‘Dialogue rather than expensive but uncertain lawsuit’

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Posted on Aug 27 2008
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The Commonwealth should engage the federal government in a dialogue instead of pursuing an expensive but uncertain lawsuit against the federalization law, according to Rep. Diego T. Benavente yesterday.

“We don’t have the money to spend on this,” said Benavente, referring to the administration’s planned lawsuit that, according to Gov. Benigno R. Fitial’s special legal counsel, Howard Willens, would cost $50,000 monthly or about $400,000 covering an eight-month period.

In an interview with Saipan Tribune, the former lieutenant governor cited options such as calling for the 902 talks to convene or having the administration and Washington Representative Pete A. Tenorio talk with the U.S. Department of Homeland Security people who are putting the proposed federalization regulations together.

“We knock on their doors and come in and present our views,” said Benavente, who is chairman of the House’s Committee on U.S. and Foreign Relations.

Benavente said that when they visited Washington D.C. a couple of weeks ago, officials at the Department of the Interior, Office of Insular Affairs, and members and staffers of U.S. Congress pointed out to them that this is an opportunity for the CNMI “to knock on the door” every other week or every month and present the issues that the Commonwealth is concerned with.

“In my opinion, this would be much cheaper than filing a lawsuit,” he said.

Benavente pointed out that even though the outcome of a regular visit to Homeland Security is not certain, the lawsuit is not certain as well.

“In the meantime, we are spending money that we don’t have,” the lawmaker stressed.

He said that, based on what he heard of Willens’ presentation, there are other options other than a lawsuit.

In yesterday’s House’s session, Benavente suggested inviting other person who can argue the other side and might be able to present to the House a different picture—rather than spending over half a million dollars in taxpayers’ money.

“There’s got to be a cheaper way to resolve this if there are some real concerns as raised by Mr. Willens. But I agree that there was a propaganda, there was an intent not to tell the whole picture,” he added.

On behalf of the Fitial administration, Willens conducted a closed-door presentation on Tuesday in the House’s chamber, where he tried to convince the Legislature to provide funding of about $400,000 that he said the administration will need to pursue the lawsuit.

After the presentation, Willens told Saipan Tribune that Fitial is interested in pursuing litigation to protect the Commonwealth’s right to self-government under the Covenant.

He said the governor wants to consult with the Legislature before he makes the final decision.

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