More Chinese Attempt to Enter Guam Illegally

February 1, 2010

Five Chinese aliens, 3 males and two females, were apprehended on Saturday for reportedly attempting to enter Guam illegally. The five had two motorized inflatable boats that were to be used to reach Guam from Rota's West Harbor docks. One boat made it to the channel and another was stopped before they actually left the dock when the arrests were made.

Apparently, the 5 foreigners had learned that another Chinese national successfully made it to Guam in an inflatable boat. In the ICE agent affidavit that accompanied the February 1, 2010 complaint it states:

In July 2009, a male Chinese national on Saipan purchased an inflatable boat and an outboard engine from China. The individual flew to Rota by commercial airline with the inflatable boat and outboard engine. It was later learned that this person launched the inflatable boat from Rota East Harbor in the cover of darkness at night. His inflatable boat and outboard engine were located on a beach on Guam. Investigation efforts by ICE agents have confirmed the male individual arrived in Guam without proper entry in violation of 8 U.S.C. § 1325(a) (I). It is believed that the success of this Chinese national's entry into Guam is known among the Chinese community in Saipan.
A concerned citizen notified officials that Chinese nationals were interested in purchasing a boat to enter Guam illegally. Federal officials followed up on the lead over the last two months. DHS ICE agent, Isra D. Harahap's affidavit describe the recent series of events leading up to the arrests:

On January 26, 2010, I received information from the Commonwealth of the Northern Mariana Islands (CNMI) Attorney General's Office that two Chinese nationals were boarding a Freedom Air flight to Guam "with two inflatable boats and two outboard engines. I contacted Freedom Air and found out that Shixu HUANG and Jingfan ZHANG were boarding Freedom Air 200 from Saipan to Rota. The Freedom Air employee also told me the following in sum and substance:
• Shixu HUANG and Jingfan ZHANG had two inflatable boats, two outboard engines, and two life vests.
• They do not have return tickets.
• Shixu HUANG presented an expired Chinese passport and a letter from the CNMI Attorney General's Office indicating that HUANG is currently seeking a new employer.
• Jingfan ZHANG presented a current Chinese passport but did not have a permit.
• Shixu HUANG indicated with broken English that the purpose of their trip to Rota was to take pictures of marine life.
• Shixu HUANG and Jingfan ZHANG had two new 5 gallon gas tanks.

7. Shixu HUANG and Jingfan ZHANG were observed by Law Enforcement officials when they landed on Rota. Shixu HUANG and Jingfan ZHANG hitched a ride from the airport to Memorial Plaza at Song Song Village. Jingfan ZHANG stayed at Memorial Plaza with both their personal items while Shixu HUANG continued to East Harbor to survey the general area. Then Shixu HUANG walked directly to the only operational gas station on Rota. Shixu HUANG was observed looking at the gas prices. Shixu HUANG returned to the Memorial Plaza. After a short exchange with Jingfan ZHANG, Shixu HUANG walked to West Harbor where he was observed surveying the area. Shixu HUANG again returned to Memorial Plaza. Then they hitched a ride to Bay View Hotel which is located directly across from East Harbor boat ramp.

8. On January 27, 2010 the 2 inflatable boats and outboard engines arrived at the Rota airport on the first Saipan to Rota flight. Shixu HUANG and Jingfan ZHANG were notified that their air cargo had arrived in Rota. Freedom Air was notified by a third party that Shixu HUANG and Jingfan ZHANG were going to pick-up their cargo the next day on January 28, 2010 at 2:00 p.m. Shixu HUANG and Jingfan ZHANG were observed surveying the East and West Harbors. In the early afternoon Shixu HUANG and Jingfan ZHANG approached a plain clothes CNMI Department of Public Safety (DPS) Officer. In broken English Shixu HUANG asked the officer the direction of Tinian. After the officer pointed North for Tinian, Shixu HUANG pointed the opposite direction and the officer told Shixu HUANG that was the direction of Guam. Shortly after, Shixu HUANG and Jingfan ZHANG departed East Harbor. Later that evening Shixu HUANG and Jingfan ZHANG approached the same plain clothes officer at East Harbor. Shixu HUANG was asked if there was any other location to purchase gas and oil. Shixu HUANG also enquired if the ocean would be calmer at night and if they could swim in the ocean if they had fallen from a boat. Also during this conversation Shixu HUANG inquired into the direction of Japan and the Philippines. Shixu HUANG asked if water on the East side is good and if the water on the West side is bad.

9. On the morning of January 28, 2010 1 Shixu HUANG and Jinfan ZHANG approached the same DPS officer they spoke to the day before. In a short conversation Shixu HUANG indicated that his worker was arriving in the afternoon. Shixu HUANG rented a room at the Coral Garden Hotel for two days. At approximately 10: 00 a. m. Zhan Shan
1st ZHANG arrived at Rota airport on the Freedom Air Saipan to Rota flight. Shortly after1 a blue Toyota Corolla rental car arrived at the Coral Garden and picked up Shixu HUANG and Jingfan ZHANG and drove them to the airport where they met Zhan Shan ZHANG. Shixu HUANG and Jingfan ZHANG walked to the Freedom Air cargo receiving area, while Zhan Shan ZHANG reversed the rental car into the cargo receiving bay. They loaded the inflatable boats into the rental car along with other unidentified items, then drove to the Coral Garden.

10. On Friday, January 29,2010, around 10:15 a.m., Zhan Shan ZHANG drove Shixu HUANG to the gas station in the blue Toyota Corolla. They filled four 5 gallon fuel tanks with fuel. Shixu HUANG paid approximately $98.00 for around 21.3 gallons of fuel. At approximately 11:43 a.m., Jingfan ZHANG and Zhan Shan ZHANG drove to Bay View Hotel and loaded several plastic bags into the trunk and checked out of the hotel. Then Jingfan ZHANG and Zhan Shan ZHANG drove to Coral Garden Hotel. At approximately 4:10 p.m. Zhan Shan ZHANG departed in the blue Toyota Corolla and drove to the West Harbor. Several minutes later Zhan Shan ZHANG departed and drove to the East Harbor area only to conduct a u-turn and return to the Coral Garden Hotel. The blue Toyota Corolla departed the hotel and drove to the gas station. The attendant reported a Chinese male who was driving the blue Toyota Corolla filled two 5 gallon gas tanks. The vehicle returned to the Coral Garden Hotel. Also on this date, Ping Ping ZHANG and Lihua YI purchased one way airfare tickets and flew from Saipan to Rota. They were met at the airport by Shixu HUANG and Zhan Shan ZHANG and were driven to the Coral Garden Hotel.

11. On January 30, 2010, just before 2:00 a.m., the blue Toyota Corolla departed the Coral Garden Hotel and drove to the West Harbor only to turn around and return to the hotel. Shortly after the car returned, Zhan Shan ZHANG, Shixu HUANG, and Jingfan ZHANG loaded the inflatable boats into the car along with several other items. All three departed in the car and drove directly to West Harbor, where they unloaded the contents of the car across from the West Harbor docks. The car travelled back and forth transporting items from the hotel to the harbor, making several trips. The last time the car departed from the hotel, Ping Ping ZHANG and Lihua YI were transported to the West Harbor. After they arrived, individuals were observed carrying items, including two inflatable boats and two outboard engines across the road and placed on the dock in the West Harbor. Zhan Shan ZHANG drove the car back to the hotel and after locking both the hotel key and car key in the hotel room, he walked back to the West Harbor. At approximately 4:00 a.m. all five individuals boarded the two inflatable boats at the West Harbor docks. Zhan Shan ZHANG and Ping Ping ZHANG were in one boat; Shixu HUANG, Jingfan ZHANG, and Lihua YI in the second boat. When law enforcement personnel arrived at the West Harbor, Zhan Shan ZHANG casted off his boat's mooring line and sped away towards the channel leading to the ocean. Law Enforcement personnel pursued the boat in a marked CNMI law enforcement vessel with a blue light energized. The United States Coast Guard Cutter WASHINGTON was on an intercepting course coming from the opposite direction with a blue light energized. Zhan Shan ZHANG refused to slow down or stop until the CNMI law enforcement vessel maneuvered in front of the inflatable boat forcing him to turn around towards the West Harbor. During the same time period, Shixu HUANG was attempting to pull start his outboard engine which failed to start until just before law enforcement personnel arrived and ordered him to secure the engine.

12. Both inflatable boats appeared to be overloaded with a combination of people, personal effects, and fuel containers. Each boat's water resistant storage wrap were utilized to store the personal belongings of the passengers in an apparent attempt to keep the items dry. No personal i terns belonging to any of the five individuals were left in the hotel or rental car. Only one of the boats had a fishing rod and reel, but it was still wrapped in the original plastic packaging. Both boats carried items that were not consistent with a day of recreational boating. These items included a construction worker hardhat, a bag containing various construction type hand tools, an electric rice cooker, electric razors, and multiple pairs of shoes, underwear, and changes of clothing. These items are consistent with an attempt to relocate to Guam.

13. On January 30, 2010, the undersigned arrested defendant based upon probable cause that defendant attempted to unlawfully enter the United States in violation of 8 U.S.C. § 1325(a) (1).

Judge Wiseman ordered the defendants held with no bail.

In the mid-1980s I sometimes took a cargo ship, the Christina that traveled between Rota and Guam to get supplies from Guam. The ride was free, and the boat left Rota's West Harbor late in the evening and arrived in Guam in the early morning. It was not a comfortable trip, with large waves and the sickening smell of diesel fuel. I would not even consider taking an inflatable boat to travel from Rota to Guam in the darkness of night.

I would like to hear the stories of those who would attempt to travel by inflatable boat. How many years have they been in Saipan? Were they foreign contract workers or investors? Why did they risk so much to get into Guam? What were their goals? Ditto for the defendants in the January 5th "human smuggling" case.

It's interesting that since January 2010 two incidents of foreigners trying to enter Guam illegally have been blocked by federal agents. Does anyone else wonder how many similar illegal entries from the CNMI to Guam have been successful over the years before DHS took over?

Massage-Gate
Some interesting comments on Massage-Gate have popped up in places other than the CNMI. The Pacific Daily News carried a story saying that a federal judge "must decide "If the governor of the Commonwealth of Northern Mariana Islands should be questioned under oath about why a federal detainee was taken to his house to give him a massage."
Territorial wrote:
Governor Fitial has CLEARLY abused his authority by having his masseuse delivered to his residence for personal service. The court issued Cheng is a flight risk and ordered she be held without bond.

Most simple minded people understand the courts order, well save for a Governor and his Director of Corrections. In their minds, the rules are made for the small people to follow. Governor Fitial is above the petty laws most other people must follow.

The worst thing is the Governor just renewed his oath of office wherein he vows to uphold all U.S Applicable and Local Laws! Someone need only read his Oath of Office. How quickly he forgot and performs his own bidding anyway. This is a personal service that should require Fitial to provide his own legal team and not use the government's lawyer for free.
Another Pacific Daily News article about the federal government subpoenaing the governor and the DOC commissioner and her officials has five pages of comments. The craziest thing about the story is the picture. I think the editors selected that "grinning like the Joker" photo of Fitial purposely. Most commenters asked the same questions and expressed the same reactions that commenters to Marianas Variety articles have written, but there were a few new ideas.

