Checkmate: Days That Changed The History of Puerto Rico Part I
From San Juan, Puerto Rico
José E. Velázquez Luyanda
Co-Editor of The Puerto Rican Movement: Voices From the Diaspora
Day of Rosello Resignation. Courtesy of Noticentro PR
I landed at Luis Muñoz Marin Airport in San Juan, Puerto Rico on July 30th, a few days before the announced August 2nd resignation of Puerto Rico’s Governor Pedro Rosello. By chance I met the Univision (NY) journalist who had been sent to report on these historical events directly from Puerto Rico. While we waited for our suitcases, social media speculated about growing opposition to Pedro Pierluissi who was to be nominated as Secretary of State, therefore becoming the next Governor. Some speculated that Rosello would withdraw his resignation and remain in his post, unlikely due to the massive opposition of the entire people of Puerto Rico and the ruling party itself, the New Progressive Party (PNP) who sought to survive this political debacle. The many political maneuvers being executed would be similar to a complex game of chess.
Several weeks had passed since the publication of almost 900 pages of intimate chats between Governor Rosello and an inner circle of cabinet members, contractors, and lobbyists that attacked in an embarrassing, macho, misogynist, and threatening manner all political and social sectors of Puerto Rico - women; the LBGTQ community; members of the PNP and all political parties; the federal monitor of the Puerto Rican police; the former President of the NY Municipal Council, Melissa Mark Viverito; the Puerto Rican Diaspora; respected journalists; and even the dead victims of Hurricane María. Several members of Rosello's cabinet had already resigned on charges of corruption and the administration was reeling. The publication of the chats was the epitome of the people's anguish, before and after María, struggling to survive an economic depression and the neo-liberal policies of the Fiscal Control Board (PROMESA- Junta de Control Fiscal) imposed by the United States government over the local legislature. Among its many unpopular measures, the Fiscal Control Board proposed to cut the pensions of public workers and economically strangle the Puerto Rican people to pay the country’s debts to bondholders.
Although in the last few decades there have been moments of unity and popular mobilization, among others, the campaign against the U.S. Navy in Vieques, the sale of the Puerto Rico Telephone Company, and La Nación en Marcha- this time the Puerto Rican people, of all political persuasions, mobilized in more than 12 days of protests in numbers never seen in the history of Puerto Rico to overthrow the government of Pedro Rosello. This people’s majority filled the streets of old San Juan daily, culminating in a march estimated at over one million people on the Las Americas highway on July 22nd. Rosello was left alone, confessing in church, publicly apologizing for his mistakes, and trying to stay in power. But he was all-alone, as in a Fox Channel interview, when in response to the interviewer, he could mention only one name of a political supporter. His first desperate chess move was to announce his resignation as President of the PNP and that he would not seek re-election in the November 2020 elections.
Wanda Vazquez Swearing in Ceremony Courtesy of Telenoticias PR
But the people did not forgive and it became clear that Rosello could not govern. Even cruise ships stopped boarding in San Juan and economic losses totaled millions of dollars. Several governors directly imposed by the federal government before the 1952 establishment of the “Commonwealth of Puerto Rico,” had previously resigned their positions due to social unrest, but this would be the first elected governor to resign as a result of the peaceful power of civil disobedience by the Puerto Rican people. These July protests were an example for the entire world of the truth of the slogan: "the people united will never be defeated." Finally, the resignation of the governor on July 24th was televised where, in a tone more like a campaign speech of all his achievements, he announced that he would leave his post on August 2, 2019.
Then the chess moves began to see who would replace the governor, since the position of Secretary of State, next in line, was vacant by prior resignation. Accordingly, due to that vacancy the next in line would be the Secretary of Justice, Wanda Vázquez Garced, who had indicated that she was not interested in the position. It was clear that the New Progressive Party (PNP) was in an internal struggle for who would wield the governorship with a view to the November 2020 elections.
