The Headlines (finally) Say:"Doolittle Named in Corruption Trial"

John Doolittle, Kerrie Ring, Kevin Ring and Julie Doolittle

September 29, 2009

What has taken you so long, newspapers? I have been saying that John Doolittle and wife, Julie, have been named as co-conspirators in the Kevin Ring trial, and so has the Anti Corruption Republican. (See this Unheard No More, September 24, 2009 story, Connecting the Dots.) Finally, today the newspapers have caught up all at once. From the Auburn Journal:

John Doolittle has been named as a co-conspirator in the corruption trial of a former aide.

The U.S. District Court for the District of Columbia trial of Kevin Ring on a 10-county federal indictment took a turn toward Doolittle’s involvement last week when the Justice Department was instructed to identify by name all public officials alleged to be co-conspirators.

In documents filed last Thursday, Doolittle’s was the most prominent name on the list of co-conspirators.

Among the other 10 identified by the Justice Department were Doolittle’s wife, Julie, the ex-congressman’s former media spokeswoman Laura Blackann, former chief of staff David Lopez and two former Doolittle legislative directors, Gregory Orlando and Peter Evich.

The judge handling the case agreed Friday to list Doolittle and the others as co-conspirators, which means their e-mails can be admitted as evidence rather than as hearsay.

Tom Hudson, president of the Placer County Republican Party, said that any connection after several years of Justice Department scrutiny is more about “bad-mouthing” John and Julie Doolittle than about justice.

“I think the fact that they have never been indicted after an extensive witch hunt is about the best proof of their innocence that we can get,” Hudson said.

Witch hunt? I don't think so. Could it be that the DOJ may have so many people left to indict that they are methodically laying the foundation for the bigger fish like John Doolittle?

And the TPMMuckraker has this to say:

Ring, a former top aide to Doolittle, was indicted last year for allegedly bribing lawmakers and members of the executive branch, after he left Capitol Hill and went to work for Abramoff. The indictment charged that, among other crimes, Ring provided lavish meals and events tickets to members of Doolittle's staff, and that Ring provided Doolittle's wife, Julia, with a lucrative non-profit job, arranged by Abramoff. Julia Doolittle has also been named as a co-conspirator.

Prosecutors said they plan to submit statements from 11 alleged co-conspirators, including the Doolittles and four former Doolittle aides.

Also, reporting the news today is the Sacramento Bee (links added):

Neither Doolittle, who last year did not seek a 10th term representing the sprawling 4th Congressional District, nor his wife has been charged with a crime. They could not be reached for comment Monday.

Ring, whose trial began Sept. 11, is charged with 10 counts, including bribery and conspiracy to commit fraud, in connection with his work as a lobbyist for the firm of Jack Abramoff.

...The 46-page indictment referred to Doolittle only as "Representative 5," although other information made it clear to whom it referred.

The indictment charged that Ring and the Abramoff firm provided members of Doolittle's staff with lavish meals and event tickets, and the congressman's wife with $96,000 for a job with a nonprofit group, arranged by Abramoff.

Naming unindicted co-conspirators in an indictment is frowned upon by the Justice Department and courts.

"In the absence of some significant justification," says the U.S. Attorneys' Manual, "federal prosecutors generally should not identify unindicted co-conspirators in conspiracy indictments."

But in a written response to questions from Judge Ellen Huvelle, federal prosecutors said they intend to submit statements from 11 alleged co-conspirators outside the Abramoff firm. They include the Doolittles, four former Doolittle aides and five former aides to other congressmen.

And there's this "breaking news" from The Union:

Though Doolittle never has been directly charged with any crime, the ongoing scandal around him was one of the factors that led to his decision not to seek a tenth term in Congress, party insiders said at the time. Doolittle had risen to the top tier of the party's power structure in the House of Representatives.

This evening, CBS has finally joined the others in reporting the story:

Dozens of alleged bribes and favors are now revealed in Federal Court documents obtained by CBS-13. The indictment, filed against a lobbyist working for the firm of Jack Abramoff, was once a staff member in Doolittle's office. It also links the former Congressman with Abramoff, now in prison for corruption.

"If he's innocent, he's innocent, but they need to find out," said one voter we spoke with about the indictment. Though another thought "we definitely need to investigate more."

According to the indictment, "Lawmaker #5", who CBS-13 confirmed through emails and evidence submitted in the court hearings is John Doolittle, was showered with gifts, including a job for his wife that paid more than $90,000 at a non-profit that would make sure she wasn't "overburdened with work."

The firm also allegedly helped Doolittle with fundraisers. The indictment says that lobbyists gave him great tickets to sporting events plus private suites for the Dixie Chicks and Faith Hill concerts. He was also wined and dined at posh restaurants.

"Who can you trust," said Rich Palmer, who lives in Doolittle's former district. "I look at every ballot. You do background checks on these people and you don't know what's really going on."

CBS ended their story with this statement: "Federal prosecutors would not comment, however, on whether charges were pending against the former Congressman."

Maybe because the Department of Justice is going to indict him?

There has been little media coverage of the Kevin Ring trial. Most of the coverage has been from several blogs. Who knows, maybe the media will show up to report on the closing arguments on Monday.

More Ring Trial Filings

The DOJ filed a document on September 27, 2009 asking the court to deny the defendant's oral motion to admit statements offered to impeach exhibits. Much of the debate revolves around the Doolittles. From the document:

The Defendant’s proposals and the Government’s specific objections and responses are described below:

1. Defendant’s Proposed Impeachment Material: "Abramoff recalled the circumstances surrounding Julie Doolittle working for him at Greenberg Traurig. He said Doolittle called him and said he was calling as a friend and made it clear there was no obligation but that Julie Doolittle was looking to expand her work portfolio and described the type of work she did. Abramoff said Doolittle made it clear there was no obligation. Doolittle was insistent there was no pressure." (p.3)

Government's Response: The proposed statement does not impeach the exhibit because it refers to a conversations in 2000, which are prior to the employment in 2002 referenced in GX 385. Moreover, John Doolittle’s statement about his intent for Julie to have a job does not impeach the credibility of Abramoff’s statement that she need not work hard in the Spy Museum job. If the Court were to admit the statement, the Government would seek to admit: “Abramoff also speculated that Doolittle and Lopez were playing 'good cop, bad cop,' and explained Doolittle would say 'no pressure,' but Lopez would stay on him." "Abramoff said after he was asked, it was clearly his intention to find a job for Julie Doolittle. Abramoff said he was being pushed by Lopez and he (Abramoff) wanted to get it done. Abramoff explained that he could not just say he was unable to find a job for Julie Doolittle." "Abramoff said Doolittle was doing things for his client, so it would be good for Abramoff to be sure the job for Julie Doolittle got done." (p.5)

2. Defendant’s Proposed Impeachment Material: "Abramoff said Julie Doolittle was interested in making sure she was not hired just because she was Doolittle's wife. He said Julie Doolittle did a good job on the "Spy Event," even though the event did not happen. Abramoff said he made some effort to make it clear that her presence was based on her competence." (p.4)

Government's Response: The proposed statements do not impeach the exhibit regarding Abramoff’s desire for Julie Doolittle to do little work. The proposed statement is instead Abramoff’s interpretation of the reasons Julie Doolittle wanted to be hired. Defendant seeks to introduce this as substantive evidence that Julie Doolittle wanted to do actual work rather than impeach the credibility of Abramoff’s statement that he did not care how much work, if any, that she actually did.

3. Defendant’s Proposed Impeachment Material: "Most of Julie Doolittle's work was associated with the "Spy Event" but she did work on one or two other projects for Abramoff as well. Abramoff thought Julie Doolittle tried to work on the promotion of his restaurants Signatures and Stacks, however the "dysfunctional" management in place at the time made her efforts impossible." (p.4)

Government's Response: The proposed statement does not impeach the exhibit statement that discusses only the work on the Spy Museum. Defendant is seeking to admit this as substantive evidence that Julie Doolittle “tried to do work” for Signatures, which is not proper impeachment material.

4. Defendant’s Proposed Impeachment Material: "Abramoff said he did not know what Julie Doolittle's duties at Toward Tradition would be, but she was not going to be a ghost employee." (p.6)

Government's Response: The proposed statement does not impeach the exhibit statement regarding employment for CAF in 2002 because the statements relate to the Toward Tradition employment in 2000. If the Court would allow the statement, then the Government seeks to admit the following statements: "She would do actual work, but the job was being formed around the paycheck first. Abramoff said he would not have involved Toward Tradition in a sham. Abramoff did not think he had conversations with Julie Doolittle at this point regarding what she would do. He said there were later conversations in which he learned she wanted to work." (p.6).

