Villagomez Jury Selection Debate

November 29, 2010

Someone who commented on a previous post asked for a copy of the memorandum issued last week concerning exclusion of family members and the public during the Villagomez-Santos Rydlyme trial jury selection.  Former Lt. Governor Timothy Villagomez, his sister Joaquina Santos and brother-in-law James Santos are appealing their guilty verdict.  All three are serving prison sentences in the mainland.  They are appealing to reverse their conviction on the basis that their constitutional rights were violated because the public was excluded from the jury selection.

Visiting Judge Mark Bennett conducted the evidentiary hearing on November 9 and 10th  in the U.S. District Court of the NMI to settle the record of the trial. The memorandum states that the judge is the "finder of facts" and it will be the U.S. Court of Appeals for the Ninth Circuit that will decide whether or not to proceed with the defendants' appeal.

Here is the 44-page memorandum that was issued on November 24, 2010:



I found this memorandum confusing and ambiguous, perhaps because the question of whether the public was or was not allowed into the courtroom during jury selection depended on the available space rather than a rule or policy not to allow the public to enter. Additionally, it seems that if this was indeed a concern, then the defendants' attorneys would have and should have immediately raised the issue with Judge Munson during the selection of the jury, rather then bring it up only after a guilty verdict was issued.

Some of the interesting points and statements follow:
  • I am satisfied that whatever the applicable burden of proof may be to show what truly occurred in the district court, that burden rests on the defendants here, as they are the parties asserting that the trial record does not disclose that jury selection was, in fact, closed to the public.
  • There were so many prospective jurors that what I have identified as the courtroom foyer was used as a secure jury assembly area from which the public was excluded. Although Chief Judge Munson did not recall whether extra chairs had to be brought into the courtroom to accommodate all of the prospective jurors, see RTTD1 at 41, I can readily find, by overwhelming evidence, that numerous additional chairs had to be brought into the courtroom to accommodate all of the prospective jurors. See, e.g., RTTD1 at 53 (testimony of Deputy Calvert). I also find, by overwhelming evidence, that the prospective jurors at least initially filled the courtroom to capacity, leaving no seats for members of the public. Indeed, there is no possible way that this courtroom would have had room for any members of the public in addition to 91 prospective jurors, with court personnel and defense and prosecution staff, even with extra chairs in all reasonably available spaces.
  • Chief Judge Munson testified, in part, as follows: "I assumed the public was also in the courtroom at all stages. Maybe everybody that wanted to come in, there wasn’t room for, but there was no exclusion of the public [from] the courtroom."
  • Finally, I turn to the questions of whether and why no objection was made at the time to the purported closure of the courtroom to members of the public and family members during jury selection in this case. To be clear, I now believe that it is for the Ninth Circuit Court of Appeals to determine whether or not the out-of-circuit decisions in United States v. Hillsberg, 812 F.2d 328 (7th Cir.), cert. denied, 481 U.S. 1041 (1987), and Anthony v. United States, 667 F.2d 870 (10th Cir. 1981), upon which I had originally relied, stand for the proposition that belated assertion of a claim of closure of the courtroom during jury selection, when the circumstances on which that claim was based were known or should have been known to the appellant at the time of trial, bar supplementation of the record concerning the claim pursuant to Rule 10(e). I also believe that it is for the Ninth Circuit Court of Appeals to decide whether or not to adopt such a rule. Thus, I again confine myself to the role of factfinder, attempting to settle the record as to whether and why no objection was made at the time to the purported closure of the courtroom to members of the public and family members during jury selection in this case.
  • I find that the defendants themselves should have known at the time about the exclusion of family members from the courtroom during jury selection, but I cannot find that the defense attorneys also should have known at the time. It certainly seems likely to me that the defendants complained to their attorneys that their family members were not being allowed to enter the courthouse or the courtroom during jury selection, but no evidence was produced in the Rule 10(e) proceedings that showed they communicated such concerns to their attorneys.

Gibney on DeLay's CNMI Connection

November 29, 2010

Alex Gibney expressed disappointment that Casino Jack and the United States of Money didn't make the short list for documentaries nominated for an Oscar. Still Gibney's documentary, Client 9: The Rise and Fall of Eliot Spitzer did make the list, and may be one of the five films that is nominated.

From The Washington Post (emphasis added):
Gibney admits that he was disappointed that his Abramoff documentary didn't make the cut. Still, he got some good news when former House majority leader and close Abramoff associate Tom DeLay was convicted of money laundering on Nov. 24.

"I know that the Texas prosecutors watched the film with great interest," Gibney says of "Casino Jack and the United States of Money." He also notes that DeLay's activities relating to Abramoff's clients on the Mariana Islands, which figure prominently in the film, could come into play during sentencing. Even during Oscar season, rewards don't always come in the form of little gold men.
Tom DeLay is scheduled to be sentenced on December 20, 2010.

You can purchase Casino Jack and the United States of Money from Amazon.com.

Wikileaks: Crossing the Line?

November 28, 2010

Does anyone else (besides a few members of the U.S. Congress) think the Wikileaks guy, Julian Assange, could be out of line? I totally support freedom of speech, but is publication of sensitive classified government documents freedom of speech or theft? It seems that there should be a balance of sorts. I mean would we be happy if our social security and bank account numbers were published? Should nuclear secrets or battle plans also be published? How does publishing confidential diplomatic communications serve anyone? Isn't there a line that shouldn't be crossed?

  Assange leaked over 250,000 diplomatic cables that some claim will cause a world-wide diplomatic crisis for the United States.  John Hayward from Human Events said:
"The effect of the WikiLeaks vandalism is to destabilize the governments on the other end of these diplomatic cables. The American government may suffer a degree of embarrassment, and a pinch of spice may be added to domestic political debates... but in some of these foreign nations, the information published by WikiLeaks could cause serious, even violent, unrest. This works to the advantage of al-Qaeda and the Taliban, who gain their strength by radicalizing uneasy populations."
What's your view on the leaks?

More "Locals" in the CNMI Private Sector

November 28, 2010

It's fascinating that so many people talk about the lack of locals in the private sector, but at the same time fight against plans that will help to ensure that locals can fill jobs in the private sector. The CNMI government fought against raising the minimum wage and federalization for decades.  Both federalization and a higher minimum wage will help in increasing the percentage of locals employed in the private sector.

It has been interesting to see the differing perspectives on this issue expressed by CNMI Department of Labor Deputy Secretary Cinta Kaipat and Congressman Gregorio Kilili Sablan as reported in the local CNMI press.  Loyal Covenant Party member Kaipat blames the federal government for the small percentage of locals holding jobs in the private sector, while Congressman Sablan points out that it was the local government, not the federal government that brought the foreign workers to the CNMI.  He said that the local and federal governments should work together.  Wasn't that the purpose of the Forum on Economic and Labor Development sponsored by the Department of Interior earlier this month?

