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144 the Contemporary Pacific • 22:1 (2010) Commonwealth of The 144 the contemporary pacific • 22:1 (2010) ———. 2009k. RMI Trust Fund Loses plea bargain with the federal attorney Over $20m. Marshall Islands Journal, 9 and agreed to testify against the other January. three. ———. 2009l. Tony’s Blast. Marshall At issue was the sale, over several Islands Journal, 6 February. years, of Rydlyme, a chemical used Yokwe Online. 2008a. Marshall Islands to clean pipes around generators. A Government: Trust Funds, Visits, and company owned by Joaquina and Legislation. http://yokwe.net/index.php James Santos sold 8,000 gallons of the ?name=News&file=article&sid=2285 descaler to the utilities corporation at a 400 percent markup. The federal ———. 2008b. Marshall Islands Govern- ment Outlines Response Efforts to Emer- charges include three felony counts gency. http://yokwe.net/index.php?name of wire fraud, conspiracy and theft =News&file=article&sid=2276 involving federal funds, and bribery. Villagomez, his sister, and her hus- ———. 2008c. No Confidence Vote band were all charged and released on Motion Withdrawn. http://yokwe.net/ index.php?name=News&file=article $50,000 unsecured bonds; Guerrero &sid=2308 was released on a $10,000 unsecured bond. Investigations lasting eight months revealed that only 11 percent of the chemical was ever used. Accord- Commonwealth of the ing to the twelve-page indictment, Northern Mariana Islands the chemical, which was bought in several installments over several years In July 2008, rumors began circulat- for about $300,000, was used only ing that Lieutenant Governor Timothy for cleaning floors or was put into Villagomez was under investigation storage on Rota and Tinian. Despite for some unknown federal crime. The the charges, Villagomez remained in fbi called members of the Common- office, actively performing his duties wealth Utilities Corporation (cuc) in as lieutenant governor. to a grand jury. By mid-August, it was The trial lasted for almost three rumored that Villagomez had been weeks and incorporated some defense arrested at a convention of lieuten- techniques that will probably go ant governors in New York. This down in the annals of jurisprudence was denied by the administration of as very unconventional. The first Governor Benigno Fitial. However, by was the “mango defense,” in which Monday, 14 August, both local news- one defense attorney, in his closing papers had front-page articles about remarks, faced the jury from behind a the arrest and indictment of Villago- podium and pulled out two mangoes. mez, his sister Joaquina Santos, and He presented them to the jury and said Secretary of Commerce James Santos, that the one in his right hand was a who is married to Villagomez’s sister. Hayden mango, which was imported Also arrested was Tony Guerrero, from Hawai‘i. In the other hand, he who was cuc executive director at the held a carabao mango, which was time, having succeeded Villagomez. grown locally. The local mango was, Tony Guerrero immediately accepted a of course, sweeter than the imported. pol i t ical reviews • micronesia 145 This was a veiled reference to the fed- sized generators were transported to eral court and the prosecution being Saipan and brought on line to relieve a foreign agency and the defendant a the pressure on the old mainline local person. Another defense lawyer generators while repairs and mainte- showed a PowerPoint presentation, nance were being made. Brownouts which, after describing the female fbi and blackouts became fairly rare, and agent who was the main investiga- work on the cuc generators proceeded tor for the prosecution as probably a rapidly. It is expected that the Aggreko very nice person, included a photo- company will soon return the genera- graph of a snarling wolf looking out tors to Singapore. Restoration of full of the screen and a wolf howling on local power is anticipated for late the soundtrack. This was meant to September 2009, since no notice of characterize the key fbi investigator as extension has been given to Aggreko. a wolf in sheep’s clothing. In spite of The Marianas have also been very these antics and many others, the jury fortunate in avoiding any major took only four hours to return guilty storms or typhoons during this period. verdicts on all charges for all three In the meantime, the utilities corpora- defendants. Sentencing was originally tion remains under strong pressure set for 28 July 2009 but has been from the US Environmental Protec- rescheduled for 5 August. Sentencing tion Agency to improve the quality for Tony Guerrero took place on 21 of water supplies, which fall below June; he received three years proba- federal standards. tion, 500 hours of community service, It was announced last year that the and a $6,000 fine. On conviction, US federal government would take Villagomez formally resigned from his over control of immigration opera- position as lieutenant governor. tions in the commonwealth by 1 May In the meantime, the