Guam - The Government of Guam and the federal government will ask that a civil suit filed in the state of New York be dismissed. Dustin O'Brien, a lawyer who used to work at the Public and Alternate Public Defenders Offices on Guam, is suing Governor Eddie Calvo, Rev & Tax director John Camacho, the Guam Legislature and the federal government.

The suit was filed in May of last year and O'Brien is challenging Guam's ability to elect its own governor and lawmakers.  He claims the governor and other public officials should be appointed by the president.  The suit was filed because O'Brien was required to file his 2011 taxes with Guam's Department of Revenue & Tax.  He has alleged that Guam's elected leaders are in violation of the U.S. Constitution. 

GovGuam meanwhile has moved to have the lawsuit dismissed saying it fails to state a claim.  Assistant Attorney General Shannon Taitano also filed a motion to transfer the case to Guam. The federal government meanwhile has indicated it will file a motion to dismiss by the end of the month.