Senators grill presumptive AG nominee in hearing

Acting Attorney General Gregory Baka got a taste Wednesday of the tough confirmation hearing that awaits him if he accepts a probable nomination to the AG post.

Baka went to Legislature to testify on behalf of public auditor nominee Michael Pai. While Pai received a largely welcoming treatment from the lawmakers, Baka had to answer hard questions on white-collar crime and the governor’s immigration lawsuit against the U.S. government.

Sen. Maria Pangelinan, who threw the first question at Baka, asked about the corruption cases that the Office of the Public Auditor had referred to the Office of the Attorney General for legal action. According to OPA, the CNMI government could recover up to $2.6 million if the AG’s office pursued legal action against individuals that OPA found to have misused public funds.

Pangelinan suggested that the OAG, by taking no action on the OPA-referred cases, might be rendering the audits an exercise in futility. “If you cannot act on these findings, then maybe you should tell Mr. Mike Pai. It will make his work easier. No more reports, no more audits,” she said.

Baka said no action has been taken on many of the cases because the AG’s office lacks attorneys to prosecute them. From having 30 attorneys at the end of 2005, the OAG is currently down to 17 attorneys. Budget problems and the existing government salary cap prevent the agency from hiring the needed attorneys, he added.

He also noted that some of the cases have gone over the statute of limitation and can no longer be brought to court. The statute of limitation for such cases expired before he joined the AG’s office in 2005.

Baka also argued that an audit finding of possible corruption does not always lead to a solid criminal case. “It does not necessarily mean you can prove beyond reasonable doubt that a criminal offense has occurred,” he said.

Yet Baka reported that the OAG and OPA have created a task force to deal with white-collar cases, including those referred by OPA. Established in May 2008, the joint task force initially had three attorneys. But it now has only two attorneys after the task force chief, former assistant attorney general Mike Nisperos, left to work in Guam. Baka said the AG’s office is looking to replace Nisperos.

Baka also underscored why OPA’s work is important and should be funded continually. “The Office of the Public Auditor is extraordinarily effective,” he said. “I think it’s vital to document what’s going on. If we lack the resources to collect or we lack the evidence to convict—that’s a whole separate issue from whether we should try to document and maintain fiscal integrity.”

He added, “I think you’re getting your money’s worth from OPA. I don’t think it is something that should be cut back, even if it exposes all these things that nothing is done about. It’s better to know there’s something wrong even if we can’t fix it than not to know what is wrong at all.”

Rep. Diego T. Benavente also asked Baka whether it is legal for a lawsuit to be filed on behalf of the CNMI government without explicit consent by the local AG’s office, as is the case with immigration federalization lawsuit that Gov. Benigno R. Fitial filed against the U.S. government.

According to Baka, the governor’s action was “perfectly legal,” as the OAG’s consent is not required. He noted, however, that while the AG’s office did not sign off on the complaint, it was circulated within the OAG for review before it was filed.

Fitial has announced his intent to appoint Baka to officially serve as the Commonwealth’s attorney general. Unlike the OPA post, which requires confirmation by both the Senate and House of Representatives, any nomination for attorney general only needs Senate approval.

Still, Senate President Pete Reyes invited House members to participate in any confirmation hearing for the AG nominee. “We will have a day with you when your nomination comes up,” Senate President Pete Reyes told Baka.