There are long-established obstacles and reasons why U.S. citizens in the CNMI cannot or do not want to fill jobs in the private sector:

Deep-rooted Corruption
The people with the highest paying jobs in the CNMI have been those who work in the public sector. Coveted government jobs are held out like carrots.  Locals have learned that they need to show loyalty to those in power, promise a vote or block of votes, campaign for the "right" party (the one that ends up winning), keep their mouth shut and eyes closed, and kiss up to those in power in order to land (and keep) a high paying government job. Not just locals, but also U.S. citizens from the mainland, have played the carrot game with the local government to land or keep a high-paying government job or to land a pricey government contract.

Will the government austerity measures lead to a realization that people should only be hired for a government job if they have the job experience and qualifications?  Will empty coffers be an incentive to eliminate unneeded positions and consolidate positions where one person could actually easily perform the responsibilities that two or more do? Time will tell, but established habits are difficult to break.
 
Minimum wage
The typical CNMI private sector job pays below U.S. minimum wage, and few people can live a high quality life on these poverty-level wages. Raise your hand if you want to work for under six dollars an hour! Minimum wage equals financial instability.  Financial instability breeds stress, health issues as a result of enough money to buy nutritional food and meet health care needs, inability to pay for utilities, transportation and other essentials.  Financial instability allows breeds crime. I imagine that many unemployed locals weigh the benefits of trying to survive on a minimum wage job or collecting food stamps and medicaid benefits while staying at home.  It seems a large number pick government handouts over a poor paying job.

Private sector wage levels in the CNMI are so out of kilter, that it's hard to imagine them inching closer to U.S. levels anytime soon.  Private sector employers have reaped huge profits because they have been allowed to highly educated and skilled foreign workers for poverty-level wages to perform high level jobs.  Where else in the U.S. can you find an accountant, nurse, electrical engineer, or architect who would work for poverty-level wages? No where.

Of course an enterprising person with an exceptional skill and/or education may be able to make a decent living in the CNMI working in the private sector, at least by CNMI standards.  Attorneys, educators, engineers, architects, medical personnel, computer programmers, shippers, investors, etc. may be able to find an employer who will pay them above minimum wage or better yet, start their own business.  Still, how many educated "locals" return to the CNMI without the capital to open their own business, knowing that there are more lucrative opportunities in the states?

Training and Education
PL 110-229 provides for technical assistance and training of the local workforce. Before any training programs should be established there should be a fine-tuned economic vision and blueprint for the CNMI. How can you train people if you don't know what jobs and skills are needed?

The CNMI leaders' vision for a strong economic future appears to concentrate on casino, gambling, legalizing marijuana and other crime-attracting ventures.  Talk of turning the old La Fiesta Mall into a gambling mecca and/or adult entertainment center is disheartening considering that the best attributes of the island could be showcased in the revitalized mall instead.  A cultural center with museums, shops that highlight native art and crafts and ethnic restaurants would attract more family-oriented tourists.  Hawaii became a prime tourist destination by focusing on the natural beauty and the culture.  The CNMI could easily clean up Saipan and follow in their footsteps.

Development of agriculture and aquaculture could also provide the CNMI with financial stability. Having a CNMI-specialized product similar to Ponape's pepper, Hawaii's pineapple may be a good idea. Hot pepper, pickled papaya, or another product could easily be promoted.

There is also some talk of promoting eco-tourism, which would provide another beneficial path for building a vital economy in the CNMI.  It would allow for a multitude of enterprising businesses to develop around marine activities including tours of outer islands, snorkeling, diving, organized treasure hunts, fishing derbies, kayaking and outriggers within the reefs, marine-related higher education courses, summer retreats/classes for children and adults, glass bottom boat tours, para sailing, sailing, etc.  Land-based eco-tourism could include hiking trails, tours of historical and archaeological sites, nature retreats, classes on medicinal remedies, education on the preservation of endangered species etc.

Was there a blueprint that came from the DOI forum? It would be interesting to read any recommendations.

Both Deputy Kaipat and Congressman Sablan must be aware of federal labor laws that prohibit local preference in hiring and discrimination in hiring, firing and other employment related issues. 

Here is what federal law says regarding U.S. citizen job preference:
Title VII

Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.

National Origin Discrimination

It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.
A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.
The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees.
Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.

Additional information about IRCA may be obtained from the Office of Special Counsel for Immigration-Related Unfair Employment Practices at 1-800-255-7688 (voice), 1-800-237-2515 (TTY for employees/applicants) or 1-800-362-2735 (TTY for employers) or at http://www.usdoj.gov/crt/osc.

Tension in Korea Stirs Asia

November 27, 2010

North Korea's attack on civilians living on Yeonpyeong, a South-Korean island near the western border between North and South Korea, has been rebuked by the U.S. and European nations. The island has military bases and civilians who are mostly fishermen.  Four South Koreans were killed in the attacks, two military personnel and two civilians.

The U.S. dispatched the nuclear-powered aircraft carrier the USS George Washington to participate in "military exercises" in the Yellow Sea.  North Korea and China, North Korea's strongest ally, advised against the drills.  The North Koreans called the exercises "saber-rattling" and warned they could lead to further conflict.  I see no sense in holding war games that will only aggravate an already unstable and unpredictable situation.

The conflict has resulted in some immediate actions by Asian countries. Philippine President Aquino has suspended the deployment of Filipino workers to South Korea. There are an estimated 46,000 documented Filipino workers in Korea (mostly in South Korea) and an estimated 11,000 undocumented workers. Aquino has had talks with the Japanese ambassador about evacuating the Filipino workers to Japan if necessary. The President expressed concern over the scheduled South Korean-US military exercises that are taking place from November 27 to December 1st.

CNMI Governor Benigno Fitial is said to be "monitoring" the situation. The Saipan Tribune reported:
At the time, Demapan said it would be premature to speculate that the conflict in the Korean peninsula would serve as basis to escalate the impending military buildup in the Marianas.

Nonetheless, he said the governor pointed to the ongoing conflict as a prime example of the CNMI’s strategic geographic proximity in terms of the United States’ efforts to enhance national security forces in the Pacific.

"Oftentimes we tend to lose sight of the importance of our location in the Pacific. This is the reason why our region has always been considered as an area of interest in the nation’s military plans," said Fitial.

Senate President Paul Manglona echoed Fitial's comments, reiterating the CNMI and Guam's importance as a base to respond to military flashpoints not only in the Korean peninsula but in the South China Sea as well between China and Taiwan, one of the U.S.' staunchest allies.