5. Defendant’s Proposed Impeachment Material: "Abramoff said Julie Doolittle had a strong work ethic and there was going to be work done. He said when he met Julie Doolittle he got the impression that she was a "go getter" and he thought she would have been offended by a job with no work."

Government's Response: The proposed statement does not impeach the exhibit statement, which focuses on Abramoff’s intent in providing the job rather than Julie Doolittle’s desire with respect to the job. If the Court were to admit the statement, the Government would seek to admit the sentences that the Defendant skipped that come directly after the proposed statement "offended by a job with no work.” Specifically, the Government would seek to admit: "Abramoff did not remember Julie Doolittle saying the 'wife and mother thing' but he clearly knew this. Abramoff said he hired Julie Doolittle because of his relationship with Doolittle." (p.9).

6. Defendant’s Proposed Impeachment Material: “Abramoff did not remember how much Julie Doolittle was paid but thought it was "in line" for the industry." (p.9)

Government’s Response: The proposed statement does not impeach Abramoff’s statement in the exhibit that he did not want her to do much work. If the Court were to admit it, the Government believes that the following should be admitted: "Abramoff said in the end, when he looks at the amount of work she did and the amount of money she got, they were not correlated." (p.11)

Ring also requested to offer evidence to impeach the e-mail between him and Padgett Wilson which stated,"And as for DOJ staffers, those guys should get anything they want for the rest of the time they are in office- opening day tickets, Skins v Giants, oriental massages, hookers, whatever…"

Additionally, the defendant requested to admit statements to impeach the statement by David Lopez concerning accepting a questionable trip to Puerto Rico from the lobbyist.

The defendant also requested the Court to introduce statements to impeach those made by DOJ official Robert Coughlin regarding their "friendship." Finally, the defendant asked to introduce evidence to counter the government's allegations that Coughlin assisted Abramoff with issues regarding his private school.

Ruling on Motions to Strike Evidence

Today in Court the judge ruled to grant the Defendant's Motion in Limine [100], to strike Exhibit #330 and to allow Exhibit #701 to be heard:

Defendant's [100] Motion in Limine to Strike granted for the reason stated on the record in open court. Defendant's Oral Motion to Strike Exhibits #330 and #701 heard and granted in part and denied in part; only Exhibit #330 is stricken.

Exhibit 330 is a 9/12/2000 Email from Abramoff to Ring, "RE: Doolittle/HR 1814.

Exhibit 701 is the 4/18/2001 email from Abramoff to Ring and Boulanger, "RE: Made in USA" update. The Government's basis: " Same as 30 For example, in this exhibit Ring wrote that a public official "Should be groomed to help us down the road." Same as 30, meant the basis for admission. Here is the basis for admission for exhibit 30:

The government is not trying to prove that a legal campaign contribution rose to the level of a bribe or illegal gratuity. Rather, the email shows Ring's and his coconspirators' intent and the transactional approach they took to giving anything to a public official. For example, in GX 30, Ring wrote that "Doolittle should get more dough. We need to reward our friends." Moreover, a jury instruction will cure any potential confusion.

This email that was allowed deals with the bill concerning garments in the CNMI. Doolittle, friend of Fitial, the garment industry and the CNMI worked to get the bill defeated. I am unsure of the identity of the public official "to be groomed to help us down the road."

Doolittle was praised by Richard Pierce, the garment industry and the CNMI government for supporting the CNMI garment industry and opposing any reform legislation. A May 1, 2002 Saipan Tribune article lauded Doolittle and U.S. Department Labor OSHA inspector Frank Strashiem. (See the post on Horace Cooper's indictment to see how officials in the Department of Labor were also manipulated by the lobbyists) From the article:

“It is really funny that at the same time Rep. Doolittle, OSHA and others are saying good things about Saipan, Mr. Miller and (US.) Sen. (Daniel) Akaka have opted to ignore the true picture,” said Mr. Pierce, as he protested the American Samoa experience is far from being “remotely similar to that of Saipan today.”

Why would Pierce think it funny? He was emailing Ring and Abramoff and it appears that he was part of the deception team.

A May 22, 2001 Saipan Tribune article details the congressional support from former Majority Whip Tim Delay, former Senator Conrad Burns and Former Rep. John Doolittle.

The Motion in Limine asked the Court to strike portions of the honest service fraud case relating to alleged assistance in concealment of financially disclosed forms. The document states that Albaugh's testimony made clear that the government's material nondisclosure theory was invalid. Additionally, it addresses disclosure of Robert Coughlin's employment prospects with the lobbying firm.

Ring Files Motion for Acquittal

Yesterday the Defense filed a Motion for Acquittal. That document also mentions former California Rep. John Doolittle (R-Abramoff):

No percipient witness, for example, testified about Mr. Ring’s relationship with the office of Congressman John Doolittle, even though that relationship formed the basis of many, if not most, of the government’s accusations against Mr. Ring.

Most of the document is weak and a repeat of arguments that the defense already submitted in other arguments, but there are a few interesting remarks. Ring's defense is that he did nothing that all lobbyists didn't do or don't do. Here is a statement from the motion that speaks to that theory:

Indeed, Mr. Volz and Mr. Boulanger’s testimony could just as easily have been used to show that individuals like Alan Slomowitz or Ron Platt were part of the conspiracy. Both individuals lobbied with the Greenberg Traurig team; Mr. Platt was quoted in the Washington Post saying that lobbyists had no obligation to help public officials comply with the gift rules, and Mr. Slomowitz had followed Mr. Abramoff from Preston Gates to Greenberg Traurig. Both men would have been familiar with Mr. Abramoff’s asserted “win-at-all-cost” mentality, which Mr. Boulanger described as his basis for not caring about the rules.

Today the Government filed Opposition to Request for Acquittal laying out the evidence that supports the indictment:

In over two weeks of testimony, the jury has seen and heard significant evidence of Defendant’s criminal acts. Based on the Defendant’s own emails, the jury has seen sufficient evidence to determine that the Defendant conspired to corrupt public officials, see, e.g., GX 586 (Defendant telling his fellow lobbyists to “thank” public officials for their assistance in getting $16.3 million from the Department of Justice); actually providing an illegal gratuity, see, e.g., GX 603 (Defendant justifying tickets for Coughlin based on his assistance in expediting the immigration request for Eshkol Academy), and describing how Defendant himself used things of value to induce future official actions see, e.g., GX 103 (“You are going to eat free off our clients. Now get us some abstinence money.”)

The DOJ's document as succinct and clear as the defense document is rambling and muddy.

Today in Court
Beth Sussman from the The National Journal reports that the FBI estimated that Abramoff had a treaure chest of $5.1 million of tickets to suites in Washington, DC area arenas. Tickets were rewards to congressional staffers, members of Congress and officials who used their positions to advance clients' interests.

We know that a big chunk of that money came from Willie Tan, CNMI garment magnate as stated in this post, Abramoff Scandal: Trail Leading to CNMI. Tan gave Abramoff hundreds of thousands of dollars to bribe members of Congress, staffers and clients with tickets to sporting events and concerts. On March 28, 2000 Abramoff sent Willie Tan an email requesting payment for suites at Camden Yards, MCI Center, and JKC stadium. The bill indicates that the total was $223,679 and Arbamoff was asking for the quarterly fee of $55,919.75.

The defense is not calling any witnesses and closing statements are expected Monday according to Ms. Sussman.

Read more on Kevin Ring and the Doolittle and CNMI Connection:
Kevin Ring Indicted September 8, 2008
As Pedicted Boulanger Charged January 28, 2009
Boulanger Pleads Guilty January 30, 2009
Revealing Plea Agreement February 4, 2009
Abramoff Scandal Nets One MoreFebruary 20, 2009

Doolittle Next to Fall? February 27, 2009

Kevin Ring Case: Prosecutor Welch Out April 24, 2009
Ruling in Kevin Ring Case: Charges Stand June 26, 2009
Order on Motions in Kevin Ring Case July 1, 2009
Kevin Ring Exhibits: CNMI Connection Exposed Through E-mails August 13, 2009
Abramoff Scandal: Trail Leading to the CNMI August 25, 2009
Abramoff Scandal: Bigger Fish to Be Caught September 5, 2009
Kevin Ring Trial Has Begun -You won't hear about it from CNMI news sources... September 13, 2009
Kevin Ring Trial: Boulanger and Copland Testify September 23, 2009

Philippines In Need of Help

September 29, 2009

There is a great need for humanitarian aid and private contributions to assist the people of the Philippines in the wake of tropical storm Ketsana. The storm, which has been nicknamed Ondoy in the Philippines, dumped over a month's worth of rain in less than 12 hours resulting in the worst flooding in the Philippines in over 40 years. Reuters reports that the death toll has risen to 246, with many people still reported as missing as a result of the flood that has devastated Manila and surrounding areas in Luzon.

