Say “Nay” To Adam Christian (Updated)

November 20, 2009

(Editor’s Update: Despite the potential issues and unanswered questions that remain concerning his role as legal counsel to Governor John P. deJongh, Jr,, Atty. Adam Christian was favorably recommended Friday for a seat on the bench of the Superior Court by the Legislature’s Committe on Rules and Judiciary by a vote of 5-2, and will now move into confirmation hearings before the full Legislature.  We will post a full analysis of today’s hearing Saturday on CIF.)

It really shouldn’t even be happening now.

The Committee on Rules and Judiciary of the 28th Legislature, chaired by Sen. Michael Thurland, will meet on Friday to consider the nomination of Atty. Adam Christian, put forth by Governor John deJongh, for appointment to the bench of the Superior Court.

They will consider whether Christian, who has served as deJongh’s counsel since January, 2007, possesses the  knowledge, experience and character necessary to sit in judgment on the interpretation of the laws of the Virgin Islands and to issue orders that assure that those laws are followed as they were intended.

It should be a very short session.

A review of the record since January, 2007, should be sufficient to determine his fitness for the bench. The actions that triggered the “Mafoliegate” scandal began with a flawed opinion from then Acting Attorney General Elliot Davis, an opinion we must presume was reviewed by Christian. That opinion supported deJongh’s violation of the provisions of the Revised Organic Act concerning the governor’s official residence and the use of public funds that the Legislature did not authorize to make improvements to his private home at 23-8 Estate Mafolie. Did Christian point out the flaws to deJongh? If not, why not? If so, and his advice was ignored, then on what basis is the Governor making this nomination?

 And in October, when the Legislative hearings were held to investigate the Mafoliegate matter, Christian, without prior notice, chose not to testify.

Conversely, Christian was a highly visible figure in the activities that led to give-away deals to Diageo and later Cruzan Rum. In the case of Diageo, a year of negotiation resulted in a 60-year deal that obligates 45% of the rum cover over revenues to the distributor, in addition to the $200+ million in bonds and exhaustive tax breaks to locate their plant on St. Croix. Payoff to the Virgin Islands – 40 jobs.

And in the recent hearings on Cruzan Rum, which obligate 46% of those cover over revenues to the rum producer, Christian was unable to adequately address questions posed by the Committee and another testifier was called in to respond to the inquiries. Are these the actions of competent legal counsel?

The questions go on. What was his advice to the Governor concerning the Constitutional Convention and his legal obligation to forward the document to the President of the United States? Was he unaware of or did he choose to ignore the conflict of interest issues raised every time the Governor (who is also chairman of the Public Finance Authority) approved the use of public funds for the improvement of his personal residence? What is his court record? What litigation history exists to establish his approach to interpreting the law?

With all these pending issues, why is this individual even under consideration for a seat on the bench at this time?

Under the circumstances, the only responsible action the Committee can take is to recommend that the nomination be withdrawn until the Mafoliegate issues are resolved.

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87 Responses to Say “Nay” To Adam Christian (Updated)

  1. T on December 7, 2009 at 8:15 am

    If Senator Donastorg starts early and run his campaign like a well-oiled machine, there is a good chance John deJongh would end up losing BIG in the primary. In fact, he could end up being the first elect governor in the history of the Virgin Islands to lose in the primary.

  2. Anonymous on December 7, 2009 at 9:44 am

    That would be his just desserts!

  3. James on December 8, 2009 at 8:22 am

    They already got the votes for adam christian, same on those senators for supporting him.

  4. EyesWideOpen on December 8, 2009 at 8:54 am

    A response to Dennis’ question:

    The chances of Donastorg defeating De Jongh in the Democratic Primary hinges on “who is selected for Lieutenant governor.”

    An” excellent pick” is what THE PEOPLE-THEM SAY is required!

    Once De Jongh is defeated though, the next question is this: to whom or to which camp do De Jongh’s “generals and foot soldiers” go?

    Which way THEY GO may affect the ”outcome” of the general election.

  5. T on December 8, 2009 at 9:10 am

    How do know that Gov. deJongh’s “generals and foot soldiers” won’t throw him under the bus before the primaries?

  6. ENOUGH! on December 8, 2009 at 2:00 pm

    A defeat of Dewolf in the primary would be the sweetest most sought after victory for the people of the US Virgin Islands! Let’s “geh rid of him, one time!”

  7. T on December 28, 2009 at 8:04 am

    CIF, did you hear the news that the Superior Court is forcing the governor to forward the Constitution draft to President Obama? I wonder if the governor would follow the judge’s orders.

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