“It goes to show that we are in a region where there could always be a possibility of danger. I think this one of the reasons why [we're very important] to the Defense Department. This situation in the two Koreas doesn't even have to happen. We really are strategically positioned. It shows our importance to the U.S.,” he said.
Congresswoman Madeleine Bordallo issued the following statement regarding the Korean conflict:
"I have been briefed by officials at the Department of Defense about the situation in South Korea. I was informed that this situation poses no immediate threat to our island; however we will continue to monitor this situation. This blatant attack against our ally, South Korea, is in clear violation of international law and the sovereign rights of South Korea. This attack by North Korea is a reminder of the importance of the United States remaining a vigilant and visible power in the Asia-Pacific region. Further, it highlights the importance of realigning our military forces in this region to be better postured to address destabilizing events."
The conflict has adversely affected the stock market and contributed to the declining value of gold and metals. Of course, any escalation in tension could lead to an out-right war, which could result in the decline in numbers of Korean tourists to the CNMI and Guam.

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Juvenile Detention Center Controversy

November 25, 2010

What is the Secretary of Community and Cultural Affairs trying to hide? Secretary Melvin Faisao and the OAG refuse to allow access to NMPASI to inspect the juvenile detention center.

On October 6, 2010 the Northern Marianas Protection and Advocacy Systems, Inc. through attorney Matthew Holley, filed a complaint for declaratory and injunctive relief against Department of Community and Cultural Affairs Secretary Melvin Faisao in his capacity as supervisor of the Kagman Juvenile Detention and Corrections Facility.

NMPASI is tasked by Congress with protecting and advocating the civil rights of persons with disabilities.  In that official capacity that agency requested to inspect the juvenile detention center. The complaint alleges that Faisao and the representing attorney from the Office of the Attorney General, AAG Tom Schweiger, failed to return phone calls and messages requesting that NMPASI be allowed to inspect the facility. From the complaint:
7. Because many persons with disabilities living in private and public institutions suffer from abuse and neglect, Congress has mandated that each state have a "protection and advocacy system" designed to have independent access to such institutions in order to detect and prevent such abuse and neglect. Because the CNMI receives federal funds under the P&A Acts, it is required to establish systems "which are designed to -protect and advocate the rights of individuals with mental illness; and investigate incidents of abuse and neglect of individuals with mental illness ..." see e.g. 42, U.S.C. §10801 et. seq. NMPASI has been designated by the CNMI to be that system.

8. There have been numerous violations reported concerning the Facility this past year, some publicly and others privately. One such violation was reported this past June, when Federal Bureau of Investigation agents arrested a guard at the Facility who allegedly used his position of authority to force detainees to engage in sex acts. Another is that even though the new school year has begun, juvenile detainees at the Facility are not receiving the required education, nor any education for that matter. Additionally, there have been reported violations that have not been made public due to confidentiality reasons.

9. At this time, NMPASI has one client detained at the Facility who has requested NMPASI’s services. NMPASI has worked with the juvenile's attorney to assist the juvenile.
The complaint continues to outline a disturbing documented list of NMPASI’s attempts to contact AAG Schweiger and others to gain access to the facility without success. The first such attempt was made in July 2010 with a phone call to Schweiger that he ignored. He ignored three other phone calls made in July and August 2010 and an August 27, 2010 mailed and faxed letter.

NMPASI contacted JDF Supervisor Jaclyn Mendiola on September 13, 2010 and was told to send her an email with the request. The email was ignored, so another was sent on September 16, 2010 and she replied telling NMPASI to contact Faisao. From the complaint:
13. On September 16, 2010, after not receiving a response, the undersigned sent another email to supervisor Mendiola. She responded via email, informing the undersigned that she is referring the matter to Defendant. The same day Defendant sent an email to the undersigned simply stating to call the Attorney General's Office and "ask to speak to the responsible/designated Assistant Attorney Genera1." The undersigned responded by asking for the specific name of the "responsible/designated" AAG as numerous attempts had already been made to contact AAG Schweiger.

14. On September 17, 2010, Defendant Faisao replied to the specific request by merely stating, "[a]s it was indicated earlier in my previous e-mail correspondence and re-directed or re-iterated again ... call and ask ..."

15. On September 17, 2010, the undersigned called and verified, as anticipated, that AAG Schweiger is the designated AAG for the Facility. Subsequently, the undersigned sent a final email to Defendant explaining that no more attempts to contact AAG Schweiger would be made in light of the unanswered messages, letter and fax by AAG Schweiger. A ten (10) day notice was given to Defendant to make the proper arrangements or action would be taken through the court system. Defendant responded by stating he had forwarded the undersigned's email to the Attorney General's Office.

16. Since the last correspondence on September 17, 2010 with Defendant, neither Defendant nor anyone from the Attorney General's Office has contacted NMPASI concerning the matter.

17. Under the above-described circumstances, the Defendant has acted in his official capacity to create and maintain a system that hampers the Congressionally-mandated function and duties of NMPASI at the Facility. Plaintiff has no obligation to exhaust administrative or other remedies in this case. Nevertheless, Plaintiff spent considerable time attempting to negotiate with Defendant in an effort to eliminate Defendant's illegal policy and practice of denying to NMPASI full, complete, meaningful and timely access to the Facility. These attempts of negotiating have been unsuccessful.
Faisao claims that there are and have not been juveniles with developmental disabilities or mental illnesses housed at the juvenile detention center while he has been secretary. On that basis want the NMPASI lawsuit dismissed. This conflicts with the fact that at least one client housed there contacted NMPASI for assistance. The Saipan Tribune reported:
Assistant attorney general David Lochabay, counsel for Faisao, said the court should dismiss NMPASI's lawsuit with prejudice. Dismissal with prejudice means the plaintiff could not re-file the case anymore.
It also conflicts with a February 2008 Saipan Tribune article, which states that some juveniles at the detention center were referred to the PSS Special Education Program for assessment:
According to Department of Community & Cultural Affairs acting secretary Melvin L.O. Faisao, some of these juveniles were evaluated by PSS psychologist Marie McGee and found eligible through their Individual Education Plan.

The juvenile referrals have being ongoing since 2006 up to the present.

Faisao noted that more juveniles who come into the justice system may be eligible for the program, but were not detained long enough to go through the testing with the PSS psychologist.
Another February 2008 Saipan Tribune article quoted Secretary Faisao as discussing children with disabilities who were being housed at the juvenile detention center:
DCCA deputy secretary Melvin Faisao told Education Commissioner David Borja that DCCA has done extensive research and found that the Federal Mandates for Special Education in Juvenile Corrections summarizes three seminal federal laws, focusing primarily on the Individuals with Disabilities Education ACT or IDEA.

