Defense takes ‘illegitimate AG’ tack in asking the court to dismiss case

Legal defenses questioning the legitimacy of Pamela Brown as the CNMI’s attorney general are filling the Superior Court’s case files, including a criminal case that accused a man of sexually abusing a minor.

The Public Defender’s Office is using the same line of defense in asking the court to dismiss the criminal charges against MD. Aktar Hossain, who faces two counts each of sexual abuse of a minor and assault and battery. The court has scheduled a jury trial for Hossain on Feb. 28.

Before this, lawyers for the Marianas Public lands Authority, its board and commissioner, and the Malite estate in the controversial $3.45-million land compensation dispute had also questioned the legitimacy of the suits filed against them by the Attorney General’s Office, saying Brown is not the legitimate attorney general.

Assistant public defender Angela Marie Krueger asked the court to dismiss the charges against Hossain on the ground that they were not brought to court by a lawful attorney general.

Krueger said the Commonwealth Constitution has designated the attorney general to prosecute criminal violations.

“A member of the public could not just walk into court and ‘prosecute violations of Commonwealth law;’ nor could a senator, House member, an assistant attorney general, or even the governor himself. For whatever reason, the Constitution itself unequivocally vests that authority in the attorney general and the attorney general alone,” Krueger said.

“As a consequence, if the attorney general has not been validly appointed and confirmed, no other person is constitutionally permitted to ‘prosecute violations of Commonwealth law,’” she said.

Krueger explained that Brown’s nomination for the AG post, which was made by Gov. Juan N. Babauta on June 16, 2003, expired after 90 days without being confirmed by the Senate.

She said the action by five Senate members, who confirmed Brown’s nomination on Nov. 17, 2003, came at a time when the nomination had already expired. She said Brown could not be re-nominated after the Sept. 14, 2003 deadline for her confirmation.

Krueger also pointed out that the Senate journal does not reflect any record of Brown’s confirmation.

“Because the decision of whether to prosecute this case was made by someone other than a lawful attorney general, defendant was deprived of his due process rights, and any conviction will be invalid,” Krueger said.