The Honolulu Advertiser also covered the incident and the fact that the governor was subpoenaed.

DHS to Issue Statement on Umbrella Permits

January 31, 2010


There was a short blurb in the January 29, 2010 issue of the Marianas Variety hinting that the Department of Homeland Security would be issuing a statement to clarify the legal standing on umbrella permits. Reportedly USCIS field office director Walter Haith said the statement would be issued within a few weeks. That may mean that the DHS will issue the permanent rule at that time.

From the Variety:
“There just seems to be so much confusion with the private sector and also the public sector where there are foreign workers. [Haith] said, basically, the umbrella permits will be fine. It will be honored until 2011. He also said the Department of Homeland Security would be coming up with a ruling or interpretation of the umbrella permit as it applies to the U.S. immigration law within a few weeks,” said Plinske.
Why is there so much confusion? Most of the problem can be traced to the CNMI Department of Labor. Statements by the DOL as to umbrella permits have been ever-changing and fluid since they were first issued.

DOL's 2009 Annual Report stated: "DHS representatives have acknowledged publicly that they will respect all of the CNMI-issued permits for two years and that the CNMI governs the terms and conditions for those permits." It is the terms and conditions of the permits that are so confusing.

Questions remain as to the authority of the local labor department now that PL 110-229 is law. Can DOL continue to enforce "primary preference" regulations which requires that 20% of the workforce be held by U.S. citizens or permanent residents? Does DOL still have the authority to operate the "foreign worker transfer registry"? Can DOL continue to regulate the application and processing of foreign workers? Are TWAs still needed by foreign nationals if they are covered by an umbrella permit?

In a comment to DHS, Howard Willens outlined changes to CNMI law to conform to PL110-229. There is a difference between labor and immigration, but the CNMI government wants those lines to be blurred. The proposed changes to the laws include: a CNMI-run alien registration and identification system, changing the words "work permit" and "permit" to "identification card", and CNMI repatriation of foreigners. DHS will have to clarify more than just umbrella permits.

How can the CNMI government have an alien registration system and any control over repatriation if PL 110-229 shall supersede and replace all laws, provisions, or programs of the Commonwealth relating to the admission of aliens and the removal of aliens from the Commonwealth? Is there any state in the United States that conducts its own alien registration, identification system, and/or repatriation of foreign nationals?

In the proposed CNMI law changes, the name "Immigration" is deleted and is replaced by the name "Registration and Employment":
B. A new Part 1 (Registration) shall be added, as follows:
§4301 Registration of Aliens.
(a) Every alien who remains in the Commonwealth longer than 90 days shall by regulation be required to be registered. Registration may be renewable annually. The parents or legal guardians of aliens under the age of 18 are responsible for such child’s registration.
1) Registration of aliens who are qualified to work in the Commonwealth, aliens who are religious ministers and missionaries and work in the Commonwealth, and aliens who are immediate relatives of aliens qualified to reside in the Commonwealth shall be conducted by the Department of Labor.
2) Registration of aliens who are investors, business-owners, or students qualified to reside in the Commonwealth shall be conducted by the Department of Commerce.
3) Registration of all other aliens qualified to reside in the Commonwealth shall be conducted by the Attorney General
(b) Such registration information as the registration authorities may require, including but not limited to fingerprints, is confidential and may be made available only on request of law enforcement authorities in connection with criminal or juvenile delinquency investigations.
(c) Registration information required by the registration authorities may be taken on oath or by declaration. Persons employed as registrars are authorized to administer oaths for purposes of this section.
(d) Registered aliens will be issued an identification card, which will indicate date of expiration and nonimmigrant class, as well as such other information, including photographs, as the registration authorities may require.
(e) Registered aliens 18 years old or older shall keep their identification card in their personal possession at all times.
(f) Any alien who knowingly fails to comply with this section shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than 90 days, or fine of not more than $500 or both.
(g) An alien, for purposes of this section, is any person who is not a citizen, national, permanent resident of the United States, or a CNMI permanent resident as provided by Trust Territory or Commonwealth law.
Why does the CNMI government need to issue identification cards? Isn't that the responsibility of U.S. immigration? What were the umbrella permits issued for? Why would aliens 18 years or older need a CNMI-issued ID card in their personal possession at all times? Are they seriously suggesting that an alien who fails to comply with their rules could be jailed or fined $500 by the local government?

The proposed changes suggest that the CNMI government may be duplicating what the federal government is or will be doing, for instance fingerprinting aliens. Or are they attempting to be a labor-immigration department.

The proposed registration is absolutely unnecessary. Any registration of aliens should be the responsibilty of the federal government. Is this a way to maintain their broken system? A way to continue collecting revenue? Another attempt to allow the local DOL to control the foreign national workers?

Their proposal includes changing the words "entry permit" and "permit" to "identification cards":
N. Division 4 (Immigration), Part 3 (Employment), Chapter 6 (Employment of Foreign Nationals) is renumbered Chapter 3 and is amended to change the terms “entry permit” and “permit” to “identification card,” and as follows:
1) Article 1 (General) is amended to:
a) Amend current §4911(f) to read: “Identification Card” means the card issued by the Department using the Labor Information Data System (LIDS) or comparable system and delivered to a foreign national worker or immediate relative of a foreign national worker pursuant to this chapter;”
b) Amend current §4911(h) to read: ““Immediate relative” means a parent, spouse, or child, whether natural or adopted, if adopted before his or her eighteenth birthday. A disabled child of any age qualifies as an immediate relative if in the continuous custody and care of the parent.”
c) Amend current §4911(j) to delete the words “whether” and “or by deportation.”
d) Amend current §4911(l) to delete the words “enters the Commonwealth pursuant” and substitute the words “is a party.”
e) Add a new §4911(m) to read: ““Umbrella permit” means a two-year permit issued prior to November 28, 2009 by the Department of Labor, the Department of Commerce, or under the authority of the Attorney General, to expire on November 27, 2011, that protects the status of the holder to remain in the Commonwealth until revoked or expired.”
f) Arrange the subsections of §4911 in alphabetical order as required.
2) Article 2 (Entry into the Commonwealth) is amended to:
a) Change the title of Article 2 to “Identification and Documentation”
b) Delete §4921.
c) Amend §4922 by –
i. In subsection 4922(b) by deleting the words “or part-time casual employment” and substituting the words “and provide for part-time casual and other employment.”
ii. In subsection 4922(d) by deleting the words “and forward it for immigration clearance”
d) Amend §4923 by –
i. Deleting subsection 4923(a).
ii. Amending current subsection 4923(c) to delete the first sentence.
iii. Amending current subsection 4923(d) to read: “Upon receiving notice that there is a medical reason any foreign national worker or immediate relative should not be permitted to remain in the Commonwealth for health reasons, the Secretary shall notify the foreign national worker and offer repatriation at the earliest date on which it is medically safe to travel. If repatriation is not accomplished, the Secretary shall forward the relevant documentation to the federal immigration authorities for deportation.”
iv. Renumbering the subsections as necessary.
v. Amend §4924 by amending subsection 4924(a) to delete the words “issuance of an entry permit for” and substitute the words “commencement of work by”e) Amend §4925 by –
i. Amending the title to read: “Foreign national worker status”
ii. Changing the term “entry permit” to “identification card”
iii. Amending subsection 4925(a) to read: “The Secretary shall cause to be issued an identification card which shall include the foreign national worker’s name, employer, citizenship, gender, birth date, expiration date of the card, and LIDS number.”
iv. Amending subsection 4925(b) to delete the last two sentences.
v. Adding a new subsection 4925(e) to read: “Umbrella permits issued by the Department to foreign national workers continue in full force and effect until revoked by the Department. Each holder of an umbrella permit must also hold a current identification card.”
f) Amend §4926 by –
i. Amending the title to read: “Immediate relative of foreign national worker status.”
ii. Changing the term “immediate family member” to “immediate relative.”
iii. Deleting subsection 4926(a).
iv. Amending subsection 4926(b) to read: “Each immediate relative of a foreign national worker shall be issued an identification card which shall include the sponsoring foreign national worker’s name, and the relative’s name, citizenship, gender, birth date, expiration date of the card, and LIDS number. The expiration date of the card shall be the same expiration date as the card held by the foreign national worker.”
v. Deleting subsection 4926(c).
Remember when Deanne Siemer and Cinta Kaipat said that anyone having a those DOL-issued "free" umbrella permits could remain in the NMI until November 27, 2011? Now they propose that anyone holding an umbrella permit must also have a CNMI-issued identification card:
Adding a new subsection 4926(e) to read: “Umbrella permits issued by the Department to immediate relatives of foreign national workers
continue in full force and effect until revoked by the Department. Each holder of an umbrella permit must also hold a current identification card.”
By changing the word "deportation" to "repatriation" can the CNMI government control who is subject to repatriation?
g) Delete §4927.Under the changes "deportation" is changed to "repatriation."
Amend §4964 by –
i. Deleting the word “deportation” and substituting the word “repatriation” and deleting the word “deportable” and substituting the words “subject to repatriation.”
DHS will have more to explain than legal standing on umbrella permits.

Meanwhile, guest workers are advised not to go to DOL. If any guest worker has any questions concerning umbrella permits and the process of reporting to DOL call the Federal Ombudsman Office:

Please call Cris/Glen if Tagalog or Sri Lankin - 322-8034/8038 and Li/Ripon if Mandarin, Cantonese or Bangladeshi - 322-8033/8037.

Judge Munson Denies Request of Garment Workers

January 29, 2010


As expected, Judge Alex Munson of the U.S. District Court of the NMI denied the motion filed yesterday by a group of former garment workers in an attempt to block the distribution of $625,000 in checks to charities.

Over the last year the court had ordered the Garment Workers Trust Fund to spend down the remaining funds. Attorney Tim Bellas called for former workers to file applications for funds. However, most were rejected because "the trustees did not believe that assistance for general and daily living expenses met the criteria of the type of hardship for which the applications were originally solicited." These applications were denied even though many of those that applied were owed money by their former garment manufacturer employers.

In December 2009, the fund called for charities to apply for the remaining fund money of $650,000. Most former garment workers who are struggling to survive disagreed with this decision, but unfortunately they took no stand until yesterday.

The motion filed by some former garment workers (which is not online) called for a temporary restraining order and notice for preliminary injunction to prevent Attorney Timothy Bellas from distributing the remaining funds from the Garment Workers Trust Fund. Checks had already already been given out to the court-ordered recipients/charities by the time the motion was filed.

Although the closing of the fund had been made very public over the last year and there had been many calls for former garment workers to apply for funds, many of the former workers stated that their applications were denied. Most objected to the money being given to charities. Realistically, the group was far too late to take any court action.

