Moylan Political Stunt Risks Loss of Over $100M

Hagåtña, Guam – The Office of the Governor of Guam issues the following statement in response to the Attorney General’s latest filing in the District Court of Guam: 

“Attorney General Moylan’s latest stunt suing to disrupt the medical campus project 11 days before the obligation deadline for ARP funds reveals that his chest-thumping self-interest exceeds what little concern he has for the interests of our community. His claims are baseless, but his intent is clear: He does not care if his actions cause our people to lose over $100 million in federal funds. All he cares about is his vulgar political ambition.

The American Rescue Plan Act was passed in 2021 and the Attorney General has been in office for almost two years. If he truly believed these funds needed to be reappropriated before they were utilized, he could have and should have brought his suit earlier, instead of waiting for the eleventh hour to complain only about a single project that he happens to disagree with. The law in this area is well-settled – the Legislature has no control over federal grant funds that are given for a specific purpose, are fully federal (no local funding required), and have no requirement to be under local control. The Attorney General’s Office made this very argument before the Guam Supreme Court just last year, supporting the Governor’s control over CARES Act funds and denying that the Legislature had any control over those funds, and the Court agreed with them. The AG’s impulsive and inconsistent actions show that this is not about the law at all, it is about disrupting the Administration’s hard-won progress toward the construction of a new hospital, which our island so desperately needs.

Because the AG is seeking an injunction, court rules require him to provide a bond in an appropriate amount to pay damages if he is wrong. Here, that could mean Guam loses out on over $100 million in federal funds.

If the AG insists on filing baseless complaints, he better be prepared to pay for it. He doesn’t have the right to disrupt this process and leave the people of Guam holding the bag.”

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