William French Smith, Successor to Benjamin R. Civiletti, Attorney General v. Eduardo P. Pangilinan

The Attorney General of the United States appeals from the district court’s denial of his motions to intervene brought under Rule 24(a) and Rule 24(b), F.R.Civ.P. We reverse.

I. Facts.

Since 1947, the United States has governed the Northern Mariana Islands, which are part of a larger area known as Micronesia, under the title “Trust Territory of the Pacific Islands.” See Trusteeship Agreement for the Former Japanese Mandated Islands, July 18,1947, 61 Stat. 3301 , T.I.A.S. No. 1665.

In 1975, the United States and the people of the Northern Mariana Islands entered into an agreement entitled “Covenant to Establish a Commonwealth of Northern Mariana Islands in Political Union with the United States of America.” The Covenant was approved by the Congress, on March 26, 1976. See Pub.L. 94-241, 90 Stat. 263 (1976), reprinted in 48 U.S.C. § 1681 app., at 1409 (1976). The Covenant delineates the political relationship between the United States and the Northern Marianas government, and governs the latter’s evolution from trusteeship status to commonwealth status.

Relevant here are the Covenant sections pertaining to nationality and citizenship. Article III, Section 301 of the Covenant…