Almost a half million people are displaced as the homes of 1.9 million people in Manila and the surrounding area were flooded. Over 380,000 are cramped in makeshift shelters including some on the grounds of the palace, which was opened up yesterday to serve as an evacuation and aid distribution center for refugees.

A bleak picture is described from all media outlets. From Bloomberg:

The storm and floods have “really overwhelmed our system,” Anthony Golez, the officer in charge of the Office of Civil Defense, said in a phone interview.

Clean water, food, cooking gas and medicines are difficult to find, said Cora Guidote, a corporate executive helping in relief operations in Marikina, northern Manila.

“The situation is pretty desperate,” she said. Business is “at a standstill because of mud and muck everywhere. People are tired of cleaning with very little sleep. Kids and old people are getting sick.”

As much as 25 percent of Manila experienced flooding, according to the government, and the rains caused landslides in areas around the capital. Waters receded to reveal parts of the city and surrounding areas covered in mud and debris, including chunks of concrete and asphalt from roads. Cars that were carried by waters were piled up, sometimes on top of each other.

Ketsana also hit Vietnam with 90 mile winds causing further devastation and death in that country.

More storms coming

Bloomberg reports:

Speeding up search and rescue became imperative as two tropical depressions formed over the Pacific Ocean east of the Philippines and may threaten the country later this week as typhoons, according the U.S. Navy center.

Tropical Depression 18W was centered 1,276 kilometers east- southeast of the U.S. territory of Saipan at 8 a.m. Philippines time today. The center of Tropical Depression 19W was 642 kilometers south of Saipan, the U.S. agency said.

Reuters reports that the new storm is expected to make landfall where Ketsana did over northern Luzon.

The U.S. is sending aid and the Navy is on the ground assisting in relief efforts. Countries from around the world are sending aid and supplies.

Photos by Time

PLEASE HELP:

To help displaced flood victims please donate to UNICEF

The Philippine National Red Cross now is taking online donations for victims of Ondoy.

NEED HELP or want to help? Go to Google Onday to post need for on an interactive map. The site also has a comprehensive list of agencies to call for help, updated news, and a large list of agencies accepting donations.

Congressman Sablan Press Statement

Washington, D.C. – U.S. Congressman Gregorio Kilili Camacho Sablan issued the following statement regarding the devastation and casualties caused by Tropical Storm Ketsana in the Philippines this past weekend:

My sympathies go out to the thousands of people in the Republic of the Philippines who are suffering the loss of life, home, and all worldly possessions as a result of Tropical Storm Ketsana.

As the representative of the Northern Mariana Islands in the United States Congress, another Pacific area susceptible to natural disaster, I understand the difficulty and tremendous effort involved in recovering from such a devastating event. I commend local and other charitable institutions from around the world that are currently raising money and providing assistance to answer President Gloria Macapagal Arroyo’s call for help from the international community.

My thoughts and prayers go out to all the victims of Tropical Storm Ketsana.

300,000 Displaced in Tropical Storm in Philippines

September 27, 2009

Tropical storm Ketsana dumped 16.7 inches of rain on Manila and Luzon in less than 12 hours causing flood waters up to rise over 20 feet in some places. Hundreds of thousands of people have been displaced an estimated 95 have lost their lives and many others remain missing in the storm.

A state of emergency was declared in Manila and in 25 provinces as streets and homes flooded. From AP:

Governor Joselito Mendoza of Bulacan province, north of the capital, said it was tragic that "people drowned in their own houses" as the storm raged.

"We're back to zero," said Ronald Manlangit, a resident of Marikina city, a suburb of the capital, Manila. Floodwaters engulfed the ground floor of his home and drowned his TV set and other prized belongings. Still, he expressed relief that he managed to move his children to the second floor.

"Suddenly, all of our belongings were floating," the 30-year-old said. "If the water rose farther, all of us in the neighborhood would have been killed."

President Gloria Macapagal Arroyo toured the devastated areas and prodded villagers to move on. She said the storm and the flooding were "an extreme event" that "strained our response capabilities to the limit but ultimately did not break us."

TV footage shot from a military helicopter showed drenched survivors still marooned on top of half-submerged passenger buses and rooftops in suburban Manila Sunday. Some dangerously clung to high-voltage power lines while others plodded through waist-high waters.

More than 330,000 people were affected by storm, including some 59,000 people who were brought to about 100 schools, churches and other evacuation shelters, officials said. Troops, police and volunteers have so far been able to rescue more than 5,100 people, Teodoro said.

Bloomberg reported:

“The floods were not knee-deep, or waist-deep, but roof- deep,” weather bureau Director Nathaniel Cruz said in a phone interview. “This is related to climate change and could be a manifestation of things to come.” The floods were more severe because the ground was already saturated by earlier rain, he added.

The flood was said to be the worst to hit Manila in over forty years. The United States and China have are sending cash for relief efforts.

How to help:

You can make an donation to the International Red Cross.

Photo by AP Mike Alquinto

Saipan Sexual Harassment Lawsuit

September 27, 2009

Fea Dela Cruz La Torre, individually and on behalf of all those similarly situated, filed a complaint in federal court against Japan Enterprises Inc. dba Club Micronesia for sexual harassment. She is a former employee of Club Micronesia, which is managed by Takayuki Umeda.

The case details the "job duties" of waitresses in many of the karoke bars or clubs on Saipan. From the complaint:

4. All female employees of Defendants during the relevant time period who were sexually harassed in violation of Title VII.

11. Defendants required Plaintiff to meet and sit with customers who visited its establishments and to allow the customers to sexually harass Plaintiff. This harassment included allowing customers to touch and fondle Plaintiff's breast and vagina.

12. Plaintiff objected and complained about allowing customers to harass her in this manner. Plaintiff complained to Defendants' management. Management rejected her complaints and directed her to permit customers to sexually harass her in the above described manner.

13. Defendant continued to subject Plaintiff and other female employees of Defendant to harmful and offensive touching.

14. Following Plaintiff's complaints to management, co-workers and other employees of Defendants engaged in a course of harassing and retaliatory conduct against Plaintiff. Such conduct included verbal and physical abuse of Plaintiff because Plaintiff did not want to pennit customers to sexually harass her.

15. The conduct of Defendants and Defendant's management, agents and employees as set forth above made the working conditions so intolerable that Plaintiff was forced to leave her employment on July 8, 2009.

16. More than thirty days prior to the institution of this lawsuit, Plaintiff filed charges of discrimination with the Equal Employment Opportunity Commission alleging violations of Title VII by Defendant. Plaintiff fulfilled all conditions precedent required prior to instituting this action.

The complaint states that the plaintiff was subjected to "sexual advances, requests for sexual conduct, or other verbal or physical conduct of a sexual nature as well as insults, jokes and other verbal comments and physical contact or intimidation of a sexual nature."

The complaint alleges sexual harassment, retaliation, and intentional infliction of emotional distress.

The lawsuit seeks compensatory damages, an award of back-pay and front-pay with pre-judgment interest; an award of compensation for past and future non-pecuniary losses resulting from the unlawful practices described above, including relocation expenses, job search expenses, and medical expenses; an award of compensation for past and future non-pecuniary losses resulting from unlawful employment practices complained of, including emotional pain, suffering, inconvenience, lost of enjoyment of life, and humiliation; an award for punitive damages for malicious and reckless conduct, reasonable attorney's fees; liquidated damages' temporary work authorization; and transfer relief.

Japan Enterprises has had previous charges filed against their business

in 2004 for unlawful exploitation of a minor, and three counts each of employment of an illegal alien, harboring of an illegal alien, immigration fraud, solicitation, conspiracy, and aiding, abetting and encouraging illegal entry. From a 2004 Saipan Tribune article:

Eric O'Malley, the CNMI's immigration enforcement attorney, filed with the Superior Court 19 criminal counts against 33-year-old Takayuki Umeda and Japan Enterprises Corp., which does business as Club Micronesia.

O'Malley said the nightclub employed at least one underaged girl from June to July 2004 and let her “engage in prohibited conduct.”

The prosecutor said the defendants facilitated the girl's entry from Manila, the Philippines, to Saipan through forged documents. He accused the defendants of harboring the girl despite knowing that she was staying in the Commonwealth illegally.

He said the defendants knowingly subscribed as true a false statement in applying for the girl's nonresident worker's permit. He said the defendants made the girl subscribe as true alleged false statements on these documents.

A Saipan jury acquitted the owner of the charges in 2005. From the Saipan Tribune:

The Superior Court yesterday acquitted a businessman and his nightclub on charges that they employed illegal aliens and exploited at least one minor who worked as exotic dancer.

