The Republic of Palau has been without a Special Prosecutor for two years and nine months; that is, since February of 2010 when the last Special Prosecutor resigned. Now, less than two months before a change in the administration, Senator Toribiong is moving to finalize his Committee’s recommendation on the appointment a Special Prosecutor. If confirmed, the Special Prosecutor would serve a term of five years.
The proposed SP, Brently Foster, is currently employed with the Attorney General’s Office (AGO). The AGO acts as legal counsel to the Republic and the President. In her capacity as an Assistant Attorney General, Foster has already reviewed approximately 45 cases from the former SP’s Office. Foster has also prepared a status report on each of these cases. The Attorney General, in a her letter recommending Foster, admitted that she has reviewed Foster’s status report on each of these 45 cases. However, these cases were assigned to the SP so that they would have the “have the greatest degree of independence” from the President. 2 PNC §503(a)(2). This raises an immediate concern as to whether her complete independence hasn’t already been compromised.
The Resolution to confirm Ms. Foster was referred to Senator Toribiong’s Committee more than three months ago. Yet, it was just this week, on November 19, 2012, that Senator Toribiong requested his Committee meet at Joe’s Bar and Restaurant to finalize its recommendation. If he brings the matter to a vote, it can be decided while the so-called majority block of eight still controls the Senate. Nine Senators are required for a quorum, but if the 5 minority Senators do not attend the session for voting on this matter, they could effectively block Foster’s SP appointment.