“IT IS WITH GREAT SADNESS AND SHAME…”
To the Editor, The Governor, The American Samoa Government, and The Judiciary,
It is with Great Sadness and shame that actions of the Governor and the American Samoan Government have made brave, noble, and courageous individuals cry with sorrow, remorse, and tragedy relating to denying an individual entry to American Samoa to attend the funeral of a departed loved one, even though he was tested negative, and had support of the congresswoman, and had made the journey on a FEMA Coronavirus Free Flight.
It is with Great Sadness and shame that an elected official, the Governor, speaking on behalf of himself and the Government openly state to the press that the role of the newly confirmed Attorney General is in part to find a way to make legal actions by himself and the Government that are incorrect or problematic.
The Governor said, as reported in an August 18, 2020 Talanei News story, of the newly confirmed, first female Attorney General, that “her job is to correct or make legal any decisions that they make, adding that if some decisions are problematic or incorrect she should find a way to make them legal.”
The intention of the Governor that the role of the Attorney general is for correcting and making legal problematic or incorrect decisions, and find a way to make them legal, is contrary to the true role of the Attorney General, which includes an obligation to take legal action against the Governor and Government when they make problematic, incorrect, and illegal decisions that violate the law and that violate the constitutional rights and civil rights of the People.
The role of the Attorney General is to check and balance the abuses of power and discretion of the Governor and the Government, and even to take legal action against the Governor and Government, as well as to enforce and prosecute the law against members of the public that violate the law.
It is with Great Sadness and Shame that the Governor and the American Samoan Government improperly gave $500,000 each to the Judiciary and the Legislature for the Governor’s intended purpose of remote offices at home, and that Richard Delmar, the Deputy Inspector General of the Office of the Inspector General has publicly ruled thus far that the $500,000 improperly given to the Fono from CARES Act Funds must be returned.
The Judiciary has sadly not avoided the appearance of impropriety, and has not yet on its own returned the $500,000 improperly given by the Governor with the intention of remote home offices, in apparent violation of the American Bar Association Judicial Rules of Conduct, harming public confidence in the Judiciary due to the appearance of impropriety. Section 1109(i) of the CARES Act authorizes criminal penalties, under existing law, for fraud or other misconduct in seeking or using the Public Health Emergency COVID-19 relief funds. There has yet to be a ruling on the matter of the Governor giving $500,000 to the Judiciary with the same improper intention as to the Fono members of the Legislature of remote home offices.
It is with Great Sadness and Shame that the Governor and the American Samoa Government repeatedly discriminate against and deny civil and constitutional rights of entry to American Samoa, rights of peaceful and peaceable public assembly, and rights to freedom of religious expression while denying equal protection under the law; whereby there is a privileged group associated with the Korean owned company STARKIST and its directly documented business affiliates that are substantially exempt from the unconstitutional restrictions. It is a criminal violation of federal law 18 U.S.C. 242 Deprivation of Rights Under the Color of Law for any individual, including the Governor, as well as the Judiciary to discriminate against, and violate our constitutional rights.
It is with Great Sadness and Shame that there have been multiple formal complaints to the FBI, the Offices of the Inspector General of both the Treasury and the Interior for misuse of Taxpayer CARES Act funds that are so obvious, that Richard Delmar, Deputy Inspector General referred to the CARES ACT Online Frequently Asked Questions FAQ in his July 14, 2020 ruling that the CARES Act funds given by the Governor to the Fono for the intended use of remote home offices was improper, and had to be returned.
A potentially more more clear and forceful word than “improper” is defined in the CARES Act when addressing the misuse of funds. Again, Section 1109(i) of the CARES Act authorizes criminal penalties, under existing law, for fraud or other misconduct in seeking or using the Public Health Emergency COVID-19 relief funds. Thus far, very few of the checks to the Fono members have been returned, and the Judiciary has not avoided the appearance of impropriety and has apparently not returned any of the $500,000 either.
It is with Great Sadness and Shame that the Governor and the President of the Senate and the Speaker of the House have publicly acknowledged making personal independent and joint decisions to allocate CARES Act Taxpayer COVID-19 Public Health Emergency funds, without following appropriate legislature procedures.
Every cent of misused CARES Act Taxpayer COVID-19 Public Health Emergency funds will have to be returned, under enforcement from the Office of the Inspector General of the Department of the Treasury as well as the FBI.
It is with Great Sadness and Shame that there have been multiple public protests in the streets against alleged corruption by the Governor, American Samoa Government, with some crying out against alleged corruption by the Judiciary, which is forbidden by American Bar Association Judicial Code of Conduct from appearance of impropriety and actions that undermine public confidence in the Judiciary.
This letter is a clear open call for self-regulation by the Governor, American Samoan Government as well as the Judiciary rather than the reliance on formal complaints to the FBI, Offices Of Inspector General, Department of Treasury, Department of the Interior and the Justice Department for misuse of funds, violations of civil and constitutional rights, an violation of the American Bar Association Judicial Code of Conduct which the Judiciary must obey as the law.
Kindly ask any and all questions
Steven Jay Pincus Hueter