defense has 2009. An additional six months of been filing motions with the federal transition time was later established court, charging judicial misconduct so that the law would not become and jury tampering, among other effective until 28 November 2009. things. Defense attorneys want the The extension was to give time for guilty verdict overturned by the judge both Homeland Security and com- or a new trial, neither of which has monwealth authorities to develop been approved as of this writing. policies and procedures adapted to the In August 2008, Saipan was experi- commonwealth. It was also mentioned encing massive power-supply problems that the takeover would not be com- throughout the island. In September, plete until state-of-the-art installations cuc Executive Director Tony Muña at ports of entry were established on (appointed to replace Tony Guerrero each of the main islands. This includes after his indictment) received authori- the three airports and three seaports. zation from the CNMI executive and However, no appropriation had been legislative branches to enter into a made for this in the federal law. As one-year, $500,000 a month, contract of this writing there is considerable with Aggreko, a Singapore-based uncertainty as to how all this is going generator company. Fifteen container- to play out. Several issues related 146 the contemporary pacific • 22:1 (2010) to federalization are yet to be fully twenty years. Since naturalization resolved. was not permitted under the CNMI Since 1978, during the years the Covenant, they remained in the com- CNMI government controlled immi- monwealth with the citizenship of gration, a major effort was made to their original country. However, over attract tourists from mainland China the years, these foreign workers have (primarily for the Tinian Dynasty had children who are US citizens by Casino) and from Russia. No US visas birth. Uncertainty exists over how were required, which led to a signifi- these families will be treated under US cant growth in that traffic. Russian immigration law. There are indica- tourists in particular came in families, tions that all contract workers must stayed for three or four weeks, and leave by 28 November and will not be spent very lavishly. Several major allowed back without a US visa. Many resorts hired Russian-speaking staff people are worried, afraid of having and printed menus and hotel informa- their families torn apart. One of the tion in Russian as well as Chinese. The side effects of this particular issue is commonwealth is requesting tourist the organization of long-term residents visa waivers for Chinese and Russian into advocacy groups attempting to visitors, but it appears at the time of influence the US Congress and the this writing that the Department of Department of Homeland Security to Homeland Security is not going to per- grant special immigration status to mit visa waivers for these two nation- people who have been in the com- alities after November 2009. monwealth for at least five years, The entire economy of the com- have no police record, and are self- monwealth is dependent on imported supporting. Rumors abound, and the labor, currently recruited primarily wishful thinking of many contract from the Philippines, Bangladesh, and workers is that something will be done China, among other places. Up to to give long-term residents improved now, these workers were allowed into immigration status (permanent CNMI the commonwealth without visas, and residency, a green card, and a pathway for those with a valid work permit to US citizenship). This issue is also there were only casual airport con- very controversial at the federal level. trols. Requiring visas from US con- Meanwhile, Governor Fitial took it sular authorities will make recruiting upon himself to contest the authority new workers extremely difficult. There of the federal government to federal- is some talk of having transitional ize the immigration functions of the worker provision, to allow workers commonwealth and hired a private who are legally in the commonwealth Washington dc law firm to represent now to continue working until the him. The governor claims that no expiration of their contracts. New public funds are being used to pay for categories for workers may also be the lawyers, but a freshman legisla- determined for the Northern Marianas tor, Representative Tina Sablan, has only. petitioned the CNMI Superior Court, Many foreign (“nonresident”) under the Open Government Act, to contract workers have resided in force the governor to reveal the source the commonwealth for more than of his funding. The Open Government pol i t ical reviews • micronesia 147 Act requires government agencies Schools and Colleges (wasc), the except the legislature (which exempted accreditation agency for Northern itself when passing the law) to open Marianas College, downgraded the their files to citizens concerned about college’s status from “probationary” agency policies.
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