From the Department of Justice Web Site

History:

The office of the United States Attorney was created by the Judiciary Act of 1789 which provided for the appointment “in each district of a meet person learned in the law to act as attorney for the United States… whose duty it shall be to prosecute in each district all delinquents for crimes and offenses, recognizable under the authority of the United States, and all civil actions in which the United States shall be concerned…” 

United States Attorneys:

The United States Attorney serves as the chief law enforcement officer in each judicial district and is responsible for coordinating multiple agency investigations within that district.

There are currently 93 United States Attorneys stationed throughout the United States, Puerto Rico, Guam, and the Northern Marianas. One United States Attorney is assigned to each judicial district with the exception of Guam and the Northern Marianas, where a single United States Attorney serves in both districts.

Appointment:

The President with the advice and consent of the Senate appoints United States Attorneys for a four-year term. Upon expiration of this term, the United States Attorney continues to perform the duties of the office until a successor is confirmed. United States Attorneys are subject to removal at the will of the President.

In the case of Guam and the Northern Marianas, Fred Black was the First Assistant and Assistant United States Attorney for Guam and the Northern Marianas, serving in that capacity from March 1984 – August 1991.

Two days after the 2002 election on November 8, 2002, governor-elect Felix Camacho sent a letter of endorsement for Black for United States Attorney for Guam and the Northern Marianas to the White House. The letter highlighted Black’s long history on Guam, his close ties to the island, his successful record of accomplishment in trying major cases to include white-collar crime, corruption and drug cases, high conviction rate, his willingness to pursue even the most difficult cases, and Black’s reputation as a strong, fair US Attorney who will clean up corruption on Guam, as reasons why the new administration was “seeking the President’s favorable consideration in continuing the appointment of Attorney Black…”

Black has never been appointed to the position of US Attorney despite eleven years in the interim position. He accomplished many successes and received many awards as a court appointed US Attorney since retired district court judge, Cristobal Duenas appointed him in August 1991.

In November of 2001, Black visited and informed David Sablan, Republican Party Chair, of his interest in the position of US Attorney. Sablan told Black that a nominee has already been endorsed and communicated to the White House, but would keep Black’s resume in case the nominee was not successful.

The endorsement of Leonardo M. Rapadas to the White House preceded Black’s visit to Sablan by seven months.

In the spring of 2001, the titular head of the Republican Party, Speaker Antonio Unpingco, called the Assistant Attorney General of Guam and Head of Violent Crime Unit, Lenny Rapadas and asked him if he would be interested in the position of US Attorney. Rapadas met and spoke to Unpingco and accepted his offer and on the same day met and spoke to the Republican Party Chair, David Sablan. Sablan concurred with Unpingco’s choice and directed Rapadas to submit his application on-line. Shortly after their meeting, Sablan informed and solicited the support of the co-chairs of the Bush for President campaign on Guam, members of the Republican National Committee on Guam and the Coalition of Pacific Islands Republican Parties for the Rapadas nomination. Rapadas was not a sole consideration of the Republican Party for the position.

Sablan felt that the a collective and unified endorsement of Rapadas by the Republican National Committee on Guam, and the Coalition of Pacific Islands Republicans Parties would strengthen the nomination. He was right.

A letter from Amata Coleman Radewagen, Member for the American Samoa and Chairman Bush for President Campaign in American Samoa, to the Honorable Clay S. Johnson, Assistant to the President and Director Office of Presidential Personnel, dated September 12, 2001, recommended in behalf of the Coalition, for the consideration of the President, the name of Leonardo M. Rapadas for the position of United States Attorney for Guam and the Northern Marianas.

The second paragraph of Radewgen’s letter reads, quote, “This recommendation also carries the endorsement of the Honorable Antonio Unpingco and the Honorable Kaleo Moylan, the co-chairmen of the Bush for President campaign for Guam.” 

On November 19, 2002, after successfully undergoing the vetting process at the White House, and an intensive background check with the Federal Bureau of Investigation, President George W. Bush announced his intention to nominate three and appoint three individuals to serve in his administration.

The press release said, “The President intends to nominate Leonardo M. Rapadas of Guam, to be United States Attorney for the District of Guam and the Northern Mariana Islands, for the term of four years.”

Although Rapadas’ nomination was sent to the Senate for confirmation, the 107^th returned the nominations to the White House with instructions to resubmit it when the 108^th convenes this month. The other two nominations for the position of US Attorney are Humerto S. Garcia of Puerto Rico, and Ellen L. Weintraub of Maryland.

Rapadas and Black are two outstanding and qualified attorneys interested in the position of US Attorney but the nature of their endorsements created interest and controversy here on Guam. Especially after a letter was made pubic that the new administration endorsed Black two days after the November 2002 election.

Calls to the US Department of Justice Public Affairs office referred NewsTalk K57 to the White House for comment. Calls to the White House resulted in a one line official statement. “It is our policy - we do not speculate on personnel matters.”

However, sources close to the White House and the Republican Coalition informed K57 radio that the White House would be retransmitting the nomination of Rapadas to the Senate for confirmation after they are sworn in this month.

Swearing in ceremonies are scheduled for today in Washington D.C.

In a telephone interview last night, K57 learned that Senator F. Randal Cunliffe, Chair of the Committee on the Judiciary in the 27^th Guam Legislature, was informed that the Camacho/Moylan team would endorse the President’s nomination. Cunliffe would not disclose his source in the Camacho Administration.

We invited Rapadas and Black to the studio to discuss the matter, Rapadas accepted but Black declined a studio interview but stated that he would support the President’s nomination and is prepared to assure a smooth transition if Rapadas is the President’s choice.

For NewsTalk K57 -- this is Rlene"Live"