Bellas filed a Report with the Court to confirm the distribution of the funds to the charities. Judge Munson stated in his Order:
As an initial matter, plaintiffs' counsel has been available to the filers of these motions for years and yet they apparently never sought assistance from counsel.

Next, this very high profile lawsuit was settled several years ago with the payment of $20 million to a settlement fund by the defendants. That sum was to be distributed to garment factory workers who had allegedly been underpaid or had otherwise incurred damages at the hands of defendants. The task of determining what information should be received from claimants to the fund to show their entitlement to a payment and how their eligibility would be determined was given to the Garment Oversight Board, established and overseen by the court. The entire process was closely monitored by this court and all the proceedings and reports submitted by the Garment Oversight Board are and always have been matters of public record. Additionally, all facets of this lawsuit, since its inception and continuing to date, have been reported assiduously in the local media.

When the board of the Trust Fund concluded that it had exhausted all efforts to reach all of the workers who might be entitled to a payment and that it still had approximately $675,000 remaining of the settlement fund, the board and the court decided to utilize a cy pres trust to distribute the remaining settlement money to charitable or non-profit organizations, in particular those that had been instrumental in assisting garment factory workers over the years. To that end, notices were issued to the public, seeking applicants.

After meetings between the board and the court, a list of recipients was finalized and notice was given that a distribution to these entities would be made yesterday, January 28, 20 1 0, at 2:00 p.m. These motions, as noted above, were not filed until 2:47 p.m., after the distributions had begun. More to the point is that the parties who filed the motions have known for years of the process being employed by the court to determine eligibility for payments from the settlement fund and for at least several months of the court's intention to distribute the remaining funds to charitable and non-profit groups. There simply is no excuse for a last-minute filing that essentially asks the court to re-open the entire eligibility process and start all over again.

The court and the board have been scrupulous in the exercise of their duties regarding distribution of the settlement monies. All actions have been well publicized in the local media and no part of the Court's file has ever not been made available to the public. There is simply no acceptable reason for the filers' last-minute effort to have the court begin the process anew, particularly when most of the cy pres money had been distributed prior to the filing of these two motions. Litigation has to end at some point and that point has been reached here, after years of court-monitoring.
While I understand this ruling, I agree with the former workers that the money should have been given directly to them rather than distributed to charities. However, the time for them to present their case to the judge would have been months ago.

For whatever reason the administrators rejected the former garment workers' applications for funds they could have at least distributed the remaining funds to charities that directly serve these workers.

The money was distributed to the following charities: American Red Cross - $100,000; Center for Living Independently in the CNMI - $30,000; Karidat -$125,000; Micronesian Legal Services Corporation -$85,000; Northern Marianas Protection and Advocacy Services - $25,000; Northern Marianas Trade Institute - $25,000; Northern Marianas Council for the Humanities - $20,000; Northern Marinas Judiciary Historical Society -$25,000; Pet Assistance and Welfare Services - $50,000; Saipan Southern High School - $15,000; Saipan Swim Club -$15,000; St. Paul's Episcopal Church -$60,000; The Family Wellness Organization - $25,000; Whispering Palms School - $20,000.

While these are all worthy charities, some are so unrelated to guest workers needs the decision appears to ignore the original intent of the lawsuit.

Massage-Gate: U.S. Files Response

January 29, 2010


Will Criminal Charges Be Filed?
The Government's response to the motion to vacate order for evidentiary hearing and to quash the subpoenas makes several points worth noting. First, the motion filed by the AG was filed solely on behalf of Commissioner Dolores Aldan. No attorney made an appearance on behalf of the other witnesses. Those others witnesses are Governor Fitial and the three DOC officials: Capt. Arnold Kaipat Seman (the governor's son-in-law), Capt. Georgia Cabrera, and Corrections Officer Abigail Borja. The three DOC officials and Commissioner Aldan accompanied the prisoner-masseuse to the governor's home so she could give the governor a massage. Prisoner Qingmei Cheng was arrested on January 5, 2010 on 22 counts of attempting to bring aliens to the United States. She was ordered by the federal judge to be held without bail until her hearing date.

From the Government's motion filed today:
The Government notes that the Office of the Attorney General of the Commonwealth of the Northern Mariana Islands filed the present motion solely on behalf of employee Dolores M. Aldan, presumably because she acted in her official capacity and her interests may conflict with those of the other witnesses. To the Government’s knowledge, no counsel has entered an appearance on behalf of the other witnesses. Because the Attorney General filed the initial motion to extend in the name of the C.N.M.I., presumably on behalf of all subpoenaed witnesses, the Government relies upon the Attorney General as the only known counsel of record for service of this response on the remaining witnesses, in accord with Fed. R. Crim. P. 49(b), and Fed. R. Civ. P. 5(b)(1).
The AG's motion noted that the hearing was unusual. The response agrees stating: "To begin, the Government agrees with witness Aldan that this is an unusual hearing. The removal of a federal detainee from a holding facility for the purpose of providing a personal service to a public official was an unusual event." I would guess that this case is not only unusual, but also unprecedented.

The response cites the All Writs Act, which "provides judges with a flexible mechanism to enforce compliance with their judgments and orders. This may include taking action against persons not a party to the underlying litigation." The response contends:
The evidentiary hearing now set for February 17, 2010 is an acceptable use of this power as it is necessary and appropriate in aid of the Court’s jurisdiction, specifically its authority to detain persons charged with federal crimes and to prevent unauthorized contacts with those detainees.

The purpose of the evidentiary hearing is to discover and record the existence, or non-existence, of prejudice to the Government’s case. It will also serve to disclose and record the existence, or non-existence, of prejudice to defendant Cheng’s due process and/or civil rights. In short, it will either provide a clean record upon which the prosecution of Cheng may proceed without obstacle, or it will provide a basis for motions or actions brought by Cheng. As of the date of this filing, there is no evidence on the record – only unsupported assertions of counsel. There is no testimony, no sworn statements, no physical evidence. The Government believes an evidentiary hearing is an appropriately cautious measure to make such a record.

Granted, information revealed during the evidentiary hearing may conceivably prompt the Court, the Government, or an interested third-party, to initiate contempt proceedings. Such proceedings may be criminal in nature, to vindicate disobedience to the Court’s lawful order, or civil, to compel obedience to its orders going forward. In either case, witness Aldan’s concerns regarding judicial involvement in a criminal investigation are not relevant. Indeed, in contempt proceedings it is the judiciary that requests appointment of government attorneys (or outside counsel if the interests of justice require) to prosecute in aid of enforcing judicial orders. Fed. R. Crim. P. 42(a)(2). Nor do protections afforded by a grand jury necessarily apply to contempt proceedings. United States v. Marthaler, 571 F.2d 1104, 1105 (9th Cir. 1978). Importantly, however, in either an evidentiary hearing or a contempt proceeding, the witnesses will have the Fifth Amendment’s protection against self incrimination.
The Government is also considering the defendant's due process and civil rights. The evidentiary hearing may determine if any of Ms. Cheng's rights were violated by her unauthorized removal from the jail.

The Government stated: "Under Federal Rule of Criminal Procedure 42(a), upon receiving information of a possible violation of its order, a court may sua sponte, or upon petition of an interested party, initiate contempt proceedings by giving notice in open court, by providing notice of an order to show cause, or by issuing an arrest warrant. Fed. R. of Crim. P. 42.; 18 U.S.C. § 401."

The response requests that the motion to vacate the evidentiary hearing and quash subpoenas be denied.

I assume that the Court could, and hopefully will, find those involved in removing a prisoner against the Court's order of jailing the prisoner without bail, in contempt. If the incident is determined to have violated federal law, hopefully criminal charges will be brought to hold those involved accountable, and to set an example to the community that laws are meant to be followed. To date no apology or statement of acceptance that the incident was a breach of public trust or abuse of office has been issued.

It should be noted that this is not the first time that this particular prisoner, Qingmei Cheng, was released from custody at the direction of the governor. From the Variety:
One of the arresting officers who asked not to be identified, said Qingmei Cheng, the 28-year-old masseuse at YuYu Spa, was booked for solicitation of customers sometime between March and June 2009.

The source said Cheng was ordered released even before she could be brought to the police station for questioning.
“It’s frustrating for politics to come into [our line of work]. One phone call and she was released even before she could be interviewed by an investigator. We were told she was going to massage the governor,” the source said.
Cheng’s arrest for solicitation should have been recorded by the Department of Corrections but the source said he wouldn’t be surprised if the incident was expunged from official documents.
The comments made by Commissioner Aldan to the Saipan Tribune yesterday indicate that she may not be capable of making sound decisions regarding the operations of the jail. The fact that her husband is given furlough is questionable. I am surprised that the AG didn't ask her to remain silent. Her remarks and flippant attitude appear to have only damaged her further.

In July 2009 it was reported that the Department of Corrections was calling for the end of the Consent Decree that was imposed on the department and prison facilities for violating the civil rights of the prisoners. The consent decree from the U.S. Department of Justice forced the CNMI to construct the adult prison facility after they witnessed deplorable conditions in the old facility. The new jail opened in February 2008 in Susupe. The consent decree also called for adequate staffing, and training of personnel in professional corrections practices. If this consent decree was lifted, the judge may want to reinstate it and provide some direct federal oversight at the jail and the Department of Corrections in view of the recent incident which demonstrates a flagrant disregard for the law. If it wasn't lifted the judge may want to strengthen it.

Massage-Gate Update

January 28, 2010


Rep. Antonio Sablan, former director of the Division of Immigration, told the Marianas Variety that "detainees are not supposed to be released, especially those held without bail, unless they require medical emergencies."
I'm sure that he meant a prisoner's medical emergency, not the "medical emergency" of another person, like say a governor.

From the Variety:
Sablan, R-Saipan, said detainees are not supposed to be released, especially those held without bail, unless they require medical emergencies.

“Something, obviously, seems not right on the surface. The question now is this: whether the appearance of impropriety also means a violation of the law,” he told the Variety in an interview yesterday afternoon.

Sablan, who used to oversee the detention facility for illegal aliens, said it is his understanding that the U.S. Marshal Service and the CNMI Department of Corrections have signed a memorandum of understanding allowing federal detainees to be held at the local jail which was built through federal funds.

“I think the issue should shift away from [the masseuse, Qingmei Cheng] and focus on the people who controlled or were responsible for her,” the lawmaker added.

“The thing here is this. She’s in there for a serious charge. Not only was she attempting [to sneak into Guam]. She’s been identified as one of the organizers [of the illegal entry attempt],” he added.
Of course, he is correct. The focus should be on the governor, his DOC Commissioner and the other officials who participated in the release of the prisoner.
____________

Eleven of the 24 Chinese aliens charged with trying to enter Guam illegally have signed plea agreements and admitted their guilt. Yet three defendants want their cases dismissed. The Saipan Tribune reports:
Dong Wang, Dongxiang Wang, and Qingxu Wang, through counsels Vicente Salas, Mark A. Scoggins, and F. Matthew Smith, asked the U.S. District Court for the NMI to drop the charges against them. They alleged that they have been charged, arrested, and detained unlawfully.