In another chess move, on Wednesday July 31st Governor Pedro Rosello announced, while the legislature was in recess, the appointment and swearing-in of Pedro Pierluissi Urrutia as Secretary of State. Pedro Perluissi, previously Rosello's opponent in the PNP primaries in the last elections, now worked as a lawyer for the past two years at the O'Neill and Borges law firm representing the Fiscal Control Board. Pierluissi declared that he would leave this job and would go to the legislature for confirmation as mandated by the Constitution of Puerto Rico. He indicated that unless confirmed, he would not take the position. Governor Rosello called an extraordinary meeting of the legislature for public hearings and confirmation of Pierluissi as Secretary of State for the morning of August 2nd. Meanwhile, the leaders of the PNP, Carlos "Johnny" Méndez, President of the House of Representatives, and Thomas Rivera Schatz, President of the Senate, announced their opposition to Pedro Pierluissi in an open battle with Rosello. Although the link between Pierluissi and the Fiscal Control Board was highlighted in their opposition, the struggle over the gubernatorial candidate of the PNP for the 2020 elections was the elephant in the room. There was general agreement that if Pierluissi assumed the governor's office, he would have an advantage in the PNP's gubernatorial candidacy for 2020.
Exercising his own brazen chess move, Rivera Schatz postponed the Senate meeting to Monday August 5th, days after Rosello's announced resignation of August 2nd. Creating a potential constitutional crisis, this move led to uncertainty about the selection of Pierluissi as Secretary of State. Puerto Rico does not have the position of an elected Lieutenant Governor. The Constitution of Puerto Rico adopted on July 25, 1952 clearly states that the Secretary of State who becomes the Governor has to be confirmed by both houses of the legislature to avoid not only having an unelected Governor, but one not even endorsed by the representatives of the people in the legislature. However in 2005, the legislature passed Law 7 indicating that in the absence of the Governor, a person may be appointed as Secretary of State without the confirmation of the legislature. Many lawyers argued that Law 7 was unconstitutional, but it had never been challenged. They argued that this ambiguous law referred to the assignment of an interim secretary and not one who could permanently succeed the Governor. Rivera Schatz exercised a chess move that put Rosello and Pierluissi's nomination in check. Unless duly confirmed as Secretary of State by the Senate, who would not meet until August 5th, it would be up to the Secretary of Justice, Wanda Vázquez to become Governor on August 2nd.
Meanwhile in another chess move, the House of Representatives cited Pierlussi to testify on Friday, August 2nd at its government commission in televised public hearings. Here the pressure of the country’s mayors on the House Representatives in favor of Pierluissi became clear, despite his links to the Fiscal Control Board. Many called for his confirmation as Secretary of State in the face of the country’s instability and for his good contacts in the federal government. Messages of support from the highest ranks of the United States government were published locally. In the hearings, Pierluissi declared that he would represent only the best interests of the people of Puerto Rico and not the Fiscal Control Board whom he labeled "colonial," while stating that he would be in favor of the Christmas bonus and pensions for public workers, and other projects favorable to the country.
Pierlussi Says Adios Courtesy of Noticentro PR
At 2 p.m. the local press reported that no protocol had been established to swear in a new governor or who this person would be on August 2nd. Wanda Vázquez announced that although uninterested in the position, she would fulfill her constitutional duty if she had to assume governance. There were only three hours left for Rosello's resignation and the House of Representatives had not met to confirm Pierluissi as Secretary of State. Finally, the House of Representatives met at approximately 3:48 p.m. and voted without debate in favor of Pierlussi as Secretary of State - 26 votes in favor, 21 against, and one abstention. The vote on Friday, August 2nd gained the majority by just one vote, even with the opposition of the President of the Chamber, Johnny Méndez. However, the Senate would not be meeting until next Monday August 5th.
The whole country was in suspense for who would become Governor. Pierluissi said that he was already the Secretary of State legally and was waiting for legal consultations to see what he would do. Meanwhile, according to the local press, the country was in favor of Pierluissi. At 5 p.m. on August 2nd the country received news in a letter of resignation from Pedro Rosello announcing that Pedro Pierluissi was sworn in as Governor. In this latest chess move, it was not known where Pierluissi was sworn in, or who administered the oath of office.
On August 2nd Pedro Pierluissi held a press conference addressing the country as the new Governor. He insisted that Law 7 of 2005 allowed his swearing in as Secretary of State when the Legislature was in recess, and now with Rosello's resignation, he duly became Governor. Contrary to what he had said earlier, he indicated that he would not attend the Senate confirmation hearings since he was already the Governor. Some called this move "a coup d’état," a "constitutional crisis,” “a power struggle within the PNP;” while others hoped that social peace would be restored. Some were seemingly dreaming of impossible outcomes (“pensando en pajaritos preñados”).