Associate judge Ramona Manglona discharged 33-year-old Takayuki Umeda and Japan Enterprises Corp., which does business as Club Micronesia, from any liability.

A jury handed down an all-not guilty verdict on 18 charges each against Umeda and the nightclub. The court earlier dismissed two counts of unlawful exploitation against Umeda and the nightclub.

Wonder what happened to those alleged victims?

Federalization News

September 27, 2009

Delay Very Unlikely
I have been informed that the regulations for the transitional guest worker program should be out this week. I will post them once they are released from the Department of Homeland Security.

I also heard that the DHS is on track and there will be no delay. The effective date of PL 110-229 will be November 28, 2009 or 61 days from today.

Saipan papers are covering the legislation introduced by Congressman Gregorio (Kilili) Sablan. The Marianas Variety reports that Congressman Sablan said this of his bill, H.R. 3647:

“I believe that it is necessary to have a number of options on the table,” said Sablan.

“A complete delay of U.S. Public Law 110-229 is certainly called for if the Department of Homeland Security is not adequately prepared to assume its responsibilities at the border Nov. 28.

“If the department is ready, however, or ready enough that it is not possible to win the argument for a complete delay, then we have to have some other alternative legislation that will allow the commonwealth economy to continue to benefit from Russian and Chinese tourists.

“And that’s what my bill, H.R. 3658, will do: keep Russians and Chinese coming to vacation here just as they have for years without any serious problem or security risk.

“I am open to compromise and negotiation on this issue; and I think my new bill will facilitate discussion.”

Last week, Sablan met with Department of Homeland Security Secretary Janet Napolitano, who told him DHS would be ready to take responsibility for the borders as scheduled.

She also told the congressman that she understood the economic importance of tourists from Russia and China.

The Saipan Tribune reported that Governor Fitial "welcomes any delay to federalization." His expensive federal lawsuit to block federalization is already evidence of that. The article also states that Secretary Napolitano "was happy to see the 46-page Protocol." That document was said to be penned primarily by the governor's volunteer, Deanne Siemer and his "special attorney", Howard Willens. You can download it here.

Governor Fitial reported that Secretary Napolitano

Sablan Bill Addresses Status

H.R. 3658, a bill that Congressman Sablan introduced Friday, September 25, 2009 "To make technical corrections to subtitle A of Title VII of the Consolidated Natural Resources Act of 2008, and for other purposes" calls for revision regarding status of some of the categories of nonresidents in the CNMI.

The bill calls for:

• Registration of aliens in the CNMI to begin no later than November 28, 2009 with the initial registration to be completed by February 1, 2010;
• Adjustment of status for CNMI permanent residents;
• Special nonimmigrant visa for parents of U.S. citizen children that grants status in the CNMI (only) until November 28, 2014 at which time the child, regardless of age, could petition for the parents regardless of the age of the child.
• Family-based immigration fee reduced for CNMI residents

I am not sure why the bill would require CNMI permanent residents to "reside in the commonwealth" until November 14, 2008. Some of these people have been residing there for decades and still cannot freely leave or travel. Many of those who were given CNMI permanent resident status have already passed away. Why not just allow them U.S. status already?

The provision for the reduction in fees for CNMI residents is both welcome and essential since the minimum wage is so low and few could afford the fees to petition their relatives.

The bill also calls for the visa waiver program to be implemented 180 days after the "transition program effective date."

The bill falls short of requesting status for the long-term foreign contract workers who do not have U.S. citizen children. There are thousands of long-term foreign contract workers without U.S. citizen children who have lived and worked in the CNMI for decades while being separated from their families in their homelands. If they had been in the mainland as foreign workers for 5 or more years they would have been able to have applied for green cards already.

Perhaps the congressman thought that it would be too politically risky a move with election just a little more than a year away to request status for all long-term foreign workers. Still, the bill could be amended to include that significant group of nonresidents that was omitted and it certainly is a start in the right direction.

Bill to Delay Federalization

September 24, 2009

We knew Congressman Sablan was talking about introducing a bill to delay federalization for some time. He introduced such a bill today. The chances of the bill passing are slim to none. Mostly none, according to sources on the Hill.

Here is the press release:

Washington, D.C. — U.S. Congressman Gregorio Kilili Camacho Sablan today introduced legislation that delays the start of federal immigration control in the Northern Mariana Islands until December 1, 2010.

“I have made the decision to seek this delay only after much deliberation,” said Sablan. “I firmly believe that federal control of the borders will reduce the scams and abuses that have been a hallmark of local immigration control.

“And I believe that just as political union with the United States was a wise decision and one that benefits the Northern Mariana Islands every single day, so too will it benefit us to be part of the U.S. immigration system.

“But the simple truth is that the Department of Homeland Security, which has had almost a year and a half to prepare, is not ready to implement U.S. Public Law 110-229 on November 28.

“I know that for many people in Washington and in the Commonwealth, who have been pushing for U.S. control of immigration, my bill will seem like backsliding. And I certainly would have preferred not to have to take this action. But I also have to acknowledge the reality of the situation.

“Homeland Security has not finalized arrangements for space at the ports of entry that it must control. No construction of facilities at the ports has begun. None of the sophisticated communications and data entry equipment and supporting infrastructure needed have been installed. Not a single Customs and Border Patrol employee is in place in the Marianas to manage the start-up, which is scheduled to occur in just 65 days.

“Even the Department of Homeland Security itself has now admitted in written reply to Congress that the Department will not be fully operational in the Marianas until 2011.

“That’s not good enough. The people of the Northern Mariana Islands – and the people of all the United States – deserve and expect all U.S. borders to be fully operational all the time.”

Sablan’s bill does not just delay the start of federal control for a year. The bill also responds to agency foot-dragging by requiring reports to Congress every 30 days on actions being taken to be fully prepared to man the borders on December 1, 2010.

“I want to make clear that my bill is not delay for the sake of delay. And I certainly don’t want to find us back in this same predicament a year from now with an impending start up date and an agency that isn’t prepared.

“My bill requires DHS to provide Congress with detailed budgets for the next two years to show how the transition will be paid for. The Department will be required to explain what equipment, software, and personnel needs it has and how it plans to get that infrastructure in place.”

The measure also addresses the issue of the visa waiver program that currently allows Russians and Chinese tourists to easily enter the Commonwealth.

“Although the CNMI visa waiver program would continue as is for another year under my bill, I also want Homeland Security to report to Congress on what will happen after the new start date of December 2010. If there are additional security measures needed to allow Russians and Chinese to enter, what are those measures? DHS has never told us. And, if Russian and Chinese are still excluded from a visa waiver program after December 2010, then I want DHS to explain how these countries can be included at a later date.

“I also want DHS to explain why the system we have now, which requires a bond from tourist agencies sending Russians and Chinese here and which has operated almost completely trouble free, can’t be the system that DHS uses to handle these tourists.”

A delay is not only not necessary, but would be counterproductive to the very goals that the congressman appears to support. It would create more uncertainty for struggling business owners and for nonresidents and their families who would like the process to start. A delay would perpetuate the economic troubles and delay any recovery.

DHS was granted the 180-day delay that was allowed in the law. The DHS has indicated at the hearing, in correspondence and at face-to-face meetings that they would be ready to implement the law on November 28th. Why would they possibly say that they are ready, if they are not? It makes absolutely no sense. Certainly if they were not ready they would have taken advantage of all the opportunities offered to them by Cong. Sablan, Governor Fitial and federalization fighter calling for a delay instead of insisting that they are prepared.

Congressman Sablan claims that DHS stated that they will not be fully operational until 2010. They did not say that they would not be doing a quality job or that they would not be prepared. DHS actually said that the infrastructure would be established in phases. The reply from the DHS responding to questions posed after the May 19, 2009 hearing explains that aspect:

Question: What progress has the Department made in establishing the physical infrastructure needed to implement its requirements under the law?

Response:

Under the Consolidated Natural Resources Act of 2008, Public Law 110-229, U.S. Customs and Border Protection (CBP) is required to begin transitioning implementation of immigration laws at ports of entry in the Commonwealth of the Northern Mariana Islands (CNMI) starting November 28, 2009. CNMI will retain customs and agriculture functions on each of the islands. To achieve this end, CBP has made considerable progress in planning to provide the specific port of entry infrastructure and components required to commence operations within the CNMI.

Since the facilities and infrastructure currently utilized by the CNMI Immigration Service are inadequate to support CBP operations, DHS will be taking a phased approach to implement the standard infrastructure and permanent staffing requirements at the CNMI. These requirements include: adequate power supply at CBP facilities to support the required information technology infrastructure; construction of new, and improvement of the existing facilities; physical security (both interior and exterior) and access control; standard maintenance and cleaning; firing range access for uniformed CBP officers; standard CBP signage; and adequate supplies of potable water.