Faisao explained that IDEA is “landmark civil rights legislation because it guarantees free appropriate public education for all eligible children and youth with disabilities through age 21.”

IDEA applies to public schools and state-operated programs, including juvenile detention and confinement facilities since its passage in 1975.

In addition to IDEA, Faisao said, “Section 504 of the Vocational Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Education Act prohibit discrimination against persons with disabilities by any program or activity that receives federal funds including correctional facilities.”

He added that the ADA and Section 504 apply to juvenile correctional facilities to the extent that students with disabilities are excluded from appropriate education service or are excluded from school for misbehavior that may be related to the students' disability, or to the failure of the school program to meet the students' needs.

Faisao noted that since PSS is a grantor recipient of IDEA, DCCA is seeking its help in this matter.
In June 2010 a Kagman Juvenile Detention Center guard, Tyrone Fitial, was accused of sexually assaulting minors at the detention center.

Fitial's attorney, Joseph Camacho has filed a motion requesting pretrial release and modified bail. The Marianas Variety quoted Camacho as saying, "There is nothing in his background to suggest that he has a propensity for violence.”

The charges against him suggest he is violent and dangerous. His trial was scheduled for February 2011.

Read the complaint:



The negligent officials and attorneys should be investigated. AAG Schweiger and Secretary Faisao are being paid by public funds, and their offices are federally funded.  Their refusal to allow access to NMPASI has potentially put at least one child at-risk. 

Faisao is also under fire for merging the juvenile probation and juvenile detention units. (I don't understand why the Department of Community and Cultural Affairs even oversees the juvenile detention center and the juvenile probation office.) Within the last year the DCCA was also attacked for misappropriations of a federal grant to the Arts Council; for failure to provide educational classes and instruction to juveniles at the detention center; and for mismanagement of man'amko funds.

HAMMER GETS NAILED: TOM DELAY GUILTY

November 24, 2010

A jury of six men and six women found former Rep. Tom DeLay guilty of money laundering and conspiracy to commit money laundering after deliberating since Monday afternoon for 19 hours. From the Houston Chronicle:
The verdict came down five years after DeLay was forced to step down as the second most powerful Republican in the U.S. House. The charges also led DeLay to resign from his Sugar Land congressional seat in 2006.
DeLay was accused of money laundering and conspiracy to commit money laundering. On the conspiracy charge, DeLay faces a sentence of two to 20 years in prison and five to 99 years or life in prison on the money laundering count.
In preparation for the 2002 elections, DeLay cloned his Americans for a Republican Majority political committee as Texans for a Republican Majority. TRMPAC was designed to help Republicans win a state House majority in preparation for a mid-decade congressional redistricting in 2003.
That redistricting helped the Republicans take a 17-15 majority from the Democrats and win a 21-11 GOP majority in the 2004 elections.
DeLay swapped $190,000 in corporate money from his PAC, TRMPAC to the Republican National Committee to fund 7 Republican Texas house candidates. In Texas the use of corporate money to fund campaigns is prohibited.

DeLay left office in disgrace in 2006 after this investigation and another investigation related to the Abramoff scandal began.  He appeared on Dancing with the Stars last season, but has been in the spotlight since.

The usually smirking DeLay looked serious as he left court vowing to appeal.  His legal bills have exceeded $8 million. Hopefully, the former U.S. House Majority Leader will be doing the jail house rock for many years.

Background on Tom DeLay from ABC is a Pimp: Dancing Delay posted September 21, 2009

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

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

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

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

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

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

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

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

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

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

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

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

On June 17, 2006 Nousher Jaheti, a former CNMI victim of human trafficking, and I were interviewed by NPR in Washington, DC about DeLay’s congressional departure and his Abramoff-CNMI connections. My contempt for DeLay surfaced as I listened to Nousher retell his story. To me, Nousher represents the thousands upon thousands of cheated foreign contract workers who are hard-working, humble, good-intentioned, sincere and pure-hearted. Listen to this man's words:
YDSTIE: Guest workers were lured to the Marianas by recruiters in countries like China, the Philippines and Bangladesh, who told them they were going to the United States. The recruiters charged workers around $5,000 for the trip. Nashir Jahidi(ph) is one of the workers Wendy Doromal befriended. He came to Saipan, one of the Northern Mariana Islands from Bangladesh by way of the Philippines. He says when he got on the plane, he thought he was going to America.

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

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

Mr. JAHIDI: Not only me, most of the worker. They were surprised when they see the United States flag and the local island flag and we used the U.S. dollar, we used the U.S. stamp and everything, then people understand that this is only a small island. There is no way that you have the opportunity like what's in the United States.
Nousher was a victim of human trafficking lied to by his recruiter and cheated in the CNMI. (Read more about him here.)

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

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

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

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

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

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

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

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

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

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

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

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

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














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

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

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

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

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

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

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

For those of you who want to refresh your memories about Tom DeLay and his friends, Ben Fitial and Jack Abramoff here are some articles from the Saipan Tribune archives:
The Smear Campaign 4/4/99 (About the 20/20 story)


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



Wishing you and your families and very Happy Thanksgiving Day!

Thanksgiving is a day to be grateful and reflective.  Some Thanksgiving quotes ~

Nothing is more honorable than a grateful heart. ~Seneca

As we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them. ~ John Fitzgerald Kennedy

Feeling gratitude and not expressing it is like wrapping a present and not giving it. ~ William Arthur Ward

When eating bamboo sprouts, remember the man who planted them. 
~Chinese Proverb

Do not get tired of doing what is good. Don't get discouraged and give up, for we will reap a harvest of blessing at the appropriate time. ~Galatians 6:9

The Pilgrims made seven times more graves than huts. No Americans have been more impoverished than these who, nevertheless, set aside a day of thanksgiving. ~H.U. Westermayer

Some complain that roses have thorns—others rejoice that thorns have roses! ~Unknown

Hem your blessings with thankfulness so they don't unravel. ~Author Unknown

And though I ebb in worth, I'll flow in thanks. ~John Taylor

“There is one day that is ours. Thanksgiving Day is the one day that is purely American.” ~O. Henry

"We can always find something to be thankful for, no matter what may be the burden of our wants, or the special subject of our petitions." ~Albert Barnes

Gratitude makes sense of our past, brings peace for today, and creates a vision for tomorrow. ~Melody Beattie


Love has no desire but to fulfill itself
To melt and be like a running brook that sings its melody to the night
To wake at dawn with a winged heart and give thanks for another day of loving. ~Kahlil Gibran


Unreal

November 23, 1010

The CNMI Department of Labor claims " it is doing all it can to help locals find jobs in the private sector but the federal labor ombudsman is giving DOL a hard time."  Anyone who believes that should not working in an administrative position in that department.  Of course, the statement was attributed to Deputy Secretary of Labor Cinta Kaipat.  The Marianas Variety reported:
Labor Deputy Secretary Cinta M. Kaipat, who met with lawmakers in the House chamber yesterday, said one of the challenges her department is facing in obtaining an accurate number of job positions in the CNMI is dealing with the labor ombudsman, who, she added, is “misguiding” guest workers.

