Cabrera subpoenaed in Brown confirmation case

The Senate’s legal department asked the court yesterday to quash the subpoena issued Friday against Senate legal counsel Antonio Cabrera in relation to the reported lack of Senate records on attorney general Pamela Brown’s 2003 confirmation.

Senate legal counsel Michael L. Ernest, who represents Cabrera, said Cabrera should not be compelled to appear in court for three reasons: the scheduled appearance in court conflicts with the Wednesday Senate session on Tinian; the court has no jurisdiction to question a member of a co-equal branch, including its staff; and there is no reason to call for Cabrera as many other persons could testify on Brown’s confirmation.

The court subpoenaed Cabrera on Jan. 14 at the request of the Attorney General Office, demanding that he appear in court tomorrow.

Cabrera, however, is required to attend a Senate session at 9am tomorrow on Tinian, Ernest said, adding that Cabrera’s attendance at the session was scheduled well before the subpoena.

“Attorney Cabrera cannot be on two separate islands before two branches of government at the same time….Accordingly, principles of comity suggest that this honorable court quash the subpoena…,” said Ernest.

Cabrera’s presence in court would also require Ernest’s attendance to act as the former’s legal counsel.

Further, Ernest said that Cabrera has legislative immunity, as embodied in section 12, Article 11 of the CNMI Constitution.

Ernest said that if the court is prohibited from calling a member of the Legislature to testify on the matter, it is equally precluded from calling a legislator’s aide to speak on the same issue.

In addition, Ernest said that other people can also be called in by the court to testify about Brown’s confirmation on Nov. 17, 2003.

File reports say that Gov. Juan N. Babauta, associate justice Alexandro Castro, and several other officials attended the 2003 session, which was highlighted by the swearing-in of newly elected senators Joseph Mendiola and Paterno Hocog.

Ernest said the Executive Branch also employs staff to monitor the sessions of the Senate.

“Thus, the parties to the underlying case are not and will not be prejudiced by the unavailability to prove facts relevant to the case…when this court quashes the subpoena,” said Ernest.

The subpoena was reportedly granted by former attorney general and now associate judge Ramona Manglona. The case, however, is reportedly now before associate judge Robert Naraja, after Manglona recused herself from it.

The Senate majority said that they adopted a resolution recommending Brown as attorney general during a session on Nov. 17, 2003 on Rota. But this confirmation was not recorded in the Nov. 17 Senate journal.

Senate President Joaquin G. Adriano said last week that the Senate may opt to hold a session on Rota to officially put the matter on record.