Guam - Guam may be stuck with the federal law dealing with the sale of Fena, but Vice Speaker B.J. Cruz is looking to turn it around. He's asking the governor to sue the feds immediately. He's citing a provision in the National Defense Authorization Act that allows what is owed in compact impact reimbursements to Guam as an acceptable $300 million payment for Fena.
The vice speaker, a former chief justice of the Supreme Court of Guam, believes this may be an "admission of liability". This is a legal term describing the condition of actually or potentially subject to a legal obligation. "I just thought if they are willing to give us and admit that they could write off or credit us as much as fair market value of Fena, then let's get it in cash, let's deal and get that amount in cash because I think putting that in there, that in kind services be given by Guam for compact impact, then that's an admission that they owe us plenty of money and not just the $14 million that we are getting.
"At least file the lawsuit and then practically move in for summary judgment, you admitted that you owed in this law signed by the president that it owes Guam for in kind services provided in terms of the compact and it would seem that summary judgment would be fairly easy by that admission."
Cruz says the feds have opened the door for Guam to pursue a legal remedy to collect on years of compact impact funds owed our government.
Cruz says the feds have opened the door for Guam to pursue a legal remedy to collect on years of compact impact funds owed our government. Governor Calvo meanwhile believes the vice speaker's suggestion has some merit. The governor added that a week and a half ago, Chief Policy Advisor Arthur Clark met with Senator Frank Blas, Jr. to discuss this very issue. The matter is still under review and he will have Clark meet with the two lawmakers to formulate a uniform approach to the issue.