Senator Togiola Tulafono has resigned as the Chairman of the Senate Select Investigative Committee and also as a member of the committee.
He verbally gave his resignation at a hearing of the SSIC this morning into the vehicles imported from China which have been seized by Customs.
At the start of the hearing, and with ASG witnesses seated, Senator Togiola said that Senate President Pro Tem, Senator Magalei Logovii had brought up complaints and questions from the public about a potential conflict with his dual role as Chairman of the SSIC looking into the imported vehicles and being counsel for the businesses that imported the same vehicles.
According to Togiola he had also discussed this with the Attorney General and the answer is “there is no conflict.”
He said during the course of the SSIC proceedings, if there was any conflict in his role as an attorney and as senator, he would remove himself and let the vice chairman take over. He would also not be involved in any decision making where there would be a conflict.
Senate President Tuaolo Manaia Fruean put this question to Togiola.
Play Audioquestion-from-tuaolo
Togiola responded that it would be up to the committee to decide if he should remove himself, adding that it was the committee that appointed him as chairman. “If it’s the will of the SSIC that I remove myself, I would be happy to,” he said.
Tuaolo pointed out that members of the public have questioned Togiola’s dual role and some feel that he was building his case from the information being gathered through the SSIC.
He said there’s a code of ethics that lawyers follow in such situations. But it was up to Togiola to decide whether or not there was a conflict and if he should remove himself. Tuaolo added that this was for the protection of not just the committee but also for Togiola himself, given the complaints from the public.
Togiola said in view of statements that he was building a case from the information being gathered, he felt it was unfair for him, to the clients he’s representing, and also to the Committee that he continue. Therefore he is resigning as Chairman and allow the vice chairman to lead the SSIC proceedings. He also declared that he was ending his membership on the committee. He then left the chamber. 
Tuaolo said as leader of the Senate who was chosen by the membership it was his duty to protect the dignity and reputation of the Senate. He added that the SSIC ‘s main focus from the start was the legality of the treasurer allowing partial payments for excise taxes, but the documents that the government has been requested to provide are for containers that were importer over a long period of time. “Who is going to go through all those documents?” he asked.
Senator Magalei announced his decision to excuse the witnesses: Attorney General Gwen Tauiliili Langkilde, Assistant Attorney General Louise Lafitaga and Chief of Customs Iuliano Falaniko.
After the witnesses left the chamber Magalei said he hoped Togiola stayed so they could ask him questions and have a discussion. He said he felt it was necessary to raise the question of a possible conflict of interest in Togiola being chairman of the SSIC and also representing parties that imported the vehicles from China.
Magalei also told the committee that since the matter is now before the courts , the SSIC should let the case proceed and for the time being suspend their hearings on the vehicles. 
On Monday, the Attorney General’s Office filed a motion before the Senate, to quash the subpoena issued to Chief of Customs Iuliano Falaniko and the Department of Treasury.
The motion cited that the subpoena fails to provide adequate evidence of a valid legislative purpose or to show that the subpoenaed documents are relevant and material to a proper legislative purpose. Further that the subpoena is overly broad and unduly burdensome by reason that it demands that Customs produce all individual manifests of, and lists of the shippers and consignees for every ship and aircraft that has docked or landed and unloaded cargo in American Samoa during the past year, and the bills of lading and declarations of the consignees of the cargoes of all these ships and aircraft.
In addition, it would take 2o staff members three months and an estimated 2000 overtime hours to open storage shipping containers, sort, mark, gather, assemble and make copies of the extremely voluminous subpoenaed documents and information demanded in the SSIC subpoena.