Kaipat said Labor is conducting a job inventory.

The department, she added, wants to know which positions will be vacated soon so they can motivate locals to pursue training provided by federally funded vocational programs and apply for these positions.

But because the labor ombudsman has been advising guest workers not to deal with CNMI Labor, Kaipat said they cannot come up with an accurate data on the number of jobs the nonresident workers hold or have vacated.

Federal Labor Ombudsman Pam Brown, however, said the U.S. government does not require any nonresident or business wishing to employ aliens to seek permission from CNMI Labor.

She also cited the letter of Interior Assistant Secretary Tony Babauta who told the Saipan Chamber of Commerce that the “federal government does not require employers seeking to hire employees” to comply with Public Law 17-1.

Federal immigration rules now apply to the islands.
Why on earth would guest workers deal with the CNMI Department of Slaver unless necessary? The ombudsman is correct in telling the workers that the federal government oversees foreign workers regardless of what the CNMI DOL or PL 17-1 claim.

So what exactly is this "misguided" advice that the ombudsman has been telling workers? Advice that DOL rejects because the administration still wants to maintain control of labor and immigration?

Kaipat is the one that refused to share DOL data with the federal government and she complains because she can't figure out what's happening with the foreign workforce?  Classic.

TSA Under Fire

November 22, 2010

During the year's busiest season for travel, the TSA has implemented new intrusive security measures at  60 airports across the country. The new procedures are being called intrusive, a violation of privacy, and even sexual abuse.  Full body scanners or pat downs are in place at major U.S. airports. The controversial body scanners have even reached Saipan.

The body scanners may not be safe according to some scientists including x-ray and imaging specialists, as well as cancer experts:
Specifically, these scientists argue that the concentration of radiation on the skin of individuals being scanned poses a serious cancer risk that has been largely dismissed. The TSA has compared the radiation received from the body scanner to the radiation that is absorbed in regular airplane travel or the radiation from a chest X-ray. However, in their memo to Dr. Holdren, Drs. Sedat, Agard, Stroud and Shuman note that this comparison is “very misleading.” The TSA estimates only consider the radiation as it would be if absorbed by the whole body, as opposed to how the scanner really operates, which is to concentrate the radiation on the skin. The scientists claim that the body scanners have not received a proper medical review using “key data” which would allow for a proper understanding of the medical impact of the technology which they believe could cause mutations and skin cancer. They suggest setting up an independent panel to review the safety concerns posed by the scanners, a highly reasonable suggestion for a piece of technology that will be scanning millions of people a year.

Other scientists have also voiced their concerns over the devices, such as Dr. David Brenner who heads Columbia University’s Center for Radiological Research. He states that radiation produced by the scanners is twenty times higher than the official estimate. Physics professor Peter Rez at Arizona State University echoes Dr. Brenner’s claims. He points out that there is a real possibility that a body scanner could malfunction, concentrating unsafe amounts of radiation on one area of the body. “The scary thing to me is not what happens in normal operations, but what happens if the machine fails. Mechanical things break down, frequently.”
Additionally, pregnant women, children and people with gene mutations are at an even higher risk from the machines according to Dr. David Brenner who heads radiological research at Columbia University. One study claimed that the scanning could cause birth defects.

PrisonPlanetTV reported:
Courts have consistently found that strip searches are only legal when performed on a person who has already been found guilty of a crime or on arrestees pending trial where a reasonable suspicion has to exist that they are carrying a weapon. Subjecting masses of people to blanket strip searches in airports reverses the very notion of innocent until proven guilty.

Barring people from flying and essentially treating them like terrorists for refusing to be humiliated by the virtual strip search is a clear breach of the basic human right of freedom of movement.

Several examples of airport security staff abusing the use of the devices have already come to light since their introduction earlier this year.

Indian film star Shahrukh Khan told a BBC talk show that naked images of his body from the scanner were printed out and circulated by airport staff at Heathrow in London. Heathrow denied the claim but Khan himself never retracted the story, and had no apparent motive for making it up.

Heathrow authorities were unable to deny a later example of the scanners being abused, when it emerged that a Heathrow worker had perved over a naked image of a female colleague after she passed through one of the devices, before commenting, “I love those gigantic tits”.

Jo Margetson, 29, reported John Laker, 25, to the police after she had entered the x-ray machine by mistake and Laker took the image before making lewd comments.

In Miami, a TSA worker in Miami attacked a colleague who had made fun of his small penis after he passed through a scanner device. The story again emphasized the fact that authorities were brazenly lying in claiming that the images produced by the devices did not show intimate details of genitalia.
The Allied Pilot Association with 11,500 urged members to "revolt against the devices" saying that the imaging machines are dangerous because of excessive exposure to radiation.

The scanned images are extremely invasive.  Check out this site to see that inverted scanned images reveal a body image akin to a photograph.

The pat downs sound ridiculously intrusive. I foresee lawsuits.

Zachares Sentenced to Jail Time

November 22, 2010

Mark Zachares was sentenced today in the U.S. District Court in Washington D.C. to 12 weekends in jail, four years probation, 200 hours community service and a $4,000 fine.

Prosecutors requested a light sentence due to his cooperation in other Abramoff-connected investigations.  Twelve weekends in jail seems far too light. Twelve months may have been a fairer sentence, considering his acts were not victimless.

From McClatchy:
With his mother and wife looking on in the courtroom and his lawyer Edward MacMahon by his side, a tearful Zachares told the judge that he embraced the worst of the capital's culture when he moved to Washington. That included alcohol abuse, other substance abuse, and paying little attention to his wife and daughters.

He said had no one to blame for himself for being swayed by Abramoff's influence, adding that his moral compass was "non-existent." Not a day has gone by that he doesn't anguish over his decision, Zachares said.

"The person who stands before you today is not that same person," he told the judge.

His lawyer said that Zachares didn't have the means to continue to fight the case, including possibly seeking its dismissal in light of the recent decisions in the honest services cases. He is not upset that he was sentenced even as other more powerful people were not charged in the case, or their cases fell apart in the wake of the Skilling decision.

