A federal public defender asked U.S. District Court for the District of Guam Chief Judge Frances Marie Tydingo-Gatewood yesterday to ban U.S. Attorney for the Districts of Guam and the NMI Shawn N. Anderson and his staff from the federal courthouse indefinitely until they have undergone the recommended quarantine period.<\/p>\n
Alternatively, federal public defender for the District of Guam John T. Gorman and his staff will not appear in the same courtroom with any U.S. Attorney or their staff, until they have undergone quarantine, Gorman said in an email to Tydingco-Gatewood. <\/p>\n
\u201cI have an obligation to protect my staff and myself,\u201d said Gorman, adding that he is confident that Criminal Justices Act panel attorneys will have the same position.<\/p>\n
In response, Anderson said there is no legal or medical basis to quarantine him and the entire staff as no U.S. Attorney\u2019s Office employee has had personal contact with him since his return to Guam.<\/p>\n
Anderson reiterated that he did not travel to any high-risk country as defined by the Centers for Disease Control and Prevention nor does he have any symptoms of COVID-19.<\/p>\n
Anderson did not indicate which country he went to.<\/p>\n
He said their office has taken precautionary measures since the outbreak in Guam began. \u201cWe even extended these measures to our Saipan office out of an abundance of caution,\u201d he said, adding that their office, as well as the entire Department of Justice, takes the health of their employees seriously.<\/p>\n
He said most of their employees are now teleworking from diverse locations on island.<\/p>\n
However, Anderson said, they still need to travel to court and their offices when necessary to fulfill their mission.<\/p>\n
While the resources of the federal government are currently drained, he said the U.S. Attorney\u2019s Office will continue to assist law enforcement with investigations and pursue prosecutions in federal courts.<\/p>\n
Anderson said they will prioritize cases based on their current resources, in addition to the need of citizens and any threats to national security.<\/p>\n
Anderson said the federal courts in Guam and in the CNMI have issued orders regulating entry to their facilities due to the outbreak. \u201cWe will work within the terms of these orders and with our justice partners, including defense counsel, to ensure that the federal justice system continues to function for the safety and welfare of our communities,\u201d he said.<\/p>\n
Gorman said the U.S. Attorneys staff can make their appearances through video conferencing from their office. <\/p>\n
The federal public defender said he realizes that banning is a strong measure, \u201cbut is unfortunately warranted.\u201d Gorman said he has been troubled in the past two weeks with the U.S. Attorney\u2019s Office\u2019s \u201ccavalier attitude\u201d toward the current coronavirus pandemic and national public health emergency. \u201cTheir recent actions over the weekend are even more disturbing,\u201d he said.<\/p>\n
Gorman recalled that he wrote Tydingco-Gatewood last March 12, urging the court to take immediate and reasonable steps to deal with the coronavirus crisis. Gorman said he was shocked when the official response of the U.S. Attorney\u2019s Office was that it was \u201cbusiness as usual\u201d and no protective or proactive measures were needed. Therefore, he said, he was not totally surprised when he was informed that, upon Anderson\u2019s return from vacation, reportedly in Thailand, he refused lawful orders to be self-quarantined.<\/p>\n
He noted that Thailand is a regional coronavirus hot spot, with their case count at 600 and increasing exponentially.<\/p>\n
Gorman said Anderson has by now, gone into the U.S. Attorney\u2019s office and\/or met with various U.S. Attorney\u2019s staff. \u201cHe has willfully broken the quarantine and potentially infected the entire office,\u201d Gorman said.<\/p>\n
The U.S. Attorney, he said, foolishly believes that reasonable and responsible public safety laws and regulations do not apply to him or his staff. \u201cHe is wrong. If anything, as the highest ranking federal law enforcement official in Guam, he should know that he is not above the law,\u201d Gorman said.<\/p>\n
The federal public defender said Anderson\u2019s \u201cdangerous and irresponsible\u201d actions also now endanger the health and safety of his clients, Tydingco-Gatewood, and the federal courthouse staff, Criminal Justices Act attorneys, himself (Gorman), his staff, and the public.<\/p>\n
Banning them, he said, \u201cis the only reasonable solution to protect all of us.\u201d<\/p>\n
Last Saturday, Guam Gov. Lourdes A. Leon Guerrero demanded Anderson\u2019s removal from office for allegedly not complying with quarantine requirements during Guam\u2019s public health emergency due to the coronavirus pandemic.<\/p>\n
In her letter to U.S. Attorney General William P. Barr, Leon Guerrero said Anderson apparently could not comprehend the severity of the COVID-19 issue in Guam. Leon Guerrero said she was forced to take precious time and resources away from the response efforts to deal with Anderson\u2019s unacceptable behavior, which she described as arrogant and disrespectful.<\/p>\n
The governor said Anderson\u2019s decision to challenge her executive orders created an atmosphere of noncompliance and threatens the local government\u2019s ability to respond to this public health emergency.<\/p>\n","protected":false},"excerpt":{"rendered":"
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