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AG to Governor: "Put up or shut up"
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by Ken Wetmore, KUAM News Friday, July 02, 2004
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"Put up or shut-up" is quite literally the message from Attorney General Douglas Moylan to Governor Felix Camacho. The Governor's chief of staff, Tony Sanchez, has requested the Guam Police Department conduct an investigation into the AG's Office after General Services Agency chief procurement officer Claudia Acfalle found the island first-ever elected attorney general and his staff violated the procurement law by purchasing a pair of teleprompters from an off-island vendor.
Today AG Moylan demanded the Governor put out the results of the police department's investigation.
Calling the idea that there was anything wrong with the procurement of two teleprompters by his office "absurd", Attorney General Douglas Moylan told KUAM News, "All the documents show that there was no malfeasance or any criminal behavior involved in it, and the government got a good value; they got a very good piece of equipment." The AG says he's been told the Guam Police Department has turned in the results of its investigation to the Governor, results he feels certain will exonerate his office.
Last Thursday the AG sent a letter to the Governor requesting the island's chief executive turn over the results of the investigation to his office. And today the AG said if GPD's investigation clears him and his office, the Governor should apologize. "His administration went out of its way to disparage this office, and I think that if he has anything he should come up and say it. Put up or shut up, basically," he said sternly.
The AG also took it a step further by announcing, "I think the Governor should appoint a special prosecutor if he thinks that we did anything wrong, and I'm challenging him to do so."
Part of the challenge is the AG's belief the Governor does not have the power to appoint a special prosecutor. Moylan says the Organic Act doesn't give the Governor the power to appoint a special prosecutor. "The people elected the attorney general - the position of attorney general - and the people can remove the attorney general through recall, and so there has been a mechanism to remove the attorney general. The next attorney general can decide whether or not to prosecute, but in terms of what's going on here, I see another two years of the Governor attempting to be attorney general and prosecute people within this office without authority," said Moylan.
Governor's legal counsel Shannon Taitano disagrees that the Governor can't appoint a special prosecutor. Taitano says the Governor's Organic Act authority does allow for the appointment of a special prosecutor, and points out previous governors have done just that.
As for the AG's challenge, Taitano says the Guam Police has not forwarded the results of its investigation to the Governor's Office. "It's hard to comment on how we are going to proceed, especially since its an ongoing investigation," she explained. "We're not inclined to speak before the matter is actually completed, considering that the information may be sensitive, so we are very hesitant and reluctant to speak about those issues."
Even after the results are submitted, Taitano says the Governor's Office has no interest in being drawn into a debate with something that, in her words, is as sensitive as a criminal investigation.
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