My Thoughts on Massage-Gate

Another perfectly beautiful day in paradise! Blue skies with some white clouds. Sunshine, moderated by refreshing breezes. Cadena de amor, a pesky vine with very pretty, small pink-petaled flowers, is in bloom.
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Before I go and read all the blogs and comments and talk with others, I'm just going to give some gut-level responses to the headline news that Judge Munson quashed the subpoenas in "massage-gate."

He's acted promptly. No one can say he dallied about on this.

He's articulated reasons that make sense (at least to lawyers). Separation of powers and the restraint of the court from participating in the government's investigation are not pretty or popular sound-bites, but they are important foundations of our legal jurisprudence and our system of government.

He's acted fairly and neutrally. I'm guessing he's as curious as the rest of us to actually find out what happened. But he didn't let his own curiosity or disgust about the situation overtake his judgment.

I don't like the outcome, but I'm not fair and neutral. I am disgusted and wanted some heads to roll. Still, I can't fault Judge Munson for reaching this decision.

Now, we'll have to see if this is the end of Massage-gate, or if there will be more federal investigation, more action by the court. I sincerely hope that the Governor is required to pay for his serious and flagrant abuse of power.

Because I don't agree with the Tribune's headline news or the Governor's take that "the truth has prevailed." We haven't heard the truth yet. It hasn't yet prevailed. Ed Buckingham represented the Governor, but he didn't represent the people in this matter. He has won nothing for us.

We did get this, though, from the order:

According to the declaration of Captain Georgia Cabrera, it appears that movant (Dolores San Nicolas) left and returned to the Governor's room several times during the treatment, presumably leaving the defendant unattended by any corrections officer for some periods of time...This conclusion is supported by the declaration of Corrections Officer I Abigail Borja...

So at least we know that the defendant was not really in custody all of the time. The spin of the Administration isn't fully supported by the existing factual record, as thin as that record is. And so there are still many, many unanswered questions.

And Stanley Torres is wrong. Shutting up and not disclosing in full public view the answers to the many questions does not put an end to the controversy. It will simply fester.

A Chance to Comment

I wish this letter by Sylvia Haywood was in the Variety where people could comment. It's not.

Sylvia sets Lee Anderson straight, given his ridiculous letter on massage-gate.

I don't get the volume of traffic the Variety does, but if anyone wants to have their say, feel free!


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Edit: I forgot to add my "weather" notes: When I wrote this, the sky was blue with a few white clouds, sunny day but cool and without humidity-perfect! Ocean purple and green. It's that time of year in Saipan when it is so beautiful outside you you can't imagine living anywhere else! Until you remember the politics.

Just When It's About to Clear...

Rain, gray skies, and very cool temps all week; the ocean has been slate gray, too. Today, there's some blue and green in the water, the sun is starting to glare through the clouds, and the rain has stopped (although it was still cool this morning).

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If Governor Fitial had only kept his mouth shut one more day, the story of Chinese Take-Out / Massage-gate would have been off the front page and possibly not even in the news at all. (Well, except for the Tribune, which seems to be running its stories days late, now telling us today they "learned" about Cheng's legitimate job at Yu Yu Spa--They probably learned about it from reading Wendy's Blog!) But the Governor is keeping the story alive and fresh, and he says now that he did not "order" the "release" of the federal detainee, Qingmei Cheng.

This statement sounds like the semantics game that President Clinton tried (and lost) when he said he didn't have "sex" with his intern. As if a blow job was not sex.

And for Fitial, as if a "request" to an employee who "serves at the governor's pleasure" and can be sacked at any time by you, and who knows you will not hesitate to terminate her employment, is anything other than an order.

It always makes me nervous when the Governor throws out a smelly bone and the media hounds go chasing after it; I wonder whether that is to distract the media and public from something else, something worse.

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It's also quite clear this (massage-gate) incident is not an isolated incident, either from the Governor's side or from the Department of Corrections side.

The Governor previously rescued this same "masseuse" from arrest for loitering, making this at least the second time she's been brought by police/correction officials to the governor's mansion to give him a massage.

And DOC's Dolores San Nicolas has (allegedly) at least once before ignored a court order about detention of a person with court-ordered conditions. She allowed her husband, after the court sentenced him to jail without release, to visit the crime scene ostensibly to retrieve a gun (!), and that place happened to be the home of his victim.


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Dolores San Nicolas has her hands more than full. Wally Deleon Guerrero died in his cell at DOC, an apparent suicide. Wally was being held on domestic violence charges.

Condolences to Alice Guerrero and family.

And now to the political side of this tragedy: why doesn't DOC has sufficient measures in place to prevent this?