In order to have facilities and infrastructure in place in a manner comparable to the level provided at other similar ports of entry in the United States, in FY 2009 DHS is working to initiate the necessary contracts. DHS is focusing on the airport facilities in Saipan and Rota first to commence operations by the new implementation date of November 28, 2009.

In the second phase beginning in FY 2010, DHS will staff these locations with a combination of experienced Temporary Duty (TDY) CBP officers as well as entry level positions. Additionally, the Tinian airport facility may become operational in order to provide services on all three major islands within the CNMI.

U.S. Immigration and Customs Enforcement (ICE) will place personnel on a TDY status in CNMI starting in FY 2010 and will begin the process to build out temporary facilities. However, permanent facilities and infrastructure (IT, equipment) will not be in place until FY 2011.

During Phase I and II, seaport operations will be run remotely from the airports, with staff assigned on an as needed basis and technology needs being leveraged from existing technology at the airports. The development of three seaports on Saipan, Rota, and Tinian in FY 2011 will bring all six designated ports of entry into full operations.

To maximize resources and ensure effective communication, CBP continues to coordinate closely with other DHS components responsible for providing operations within the CNMI, including ICE and the Transportation Security Administration (TSA).

On March 10, 2009 USCIS opened its Application Support Center (ASC) in Saipan. The collection of biometrics from applicants for benefits is an essential mission of USCIS and this supports that effort in the CNMI and eliminates the need for current and future applicants to go to the ASC in Guam. This ASC is an expanded ASC in that it has officers stationed to provide information to the public and to conduct interviews of applicants for benefits and is not solely for the collection of biometrics.

Where did it ever say in PL 110-299 that on the date that the law begins a complete infrastructure must be in place? Secure and operational border control can certainly take place without buildings.

Budget questions were also addressed in the responses from DHS. A delay is certainly not required to get answers to budget questions or questions on equipment or materials! Weren't these questions posed at recent meetings with Secretary Napolitano? Did she refuse to answer?

What steps have the CNMI officials taken to ease the transition to federalization? Most of the reaction from CNMI officials and their anti-federalization allies has been to continually oppose and fight the inevitable takeover.

Let's play the devil's advocate and say that DHS really were not ready when November 28, 2009 rolled around. What would happen? The White House could be called upon to issue federal troops to the CNMI to secure the western border of the United States. Do you really believe that DHS does not know the implications of not being ready for the November deadline?

The fact that Congressman Sablan discusses Chinese and Russian visa waivers in his press release is interesting. No delay is necessary to resolve that issue. It can certainly be resolved without asking for a delay.

The way to get an agency or department to do their job certainly is not by telling them that they have more time. DHS has had adequate time and they are obligated to meet their goals. This bill sends the wrong message. It says, that it's okay that a federal agency be allowed to slack in meeting deadlines and that critical deadlines can be extended at the expense of the public. It ignores the fact that there are thousands of people waiting for federalization to begin. To extend the deadline means allowing the broken labor and immigration system to continue to the detriment of the foreign contract workers and the residents of the CNMI. It means allowing more time for additional immigration fraud and schemes to develop. It means more uncertainty to the nonresidents and their families. It means a delay in economic recovery. This was a very disappointing and mistaken move. It is also very unnecesary according to these responses from DHS.

Read the legislation.

Kevin Ring Trial: Connecting Dots

September 24, 2009

The DOJ seems to have approached the Abramoff case like a dot-to-dot picture. With each new arrest and trial more dots are connected to reveal a clearer picture of who may be the next to fall.

Some interesting reports are coming out of the trial. Beth Sussman from The National Journal has been at the trial and is reporting regularly. She reported:

With a full cast of former lobbyists and congressional staffers who have already pleaded guilty in the scandal testifying as cooperating witnesses, courtroom drama has yet to cease, and it's only bound to continue as the defense is expected to begin presenting evidence next week.

Her description of the trial shares interesting tidbits that are not revealed through court documents. She related that two witnesses, Ann Copland and Neil Volz cried during their testimony. She also said that Ann Copland claimed that she accepted a plea deal because she "could not afford a trial."

Kevin Ring is one of two persons accused in the Abramoff scandal to choose to refuse a plea deal and fight the charges. The other, David Safavian, a former Bush White House official, was found guilty at his trial.

Ms. Sussman reports that Ring could face up to a maximum sentence of 127 years in jail time for the 8 charges he is fighting.

Jack Abramoff who pleaded guilty was sentenced to 6 years and is serving time in Cumberland, MD federal correctional facility. He is scheduled to be released December 1, 2010.

Kevin Ring was Abramoff's deputy. He was a major lobbyist for the CNMI, appearing in the billing records over 250 times. He also exchanged numerous e-mails with CNMI officials and anti-federalization fighters including Benigno Fitial, Eloy Inos, Maya Kara, Willie Tan and Richard Pierce.

Ms. Sussman quoted remarks concerning the Ring-Doolittle connection:

Before joining Team Abramoff as a lobbyist, Ring was an aide to former Rep. John Doolittle, R-Calif. Ring was questioned at length by the Department of Justice about his lobbying of Doolittle, said Cleta Mitchell, a Washington lawyer who focuses on lobbying and ethics law. Witnesses last week described Doolittle as Ring's "champion" on Capitol Hill. The Department of Justice was likely "putting a lot of pressure on Kevin Ring to implicate Doolittle and say Doolittle did certain things because Kevin gave him things," Mitchell said. But Ring did not implicate the congressman and is now the target instead. That lead-up to the indictment could have limited Ring's willingness to come to an agreement with the government, Mitchell said.

More information on the connection between Ring and Doolittle can be found in this post, Doolittle Next to Fall?

Coconspirators

On Tuesday the Ring defense team filed motions in limine "to prevent misstatements of law and strike portion of the honest-services fraud case."

The Court ordered the Government to answer several questions. A Government response filed today indicates that the government wants to admit as evidence statements made by coconspirators outside of the lobbying firm that include public officials. From the document:

1. Ring’s Coconspirators (Outside His Lobbying Firms)
The government seeks to admit under Federal Rule of Evidence 801(d)(2)(E) statements made by the following individuals: (1) John C. Albaugh, (2) Laura B. Blackann, (3) Ann M. Copland, (4) Robert E. Coughlin II, (5) John T. Doolittle, (6) Julia H. Doolittle, (7) Peter J. Evich, (8) Jennifer Farley, (8) William J. Heaton, (9 David G. Lopez, (10) Gregory J. Orlando, and (11) Ryan J. Thomas.

There are many Doolittle connections here:

Julie Doolittle - wife of John Doolittle

Laura Blackann - Doolittle's press secretary

Peter Evich - former Doolittle legislative director

David Lopez, - former Doolittle chief of staff

Greg Orlando - former Doolittle legislative director

Read more of the Government response.

For excellent eye witness reporting on the trial please visit our friends at the Anti Corruption Republican. The coverage for yesterday's trial is phenomenal!

Driver/Body Guard Sold Meth From Governor's Car

September 24, 2009

Pete Reyes, Governor Fitial's driver/bodyguard was arrested yesterday for selling methamphetamine (ice) from the governor's car.

According to the indictment the vehicle was used to distribute the drug.

The Saipan Tribune reported:

In one instance, Pete Reyes sold the drug at the parking lot itself of the Governor's Office on Capital Hill, according to the criminal complaint filed in federal court.

Assistant U.S. Attorney James Benedetto represented the U.S. government at the hearing.

Special agent Daniel G. Holcomb of the Drug Enforcement Administration stated in an affidavit that a “confidential source” had told DEA agents in December 2008 about Reyes being a regular “ice” user and involved in the distribution of “ice.”

The source alleged that Reyes regularly used Fitial's vehicle, a blue Nissan Pathfinder with CNMI license plate ABX 429, to buy and distribute “ice.”

Reyes allegedly purchased “ice” every other Thursday, coinciding with the CNMI government's payday.

On March 16, 2009, Holcomb said, the source contacted DEA and told them that Reyes had offered to sell him/her a half gram of “ice” for $250.

That day, Reyes arrived aboard Fitial's Pathfinder at the parking lot of the Bank of Guam in Garapan and went inside the car of the confidential source.

After getting the $250 from the confidential source, Reyes allegedly left so he could get the “ice” from his supplier.

An hour later, Reyes called the confidential source, saying he was stuck at the Governor's Office and was unable to deliver the “ice.” He allegedly asked the source to meet him instead at the Governor's Office to pick up the drug.