The lawyers argued that dismissal is warranted because there has been no violation of law.

“Even if there had been a violation, this court would not be the proper venue,” said lawyers Salas, Scoggins, and Smith in a joint motion.

The counsels pointed out that the U.S. government has charged the defendants with unlawfully attempting to enter Guam by boat from Saipan.

“This statute simply does not contemplate the factual situation created by this situation in which a person legally present in a U.S. territory is alleged to have attempted to enter into a 2nd U.S. territory,” the lawyers said.

For this reason, they added, this matter should be dismissed.
____________

Governor Fitial has assigned Lt. Gvernor Eloy Inos as a designate to sign all public proclamations. Most likely the governor doesn't want to have to answer any questions at the media events.
____________

DOC Commissioner Dolores Aldan claims that her prisoner-husband does "not get any special treatment:
She said her husband is released from prison on weekends because he is among the many prisoners eligible for the home furlough program.

“We have a lot of inmates on furlough. This program has been.what.20 years old already,” said Dolores Aldan in an interview.

She said her husband, Vicente T. Aldan, is eligible for the home furlough program because his conviction-assault-is a misdemeanor.

“Me, I don't want problems. We are professionals here to handle our own discretion, judgment, whatever it is,” she said.
Holding a gun to a person's head and pulling the trigger three times must be a misdemeanor. Furloughs for prisoners is routine in the CNMI? Judge Wiseman sentenced Vincente Aldan to six months in prison without parole. So furloughs are allowed, but parole isn't. Citizens and tourists may wonder what exactly are "furlough" policies in the CNMI. How many prisoners are given furloughs, how often, and under what conditions?

Dolores Aldan said:
“Anything that goes on in here is all program. There is no such thing as VIP. As much as possible, I want to transfer him to the United States, Guam or Hawaii or anywhere that would take him away from my discretion,” she said.
Sounds like a good idea. Or maybe she could resign and another person with more respect for the law could run the Department of Corrections.

Bellas on the Garment Workers Trust Fund

January 28, 2010


Attorney Tim Bellas gave some snappy answers to questions from a Saipan Tribune reporter concerning the distribution of the remaining funds in the Garment Workers Trust Fund. He claimed that attorneys took most of the $20 million settlement fees from the class action garment lawsuit.

In a "telephone interview" Bellas singled out Attorney Pam Brown as receiving $240,000, which is far less than the standard one-third in settlement claims that most attorneys earn.

The Tribune reported:
Bellas said he was not involved in the class action, but that his recollection from the pleadings is that the lawyers representing the garment workers got almost $8 million. Bellas said a lawyer told him that Brown got $240,000 as one of the workers' then local counsels.

Bellas said the Gilardi people also got $800,000 just to distribute the 29,000 checks to the workers. As claims administrator, Gilardi & Co. was tasked to distribute the checks to the workers.

“I'm just holding the money. I'm only responsible to the court to make sure it doesn't get misspent,” he said.
A lawyer "told him" so he repeats it to the paper. Classy. (Not!)

The Tribune also reported that after the charities learned that the workers would be filing a temporary restraining order and a notice for a preliminary injunction to stop the fund from distributing the remaining funds, the charities rushed to pick up their checks.

A
previous post I wrote on December 8, 2009 links to the fund's court documents and breaks down the settlement. From the post:
According to court documents, a total of 1,313 persons filed applications to seek funds from the Garment Worker Trust Fund's hardship-based assistance program. Of those, 991 of the applications were requests for monetary assistance to meet daily living expenses due to adverse economic conditions; 63 of the applications requested repatriation assistance to return to their country of origin; 44 of the applications requested for medical assistance; and 215 of the applications were submitted through the CNMI Department of Labor and the Office of the Federal Ombudsman, on behalf of garment workers with unpaid wages who are still located within CNMI.
Concerning the 991 applications for monetary assistance to meet daily living expenses the document states:
...the trustees do not believe that assistance for general and daily living expenses meets the criteria of the type of hardship for which the applications were originally solicited. Therefore, these applications were all denied.
A footnote states:
The requests in this category were varied but generally consisted of funds because of reduced working hours, reduced income for other reasons, assistance with child support, even though there was no explanation why the other parent was not supporting the child or what efforts, if any, effort were made to have the non custodial parent provide support.
It makes no sense to me that they would deny the former garment workers' requests and instead elect to give the $500,000-plus remaining funds to charity.

The 215 former garment workers who are owed back wages may need to get attorneys to collect all of the money that is owed to them if they don't have one already.

Judge Alex Munson approved the fund's proposal to pay $72,250 to some of the garment workers who still have unpaid wages and remain in the CNMI. These are the individuals who have been referred by the Ombudsman Office and the CNMI DOL. They will not receive the amount of their back wages, but will be given a "donation" of $350. Every one of the workers are owed back wages of over $350.

Where are the garment companies and bonding companies. Have the bonding companies ever paid back wages to cheated workers?

As far as repatriation, the trustees agreed that repatriation is a consistent and pervasive theme of the Settlement Agreement and agreed to pay their tickets to their place of origin and give each of the 66 former garment workers $100 in travel expenses for a total of $65,300.

Many of the requests for funds for medical care were incomplete as to the medical condition according to court documents. They were conditionally approved subject to additional needed information being provided in a timely manner. The document states that only 11 former garment workers met the stipulated deadline.

In January 1999, the law firm of Milberg Weiss Bershad & Schulman LLP and other law firms, on behalf of some garment workers, sued several garment factories on Saipan, alleging that the garment workers were subjected to sweatshop conditions. After a few years, the class action lawsuit was settled.

As a result of the settlement, the Garment Oversight Board was established in 2003 and closed in October 2008. The remaining funds were then transferred to the Garment Workers Trust Fund.

Under the $20 million settlement the money was divided like this:
  • $8.75 million would go to plaintiffs' lawyers
  • $5.8 million: cash payments to the workers;
  • $4.0 million for a monitoring fund to prevent the harm previously caused by the industry to the workers;
  • $565,254.80 for a trust fund that would be administered by the non-profit Tides Foundation for the court action before the California Superior Court;
  • $500,000: to pay the claims administrator of the distribution fund; and
  • $400,000; repatriation fund for garment workers.
It appears that the plaintiff's lawyers were the ones who gained the most from the lawsuit. The establishment of a Garment Oversight Board that was charged with seeing that laws were followed in the garment factories seems like it should have been beneficial to the workers. However, abuses continued despite the "oversight."

Many of the cheated garment workers never saw a cent of money from the settlement because the checks never reached them. The un-cashed settlement checks went into the trust fund.

Some former garment workers are wondering why the remaining money estimated at over $500,000, will be given to "charities" when there are still hundreds of former garment workers in the CNMI who could use that money to help themselves and their families. If not having enough food to eat is not a hardship, what is?

In August 2009 Bellas suggested that the U.S. Congress should reimburse the cheated garment workers. From the Saipan Tribune:
The chairman of the Garment Workers Trust Fund said the U.S. Congress should help former garment workers who have been affected by the shutdown of the garment industry in the CNMI.

“Why not ask the federal government to appropriate some money for the workers since they are so interested in our garment industry and they want to do the right thing by the workers that have left?” said trust fund chair Timothy H. Bellas.

The former Superior Court judge said part of the problem is the change in the U.S. law, which caused the closure of the CNMI garment industry.

“So if these [alien workers] find themselves without an employer, why can't the U.S. Congress do a one-time special appropriation for them?” Bellas said.

The trust fund chairman suggested that the workers or the government go to U.S. Rep. Gregorio Sablan (D-MP) and ask him to work for the one-time special appropriation.
Why should U.S. taxpayers pay the back wages of cheated workers that the unscrupulous garment factories and useless bonding companies refused to pay? Why would U.S. taxpayers be expected to support displaced garment workers when there was actually money left in the fund that is being given to charities.

Billing Records for attorneys fees were attached to the court documents. The draft for a letter to the editor written by Bellas and published in the Saipan Tribune on July 17, 2009 cost $495.00. That's more than the "donation" given to the cheated workers.

A July 2009 letter to the editor from a Chinese garment worker, Chun Yu Wang, claimed that she was owed between $1,500 to $2,000 in unpaid overtime. The amount she received from the lawsuit came to only $220.

She stated:
I request, therefore, that in order that justice be served in this ongoing, still painful and relevant matter, that I, and others who have been similarly shortchanged by our settlement checks be awarded our fair and just compensation through the Garment Workers Trust Fund in lieu of any such funds being diverted to “charity.” As long as there is a single garment worker remaining who has endured such a plight, the fund should feel obligated to fulfill its intended purpose and disburse compensation until it is depleted. This is the fair thing to do.

Such compensation does not offer us comfort or luxury, sir, it simply offers us justice.

Garment Workers Protest Trust Fund











January 27, 2010

Some disgruntled former garment workers gathered outside the U.S. District Court to protest the Garment Trust Fund distribution of remaining funds to charitable organizations. About $625,000 that remained from the $20 million settlement will be given to 14 CNMI non-profit organizations.

Some of the workers claim that they applied for money from the trust and were denied. Others said that they received minimal amounts of money from the lawsuit. The workers want to know how denials were decided. Some also suggested that the lawsuit was filed to make attorneys rich and any financial help to the garment workers was minimal. Others claim that their employers never paid them for all of their regular and overtime hours, and they are still owed wages.

Yesterday morning the former garment workers stood with placards in front of the Horiguchi Building where the district court is located. They were joined by children, spouses and worker advocates including Carlito Marquez, Rabby Syed and Ronnie Doca. The former garment workers wanted to present a petition to Judge Munson asking for him to stop the distribution to the charitable organizations, but he was off-island. The petition was signed by over 300 former garment members.

In October 2009 Attorney Bellas announced that the trust fund would send letters to former garment workers to tell them if their applications for funds was approved. From the Saipan Tribune:
Former Superior Court associate judge Timothy H. Bellas yesterday disclosed they are going to start sending letters today to 1,313 former garment workers on Saipan who filed applications to avail of the $600,000 left over from the funds in the settlement of the class action against the garment factories.

In the letters, each worker will be notified whether the application is approved, disapproved, or there is a need for further information, said Bellas who chairs the Garment Workers Trust Fund

Bellas stressed that payments will be made only after U.S. District Court for the NMI chief judge Alex R. Munson approves GWTF's decision.

GWTF made the decision after Bellas and two other board of trustees met in Hawaii last Sept. 25 to review and discuss the almost 1,100 applications.

He said they will notify 44 who requested for medical assistance, 63 for repatriations, and 991 who are denied because they just want living expenses
Just want living expenses? People who live on a minimum wage of less than $5.00 an hour or no longer are employed may need money to live!

In a January 18, 2010 Saipan Tribune article Attorney Bellas explained the distribution:
Several former garment workers have expressed disappointment with the proposed distribution of thousands of money to non-profit organizations. The workers said they received only a small amount when the money should be distributed to them.