"Mark genuinely has come to grips with taking responsibility for what he did himself," MacMahon said.
Zachares worked in the CNMI from 1994 until January 2002, first as an attorney in the Office of the Attorney General and then as Secretary of the Department of Labor and Immigration (DOLI). His connections with Abramoff go back to the time he was DOLI Secretary.

Some say his Alaskan ties to CNMI Department of Labor's hearing officer, Herb Soll landed him the position in the CNMI, as both Soll and Zachares came from Alaska to the CNMI. Soll worked in the Office of the Attorney General at the time Zachares was hired. In 2000, Soll was appointed Attorney General by Governor Pedro Tenorio after the Maya Kara appointment as acting attorney general was ruled unconstitutional since she served in that position for more than 30 days.

A January 1999 article from the Saipan Tribune revealed that Zachares followed the Abramoff Team's agenda and talking points. The main focus of the lobbying team in 1999 was to refute a report written by the investigative team contracted by the Department of Interior. The report exposed severe labor abuses, horrendous working and living conditions, and serious health and other problems in the guest worker community. The cases cited in the reports were extensively documented with hundreds of pages of statements, labor cases and other documents. Documentation also included video footage that documented transhipment and smuggling of Chinese through Rota to Guam.

At 902 talks in January 1999 Zachares repeated the Abramoff-CNMI mantra that "there has been reform, the abuses are old news, and there is no need for a federal takeover." Edward Cohen proposed having employers pay their workers through a third party straight into the workers' bank accounts. Zachares rejected that idea. Perhaps if it had been approved there would not be $6.1 million in unpaid wages and other monetary judgments.  Like all Abramoff soldiers, Zachares was a truth bender and defended the CNMI's agenda to maintain local control of labor and immigration, no matter who would be hurt in the process.

Zachares testified at the September 1999 House Hearing defending the CNMI's labor policies. It was the Abramoff-run hearing with Abramoff foot soldiers Rep. Don Young (R-ALASKA), former Rep. John Doolittle (R-CA), and former Rep. Bob Schaffer (R-CO) controlling the direction and flow of the hearing that was referred to as a sham. Correspondence from Abramoff to Fitial, Willie Tan and Eloy Inos that preceded the hearing indicated it would be held for the purpose of vilifying federal officials, and to push the agenda of Abramoff's client, the CNMI. Zachares was obviously part of the scheme judging by the transcript of the hearing. Rep. Schaffer addressed him as "Mark."

While Zachares served in the Pedro Tenorio Administration as the Secretary of the Department of Labor and Immigration (DOLI), he was considered an arrogant bully by guest workers, asylum victims, and some advocates and others who attempted to communicate with those locked in the detention center. He authorized warrantless raids on private homes where workers resided. He was sued multiple times including law suits for human rights abuses, imprisonment of asylum seekers in the detention center, and illegal arrests. Even the Saipan Chamber of Commerce criticized DOLI under Zachares for delays in processing of documents, bonding fees, deportation of nonresidents workers, as well as the influx of undocumented immigrants to the Northern Marianas.

I received dozens of letters, phone calls, and emails when Zachares was Secretary of DOLI. All were complaints from foreign contract workers and advocates. A guest worker who was held in the detention center in the late 1990's complained of being denied basic rights and being verbally abused by both Zachares and Robert Goldberg. Illegally held Muslim guest workers complained that they were continually served SPAM and other pork products even though they protested. Detention center visiting hours were limited and even those who attempted to visit during the hours were denied access to prisoners. I wrote to former Governor Pedro Tenorio about irregularities in the detention center, illegal raids, and other human rights abuses. Then Acting Attorney General Maya Kara responded with a letter that danced around issues and defended the policies at DOLI. Worker leaders, the guest workers and attorneys refuted the response.

In 1999 Zachares wrote a letter to the Department of Interior's Insular Affairs Office complaining about the new ombudsman, Pam Brown. God forbid, the guest workers have case workers who can speak their languages or be represented by an advocate seeking justice for minor children. Zachares objected to foreign-born case workers being hired and Attorney Brown's request to use the deportation fund to repatriate three young children with their mother who was being deported.

An email from Zachares to Abramoff also mentioned Pam Brown and the ombudsman office and revealed the close relationship between the two men:
From: Mark Zachares (mailto:41MMWMWA
Sent: Wednesday, January 02, 2002 5:59 AM
To: abramoff]OIMMONNO
Subject: Re: Zack
Jack: I was told today that the people who applied for the Ombuds job were told by Interior that the position would not be filled. Interesting? The woman I thought got it is hired, is now doing legal research for Interior out here. So right now, the CNMI has no Ombuds and there are just case/workers, former hacks of Pam Brown, finishing up their contracts. I just thought that this tidbit would be of interest to you. I saw Richard Pierce today and he was heading out to play golf with Diego, Pete A., and of course James Lin. He's such a whore. Hope to see you, Jordan, and the Caps soon, in that order of course. Take care. zack
Read the entire e-mail chain to get an insight as to how White House officials including Karl Rove and Susan Ralston were involved in trying to get Zachares the OIA position; the briefing paper from Kevin Ring backing Zachares; a series of emails successfully sabotaging a White House endorsement for Juan Babauta; a couple of remarks from Fitial; a plea for more cash from Tan; and one where Abramoff arranges a photo-op for Fitial.

The billing records from Abramoff to the CNMI indicate that the CNMI was billed for helping the lobbyist find Zachares a position in the federal government:

2/9/01 2.0 hours Kevin Ring Continue drafting outline for J. Abramoff remarks to CNMI leaders; phone conversation with D. Stephens regarding Zachares candidacy

2/13/01 4.0 hours Tony Rudy Contact numerous congressional offices to help Mark Zachares; deliver materials to Hill; obtain signatures on letters

The initial position that Abramoff and his team hoped to place Zachares was in the DOI Office of Insular Affairs where Zachares could manipulate policy to be favorable to the CNMI as this email from Kevin Ring to Abramoff indicates. Even though the attempts to land him that Insular Affairs position went as high as the White House, as correspondence between Abramoff and White House personnel indicated, he did not get the position.

Abramoff, who had hired Reed in 1999 and 2000 to run anti-gambling drives in Alabama to fend off threats to the Choctaws' casino profits, was looking for more help. This time, Abramoff was trying to secure a job at Interior for Mark Zachares, a former secretary of labor in the Marianas government.

On January 11, 2001, Abramoff e-mailed Reed. "I was thinking about this appointment" to the Office of Insular Affairs at Interior, Abramoff wrote. "I know it is perhaps a bizarre request, but considering how quickly I was named to the transition advisory team thanks to your request, perhaps it would be possible to ask Karl [Rove, the president's chief political adviser]... that they should appoint Mark Zachares to head the Office of Insular Affairs.... Do you think we could get this favor from Karl? It would be my big ask for sure."