And will the next "apparent suicide" be Qingmei Cheng?

DOC does not sound like a safe place.

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3 days down; 362 days to go

The Saipan Tribune has today, Friday, published this as news: Fitial in pain.

This news report is predominantly spin, with some very lame excuses:
1. The DOC chief Dolores San Nicolas takes responsibility. She tried to reach the AG and a U.S. Marshall first, but couldn't.
2. Fitial was in severe pain.
3. His wife was present throughout.

On #1
Of course Dolores San NIcolas is responsible for her role in this. But her job security depends on the Governor, and he called her and "asked" for the prisoner to be brought to him. He is also responsible.

Both should face consequences for their actions. Those consequences should include both employment discipline /loss of their jobs and criminal contempt/other charges.

Also, the veracity of their statements should be thoroughly tested. I hope the Feds get the communications records to confirm whether San Nicolas made such phone call/attempts to the AG and the US Marshall. Can records show this?

On #2
It makes no difference how the Governor felt as to the abuse of power. You don't get to use prisoners for your personal needs because you have personal needs and are the Governor.

Also, is this believable in light of his conduct public appearances on that day and the next? The Governor has had medical problems; and those do relate to his back, which means he could be in pain. It's plausible. Yet there are no reports that he seemed in any way to be slower, in pain, uncomfortable on the days leading up to this or the next day.

On # 3
It makes little difference what his wife did to the Governor's abuse of power. The abuse is getting a federal prisoner out of detention for your personal services. I'm sure in the public's eye that massage is less scandalous than prostitution, but both are equally weak as legal support for the Governor's actions.

There there is the question of whether this is believable. Quite frankly, I'm having trouble believing it. But I wasn't there, and don't know. But then I keep going back to the photograph of the first couple, and the anger and unhappiness in the faces of Josie and Ben. At the inauguration, when they should be celebrating.

Just makes me skeptical.

So what do we call this scandal? I've seen "rub-a-dub-dub gate" but I don't much like that, because it makes me think of bathtubs not massage. Other ideas? "Chingching gate" or "Pain-Relief-gate"?

You can watch the KSPN news on this story here.

2 Days Down, 4 Years 363 Days to Go...

Governor Fitial has been in office on his new term for 2 days. And today's news is staggering--both entertaining and awful.

The Variety reports that Governor Fitial had DPS bring over a federally-detained prisoner, held at DOC by federal court order because she was deemed a flight risk. Why did she visit Governor Fitial? To give him a massage.

I wondered why the CNMI'S First Lady was looking so angry and why Governor Fitial looked like he was stone-walling in this Inauguration Day photo in the Trib by Haidee Eugenio:


Now we can guess!


Okay--so you already know. The comments on the Variety site and on Wendy's blog are great (and numerous).

But just in case those forums aren't enough for you to vent your feelings, feel free to comment here, too.

Some thoughts:
1. The feds really do need to get their own detention facility. The CNMI DOC is not safe, secure, or free from influence and pressure.

2. I always thought Governor Fitial was smart. I don't like him as a Governor; I disagree with his policies, politics, and priorities, but I thought him intelligent.

3. Was this the stupid mistake that a smart person can make? Was this done because he's in pain and really does depend on this massage therapy? Was it a stupid weakness and desire for some relationship? Or was this an excuse to meet with this woman for some other reason? Is he involved in her legal entanglements? Or worse, involved with her in some illegal activity?

4. The Governor seems to be surrounded by suspicious and criminal or corrupt people: his former lieutenant governor Tim Villagomez is in federal prison for corruption related to the utilities company; his former driver was just sentenced on a federal charge related to ice/methamphetamine; and now his masseuse has been arrested for attempting illegal entry into Guam.

5. We need information. Suspicions are poison. Some of us will believe the worst of Governor Fitial (despite Joaquin Romolor's pleasant letter). Some of us will defend him, no matter what (and probably because we're depending on him for a paycheck or favor). But no matter which side we're on, we need information so that we can be honest, make informed opinions.

and that gets me to this question...

6. Why didn't the Tribune report on this matter? At least as hard news, to the extent that the Federal Court asked for a report from the AG on why the governor did this, or what happened, etc. The Trib has its bent in favor of Fitial, but it usually at least includes the real news.

7. And one last comment. The federal government's motion language, as reported on Wendy's blog, seems mild. They want to "determine whether any prejudice was caused thereby." I guess they're letting the facts speak for themselves.

It is always interesting in Saipan; news is entertainment! Politics is side-splitting funny.

Too bad we need to laugh to keep from crying.