Bellas said he tried to explain to the workers individually and by way of a letter to the editor published in the local newspapers, that the two payments to the settlement class members (former garment workers) have been made in accordance with the terms of the settlement agreement.

Bellas said they will not donate funds to people who request for money because of the economic conditions.

“That really isn't the mandate of the purpose of the fund,” Bellas said.

GWTF has been receiving a flood of letters coming from former garment workers who want to avail of the $600,000 intended to assist garment workers who are still on Saipan facing hardships resulting from their former employment.

Massage-Gate: The never-ending saga continues

January 27, 2010

As the story of massage-gate unfolds it seems to be more and more like a soap opera than a real-life incident. The Saipan Tribune reports that the governor's masseuse, Qingmei Cheng, was twice a victim of domestic violence. According to the article her boyfriend, Nasir Uddin, abused her in September and December 2007. In one incident he reportedly tied her up with a rope and another time he reportedly threatened her with a knife. The paper said that the couple has a child.

AG: No CNMI Law Violated
AG Buckingham reportedly told Rep. Benavente that no CNMI laws were violated in the message-gate incident. He did not say whether or not any federal laws were broken.

The jail sounds like it has a revolving door for its prisoners. Reportedly some prisoners have been allowed out to attend funerals and to visit ill family members in the hospital if accompanied by guards. These circumstances seem more reasonable then requesting that a prisoner be released to administer a massage. Especially, considering that there are dozens of other masseuses who were not in prison and could have been hired instead.

Who decides if a prisoner can be released or not? And who pays for the guards and officials to take these trips?

Apparently, CNMI laws are very relaxed regarding the jail's policies and the holding of prisoners. It seems that the release of prisoners may be common place, which may explain why the governor and his supporters don't seem to comprehend the outrage. There are rumors that DOC Commissioner Dolores Aldan allows her prisoner-husband out on weekends, and that he has even been seen around the island. Is this true?! Nothing like a little favoritism to cloud the climate at the jail.

Masseuse Talked About Governor
Qingmei Cheng, the governor's masseuse apparently was proud of having the governor as a client. Some report that the masseuse was frequently at the governor's house:

Those who know her described Cheng as “petite, pretty and voluptuous.”

They said they never saw the governor walked into the spa but the 28-year-old Cheng herself talked about giving massages to the governor every now and then.

“She was proud of it,” a source said.
The Marianas Variety reports that the YuYu Spa charges $25 for a one-hour massage and $5.00 more for a massage off-site.

The article reports that some residents are wondering if DOC Commissioner and three officers who accompanied the prisoner to the governor's house received overtime pay. It may be more interesting to know whether or not the officials actually left their assigned posts at the jail during the time they were "guarding" this one prisoner so the governor could get a massage. Was the security of the remaining prisoners and guards compromised?

Others suggest that the governor's phone records should be examined. Why not also examine the phone records of the prisoner and the commissioner and other officials?

There are so many questions, and so few answers. People are hoping that some light will be shed on this incident on Febraury 17th at the evidentiary hearing. The Variety listed many questions that residents want answered such as: How did the governor learn that the prisoner was in jail? Did she call him? Did he contact her? Did someone else inform him? How long did the massage take? Did she receive pay and/or a tip?

More Letters
The letters to the editor flow in as outrage over massage-gate continues. Dr. Tom Arkle questioned what potential tourists may think of the CNMI. He also questioned the role of the legislators:

Quick note to members of the House: Seven governors have either been forced out or voluntarily stepped down in the last two years after federal authorities exposed “deeds” (some illegal, some just inappropriate) and not a single state legislature has “waited” for an outside agency (the feds) to take any action before acting themselves-except you. The simple appearance of impropriety was enough in every case. Has the cat got your tongue? Or is it just all that “other” dirt that might come out? Do you believe damage to the NMI's worldwide image is unimportant if it originates from within? We must all remember that Fitial and Abramoff are “peas in a pod” (also see below for more “peas”) for over 15 years. Jack has yielded over 500,000 pages of “investigative” testimony in exchange for a lesser sentence during the last three years. (He got five years, 10 months instead of 10). Can't wait to see what all those pages have to say. The CNMI parts-so far-have resulted in eight convictions and 10 “lost” congressional seats. More to come?

Kate Jackson of Saipan wrote:
It is hard to imagine a governor that has no knowledge of the “going-ons” on such a small island. Human smuggling is just one of the reasons we now have federalization. Does he not read the papers? Does anyone dare tell him what he is doing is wrong? Has he not been to Garapan and seen the many many massage parlors there? How did he know who to call if he didn’t know she was in jail? Did he know of her “loitering” in Garapan the night she gave him a massage in early 2008? What about all the other questions that have been raised? Is he that out of touch with reality?

This act occurred Jan. 8. THREE DAYS BEFORE his swearing in for a second term. There is NO WAITING PERIOD for a recall or impeachment!

This action cannot be glossed over. There must be consequences for his action. If Fitial is allowed to get away with this WHAT WILL HE DO NEXT? Will the people allow him to be a law unto himself? The Legislature must take a stand or they will be forever tainted by his actions. The federal government must take stand. To ignore this would thoroughly diminish the laws, the moral and ethical standards by which the rest of us live and are judged by.

Trust and faith must be restored on and at all levels. This travesty can not be swept under the carpet. The pride and dignity of these islands is at stake.
Wrist slapping and plea bargaining not accepted.
Yesterday the Marianas Variety carried the headline, "Supporters Pity Fitial." Several "supporters" claim that there are exceptions to every rule. Sorry, no there are not. Laws should not be broken and officials should not be used to serve elected officials' personal needs.

One person, Jinky Sablan claimed that she would do the same thing if she had back pain.(Good luck on that!)

The comments from readers regarding the article expressed totally unsympathetic sentiments:
Consideration- How one thinks that Fitial actually had a back pain massage? That was just his sole claim to cover up his dirty acts of deception. What do you expect from a specialized prostitute? A back pain massage, really?

If Fitial was really in a disabling state of back pain to a point that he knowingly allowed the release and accepted the service of a federal detainee then he should have disqualified himself as physically incompetent to run for office. If this is what he feels now, incompetence will be too costly for CNMI. He should step down and be the first to rest in the hands of the U.S federal as he had stated.
________________
Hmmm. For every rule there is an exception. You think the CNMI Treasury could issue me a check in the amount of $10 Million, as an exception. And, while you are at it, I'll throw in a couple hundred for Ben's massages!
An outrageous and strange letter from Lee Anderson is a prime example of someone who makes excuses for absolutely inexcusable behavior of elected officials. The letter is an insult to anyone who has the tiniest amount of intelligence or respect for the law. From the letter:
Who is to say Governor Fitial was not in such excruciating torment that he would not have sacrificed everything just to relieve it? Even to allegedly seek the release of a federal detainee from jail, whom he knew in the past and could in the present ease his specific type of suffering-or else? And who among you would wish the worse unto him-if this life-saving therapy wasn't administered-the pain, the possible crippling of body or even death? Don't pretend otherwise if you haven't had spinal stenosis.

And that “abuse of power while in public office” charge? Nonsense. I call it an act by Governor Fitial just to stay alive. In 2006, at the onset of Governor Fitial's first term, when his suffering became too much to bear and he was rushed to an operation in southern California, I contacted my daughter in San Francisco, who is a chief nurse, and she warned me of spinal stenosis' complications-and that he might not make it.
To stay alive the governor needs to take a masseuse from jail for a massage which the writer calls "life-saving" therapy?! Maybe Fitial is too sick to serve.

Then there's this remark in Anderson's letter that attacks the island's Muslim community:
And the implied “breach of national security”? I'm all for protecting our community and islands' borders. Put me at the top of the list to prevent terrorists from (rogue) communist countries to infiltrate by subterfuge, whether it be as incoming tourists or aliens brought in to work on (military) projects, or those alien workers presently on island collaborating inside their secret mosques who could be sleeper agents itching for U.S. green cards. Or, as in the case of the Chinese masseuse in question, being caught with two dozen other infiltrators attempting to illegally enter Guam by boat. If these aliens are found to be extremists, justice should be swift and final
Who is this person? Who questioned national security? Anderson stated: "...or those alien workers presently on island collaborating inside their secret mosques who could be sleeper agents itching for U.S. green cards." What an inappropriate and prejudicial remark. Should people also be afraid that there could be white supremacists or militia threatening security?

The writer also thinks the story is "funny" suggesting:
At worst, it's good for a laugh. The story smacks of a Saturday night live comedy routine or late night talk show fodder meant to sell tickets and increase viewership ratings of the dog-eat-dog competing media to a nation in need of titillation.
What is funny about a governor disgracing the reputation of an island nation and a questionable DOC Commissioner thumbing her nose at policies and procedures?

The writer continues in Siemer-like fashion to put the blame on the governor's opponents:
The tragedy in this entire episode belongs to those who hate the governor's guts. There's the Republican Party attack dogs of failed gubernatorial candidate Heinz Hofschneider-who was trounced twice by Uncle Ben for the governorship in successive elections and once for House speaker years ago; and the once-again inflamed cabal who for years took glee in attacking Governor Fitial's policies now claim moral indignation. They remind me of beasts in rut, having been trampled in the past by the governor, falling all over themselves today seeking any misstep by Uncle Ben to demonize him and wreak their vengeance.

Someone wrote that the fault of massage-gate lay not with the governor's alleged request but with the Department of Correction director's decision to release the detainee. In my opinion this is a miscue by federal officials still unprepared to administer their lawful mandate since Nov. 28, yet are assumed to be in charge of cases like this.

And the push to “recall” Governor Fitial from office? Spare yourself the embarrassment. Now that they have an opening to exploit, however, one absurdity is guaranteed. Leave it to those suckling cynics I mentioned above to spread their bitterness for all the wrong reasons.
Who is Lee Anderson? Is this person a government employee?

"Voluminous Discovery"
The defense attorneys for the human smuggling defendants filed a motion yesterday to extend pre-trial motions in the case of Jian Li and Qingwei Cheng:
Counsel for Defendants JIAN LI and QING MEI CHENG now request a further
extension. Defendants have requested for and received partial discovery in this matter. The discovery received thus far is voluminous and requires adequate time to review and prepare pretrial motions in this case. Additional discovery is forthcoming. Defense counsel seeks and the Government agrees, to an extension of time to file pre-trial motions until February 5, 2010.
Judge Alex Munson granted the motion in this order.

Speaker Tenorio on Abramoff: "Purely Business"
















Jack Abramoff, former Governor Froilan Tenorio at ceremony with President Fidel Ramos in 1996. The trip was billed to the CNMI according to Abramoff-CNMI billing records.

January 24, 2010

Sometimes I wonder if people remember only what they want to remember. Today's Marianas Variety reports that Speaker Froilan Tenorio says that Jack Abramoff deserved the estimated $11 million that the CNMI paid for his lobbying services:
Former Gov. Froilan C. Tenorio, now the speaker of the 17th House of Representatives, reiterated that disgraced Washington lobbyist Jack Abramoff deserved the millions of dollars he received from the CNMI government.