This prompted federal agents to establish surveillance around the Governor's Office, as other agents followed the source from the Bank of Guam to the Governor's Office.

When the source arrived at the parking lot of the Governor's Office, he/she parked the vehicle at the side of the building.

Reyes was seen walking out to the source's vehicle from the side of the Governor's Office. Inside the source's vehicle, Reyes allegedly handed over 0.12 grams of “ice” to the source.

An earlier Marianas Variety story revealed that the Department of Public Safety had issued a gun to the driver. Isn't drug testing required before public guns are issued? Or before a person is given a position to drive a government official?

Methamphetamine is a huge problem in the CNMI with most of the drug supply entering the CNMI from China.

UPDATE:

Here is the Complaint. Pete Reyes was charged with one count of possession of a controlled substance within 1,000 feet of a playground with intent to distribute. The narrative it interesting to read. It seems that the job of being the Governor's body guard and driver interfered with the business of selling drugs (CS is the abbreviation for Confidential Source):

6. Approximately thirty minutes later, the CS received another telephone call from REYES. REYES told the CS that he (REYES) got delayed running errands for Gov. Fitial, but he (REYES) spoke to his source of supply about purchasing the methamphetamine that the CS ordered from REYES. REYES told the CS that he would call him/her (CS) when he (REYES) was close to the Bank of Guam. A short time later, the CS received another telephone call from REYES. REYES told the CS that he (REYES) needed to take Gov. Fitial to lunch, but he (REYES) would call the CS after he dropped the governor off at his office on Capitol Hill.

7. Approximately one hour later, the CS received a telephone call from REYES. REYES told the CS that he (REYES) was on his way to the Bank of Guam to meet the CS. A few minutes later, Federal agents saw REYES arrive in the parking lot of the Bank of Guam driving Gov. Fitial’s blue Nissan Pathfinder, as described in paragraph #2, supra. Federal agents then began videotaping REYES in the parking lot. Shortly after REYES arrived, Federal agents saw the CS walk out of the Bank of Guam and get into the front passenger seat of REYES’ vehicle, where she sat speaking to REYES for approximately ten minutes. During this meeting, which was recorded on the digital recording device being carried by the CS, REYES took the $250 OAF from the CS. REYES told the CS that he (REYES) needed to go purchase the methamphetamine from his (REYES’s) source of supply, and he would return in five or ten minutes. During this meeting, REYES also attempted to check to see if the CS was carrying or wearing any kind of recording devices. Federal agents then watched the CS get out of REYES’s vehicle, and they watched REYES leave the area.

8. Approximately one hour later, the CS received a telephone call from REYES. REYES told the CS that he (REYES) was stuck at the governor’s office on Capitol Hill and unable to deliver the methamphetamine to the CS. REYES asked the CS to come meet him at the governor’s office to pickup the drugs. Federal agents then established surveillance around the governor’s office on Capitol Hill, while other agents followed the CS from the Bank of Guam to the governor’s office.

9. When the CS arrived in the parking lot of the governor’s office, she parked her vehicle on the side of the building. Federal agents then watched REYES walk out to the CS’s vehicle from the side of the governor’s office and get into the front passenger side of the CS’s vehicle. REYES then delivered approximately 0.12 grams of methamphetamine to the CS as he sat in the front passenger seat of the CS’s vehicle. The delivery of this methamphetamine to the CS was recorded on the digital recorder being worn by the CS, and it was also recorded on videotape by Federal agents conducting surveillance of the meeting. After REYES delivered the methamphetamine to the CS, he got out of the CS’s vehicle and walked towards he governor’s office out of sight of Federal agents. As REYES walked out of agents’ sight, other agents followed the CS to a pre-arranged location. At the pre-arranged location, DEA agents recovered the methamphetamine from the CS. Federal agents then searched the CS and his/her vehicle for any contraband or large amounts of U.S. currency and found none. DEA agents submitted the methamphetamine the CS purchased from REYES to the DEA’s Southwest Regional Laboratory (SWL) for analysis. During the analysis, the DEA’s SWL determined that the methamphetamine REYES sold contained the isomer d methamphetamine hydrochloride, and it was 91.1% pure. This indicated that REYES delivered 0.10 grams of actual methamphetamine.

The order setting the conditions of release stated that the defendant was ordered to pay a bond of $10,000 and was paced under house arrest.

Kevin Ring Trial: Copland and Boulanger Testify

September 23, 2009

Ann Copland, former staffer for Thad Cochran (R-Miss), testified yesterday at the Kevin Ring trial saying that tickets and meals she received from Abramoff-connected lobbyists made her "life a little easier and a little more fun according to Under the Influence National Journal.

Ann Copland pleaded guilty earlier this year to trading legislative favors in return for tickets, meals and other gifts from Jack Abramoff's former lobbying firm between 2002 and 2004. Cochran was a staffer for Mississippi Senator Thad Cochran for 29 years from 1978 to 2008.

From the article:

"I accepted gifts from the lobbyists -- the tickets and the meals -- and accepting those things had some influence on decisions I was making while [working] in the Senate," Copland said.

Copland was among the most greedy of those who accepted tickets and gifts from the A-Team. Copland received more than $25,000 in tickets, meals and gifts in exchange for legislation favorable to Abramoff client, the Choctaw Indians. The Washington Post reported that at the time Copland was trading gifts for influence, her boss, Senator Cochran was a "powerful member of the Senate Appropriations Committee."

Today Todd Boulanger testified that "an endless expense account" and "endless supply of tickets" gave Team Abramoff access and an advantage over other lobbyists according to the Under the Influence, National Journal. From the article by Beth Sussman:

"We had more tools than most," Todd Boulanger said in testimony Tuesday in the trial of Ring. "It was a tremendous advantage over some of the other folks in the lobbying world."

Boulanger said that Ring joked about his use of tickets and meals in lobbying. "Hello quid, where's the pro quo?" Boulanger reported Ring saying to him on several occasions.

...He said he dismissed lobbying guideline manuals that were given to him and other lobbyists by the firms.

"Quite frankly, I didn't pay much attention to [the guidelines]," Boulanger said. "Nobody did."

Boulanger, a former staffer for Senator Bob Smith (R-NH) pleaded guilty in January 2009 to bribing congressional staffers with gifts in exchange for pushing legislation favorable to Abramoff clients.

As disclosed previously in this post, Abramoff Scandal: Trail Leading to CNMI, Saipan garment magnate Willie Tan was the one who provided the treasure chest for the lobbyists with the "endless supply of tickets." He gave Abramoff hundreds of thousands of dollars to bribe members of Congress, staffers and clients with tickets to sporting events and concerts. On March 28, 2000 Abramoff sent Willie Tan an email requesting payment for suites at Camden Yards, MCI Center, and JKC stadium. The bill indicates that the total was $223,679 and Arbamoff was asking for the quarterly fee of $55,919.75.

In another post, Ms. Sussman reported that Boulanger testified that former Rep. John Doolittle (R-CA) worked on issues irrelevant to his own constituents just to assist his former staffer Kevin Ring.

Boulanger also testified concerning DOJ official Robert Coughlin accepting tickets in exchange for information on a grant for a jail for the Choctaw Indians. Ms. Sussman reported that Boulanger's testimony will continue tomorrow.

Check out The Anti-Corruption Republican for updated news on this case.

Governor's Driver Packing Heat?

September 22, 2009

A Marianas Variety story states that Governor Fitial's driver, Pete Reyes was "visited by federal agents at his residence." The very short article stated:

Department of Public Safety Commissioner Santiago F. Tudela, for his part, was summoned by the federal court regarding the issuance of a gun to Reyes.

Asked for comment, Tudela confirmed that he received the subpoena on Friday. He declined to elaborate.

Reyes will be indicted this week, Variety was told.

I checked and there was no indictment posted on Pacer. I will post it when and if there is an indictment.

This short story raises several questions, at least for me. Why does the governor have a driver? Is he a driver or a body guard? How much does he earn? Why does the driver need a gun? Did the DPS Commissioner issue a police gun to the driver? If so, why?

The governor's press secretary gave this statement to the MV:

Press Secretary Charles Reyes Jr., in an e-mail, said: “Sorry, we do not issue statements in response to rumors or unconfirmed reports. Please let me know if you have something concrete that would warrant an official comment or statement. A legal document would be good.”

I have this bizarre picture in my mind of this "driver" packing heat while driving the governor around protecting him from ________? From what? Very strange.

NAPOLITANO: NO DELAY!

September 22, 2009

The Saipan Tribune reports that in a meeting yesterday with DHS Secretary Janet Napolitano, she informed Congressman Kilili Sablan and Congresswoman Madeleine Bordallo that DHS was prepared to implement PL 110-229 on November 28, 2009.