The chess game now continued when Senate President Rivera Schatz announced that he would challenge the legality of the swearing in of Pierluissi, arguing that the 2005 amendment was unconstitutional and that it was the Secretary of Justice, Wanda Vázquez, who should assume the governorship. Due to its importance, on Monday August 5th, the Supreme Court of Puerto Rico assumed direct control of the lawsuit, Senate v. Pedro Pierluissi, and ordered the parties to submit their arguments the next day. Most lawyers predicted that the Supreme Court was likely to declare the oath of Pierluissi unconstitutional.
Meanwhile, Rivera Schatz's offensive play continued with the meeting of the Puerto Rico Senate on Monday, August 5th. The meeting began with statements from the minority parties. The Puerto Rican Independence Party (PIP) denounced the swearing-in of Pedro Pierluissi as illegal, claiming that he would be a puppet of the Fiscal Control Board. The Popular Democratic Party (PPD) denounced the Senate and the PNP for not meeting last week to vote on the oath of Pierluissi as Secretary of State and for subjecting the country to the internal struggles within the PNP. The independent Senator Vargas Vidot also criticized the Senate for not voting on Pierlussi and adding to the country's problem.
Different tendencies within the PNP also took the floor. Senator Miguel Romero argued that Pierluissi was not the Governor until the Supreme Court issued its decision. However, he believed that the Senate should still vote on Pierluissi’s confirmation as Secretary of State. Senator Henry Neumann indicated that Governor Rosello made the mistake of nominating Pierluissi with just 48 hours before resigning, and of also choosing a lawyer from the Fiscal Control Board. However he declared that the people were asking for social peace and an end to the dilemma. Therefore he indicated his vote would be in favor of the Pierluissi nomination. Senator Zoe Laboy argued that it would be unconstitutional for the Senate to meet to confirm an already sitting Governor. Therefore the decision was now in the hands of the Supreme Court. However she indicated that the people speak favorably of Pierluissi, but he should have come before the Senate. If she had to vote, it would be in favor of Pierluissi until the Supreme Court decided. Senator Larry Sheilhammer refused to vote indicating that vote on the Secretary of State was no longer an issue before the Senate.
Now it was up to the chess master, Thomas Rivera Schatz to speak to the members of the Senate and the viewing public. Rivera Schatz began by indicating that Pierluissi never delivered documents required for his nomination, and that it would have been irresponsible to discuss the nomination of a candidate under that type of pressure. This was why he postponed the Senate hearings until August 5th, allowing for public hearings as Pierluissi had requested. However by saying on August 2nd that he did not have to come before the Senate, Pierluissi demonstrated a lack of respect for the Senate; therefore he decided to take the case to the Supreme Court. He indicated that the people want peace, but they also want to clean house. He argued that the Senate should not succumb to organized pressure and must act firmly, criticizing the PPD and pointing out that he never intended to be Governor. Indicating the overwhelming opposition in the Senate, he stated that Pierluissi had only 5 favorable votes in the majority PNP caucus. He ended by stating that the Senate rejected Pierluissi's nomination and would not pass judgment on his nomination as Secretary of State, instead taking the case to the Supreme Court. The Senators finished their work by voting present and leaving the decision in the hands of the Puerto Rico Supreme Court.
On Wednesday, August 7th, as many expected, the nine judges of the Supreme Court unanimously revoked the oath of Pedro Pierluissi as Governor, indicating that the 2005 Law 7 was unconstitutional. The decision indicated that his swearing in as Secretary of State was not made in accordance with the law, and that his succession as Governor was unconstitutional. That same day, Pedro Pierluissi left the Governor’s House through the backdoor, saying goodbye to the county in a recorded message accepting the decision of the Supreme Court and pledging his support to Wanda Vázquez. At 5 p.m. on August 7th, contrary to Pierluissi, Secretary of Justice, Wanda Vázquez was sworn in as Governor in a public ceremony in the Supreme Court building. That same night, Governor Wanda Vázquez Garced addressed the country, indicating that she would fulfill her constitutional duty until November 2020. She became the third Governor of Puerto Rico in the same week, and the second female Governor in the history of Puerto Rico. The game of chess would now continue in other directions.