It was Tenorio who hired Abramoff 16 years ago.

From 1994 to 2001, Abramoff’s lobby firms were paid a total of $11 million by the commonwealth to prevent the U.S. Congress from federalizing local immigration.

“For me, he did the job that I hired him to do,” Tenorio said. “He blocked that legislation. He did the job because he had friends in the U.S. Congress.”
What a sickening statement considering that while he was depleting the CNMI coffers to fund this lobbyist, the dump was burning, public schools lacked funding, the infrastructure was strained and crumbling, and labor abuses were escalating.

Tenorio is correct in one thing. Abramoff was paid to block federalization and it was effectively blocked. What he didn't say was how he, Abramoff, Willie Tan, Tan's officer's Benigno Fitial and Eloy Inos, former AG Robert Dunlap, former PIO Mark Broadhurt, and others in his administration conspired with corrupt U.S. officials to use lies, manipulation of the truth and propaganda to achieve their goals. Their campaign that denied the existence of labor and human rights abuses and promoted a corrupt system perpetuated the abuses to the detriment of thousands of innocent guest workers.

The Variety quoted Tenorio:
Unlike Gov. Benigno R. Fitial who referred to Abramoff as his “close friend,” Tenorio said his dealings with the lobbyist were purely business, adding that he didn’t socialize with him.
Purely business! Didn't socialize? Seriously, does this man lack a memory? What about the October 1997 trip former Governor Froilan Tenorio took to the Mississippi Choctow tribe? And then there was the little perk of the Redskins game in Abramoff's skybox. Purely business, I'm sure.

How about the time that Abramoff arranged for former Governor Froilan Tenorio to trip over to the Philippines with him in December 1996? He went to get an "American Hero Award" from Abramoff's friend, Major F. Andy Messing, Jr., president of the Defense Council Foundation. According to 45 entries in the 1996 CNMI-Abramoff billing records, Abramoff arranged for the award to be given to the governor at the same time one was presented to Philippine President Ramos. Another Abramoff pal, Dr. Milton Copulus, the foundation chairman and a CNMI junket-taker, presented the awards. This was just one publicity stunt that was billed to the CNMI government. Purely business. Cha-ching!

Maybe Tenorio called it "business" because the CNMI government was billed for every one of the Abramoff-Tenorio events including the infamous New Year's Eve party with former Rep. Tom Delay(R-TX) and Rep. Dana Rohrabacher(R-CA) that was covered by ABC's 20-20.

What about the time former Governor Froilan Tenorio traveled to Hollywood to hang with his friend, Rep. Rohrabacher and Abramoff? Jack Abramoff was on island with Tenorio for a week before they headed to Hollywood. Strictly business, I'm sure.

Background
In 1995 Jack Abramoff was working as a lobbyist for Preston Gates Ellis Rouvelas and Meeds when he was hired by the CNMI government and then Governor Froilan Tenorio to block federalization of the minimum wage and immigration laws. The CNMI wanted to retain its local labor and immigration system that filled the pockets of a few powerful business owners and politicians at the expense of thousands of foreign contract workers.

Abramoff's lobbying plan was outlined in his pitch letter to former Governor Tenorio. He had several key strategies that he used to block reform legislation in the CNMI. They focused on denouncing advocates and truthful media (with outright lies), attacking or minimizing the abuse of victims (at a great expense to them), and promoting the CNMI's guest worker program as a model that exemplified all that was right with the free market system (another big lie). They worked against those fighting for reform of the dysfunctional CNMI labor and immigration system that promoted labor and human rights abuses, human trafficking with forced prostitution, and sweatshops. The Abramoff-CNMI army of federalization fighters consisted of members of congress, staffers, think tank followers and loyal media-types he lured to promote the agenda. They were rewarded with campaign donations, trips, positions, gifts, and money.

Congressman Dana Rohrabacher (R-CA) became an outspoken propagandist for Abramoff's CNMI plan. If other congressmen were foot soldiers for Abramoff, then Rohrabacher was a five star general in the army of corrupt co-conspirators. Abramoff lined up his troops in Congress to defend his new client, the CNMI government. They included: Dana Rohrabacher (R-CA), John Doolittle (R-CA), Bob Schaffer (R-CO), Tom Delay (R-TX), Ralph Hall (R-TX), Brian Bilbray (R-CA), Richard Pombo (R-CA), and Don Young (R-Alaska). Some of their staffers would later join the Abramoff lobbying team including Duane Gibson, Counsel for the House Resources Committee; Tony Rudy former congressional staffer for Dana Rohrabacher and Tom Delay; Kevin Ring, former staffer for John Doolittle, and Michael Scanlon, former staffer of Tom Delay.

Washington Meetings
In March 1996 Abramoff arranged for then CNMI Governor Froilan Tenorio and some of his key staff to connect with "his friends" in Washington, DC. The lobbyist set up meetings and dinners for them to hobnob with members of Congress and representatives from right-ring think tanks. Members of Congress like Dana Rohrabacher. The island delegation portrayed the CNMI as a "petri dish of capitalism", a “laboratory of liberty", and a "free market paradise." (Tenorio's attorney, Doug Muir claimed that he was the one who actually suggested those clever names.) They asked for help in promoting it as such to shift focus from well-documented, and much publicized labor and human rights abuses.

Following the Washington meetings, Abramoff''s think tank soldiers started pumping out propaganda in major newspapers like The Washington Times. The Abramoff Congressional soldiers, like Rohrabacher, spread the word in Congress and recruited more supporters. In July 1996 Abramoff sent a fax to Governor Tenorio that stated Rohrabacher's role in the scheme:
As a consequence of the postponement [of the hearing] we do not need to schedule a telephone call with Congressmen Royce and Rohrabacher for this week, rather, perhaps you and I could discuss the overall strategy and approach for Congressional hearings for the fall when I am in Saipan next week. After we set out strategy, we can move to get the discussion going with Congressmen Royce and Rohrabacher.

On a related note, Congressman Rohrabacher confirmed to me today he intends to bring a group of Congressmen to the CNMI in late December. I will discuss this with you next week, however, it is clear that word is spreading fast among the free market conservatives that the CNMI is a "laboratory of liberty."
Rohrabacher would lead the troops in portraying the CNMI as a "little experiment". As a result, the exploitative system that flourished at the expense of the foreign contract workers would continue without federal interference. It was an experiment for sure. An experiment in how long the federal government could be deceived, and how long they would ignore their responsibility to institute change.

1996 GOP Convention
Jack Abramoff, his loyal members of Congress, CNMI officials, right-wing think tank representatives, and garment magnates did not just connect in Washington and in the CNMI. The 1996 Republican Convention held in San Diego, California from August 12th to the 15th was another gathering place where friendships would be forged and seeds would be sown. Abramoff hosted Saipan garment magnate Willie Tan, his company executive, Benigno Fitial (former speaker of the CNMI House and present governor), and another Tan executive, Eloy Inos (current Secretary of Finance) at the convention. Willie Tan, owner of Tan Holdings also was an Abramoff client, and he was a labor violator. He was charged with the largest labor settlement with the U.S. Dept. of Labor in U.S. history. paying $9 million in back wages to cheated workers. He also paid $76,000 in OSHA violations and pledged $1.3 million in factory renovations. Over the years many more labor cases would be filed against the company, including a case filed against Tan Holdings by the EEOC.

It appears that the three CNMI visitors had a busy schedule at the GOP convention. Abramoff billed the CNMI for five days of meetings, meals, introductions to conservative members of Congress, and parties. Strategies were developed including plans to recruit still more potential CNMI-backers for junkets to the CNMI. From the billing records:
8/10/96 PP [Patrick Pizella] 2.70 Dinner meeting with W. Tan, E. Inos and B. Fitial re: CNMI issues—minimum wage , immigration and upcoming congressional elections and CNMI legislation; discussion re: upcoming trips of journalists and think tank representatives to CNMI and visits to Tan Holdings factory.
8/11/96 PP [Patrick Pizella] 4:30 Participate in event sponsored by Sen. Santorum's “FIGHT PAC” with W. Tan, E. Inos, B. Fitial and Senator Jim Jeffords (R-VT); follow-up luncheon/discussion with staff director of Senate Energy committee- G. Renkes; introduction of B. Fitial to Cong. Dan Burton (R-IN).
8/13/96 JA [Jack Abramoff] 4.00 Meetings at the Republican National Convention regarding Congressional Conservative Movement and Republican Party support for CNMI
8/13/96 JB [ Jonathan Blank ] 8:00 Meet with Saipan officials.
8/14/96 JA [Jack Abramoff] 4.00 Meetings at the Republican National Convention regarding Congressional Conservative Movement and Republican party support for CNMI
8/14/96 JA [Jack Abramoff] 8:00 Meet with Saipan officials.
8/15/96 JB [ Jonathan Blank ] 8:00 Meet with Saipan officials.
In exchange for all of the opportunities to network and gather support, John Pangelinian, Publisher of the Tan owned newspaper, The Saipan Tribune, made two $5,000 contributions to Santorum's Fight PAC in August 2006.

Another Abramoff and Rohrabacher friend at the GOP Convention who would become an essential thread in the scandal was Rabbi David Lapin. He gave the benediction at the convention's Tuesday night session. Dana Rohrabacher referred to Lapin as "my rabbi." Abramoff would help Lapin land a $1.2 million no-bid contract from Governor Froilan Tenorio to promote "ethics in government." More troubling is that here is no evidence that Lapin ever produced anything to earn the money according to the New York Times.

The strategy of connecting the CNMI trio with the Republican Conservative Movement was also mentioned in the billing records. One of the conservative groups pushing their values agenda at the convention was the Christian Coalition led by another long-time Abramoff friend, Executive Director, Ralph Reed. He too would become a friend of the CNMI. The Washington Post relates that in 1999 Reed's firm sent out a mailer to Alabama Christian conservatives asking them to call then-Rep. Bob Riley (R-Ala.) and tell him to vote against legislation that would have federalized the CNMI's federal wage and immigration laws.

Representing the religious right at the convention was another Abramoff-Rohrabacher friend, Lou Sheldon. He heads the Traditional Values Coalition, which has recently been labeled as a hate group by the Southern Law Poverty Center. Sheldon and his daughter Andrea Sheldon Lafferty, would become prominent defenders of the CNMI agenda taking junkets, trashing advocates and victims, and planting favorable press releases for Abramoff.

Let's not forget Abramoff-Rohrabacher friend, Grover Norquist of the Heritage Foundation and Americans for Tax Reform who sat on the 1996 Republican Platform Committee. Both groups would send representatives on CNMI junkets and both groups would join the troops to uphold the CNMI agenda. Heritage Foundation's Daniel Mitchell wrote a piece for the Washington Times, "The Modern Siege of Saipan" while Americans for Tax Reform's Executive Director Audrey Helen Mullen led a five member delegation of conservative think tank representatives on a November 1996 junket to the CNMI. Mullen's praise followed the strategy and like the other recruits, she parroted the buzz words:
"Governor Tenorio's support and leadership in carrying out these reforms should make him a hero to all those who advocate free markets."
At $275 - $360 per hour the CNMI taxpayers paid over $10,000 for the CNMI garment executives to network with Abramoff, his favored conservative groups, and congressional pals while partying, dining, and attend strategy meetings. The cost is especially obscene when one considers that the island's infrastructure was crumbling as millions were drained from the government coffers to pay for lobbyists.