The secretary also said that the regulation on Chinese and Russian visa waivers will not change before federalization begins.

Despite assurances that the DHS would be ready on November 28, 2009, Congressman Sablan says he does not believe that will be the case according to this press release:

WASHINGTON, D.C. (Office of the CNMI Congressional Delegate) — Congressman Gregorio C. Sablan, D-MP, and Insular Affairs, Oceans and Wildlife Subcommittee Chairwoman Madeleine Z. Bordallo, D-Gu., met with Homeland Security Secretary Janet Napolitano to discuss immigration issues in the Northern Mariana Islands.

Napolitano told the two territorial delegates that DHS would be ready for implementation of U.S. Public Law 110-229 on Nov. 28 and that she had no more statutory authority to delay.

Published visa waiver regulations will not be changed before Nov. 28, Napolitano said, although she did hold out the hope of some creative solution to allow Chinese and Russian tourists into the Marianas.

“I appreciate that Secretary Napolitano took the time to have a meeting specifically on the implementation of Public Law 110-229,” said Sablan. “And I appreciate that Chairman Nick Rahall and Chairwoman Bordallo were able to arrange the meeting.”

But, he added, “I do not think we are any farther along with the department. Secretary Napolitano said she ‘gets it’ that losing Russian and Chinese tourists will be a significant blow to the CNMI economy.”

According to Sablan, “I told her that losing Chinese tourists is 100 percent of Tinian’s economy and will mean an end to the inter-island ferry that Tinian people depend on.”

Napolitano said DHS will be ready to stand up the borders on Nov. 28.

“I told her, respectfully, I disagree,” Sablan said.

He provided Napolitano with a letter that reiterated many of his concerns about implementation, including DHS continued silence on the rights of CNMI permanent residents and of immediate relatives of U.S. citizens to come and go from the Commonwealth.

Operational readiness is also a concern for Sablan.

“DHS lacks sufficient funding. They have no finalized arrangement for space at the ports. There does not appear to be any equipment installed or communication lines; no Customs and Border Patrol personnel are present. And there are only 68 days until Nov. 28.”

Sablan did tell Napolitano that recently issued investor regulations were praiseworthy.

“The E-2 regulations will require that all present investors demonstrate that they have legitimate businesses in the Northern Marianas,” Sablan said.

“I also find it interesting that these investor regulations will even waive fees for investors. This is what we need to do for other people, IRs and permanent residents, who also have made a long-term commitment to the Northern Marianas and cannot easily afford the fees for U.S. visas.”

Governor Fitial is said to have a meeting with Secretary Napolitano today and her message to him is expected to be the same.

What will it take for DHS to convince the leaders of the CNMI that DHS and other agencies will be ready for the November 28, 2009 deadline? Why would the Secretary of DHS declare that the department will be ready if they will not be?

Photo contributed by Congressman Sablan's office.

ABC is a Pimp: Dancing DeLay

September 21, 2009

W. L. Doromal

The first victim of human trafficking that I ever met told me that she danced in her tears. She was recruited from Manila, Philippines to work as a waitress in the U.S. Commonwealth of the Northern Mariana Islands (CNMI), but she was forced to strip and dance in a sleazy club seven nights a week. Every evening after the club closed, she was sold to customers against her will. By dawn she was locked inside a rundown barracks until the next evening when she would again dance in her tears.

Tonight the new season of ABC’s Dancing with the Stars will premiere to the delight of millions of fans. Among the contestants in the show’s ninth season is Republican politician Tom DeLay, the former House Majority Leader who hails from Sugar Land, Texas. In 2006 DeLay departed from the U.S. Congress in disgrace after he was indicted for conspiring to violate campaign finance laws. His connections to convicted felon and former lobbyist Jack Abramoff are legendary. Two of Tom DeLay’s former staffers were indicted in the Abramoff scandal. The Abramoff –DeLay deals involving casinos, Russian oil and money laundering are well known and are said to be under investigation. Tom DeLay is probably the first morally bankrupt person chosen to be a contestant on Dancing with the Stars.

ABC is a pimp cashing in on Tom's notoriety to boast ratings. Their selection of DeLay as a contestant on their show is a slap in the face to every innocent man, woman and, yes, child who suffered abuses as foreign contract workers or victims of human trafficking in the Commonwealth of the Northern Mariana Islands. (CNMI). Perhaps ABC failed to consider those victims that DeLay left in his wake when he was dancing in the House.

From 1984 to 1995 when I lived in the U.S. Commonwealth of the Northern Mariana Islands (CNMI) I witnessed the terrible labor and human rights abuses of contract workers who came from their homelands to work in the United States. They came from the Philippines, China, Bangladesh, Nepal, India, Sri Lanka, Russia, Pakistan, and other Asian countries. They sold their land, houses and businesses to pay up to $7,000 in recruitment fees for a chance to live the American dream. But too many of these workers lived a nightmare instead.

For years my husband and I assisted workers to seek refuge from abusive employers and helped them to file cases to seek justice. (Although not much justice was handed out then.) The workers who sought our help suffered from workplace abuses such as unpaid wages, indentured servitude, housing violations, contract violations, and discrimination. They suffered from criminal acts such as human trafficking, rape, torture, false imprisonment, assault and battery, and even murder. They fell victim to human rights abuses such as coerced abortion, forced prostitution and being denied the right to practice their religion. For the 20 years that I have had the honor and privilege of being an advocate for the disenfranchised guest workers of the CNMI I have regarded Tom DeLay with deep disdain.

The CNMI government spent over $11 million to hire lobbyist Jack Abramoff to kill reform legislation in the U.S. Congress that would have applied federal immigration laws to the Marianas and stopped outrageous labor and human rights abuses in the islands. In December 1997 Tom DeLay, his wife and daughter took one of the many Abramoff-CNMI sponsored junkets to the Northern Marianas. The junket included snorkeling, golf and a stay at the luxurious beachside Hyatt.

DeLay was featured on ABC’s 20/20 at a 1998 New Year’s eve party in Saipan. The party was hosted by garment factory magnate and labor abuser, Willie Tan who would later boast about being a close friend of Delay. Tan was a major campaign contributor to DeLay’s political campaigns. His Saipan garment factories held the distinction of being fined the largest labor fine in U.S. history. This summer a settlement for factory EEOC violations cost Tan over $1.7 million.

ABC's camera's caught DeLay saying to the CNMI leaders, “You are a shining light for the Republican Party and you represent everything that is good about what we are trying to do in America and leading the world in the free market system.”

The system that he praised, the CNMI's labor and immigration system, continues to be a dysfunctional, broken system that regards the foreign workers as disposable commodities rather than as future citizens. It is a system where laws are not enforced and thousands of cheated workers have been unable to collect monetary judgments owed to them by unscrupulous employers. DeLay praised the exclusive society that allows a major portion of the population to be disenfranchised without political and social rights. He lauded the economy built on the backs of indentured servants that has since collapsed.

Most junket travelers that accepted trips to the CNMI not only ignored the labor and human rights abuses, but they denied them. DeLay was among the worst. He didn’t just deny the abuses, but he promoted the dysfunctional and exploitative labor and immigration system that perpetuated them. He praised the system in “Dear Colleague” letters, in choreographed speeches made on the floor of the House and in numerous interviews. He danced around the truth to the detriment of thousands of foreign workers.

Not a month after DeLay and the junketers left Saipan, I was contracted by the Clinton Administration to lead a seven-member team of attorneys and human rights advocates to the CNMI to investigate and document current conditions of the guest workers. For three weeks in January and February 1998, we interviewed and filmed hundreds of foreign workers, touring barracks, factories, clubs and other work places. The deplorable living and working conditions, the intensity of the abuses and the escalation of unprovoked acts of violence being inflicted upon the workers stunned me. These were conditions that any visitor to the CNMI would plainly see. Yet, incredibly, Tom DeLay claimed there were no abuses! He called those who worked to expose the abuses and appeal for reform, liars. He sidestepped justice, continuing his jive and spin.

While Abramoff and the CNMI had millions of dollars to back up their campaign of denial, I continued to fight back with only the truth to back my own campaign for justice. Finally, a CNMI reform bill, the Northern Mariana Islands Implementation Act (S 1052) was introduced by Republican Senator Frank Murkowski and Democrat Senator Daniel Akaka in 1999. It unanimously passed the Senate in February 2000. However, Tom DeLay blocked that legislation in the House, again obstructing justice for the thousands of guest workers. He bragged about blocking it.