CONTINUES IN PART II
José E. Velázquez Luyanda
Co-Editor of The Puerto Rican Movement: Voices From the Diaspora
Day of Rosello Resignation. Courtesy of Noticentro PR
I landed at Luis Muñoz Marin Airport in San Juan, Puerto Rico on July 30th, a few days before the announced August 2nd resignation of Puerto Rico’s Governor Pedro Rosello. By chance I met the Univision (NY) journalist who had been sent to report on these historical events directly from Puerto Rico. While we waited for our suitcases, social media speculated about growing opposition to Pedro Pierluissi who was to be nominated as Secretary of State, therefore becoming the next Governor. Some speculated that Rosello would withdraw his resignation and remain in his post, unlikely due to the massive opposition of the entire people of Puerto Rico and the ruling party itself, the New Progressive Party (PNP) who sought to survive this political debacle. The many political maneuvers being executed would be similar to a complex game of chess.
Several weeks had passed since the publication of almost 900 pages of intimate chats between Governor Rosello and an inner circle of cabinet members, contractors, and lobbyists that attacked in an embarrassing, macho, misogynist, and threatening manner all political and social sectors of Puerto Rico - women; the LBGTQ community; members of the PNP and all political parties; the federal monitor of the Puerto Rican police; the former President of the NY Municipal Council, Melissa Mark Viverito; the Puerto Rican Diaspora; respected journalists; and even the dead victims of Hurricane María. Several members of Rosello's cabinet had already resigned on charges of corruption and the administration was reeling. The publication of the chats was the epitome of the people's anguish, before and after María, struggling to survive an economic depression and the neo-liberal policies of the Fiscal Control Board (PROMESA- Junta de Control Fiscal) imposed by the United States government over the local legislature. Among its many unpopular measures, the Fiscal Control Board proposed to cut the pensions of public workers and economically strangle the Puerto Rican people to pay the country’s debts to bondholders.
Although in the last few decades there have been moments of unity and popular mobilization, among others, the campaign against the U.S. Navy in Vieques, the sale of the Puerto Rico Telephone Company, and La Nación en Marcha- this time the Puerto Rican people, of all political persuasions, mobilized in more than 12 days of protests in numbers never seen in the history of Puerto Rico to overthrow the government of Pedro Rosello. This people’s majority filled the streets of old San Juan daily, culminating in a march estimated at over one million people on the Las Americas highway on July 22nd. Rosello was left alone, confessing in church, publicly apologizing for his mistakes, and trying to stay in power. But he was all-alone, as in a Fox Channel interview, when in response to the interviewer, he could mention only one name of a political supporter. His first desperate chess move was to announce his resignation as President of the PNP and that he would not seek re-election in the November 2020 elections.
Wanda Vazquez Swearing in Ceremony Courtesy of Telenoticias PR
But the people did not forgive and it became clear that Rosello could not govern. Even cruise ships stopped boarding in San Juan and economic losses totaled millions of dollars. Several governors directly imposed by the federal government before the 1952 establishment of the “Commonwealth of Puerto Rico,” had previously resigned their positions due to social unrest, but this would be the first elected governor to resign as a result of the peaceful power of civil disobedience by the Puerto Rican people. These July protests were an example for the entire world of the truth of the slogan: "the people united will never be defeated." Finally, the resignation of the governor on July 24th was televised where, in a tone more like a campaign speech of all his achievements, he announced that he would leave his post on August 2, 2019.
Then the chess moves began to see who would replace the governor, since the position of Secretary of State, next in line, was vacant by prior resignation. Accordingly, due to that vacancy the next in line would be the Secretary of Justice, Wanda Vázquez Garced, who had indicated that she was not interested in the position. It was clear that the New Progressive Party (PNP) was in an internal struggle for who would wield the governorship with a view to the November 2020 elections.
