Palau’s AAG Foster Claims No Conflict Exists That Necessitates Her Withdrawal From Consideration As Special Prosecutor

The Senate was scheduled to take a vote on the confirmation of Brently Foster, visit the President’s Special Prosecutor nominee, hospital on November 28, 2012.

On November 27, 2012, the Minority bloc compromising of Senators Camsek Chin, Hokkons Baules, Raynold Oilouch, Surangel Whipps Jr., and Tommy Remengesau Jr. sent a letter to Brently Foster affirming their opposition to her appointment and requesting her to withdraw her name from consideration.
The basis for their request is that as an Assistant Attorney General (AAG) Brently works under the President and that as such the ABA Model Rules of Professional Conduct prohibit her from prosecuting him or any former clients in the future.
The minority bloc explained that being ethically barred from prosecuting President Toribiong would prevent her from undertaking the prosecution of  “a government official who, in [their] view, requires extensive investigation.”
In a responsive letter, dated November 28, 2012, Foster disagreed that there would be any conflict if she were to become Special Prosecutor because as an AAG she claims that her “sole client is the Republic of Palau.”  Under the law, the “Attorney General” is defined as “the legal officer on the staff of the President” who not only advises the President, but who also performs all tasks assigned by the President.  18 PNC §101(b); Executive Order No. 203.  Despite this statutory responsibility, Foster does not believe that even as a member of the Attorney General’s Office that Palau’s President is her client and that he is entitled in the future to her protection as a client.
The minority bloc has announced that it will not to be present at the legislative session on her nomination in order to spare Foster “the indignity of being voted down.”
OTV has learned that Foster’s nomination did not come to a Senate vote as scheduled on November 28, 2012.