On June 17, 2006 Nousher Jaheti, a former CNMI victim of human trafficking, and I were interviewed by NPR in Washington, DC about DeLay’s congressional departure and his Abramoff-CNMI connections. My contempt for DeLay surfaced as I listened to Nousher retell his story. To me, Nousher represents the thousands upon thousands of cheated foreign contract workers who are hard-working, humble, good-intentioned, sincere and pure-hearted. Listen to this man's words:

YDSTIE: Guest workers were lured to the Marianas by recruiters in countries like China, the Philippines and Bangladesh, who told them they were going to the United States. The recruiters charged workers around $5,000 for the trip. Nashir Jahidi(ph) is one of the workers Wendy Doromal befriended. He came to Saipan, one of the Northern Mariana Islands from Bangladesh by way of the Philippines. He says when he got on the plane, he thought he was going to America.

Mr. NASHIR JAHIDI (Ex-Worker): And not only me, there was some people that recruiter exactly told him that he can be going to Los Angeles by train from Saipan. So when I hear that the plane, you know, the host or somebody's saying they were about to land in Saipan and I when I looked out the window and I saw it's like blue water everywhere and small island and I was like, how?

YDSTIE: So you thought that you were going to be going to California or somewhere on the U.S. mainland?

Mr. JAHIDI: Not only me, most of the worker. They were surprised when they see the United States flag and the local island flag and we used the U.S. dollar, we used the U.S. stamp and everything, then people understand that this is only a small island. There is no way that you have the opportunity like what's in the United States.

Nousher was a victim of human trafficking lied to by his recruiter and cheated in the CNMI. (Read more about him here.)

The NPR story continued:

YDSTIE: Garment manufacturers were attracted to the Marianas, which had become a U.S. commonwealth in 1976, because clothes made there could be labeled made in the U.S.A. and didn't face import quotas or duties. But despite flying the U.S. flag, the islands were exempt from many U.S. labor and immigration standards. As the abuses that Wendy Doromal helped uncover came to light, garment manufacturers there were sanctioned by the U.S. Labor Department. Then in the mid-1990s when it looked like Congress might force the Marianas to adopt U.S. Labor and Immigration laws, the island's government took action. It hired lobbyist Jack Abramoff to protect its special status. Abramoff was paid millions for his work. Here he is in a 1999 NPR story arguing that there were no abuses.

Mr. JACK ABRAMOFF (Lobbyist): In the Northern Marianas they're scrupulously careful to make sure that no one, if possible, is mistreated in any way, just because of the incredible microscope these people are under.

YDSTIE: But in 1998 Interior Department investigation, which Wendy Doromal had worked on, had documented continued abuses of guest workers on the islands. Abramoff dismissed the allegations.

Mr. ABRAMOFF: Most of the workers on the island would be violently upset if they understood what these self-proclaimed helpers of the workers are up to, which is in essence destroying their jobs and destroying their families' opportunities.

YDSTIE: Abramoff didn't only depend on his own persuasive ability though, he flew more than a hundred congressional aides and members of Congress to the island on fact-finding trips that usually involved a look at a showcase factory and then beach time, snorkeling and golf. Tom DeLay went on one of those trips. Here he is at a New Year's Eve dinner on the Marianas in 1997, congratulating the island's officials and business leaders.

Representative TOM DELAY (Republican, Texas): You are a shining light for what is happening in the Republican Party and you represent everything that is good about what we're trying to do in America, in leading the world in the free market system.

YDSTIE: That tape was from an ABC 20/20 investigative story that aired in 1998. And Global Survival Network, a human rights group, used a hidden microphone to capture the head of the island's biggest garment firm, a man named Willie Tan, boasting that DeLay had assured him his business would be protected.

Mr. WILLIE TAN (Textile Executive): I'm a very good friend of Tom DeLay.

YDSTIE: Tan starts by saying he's a very good friend of Tom DeLay's and that DeLay told him that as a member of the House Republican leadership, he controlled the schedule and would make sure reform legislation didn't get a hearing.

Mr. TAN: So Tom told me, forget it, Willie, no chance.

YDSTIE: In fact, through his House leadership position, DeLay made sure the House never considered any legislation dealing with abuses in the Marianas, even though one bill had 228 co-sponsors. By contrast, the Senate unanimously passed legislation aimed at curbing some of the abuses. Wendy Doromal testified at the Senate hearings. She says Tom DeLay had to be aware of the problems.

Ms. DOROMAL: He must've known what was going on, on the ground at that time. And if he didn't, I have to think, why would someone not know, why would they not know? Only because they wanted to ignore it.

YDSTIE: Federal investigators are looking for a money trail. They've subpoenaed the records of a non-profit group with ties to DeLay that got over $500,000 from Willie Tan's firm. The non-profit was run by DeLay's former chief of staff and spiritual advisor, Ed Buckham. Buckham also employed DeLay's wife, Christine. Now that DeLay has resigned, Democrats have reduced legislation to address the labor and immigration abuses in the Marianas. In the past few years, the garment industry on the island has shrunk as U.S. import quotas have been lifted and the made in the U.S.A. label has become less valuable. But now there are reports of labor abuses involving two other booming industries on the islands, gambling and entertainment, including the sex trade. Attorneys for Abramoff and DeLay declined to comment for this story.

DeLay's exit from Congress coincided with the introduction of the Human Dignity Act, a bill introduced by Rep. George Miller (D-CA), former Rep. Hilda Solis (D-CA) and Rep. John Spratt (D-SC). I stood on the steps of the Cannon Office Building on behalf of the thousands of disenfranchised and exploited foreign contract workers in the U.S. Commonwealth of the Northern Mariana Islands (CNMI) to witness the introduction of that legislation on June 17, 2006. On the podium where the legislators spoke was a sign that read, “DeLay- Abramoff Out, Human Dignity Act In.”

That legislation was the foundation for reform legislation that would finally pass in May 2008 as PL 110-229, a law to apply federal immigration laws to the CNMI. It would have passed eight years earlier if the obstructionists like DeLay had not blocked it. His actions perpetuated the suffering of thousands of victims of labor and human rights abuses as more workers were abused under the corrupt and unjust system.

Some of the most abused of all victims I met were the minors and young women trafficked from the Philippines and other Asian countries and forced to be strippers and prostitutes. Most were recruited as waitresses for clubs and bars, but once in the CNMI they were forced to perform lewd sex acts and dances on stage and were sold as prostitutes. After the customers left, they were locked in dismal barracks. One woman told me that she slept on the dance floor. These were unwilling dancers, some who were never paid, and some who danced in their tears.

On February 8, 2007, I attended the Senate Hearing concerning immigration issues in CNMI. I was struck as Kyleen, a young Filipina woman, testified about her terrifying experience as a victim of human trafficking for Saipan’s sex trade. Her heart-wrenching testimony reminded me of another testimony from the 1998 Senate Hearing I also attended. At that hearing, a young 14-year-old Filipina girl, "Katrina", testified with the same horrific story. I had to wonder would Kyleen have been testifying if Congress had acted when Katrina had testified? Would Katrina have testified if Congress had acted in 1995 when I had testified detailing the same story on behalf of dozens of other trafficked young women? We can blame Jack Abramoff and the CNMI government, but we must also blame the members of Congress like Tom DeLay who were their defenders and conspirators.

Because of this ethically challenged congressman’s actions more dancers and trafficked club workers followed in Katrina’s shoes. Hundreds more. I interviewed some of them on my 1997 and 1998 visits to the CNMI. I heard the same sickening story over and over from different lips.

So tonight if you tune in to watch Tom DeLay’s moves on the dance floor, I hope you will remember Katrina, Kyleen and the hundreds of other reluctant dancers who suffered in Saipan because of DeLay’s moves on the House floor. Think of the sweet girl who danced in her tears.

It seems ironic that ABC, the network that used their 20/20 program to expose the DeLay-Abramoff-CNMI connection a decade ago is now featuring this evil-doer in their ads to promote another one of their television shows. As for me, I won’t be watching Dancing with the Stars. ABC is promoting a conspirator who plotted to block justice and contributed to the perpetuation of labor and human rights abuses in the CNMI. The only time I will tune in to watch Tom DeLay dance is if he is doing the jail house rock.

For those of you who want to refresh your memories about Tom DeLay and his friends, Ben Fitial and Jack Abramoff here are some articles from the Saipan Tribune archives:

There's Alot to be Thankful for Friends 11/26/98
NMI Salutes Majority Whip Tom DeLay 2/22/99

The Smear Campaign 4/4/99 (About the 20/20 story)

Fitial Meets with US Leaders 4/6/01
The Price to Pay for a Job Well Done 4/21/02
Fitial Backs DeLay 4/21/05

Photo of Reps. George Miller, Hilda Solis, and John Spratt by Wendy L. Doromal ©2006