Junkets to the CNMI
What better way to build support than to take co-conspirators and potential recruits on all-expenses paid trips to the Northern Marianas? The Abramoff junkets started in 1995 when Froilan Tenorio was governor. Travelers were treated to a tropical stay at the luxurious beach-side Hyatt. After attending a few meetings and taking the tour of the sanitized Tan garment factory, the visitors would have opportunities to golf, snorkel, tour the island, and party. Abramoff arranged over 100 such trips to the CNMI under the guise of "fact-finding" missions. Dana Rohrabacher was one of the U.S. congressmen to accept a junket to Saipan as this December 1996 email to the governor's administrative officer, Herman Guerrero, details:
I look forward to seeing you when I return with the Congressmen at the end of the month. I hope you will have some time to meet some of them for dinner or lunch. I think you will find them extraordinary people and (especially Rohrabacher) a lot of fun. Thanks again. Kindest regards, Jack
According to reports, Rohrabacher didn't disappoint; he was indeed fun. On December 29, 1996 Rohrabacher and his fiancée, Rhoda joined Tom Delay(R-TX), John Duncan (R-TN), Brian Billbray (R-CA), Ralph Hall (R-TX), the members' wives and some Congressional staffers for a holiday jaunt to Saipan. They celebrated the New Year with Governor Froilan Tenorio and some big wigs affiliated with the garment industry at a party hosted by Willie Tan. One person who attended a New Year’s Eve Party alleged that Rohrabacher was roaring drunk and people worried that he would fall into the pool.

Purely business, I'm sure.

The media was blocked from attending the party as this January 5, 1997 Marianas Variety article detailed:
Despite the significance of Delay's visit, the Office of the Governor's public information and protocol office (PIPO) imposed a "no media allowed" policy and local reporters who managed to get into one of the congressman's "closed door" meetings were told to leave as a Variety reporter found out.
However not all reporters we "kept out."
After informing the Variety that members of the media were not allowed to cover a Tan Holdings dinner reception for Delay last December 28, PIPIO apparently exempted a reporter of a newspaper owned by the garment magnate, Willy Tan from the "gag rule."
The Variety was also told that the press was not allowed to tag along Delay during his meetings with the Labor and Immigration Department, garment manufacturers and garment workers.
But the New Year's Eve party was documented by a human rights advocate posing as a garment buyer who filmed it undercover catching Tom Delay's speech which, of course, praised the CNMI and Governor Tenorio, as CNN reported:
"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."
Inside Edition, and ABC's 20/20 would air scathing exposes revealing the questionable junkets, adding to an avalanche of media stories that covered both the trips and the labor abuses. The junkets were intended to get the travelers to diffuse the issue of human trafficking and labor and human rights abuses, but they just highlighted them. More and more federal officials, advocates, journalists, and citizens began questioning the ethics and legality of the trips, and began examining the situation in the CNMI.

My differences with Rohrabacher were exposed in a February 1997 Washington Post article:
Explaining why he made the trip, Rohrabacher said on his return, "There are a lot of Pacific issues that are important to my district. I border right on the ocean."
He and other visiting members of Congress praised the CNMI's approach to immigration and its "business-friendly" atmosphere. They "met lots of guest workers," including three young Chinese women at a garment factory barracks, and "all seemed to be very happy," Rohrabacher said.
Despite the local government's claims to have cracked down, a department official said, "there are still widespread abuses of overseas contract workers in the CNMI," notably in the garment industry. The factories use the commonwealth to produce clothes that carry "Made in U.S.A." labels and are shipped to the U.S. market without customs duties or quotas.
Wendy Doromal, a schoolteacher who was forced to flee the islands amid death threats after she exposed labor and human rights abuses against guest workers there, warned in a letter to Clinton last month that letting the CNMI keep control of immigration and the minimum wage would be "a dangerous mistake." She called for a stronger federal presence.
"How can we, as Americans who denounce human rights abuses all over the world, remain silent when such human rights abuses are occurring on our own soil?" she asked.
Undaunted, the CNMI plans to invite dozens more members of Congress out to the islands this year and to shift its focus to the Senate. Broadhurst said.
The 1996 junket raised serious concerns. I wanted to know who funded the trip, suspecting that Willy Tan or Abramoff’s lobbying team from the Preston Gates firm paid for the junkets. An email sent to Jack Abramoff from then Governor Tenorio's administrative assistant, Herman Guerrero revealed there were questions about the travelers' expenses. Another email from a Preston Gates travel agent states that Abramoff used his credit card to pay for the trips. I sent a certified return receipt letter to Rohrabacher on January 8, 1997 asking for answers. He did not respond.

I also sent letters to the other junket participants including Dick Armey (R-TX), Phil Crane (R-IL), Tom Delay (R-TX), Brian Billbray (R-CA), Gil Gutknecht, Jr. (R-WI), and John Duncan (R-CA). John Duncan was one of the few members of Congress who replied. He sent this revealing letter to me. I was amazed by these lines from the congressman:
I went to the Northern Marianas primarily because I am on the Resources Committee, which has jurisdiction over U.S. Territories, and also because I had doubts about this delegate issue. I felt this trip would be an opportunity for me to learn more about this area.

AIso, I went at the request of Rep. Dana Rohrabacher, of California, with whom I came to Congress several years ago. He is a close friend of mine, and he has done things for me, and I did this in part for him.
Yes, Dana Rohrabacher was a good recruiter. Interesting, but still I had no answer to my questions so I also sent a letter to the House Ethics Committee's Chair, Congresswoman Nancy Johnson. It was ignored. I also sent a letter to House Office of the Clerk as instructed in a letter I received from Dick Army. I sent a letter to the Legislative Resource Center as directed by another letter I received from the Office of the General Counsel. It said in part:
The Freedom of Information Act applies only to agencies of the United States as defined therein. The Congress is specifically excluded from the definition of an agency. 5 U.S.C. 55 1a( 1). The reasons for this exclusion of Congress from the Act include issues of separation of powers and constitutional immunities of Congress from outside questioning and interference.
Accordingly, Representative Gutknecht is not subject to the Freedom of lnformation Act. However, his office has asked me to make you aware that much of the information you seek may be available from the Legislative Resource Center of the House of Representatives.
I never did receive answers to the questions that I had sent, but it appears from Abramoff's billing records that it was the CNMI taxpayers who paid for the trips. Apparently Speaker Tenorio thinks it was money well spent. Golfing, jet-skiing, para-sailing are all activities that are purely business, I'm sure.

At least one Republican congressman refused to go on a junket. Rep. William J. Tauzin (R-LA) decided not to go. The Marianas Variety covered the story in February 1998:
Tauzin's press secretary, Ken Johnson, told the New York Times that previous "fact-finding" trips by congressional staff members did not actually give them a picture of what's really happening in the CNMI. Johnson said staff members who had come to the commonwealth upon invitation of the local government, "were shielded from seeing and talking to people who would be able to shed light on what is happening" in the islands.
"You're going to see what they want you to see," Johnson was quoted as saying. "You can't make a decision here in Washington that affects the Northern Marianas with your head stuck in the sand."
That statement said what I had been saying about the CNMI junkets - that those who accepted the trips would see what the Abramoff-CNMI-Tenorio team wanted them to see.

But someone would nail it as far as the junkets and junket-takers. In October 1997, Rep. George Miller (D-CA) sent a letter to the editor of The Washington Post.
Where on American soil would congressional leaders excuse policies that exploit thousands of women except in the most remote territory in the Western Pacific, the U.S. Commonwealth of the Northern Mariana Islands? ("Northern Marianas: Not a Workers' Paradise," October 14, 1997) Republicans leaders like Dick Armey, Tom Delay and Dana Rohrabacher dismiss widespread evidence of worker mistreatment by asserting that the employees in the Marianas are treated better than had they remained in China and other underdeveloped nations that, unlike the Marianas, are not part of the United States. That is a novel and horrifying definition of what constitutes acceptable labor practices.
Despite highly credible reports of widespread and continuing abuses in the Marianas' garment industry -- from the Clinton Administration, the local and international media, numerous human rights and labor rights organizations, the House Resources Committee staff among others Gov. Tenorio blusters his defense of his current policies and House Republicans have refused to conduct even a preliminary hearing on the scandal.
Instead of investing in enhanced labor and civil rights enforcement, Tenorio has spent far in excess of a million dollars in his junket campaign to bring Members of Congress and their staffs to the Marianas and by hiring high-priced Washington lobbyists to cuddle up to his apologists in Congress, How much he has spent will surely be a key topic whenever hearings are finally scheduled.
No member of Congress would tolerate in his or her own congressional district a fraction of the abuse reported in the CNMI. whether it was good for economic development or not, and congratulations are due GOP senator Murkowski for saying so. Gov. Tenorio has spit in the eye of the Congress, and Republican leaders are thanking him for it and providing him political cover while citing his "economic miracle" to promote their own crusade against the minimum wage and other labor safeguards.
CNMI-Hollywood Connections
On February 9, 1997, Governor Froilan Tenorio joined his n"business partners" Dana Rohrabacher and Jack Abramoff in Hollywood to speak before the Associated Film Commissioners International to announce the opening of a film office in the CNMI. Billing records indicate that Abramoff arranged the trip and traveled to Los Angeles to join the festivities:
02/09/97 JA 8.00 ' Travel to L. A. reception for Governor
Tenorio
An article in the February 11, 1997 Marianas Variety reported:
While in Los Angeles, the governor on Saturday was given a dinner reception by Congressman Dana Rohrabacher (R-California).
Rohrabacher, who recently visited the CNMI, helped Tenorio arrange meetings with Hollywood producers, Broadhurst said.
What the article did not say is that this was all done on taxpayers' dollars and Abramoff billed the CNMI for 8 hours. Cha-ching.

More Trips To Washington
In March 1997, Governor Tenorio, his wife, and CNMI officials Brenda Tenorio and David Ecret took another trip to Washington on taxpayer's dollars. On March 5, 1997 Dana Rohrabacher held a reception for them in the Rayburn Building. Grover Norquist of Americans also treated the group to a reception for Tax Reform.

In October 1997 Tenorio traveled again to meet with Abramoff's army in the Congress including former Rep. Newt Gingrich (R-GA), Don Young (R-Alaska), former Rep. Tom Delay (R-TX), former Rep. Dick Army (R-TX), the late Rep. Jesse Helms (R-NC), and, of course, Rep. Dana Rohrabacher. During this trip Abramoff arranged for Governor Tenorio, his wife, David Ecret (the governor's special assistant for telecommunications and utilities) and the rest of his party to travel to Mississippi to meet with the Choctaw Indians. Billing records indicate that they were in Mississippi for three days.

