HAGÅTÑA (The Guam Daily Post) — The Office of the Attorney General is opposing attempts to quash subpoenas sent to the Office of the Governor and Guam Homeland Security/Office of Civil Defense, arguing the subpoenas are neither unreasonable nor oppressive, and therefore, the court lacks the grounds to quash them.
The AG’s office so far is known to have demanded certain records from the governor’s office, GHS/OCD, the Department of Administration, Guam Power Authority, Guam Waterworks Authority and the Consolidated Commission on Utilities, the governing board of the power and water utilities.
Among these entities, the governor’s office, GHS/OCD and DOA have moved for the court to quash their subpoenas, arguing they are overly broad, oppressive and a “fishing expedition.” These entities have also argued that complying with the subpoenas would divert critical resources away from efforts to respond to Typhoon Mawar.
In filings opposing the governor’s office and GHS/OCD, Assistant Attorney General Gloria Rudolph said the entities mischaracterize the scope of the materials sought by the OAG.
“In this case, the grand jury is seeking specific categories of documents covering a limited time period in the people’s investigation of possible wrongdoing in the awarding of government contracts,” Rudolph stated in each opposition filing, adding that the subpoenas seek a “narrow tranche” of documents dealing with the procurement activities of the governor’s office and GHS/OCD, and related communications during a finite period.
Rudolph also stated that several weeks had passed since Mawar struck Guam, and both entities’ emergency footing had eased with the passage of time and the restoration of services. The typhoon may have made it difficult for the governor’s office and GHS/OCD to timely respond to the subpoenas, but it does not and cannot excuse either entity entirely from complying with the subpoenas, Rudolph stated.
‘Fishing expedition’
Among the documents demanded from the governor’s office and GHS/OCD were documents showing correspondence related to media requests to be on-site at the GHS/OCD bunker during the typhoon. The governor’s office argued that the demand was “the most obvious evidence” that the subpoena was “simply a fishing expedition.”
“If any such correspondence exists, the OAG is demanding correspondence from nongovernmental entities requesting the government officials responsible for coordinating the response to Typhoon Mawar exercise discretion and allow nongovernment employees into a government facility during a natural disaster,” the governor’s office stated in its motion to quash the subpoena.
In response, Rudolph said the demand is not evidence of a fishing expedition, but shows that the grand jury is investigating the circumstances surrounding the treatment of various media outlets during the typhoon.
Records demanded by the OAG in its subpoenas range in dates. Some relate to, or appear related to, typhoon response and preparation, while others date back to well before the storm. Other documents demanded by the OAG go back to the beginning of May, the month Mawar struck Guam.
In general, the OAG demanded correspondence and documents related to government procurement or reports and assessments related to power and water infrastructure and assets.
DOA, specifically, was commanded to provide correspondence between the General Services Agency and Sorensen Media Group.
The government had purchased air time from Sorenson for a post-typhoon talk show, a decision that drew criticism from Attorney General Douglas Moylan and other elected officials.
The DOA motion to quash its subpoena also is ongoing. The DOA director is seeking to disqualify the OAG from representing the agency in this matter, stating in a declaration that he cannot proceed without counsel and does not believe the OAG can represent DOA because the OAG is averse to the agency.
The seal of the Office of the Attorney General of Guam is shown May 4, 2023, in Tamuning.