Reed replied quickly: "It never hurts to ask. What's the next move?" Later that day, Reed sounded even more eager. "Just let me know who to call, when to call, and what to say. And while you're at it get me another client! NOW!"

On March 6, Abramoff met with Rove for about half an hour and pushed for Zachares, according to Abramoff's former lobbying colleagues at the firm Greenberg Traurig and to Secret Service logs released earlier this year. But Rove didn't come through, and Zachares didn't get the job.

One former Abramoff colleague said he wasn't surprised that the effort failed, because Zachares was "too radioactive" and had "the worst possible profile" for the job. Zachares had received $10,000 from an Abramoff-run charity, getting half of the money before he held his Marianas job and half after. What's more, Democrats in Congress, with help from some GOP members, had mounted a bruising but unsuccessful fight to impose U.S. minimum-wage laws on the Marianas. The islands, a U.S. territory located in the western Pacific Ocean, paid immigrant workers in their garment industry wages of just $3 an hour.
In September 2000, Secretary of DOLI Zachares and Attorney General Herb Soll traveled to San Francisco to terminate the MOU with the U.S. Department of Labor Wage and Hour Division Office. In 2002, Soll returned to the Department of Labor to resume work as a hearing officer. That same year, Zachares was off to Washington, DC to take a Abramoff-secured position with the House Transportation and Infrastructure Committee chaired by Rep. Don Young (D-Alaska).

Governor Fitial was close to Zachares. As Speaker of the House it was Fitial who landed Abramoff his government contract during this time period. In fact, Zachares attended the governor's inauguration in 2006, flying in all the way from Washington D.C.

Zachares was arrested in April 2007. Here are some selected phrases from the Information:
On or about June 2002 and through November 2004, ZACHARES served in various
positions on the staff of the Transportation and Infrastructure Committee of the United States House of Representatives; specifically, ZACHARES served: (a) from June 2002 through December 2002 as Legal Counsel to the Oversight and Investigations Subcommittee; (b) from January 2003 through December 2003 as Staff Director for the Coast Guard & Maritime Subcommittee; and (c) from January 2004 through November 2004, as Special Counsel to the Transportation and Infrastructure Committee.
The Lobbyists and Their Clients
3. Jack Abramoff was a Washington, D.C. lobbyist representing numerous clients, including the government of the CNMI, which Abramoff represented from 1996 to 2001, receiving fees in excess of $7 million.
4. Beginning in the mid-1990s, ZACHARES came to have extensive contact with Abramoff during ZACHARES' tenure as an official of the CNMI, and ZACHARES and Abramoff became personal and professional acquaintances.

6. On repeated occasions from late 2000 through in or about April 2004, ZACHARES communicated with his coconspirators, including Abramoff and his lobbyists, in furtherance of the below-described conspiracy to defraud using interstate electronic mail transmissions and interstate telephone calls.

8. It was a purpose of the conspiracy for ZACHARES to enrich himself by using and agreeing to use his official positions within the House of Representatives Transportation & Infrastructure Committee, and by performing and agreeing to perform official acts in return for a stream of things of value.

9. It was a further purpose of the conspiracy to enrich Abramoff and his lobbyists by providing favorable official action to them and their clients, and by referring prospective clients to Abramoff and his lobbyists.

10. The conspiracy was carried out through the following manner and means, pursuant to what ZACHARES and Abramoff came to call their "two year plan":

a. ZACHARES would and did take a stream of things of value from Abramoff and his lobbyists, including the prospect of future employment as a lobbyist by Abramoff and of salary enhancements in that prospective employment, an overseas trip, monetary gifts, meals and drinks, golf, and tickets to professional sporting events and concerts.

b. In exchange for this stream of things of value, ZACHARES would and did provide a stream of favorable official action to, and would and did use his influence on behalf of', Abramoff, his lobbyists, and their clients.
20. ZACHARES took a stream of official action benefitting Abramoff, his business interests, his friends, and his lobbying clients. The stream of official action included, but was not limited to, the following:
a. On or about July 30, 2002, ZACHARES sought, at Abramoff's request, a United States Department of Justice Threat Assessment Report concerning Guam and the CNMI that was not then available to the public.
The Abramoff-CNMI relationship enriched the lobbyists and drained $11 million from the CNMI coffers.  The Abramoff-CNMI relationship caused the suffering of thousands of innocent foreign workers.

Meanwhile, a Texas jury is now determining the outcome in Tom Delay's money laundering case.

When the Cat's Away...

November 21, 1010

It's becoming a kind of political ping pong. The controversial Deputy Secretary of the CNMI Department of Public Safety has been terminated by Acting Governor Eloy Inos once again while the governor is in California.

Last time Ambrosio Ogumoro was terminated from that position, Governor Fitial was also off-island. In a May 19, 2010 memo, DPS Commissioner Sandy Tudela terminated Ogumoro with the approval of Lt. Governor Inos while Fitial was off-island.  In July 2010 Governor Fitial reinstated Ogumoro.

Over the last few months several formal complaints have been filed against Ogumoro concerning hiring practices, harassment, intimidation, and retaliation for those who won't support him. Attorney Robert Torres cited cases where favoritism was evident regarding promotions and pay raises in DPS hiring practices. The Lt. Governor's daughter, Kay Inos resigned from the DPS in July 2010 immediately after Ogumoro was reinstated by Fitial.

Ogumoro publicly attacked those who criticized his questionable practices.  Some actions unrelated to personnel decisions have also been questioned. While at a DPS staff meeting, he reportedly instructed DPS personnel to bring food and drink to the political campaign of Covenant candidate Joseph Camacho, which is a violation of the Hatch Act.

Friday, November 19, 2010 Ogumoro was "relieved of his duties" once more:
In his Nov. 19 memorandum to DPS personnel, Commissioner Santiago F. Tudela said Ogumoro “is no longer employed with the department” effective Friday.

In a Nov. 18 letter to Ogumoro, which was concurred by acting Gov. Eloy S. Inos, Tudela said “two separate events have prompted” the deputy’s firing.

“Many concerns…have been raised about your conduct which resulted in an investigation by the Office of the Attorney General,” the letter stated.

It added, “The investigation substantiated that you violated the regulations of the department in the form of retaliation. The morale in the department is dismal and our mission to keep the public safe and uphold our laws is being compromised by your actions.”

According to Tudela, “Recent inquiries about your employment status from the payroll division of the Department of Finance resulted in the Office of Personnel Management’s verification of your legal status with the Department of Public Safety.”

