Attorney General Douglas Moylan’s Statement on Superior Court Decision Disqualifying Him from Prosecuting Corruption Case

Guam Attorney General Douglas Moylan is facing a major setback in his efforts to prosecute alleged government corruption cases, as the Superior Court has disqualified him from handling a high-profile case against former Department of Public Health and Social Services Director Art San Agustin.

In a statement released on July 1, 2024, Moylan expressed his concerns about the court’s decision, calling it an interference with the democratically elected Attorney General’s ability to represent the people of Guam and enforce the laws, especially against public officials accused of breaking the law.

Moylan highlighted the importance of the Attorney General’s Office temporarily withdrawing from representing government departments and agencies under investigation, and instead focusing on prosecuting them if necessary. He criticized the Guam trial courts for what he described as “Judicial Activism” and accused them of re-writing Guam law to disqualify him from prosecuting the case.

The Attorney General emphasized that the decision hinders the people of Guam’s ability to elect an Attorney General to fight crime and corruption, particularly against public officials. He argued that removing an elected AG undermines the mandate of the people to prosecute corrupt government officials to the fullest extent of the law.

Moylan vowed to challenge the decision, stating that he plans to bring a motion for reconsideration before Judge Terlaje and has a petition for rehearing pending before the Supreme Court of Guam. He raised questions about the legality of replacing a democratically-elected AG with a “special prosecutor,” citing violations of the Separation of Powers doctrine and the Organic Act’s structure of the territorial government.

The Attorney General’s statement underscores the legal and democratic implications of the court’s decision, as he seeks to uphold his duty to protect the people of Guam and enforce the law against corrupt officials. The case is expected to continue to unfold as Moylan fights to have the disqualification overturned and resume his prosecution efforts.