid because the application for the subpoena was not connected to any civil or criminal case pending before a court.