In another chess move, on Wednesday July 31st Governor Pedro Rosello announced, while the legislature was in recess, the appointment and swearing-in of Pedro Pierluissi Urrutia as Secretary of State. Pedro Perluissi, previously Rosello's opponent in the PNP primaries in the last elections, now worked as a lawyer for the past two years at the O'Neill and Borges law firm representing the Fiscal Control Board. Pierluissi declared that he would leave this job and would go to the legislature for confirmation as mandated by the Constitution of Puerto Rico. He indicated that unless confirmed, he would not take the position. Governor Rosello called an extraordinary meeting of the legislature for public hearings and confirmation of Pierluissi as Secretary of State for the morning of August 2nd. Meanwhile, the leaders of the PNP, Carlos "Johnny" Méndez, President of the House of Representatives, and Thomas Rivera Schatz, President of the Senate, announced their opposition to Pedro Pierluissi in an open battle with Rosello. Although the link between Pierluissi and the Fiscal Control Board was highlighted in their opposition, the struggle over the gubernatorial candidate of the PNP for the 2020 elections was the elephant in the room. There was general agreement that if Pierluissi assumed the governor's office, he would have an advantage in the PNP's gubernatorial candidacy for 2020.
Exercising his own brazen chess move, Rivera Schatz postponed the Senate meeting to Monday August 5th, days after Rosello's announced resignation of August 2nd. Creating a potential constitutional crisis, this move led to uncertainty about the selection of Pierluissi as Secretary of State. Puerto Rico does not have the position of an elected Lieutenant Governor. The Constitution of Puerto Rico adopted on July 25, 1952 clearly states that the Secretary of State who becomes the Governor has to be confirmed by both houses of the legislature to avoid not only having an unelected Governor, but one not even endorsed by the representatives of the people in the legislature. However in 2005, the legislature passed Law 7 indicating that in the absence of the Governor, a person may be appointed as Secretary of State without the confirmation of the legislature. Many lawyers argued that Law 7 was unconstitutional, but it had never been challenged. They argued that this ambiguous law referred to the assignment of an interim secretary and not one who could permanently succeed the Governor. Rivera Schatz exercised a chess move that put Rosello and Pierluissi's nomination in check. Unless duly confirmed as Secretary of State by the Senate, who would not meet until August 5th, it would be up to the Secretary of Justice, Wanda Vázquez to become Governor on August 2nd.
Meanwhile in another chess move, the House of Representatives cited Pierlussi to testify on Friday, August 2nd at its government commission in televised public hearings. Here the pressure of the country’s mayors on the House Representatives in favor of Pierluissi became clear, despite his links to the Fiscal Control Board. Many called for his confirmation as Secretary of State in the face of the country’s instability and for his good contacts in the federal government. Messages of support from the highest ranks of the United States government were published locally. In the hearings, Pierluissi declared that he would represent only the best interests of the people of Puerto Rico and not the Fiscal Control Board whom he labeled "colonial," while stating that he would be in favor of the Christmas bonus and pensions for public workers, and other projects favorable to the country.
Pierlussi Says Adios Courtesy of Noticentro PR
At 2 p.m. the local press reported that no protocol had been established to swear in a new governor or who this person would be on August 2nd. Wanda Vázquez announced that although uninterested in the position, she would fulfill her constitutional duty if she had to assume governance. There were only three hours left for Rosello's resignation and the House of Representatives had not met to confirm Pierluissi as Secretary of State. Finally, the House of Representatives met at approximately 3:48 p.m. and voted without debate in favor of Pierlussi as Secretary of State - 26 votes in favor, 21 against, and one abstention. The vote on Friday, August 2nd gained the majority by just one vote, even with the opposition of the President of the Chamber, Johnny Méndez. However, the Senate would not be meeting until next Monday August 5th.
The whole country was in suspense for who would become Governor. Pierluissi said that he was already the Secretary of State legally and was waiting for legal consultations to see what he would do. Meanwhile, according to the local press, the country was in favor of Pierluissi. At 5 p.m. on August 2nd the country received news in a letter of resignation from Pedro Rosello announcing that Pedro Pierluissi was sworn in as Governor. In this latest chess move, it was not known where Pierluissi was sworn in, or who administered the oath of office.
On August 2nd Pedro Pierluissi held a press conference addressing the country as the new Governor. He insisted that Law 7 of 2005 allowed his swearing in as Secretary of State when the Legislature was in recess, and now with Rosello's resignation, he duly became Governor. Contrary to what he had said earlier, he indicated that he would not attend the Senate confirmation hearings since he was already the Governor. Some called this move "a coup d’état," a "constitutional crisis,” “a power struggle within the PNP;” while others hoped that social peace would be restored. Some were seemingly dreaming of impossible outcomes (“pensando en pajaritos preñados”).