Once back in Baltimore/Washington, billing records indicate the trip including attending "a game" where the CNMI visitors were "introduced to guests." (Red Skins vs. Dallas Cowboys)

Purely business, I'm sure.

Manipulating the Media
One of the A-team's strategies in defending the CNMI's dysfunctional labor and immigration system was to plant stories in major newspapers and periodicals portraying the CNMI's guest worker program as a model that should be hands off for federal intervention. Some of newspaper columnists and writers bribed by junkets to write positive articles included: Doug Bandow from the Cato Institute, Don Feder a conservative columnist, L. Brent Bozell, Chairman of the Media Research Center, Marlo Lewis of Competitive Enterprise Institute, Daniel Mitchell of the Heritage Institute, Peter Flaherty, President of the National Legal and Policy Center, Helle Bering-Jensen, deputy editor of the editorial page of the Washington Times, Clint Bolick of the Institute for Justice, and David Dickson for the Washington Times.

Doug Bandow from the Cato Institute and Peter Ferrara from Americans for Tax Reform were accused of taking payments from lobbyist Jack Abramoff in exchange for pro-CNMI op-ed stories that ran in the Washington Times and other papers. Clint Bolick wrote pro-CNMI pieces for the Wall Street Journal and Human Events. Helle Bering-Jensen, deputy editorial page editor of the Washington Times returned from Saipan and wrote a positive editorial as did David Dickson. I actually called the Washington Times and talked to one of the junket-takers in 1997 asking them if they would like documentation, reports and correspondence from guest workers to show another side of the CNMI. He was not interested.

It has been suggested that CNMI columnists Charles Reyes and John DelRosario may have been paid for their regular anti-Stayman, anti-federalization, anti-advocate columns too. (In fact Charles Reyes, who was the PIO for Governor Fitial, is mentioned in the billing records.)

Another person who wrote often and spoke often on behalf of the CNMI was not a journalist or member of a think-tank, but was Congressman Dana Rohrabacher. The former Reagan speechwriter wrote letters to the editor, newspaper articles, floor speeches, and "Dear Colleague" letters to support the agenda of Governor Tenorio and defend his pal Jack Abramoff.

The Tenorio Administration and Jack Abramoff went over the deep end when they learned that Reader’s Digest was interviewing me for a story on the abuses in the CNMI. The story threatened to bring world-wide attention to the abuses happening under the U.S. flag. The author, Henry Hurt traveled to Florida to interview me and to the CNMI to conduct extensive interviews with guest workers, advocates, and CNMI and US officials. The story, Shame on American Soil was to be published in June 1997, but billing records show that Abramoff had a pal working within the Digest and received an advance copy.

The lobbyist joined the CNMI government in a strategy to denounce the advocates, defame the author, and minimize or deny the abuses of the victims. They were so obsessed with the story that billing records for 1997 show that the lobbying firm billed for hundreds of hours in damage control for that one story costing the CNMI taxpayers tens of thousands of dollars. It would have been more cost effective to do the right thing and stop the problem instead of always focusing on damage control.

Congressman Rohrabacher had a prominent role in leading the Reader's Digest attack. The Washington Times printed the entire Reader's Digest story on June 20, 1997. Soon afterwards Congressman Rohrabacher sent a letter to the editor denouncing the article and claiming that “The Northern Marianas are a land of opportunity.” Among his lies were these words:
It [Readers Digest story] paints a hideously false picture of the general situation there.
Rohrabacher, Tenorio and Abramoff were wrong to support a corrupt system that regards indentured guest workers as disposable commodities, rather than as future citizens. Federalization was not just a political issue; it was a moral issue.

I responded to the Congressman's letter with a letter to the editor that was published on July 19, 1997. My remarks included these:
More than 100 congressional staffers, members of Congress, think-tank members and media personnel have enjoyed trips to the CNMI since 1996. Almost all of them were paid for by the CNMI government with mystery funds that have not been appropriated by the CNMI legislature. In fact, the CNMI government has not released information about the origin of the funds.
Mr. Rohrabacher, one of those who participated in a trip, appears to be a victim of hideous distortion –a whitewash by the CNMI government. He claims, “The key to success has been a rejection of dependency on handouts from Washington and an emphasis on encouraging enterprise.”

The commonwealth has received more than $1 billion from the federal government since 1975 when the covenant was approved. Surely this cannot be seen as a rejection of Washington dollars. The CNMI economy is based on the exploitation of foreign contract workers who make up a majority of the population in the CNMI, pay taxes and cannot vote or serve on juries. While a majority of locals with power and money benefit financially, the unemployment rate of the local population is 14 percent.

Mr. Rohrabacher claims that thousands of foreign contract workers return to their homelands with a couple thousand dollars in their pockets. I would like to see documentation of this ridiculous claim. For the decade I spent in the islands, I witnessed thousands of workers struggling as indentured servants trying to cope with the deductions taken from their pay for recruitment fees. I met few who returned home with even a small amount of money and far more who returned destitute and with broken dreams…

Hundred of foreign contract workers who left their homelands and families for an opportunity to witness democracy and partake in the American dream have become victims on US soil this year alone. The abuses taking place in the CNMI are a disgrace to all Americans, the democratic and humanitarian beliefs that we cherish, and to all that America represents.
Rohrabacher responded with another letter on July 29, 1997. I considered the letter’s closing as a personal attack on me:
I appreciate that Miss Doromal may well have a good heart. But if she doesn’t get her benevolence under control, she might hurt somebody.
It was not me who would be responsible for hurting anyone. It was Abramoff and his anti-federalization army including Tenorio and Rohrabacher who would inflict major harm on the guest workers of the CNMI. By effectively blocking legislation, they perpetuated the abuses and suffering of many workers for years and years and for additional new workers who could have been spared had legislation passed. Corruption bears a human cost. It bears a financial cost for taxpayers. It bears a moral cost for our country. Of course, it was purely business, according to Tenorio.

Dear Colleague Letters
The Abramoff–Tenorio-CNMI team hired the Hay Group to issue a bogus economic study to prove that increasing the minimum wage would have “a devastating effect on the CNMI economy.” In September 1996, Tenorio contracted the Hay Group under a sole source contract paying them $178,000.00 to write the report. The "findings” were then promoted like it was an independent research study. Billing records show that Abramoff team consulted with Hay group officials dozens of times in 1996.

Dana Rohrabacher joined fellow junket-taker and Abramoff soldier, Ralph Hall (R-TX) to promote the spurious Hay report. They sent a Dear Colleague Letter denouncing "federal interference" in the CNMI's minimum wage and immigration issues. The letter was untruthful as this paragraph illustrates:
In the interest of sharing unbiased data with our colleagues who may have to make decisions affecting all the people of the CNMI we are providing you a copy of the executive summary of the Hay Group report. Their analysis shows that, not, only will raising the minimum wage cause real harm to the local economy, "it will not accomplish the economic and social objectives which proponents of minimum wage increases in the CNMI claim will occur."
As billings records show, the CNMI taxpayers paid tens of thousands of dollars for Abramoff team meetings with the Hay Group to prepare the report and the media reports announcing its release. It was a sham. It was part of the lobbying strategy that inflicted harm upon the foreign contract workers and the local people who earned the minimum wage, which was $3.05 an hour.

Floor Speeches
In September 1997, Rohrabacher made a speech on the floor of the U.S. House denouncing the words of Representatives George Miller (D-CA), Patsy Mink (D-HI) and Rosa DeLauro (D-CT) who told the truth about the situation in the islands. They condemned the abuses and backed legislative reform. Billing records indicate that the Abramoff team worked on Rohrabacher's remarks. Rohrabacher ranted against Miller saying:
Wednesday evening, my colleague from California, Mr. Miller, resumed his nonstop, politically driven attack on the government and people of the Commonwealth of the Northern Mariana Islands. The gentleman’s remarks and accusations, along with those of Mrs. Mink and Ms. DeLauro are simply untrue and need to be clarified.
He continued to rage against the Reader's Digest and a recent Inside Edition story that also exposed unforgivable abuses. The most shameful part of his speech was his statement about “Katrina”, a 16-year-old human trafficking victim who was turned into a sex-slave when she was 14. She was repeatedly sexually abused in a sleazy Saipan club. Rohrabacher said:
I would like to address one final concern raised by my friend in Hawaii, Mrs. Mink. It is in regards to the 16-year-old girl in Hawaii now awaiting resolution of her complaint against a Filipino nightclub owner who hired her to dance nude in his club. Sadly, stories like these are reported all too often in the media today. Incidentally, the Washington Post just ran a similar story in its late August about a Virginia man who pleaded guilty to the importation of teen prostitutes from Canada to work in the streets of our nation's Capital. Stories like these put the situation in the CNMI into perspective.
Minimizing the devastation of a girl recruited at age 14 to work as a waitress and then was forced to dance nude and perform lewd sex acts on stage is despicable. The CNMI sex trafficking trade is huge when comparing the population of the CNMI to other countries including the United States. The U.S. Department of Justice declared the CNMI as a sex trafficking hot spot in May 2008. We owe that growth in part to obstructionists like Rohrabacher, Tenorio and Abramoff. They can also be credited with contributing to perpetuating the suffering of innocent minors and women.

I know "Katrina" personally and helped to fight for her to get asylum. Thanks should be given to U.S. Labor Attorney Faye Von Wrangel (a true hero), the late Rep. Patsy Mink (D-HI), Senator Daniel Akaka(D-HI), and Rep. George Miller(D-CA) for fighting for this child to obtain asylum and a chance to provide an opportunity for her to erase her American nightmare.

My Filipino husband translated for this child when she testified at the U.S. Senate hearing in March 1998. He said it was one of the hardest things he ever did in his life. To hear the words of a child from his country who suffered horrific abuses on U.S. soil, and then was mocked by members of the U.S. Congress was shocking and heart breaking. Her story was also dismissed and minimized by lobbyists, the governor of the CNMI, and in planted media stories in the CNMI. They should read her written testimony and explain how they could minimize her abuses that were suffered on U.S. soil.

"Katrinia" took the "V.I.P. list" from that club when she left. It is a list of names of the club's regular customers with their phone numbers. We crosschecked the numbers to identify the customers when last names were omitted. We found that many of the phone numbers were CNMI government offices, as many of club's customers were high level CNMI officials.

On February 8, 2007, I attended the Senate Energy and Natural Resources Committee Hearing concerning immigration issues in CNMI. I was struck as Kyleen, a young Filipina woman, testified that she was a victim of human trafficking for Saipan’s sex trade. Her heart-wrenching testimony reminded me of another testimony from the 1998 Senate Hearing. At that hearing, a young 16-year-old Filipina girl, "Katrina", testified to the same horrific story. Would Kyleen have been testifying if Congress had acted then? Would "Katrina" have been testifying if Congress had acted in 1995 when I testified to the same story on behalf of dozens of other trafficked young women?

So yes, Speaker Tenorio is correct. The millions spent on hiring Jack Abramoff to block federalization did effectively block it. Why on earth would anyone want to brag about that?