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TCF inmate Barlow adds Secretary of Interior to court case challenging his prison sentence

James Genne Barlow — in a photo from his GoFundMe site.
fili@samoanews.com

Pago Pago, AMERICAN SAMOA — Territorial Correctional Facility inmate, James Glenn Barlow, has included David Longly Bernhardt, the U.S. Secretary of Interior, as another respondent in his petition for Writ of Habeas Corpus now pending before the federal court in Washington D.C.

Barlow amended his complaint to include Bernhardt on Dec. 12, 2019 after his petition was transferred from the Honolulu federal court, which ruled Nov. 12, 2019 that the “petitioner can perfect the form” of his petition in the federal District of Columbia court upon transfer, i.e., by amending the petition to name the Secretary of Interior as respondent.

US District Court Judge Jill Otake of the Honolulu court ruled that because petitioner filed a habeas corpus petition challenging his detention in American Samoa from a conviction in the High Court of American Samoa and the U.S Secretary of Interior has plenary authority over the judicial system of American Samoa, the “proper venue” is the federal D.C. court.

The other respondent who remains part of the case is Tauese Va’aomala Sunia, the TCF warden, according to court records, which also shows that Attorney General Talauega Eleasalo Ale has been added to Tauese’s legal team, along with attorneys from a law firm in Honolulu.

Removed as respondent is the former ASG Hawai’i office director.

In the amended petition, Barlow said the United States President has delegated authority over American Samoa to the Interior Secretary who is empowered to take such action as may be necessary and appropriate, and in harmony with applicable law, for the administration of civil government in American Samoa.

Additionally, the budget for the territory, and all laws passed by the territorial legislature — including those relating to the organization of the courts — must be submitted to the Secretary for approval.

Furthermore, the Secretary possesses plenary authority over the judicial system of American Samoa and Respondent Sunia and is therefore a proper respondent in this case.

Court records show that the Secretary was issued a notice by the court clerk on Dec. 19th regarding the pending case, before US District Court Judge Emmet G. Sullivan.  The Secretary is expected to respond later this month.

Barlow’s legal team includes his Hawai’i based attorney Bentley C. Adams III, who had previously worked in American Samoa and maintained his membership with the American Samoa Bar Association. As previously reported by Samoa News, Barlow is currently serving a 24-year prison term in American Samoa for a conviction in a case involving three male juveniles.

In his petition, Barlow sought federal habeas relief under federal law, arguing that various components of his trial violated his rights under the Fifth and Sixth Amendments of the U.S. Constitution. (See Samoa News Dec. 2, 2019 edition for details.)