Tudela said the verification disclosed that Ogumoro is “not currently employed by DPS.”

“Your employment contract as the range master expired on Sept. 30, 2010 which has not been renewed to date.
See also these posts on Ogumoro:

Election Gate: A Look at the Hatch Act
Expungement Act of 2010
Another Complaint Against Deputy Commissioner Ogumoro
Complaints Filed Against CNMI Officials
Law and No Order in the CNMI: Part II
Law and No Order in the CNMI
CNMI Law Enforcement Notes

News You Won't Read About in the CNMI

 November 19, 2010

Mark Zachares, the cocky former CNMI Secretary of Labor and Immigration, is scheduled to be sentenced in just 4 days on November 22, 2010 for his role in the Abramoff scandal.  His attorneys pleaded for leniency in their pre-sentencing request, claiming that he is a "law abiding citizen and was once a prosecutor and has great respect for the law."

His attorneys argued, "Any person who contemplates committing actions similar to Mr. Zachares will see that Mr. Zachares’ life was destroyed by his actions and that he has brought himself back into the good graces of this community and his family only by accepting responsibility and improving as a person." They are requesting no prison time.

From my dealings with Mark Zachares, I would characterize him as unapologetic, untruthful, and defiant.  He seemed to get a kick out of abusing power with excuses for not prosecuting serious rape cases, the warrantless raids on private barracks, and denial of basic rights at the detention center he ran.

Prosecutors are asking for a reduced sentence based on Zachares' cooperation with the FBI.  In their motion requesting downward departure under sentencing guidelines acknowledging "...the defendant’s substantial assistance to the government in the investigation of other matters."

The prosecutors cite his cooperation with helping with the investigations of two members of the U.S. Congress. From the motion:
First, the defendant cooperated extensively and usefully in the investigation of Congressman A for accepting things of value from lobbyist Jack Abramoff. The investigation focused on Congressman A’s receipt of certain travel and entertainment, and his subsequent communications about that travel and entertainment to the House of Representatives. The defendant provided extensive, detailed, and valuable eyewitness information about the nature of Congressman A’s travel, and the payment for expenses by Abramoff during that travel. As directed by the Federal Bureau of Investigation (FBI), the defendant also conducted expert research on legislative issues concerning action taken or influenced by Congressman A. At the direction of the FBI, the defendant also made a covertly recorded (though ultimately unproductive) telephone call to another witness to Congressman A’s travel. The defendant’s information, and the information gained from leads that he provided, substantially assisted the government in predicating further investigation of Congressman A. That investigation was halted as a result of Congressman A asserting the Speech or Debate privilege, and through no fault or failure of the defendant. 
Second, the defendant cooperated extensively and usefully in the investigation of Congressman B for accepting things of value from various lobbyists. The investigation focused on Congressman B’s receipt of certain travel and entertainment, and his subsequent communications about that travel and entertainment to the House of Representatives. The government was previously unaware of Congressman B’s receipt of the travel and entertainment at issue. As directed by the FBI, the defendant also conducted expert research on legislative issues concerning action taken or influenced by Congressman B. The defendant’s information, and the information gained from leads that he provided, substantially assisted the government in predicating further, extensive investigation of Congressman B. That investigation was halted as a result of legal and evidentiary issues, and through no fault or failure of the defendant.
My guess is that "Congressman A" is likely former Congressman Tom Feeney who took a golf trip to Scotland with lobbyist Jack Abramoff, Mark Zachares, and former disgraced Reps. Bob Ney, and Tom Delay.  He exercised his Speech or Debate Clause to weasel his way out of being charged in the Abramoff scandal. A Washington DC appeals court halted the Justice Department's investigation of Feeney on the basis of the Speech or Debate Clause.  The clause states "for any Speech or Debate in either House, they shall not be questioned in any other place."

"Congressman B" could be Rep. Don Young. Zachares was his legislator director, a position that Abramoff helped him to land.  In February 1999, Young took a junket to the CNMI when Zachares was DOLI Secretary.   Among other things, Young was under investigation for the mysterious $10 million Coconut Road earmark that appeared in Young's 2005 highway bill. It wasn't in the bill when it passed Congress, but was when President Bush signed it. A developer in Florida who arranged a $40,000 fundraiser for Young supported the earmark. The Young investigation was dropped in August 2010.

Zachares was charged with one felony count of fraud for taking gifts from Abramoff. He could be sentenced to 18-24 months in prison under federal sentencing guidelines. The prosecutors recommended a two level reduction for his cooperation with investigations. That would mean a prison sentence of 12-18 months. I hope he gets enough prison time to allow time for him to contemplate his ill-treatment of foreigner workers in the deplorable detention center he ran.

Few members of Team Abramoff who were charged with a crime have truly taken responsibility for their corrupt actions by acknowledging that their crimes were not victimless crimes.  Former lobbyist Kevin Ring who was found guilty on five felony counts last week remains defiant. Former Rep. Bob Ney (R-Ohio), who spent time in prison for his Abramoff-related crimes, is apologetic, and remorseful, as was documented in Alex Gibney's, Casino Jack and the United States of Money. He is currently studying meditation with His Holiness the Dali Lama in India. Ney's former chief of staff, Neil Volz received probation for his crimes and has also taken responsibility for his criminal acts. Volz is now working with homeless veterans in Florida. Jack Abramoff appears to also have taken responsibility for his crimes admitting guilt and expressing remorse. He will be free in 2 weeks.

According to friends, Casino Jack and the United States of Money, which has been available in stores in the mainland for over a month, is not available to purchase in the CNMI.  Nothing about the acclaimed film has been reported in the CNMI press.  Odd, considering that the islands are the focus of a major section of the film.

Featured in the film are a sheepish Governor Fitial declining to comment on his thief of the speakership, Ombudsman Pamela Brown, former Ombudsman Jim Benedetto, and former Governors Juan Babauta and Froilan Tenorio. Also appearing are former CNMI House members Alejo Mendiola and Norman Palicios.  They admit being bribed by Team Abramoff to switch their votes to elect Fitial as speaker, which resulted in Abramoff getting another expensive contract from the CNMI.  I am heard off-camera in the film interviewing workers as some of my footage appeared in the film.  Saipan filmmaker, Curt Klemstein is listed in the credits as a production assistant.

I recommend buying the DVD from Amazon or another outlet.  The DVD has extras including deleted scenes, extended interviews, Lobbying 101, and a commentary with Academy Award winning director, Alex Gibney. In the director's commentary Alex Gibney takes the viewer through the film describing his brilliant musical selections, discussing the cinematography, and commenting on some of the people who contributed to or were featured in the film.