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Attorney, Private Practice 2000-present Former Senate Legal Counsel 1994-2000, Northern Marianas Commonwealth Legislature Chief Consultant, 1985 Northern Marianas Constitutional Convention

Sunday, October 7, 2012

And in his own words . . . .

Notice that he hands it all off to the Attorney General's Office -- the defense of his alleged personal misconduct in arranging to have a federal detainee escorted from the jail to his residence to give him a massage.

He doesn't need to hire a private lawyer; he can call on the office responsible for prosecuting crimes to defend him.

The Articles of Impeachment (article III) charge him with committing theft of services only for his use of Department of Corrections personnel and resources to get a personal massage from one of the inmates, but his use of the Office of the Attorney General to defend him from charges of misconduct stemming from this incident would appear to be equally theft of services and corruption.

Theft of services occurs when a person (ie. the Governor) having control over the disposition of services of others (i.e. the Department of Corrections; the Office of the Attorney General) to which the person is not entitled knowingly diverts those services to his or her own benefit.

So far as I know massages provided by inmates at the Department of Corrections are not part of the compensation package for the Governor. Neither is legal defense against charges of misconduct outside of the scope of his employment (e.g. a DUI citation). Thus, he was not entitled to those services provided by Department of Corrections or by the Office of the Attorney General. And it certainly cannot be argued that he did not knowingly divert those services to his own benefit.

Theft crimes are considered "crimes involving moral turpitude" or CIMTs. A non-citizen (i.e. alien) having the misfortune of being convicted of such a crime becomes removable from the United States. We are all familiar with the Governor's attitude toward uppity aliens ("They are all illegals.").

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