The chess game now continued when Senate President Rivera Schatz announced that he would challenge the legality of the swearing in of Pierluissi, arguing that the 2005 amendment was unconstitutional and that it was the Secretary of Justice, Wanda Vázquez, who should assume the governorship. Due to its importance, on Monday August 5th, the Supreme Court of Puerto Rico assumed direct control of the lawsuit, Senate v. Pedro Pierluissi, and ordered the parties to submit their arguments the next day. Most lawyers predicted that the Supreme Court was likely to declare the oath of Pierluissi unconstitutional.
Meanwhile, Rivera Schatz's offensive play continued with the meeting of the Puerto Rico Senate on Monday, August 5th. The meeting began with statements from the minority parties. The Puerto Rican Independence Party (PIP) denounced the swearing-in of Pedro Pierluissi as illegal, claiming that he would be a puppet of the Fiscal Control Board. The Popular Democratic Party (PPD) denounced the Senate and the PNP for not meeting last week to vote on the oath of Pierluissi as Secretary of State and for subjecting the country to the internal struggles within the PNP. The independent Senator Vargas Vidot also criticized the Senate for not voting on Pierlussi and adding to the country's problem.
Different tendencies within the PNP also took the floor. Senator Miguel Romero argued that Pierluissi was not the Governor until the Supreme Court issued its decision. However, he believed that the Senate should still vote on Pierluissi’s confirmation as Secretary of State. Senator Henry Neumann indicated that Governor Rosello made the mistake of nominating Pierluissi with just 48 hours before resigning, and of also choosing a lawyer from the Fiscal Control Board. However he declared that the people were asking for social peace and an end to the dilemma. Therefore he indicated his vote would be in favor of the Pierluissi nomination. Senator Zoe Laboy argued that it would be unconstitutional for the Senate to meet to confirm an already sitting Governor. Therefore the decision was now in the hands of the Supreme Court. However she indicated that the people speak favorably of Pierluissi, but he should have come before the Senate. If she had to vote, it would be in favor of Pierluissi until the Supreme Court decided. Senator Larry Sheilhammer refused to vote indicating that vote on the Secretary of State was no longer an issue before the Senate.
Now it was up to the chess master, Thomas Rivera Schatz to speak to the members of the Senate and the viewing public. Rivera Schatz began by indicating that Pierluissi never delivered documents required for his nomination, and that it would have been irresponsible to discuss the nomination of a candidate under that type of pressure. This was why he postponed the Senate hearings until August 5th, allowing for public hearings as Pierluissi had requested. However by saying on August 2nd that he did not have to come before the Senate, Pierluissi demonstrated a lack of respect for the Senate; therefore he decided to take the case to the Supreme Court. He indicated that the people want peace, but they also want to clean house. He argued that the Senate should not succumb to organized pressure and must act firmly, criticizing the PPD and pointing out that he never intended to be Governor. Indicating the overwhelming opposition in the Senate, he stated that Pierluissi had only 5 favorable votes in the majority PNP caucus. He ended by stating that the Senate rejected Pierluissi's nomination and would not pass judgment on his nomination as Secretary of State, instead taking the case to the Supreme Court. The Senators finished their work by voting present and leaving the decision in the hands of the Puerto Rico Supreme Court.
On Wednesday, August 7th, as many expected, the nine judges of the Supreme Court unanimously revoked the oath of Pedro Pierluissi as Governor, indicating that the 2005 Law 7 was unconstitutional. The decision indicated that his swearing in as Secretary of State was not made in accordance with the law, and that his succession as Governor was unconstitutional. That same day, Pedro Pierluissi left the Governor’s House through the backdoor, saying goodbye to the county in a recorded message accepting the decision of the Supreme Court and pledging his support to Wanda Vázquez. At 5 p.m. on August 7th, contrary to Pierluissi, Secretary of Justice, Wanda Vázquez was sworn in as Governor in a public ceremony in the Supreme Court building. That same night, Governor Wanda Vázquez Garced addressed the country, indicating that she would fulfill her constitutional duty until November 2020. She became the third Governor of Puerto Rico in the same week, and the second female Governor in the history of Puerto Rico. The game of chess would now continue in other directions.
CONTINUES IN PART II
