Tuesday, January 27, 2015

Redding Rancheria -Win River Casino Tribe's ELEVEN YEARS of SHAME

Today is the 11th anniversary of the unjust disenrollment of the Foreman family from the Redding Rancheria  in 2004.  Bob Foreman was the first elected tribal chairman and frankly, there should be a statue on the reservation honoring him.  Instead, his family is no longer in the tribe.

Chairman Foreman passed away just over six year ago, before seeing justice done.  He was instrumental in establishing three Indian Health Clinics, in Shasta, Trinity and Siskiyou counties when there was NO healthcare for many American Indians.

The Foreman family, sold their land to the tribe so that the Win River Casino/Hotel could provide economic help for the tribe, improving their lives with employment, education and elder care.

Read more about the Foreman family and the disinterment of their elder for a DNA test, the tribe required of them.  99.7% wasn't good enough for them...  TRIBAL CORRUPTION WEBSITE

VIDEO: CHAOS Erupts at "Unification" Meeting for Chukchansi

Let the GAMES BEGIN!   Here's a video of a tribal meeting that was supposed to UNIFY the "factions" of supposed groups who claim "leadership".    Doesn't look so unified does it?

The Chukchansi leaders are trying to keep the money flowing.  To the people...uh, no, that's just a smokescreen.  It belies the recent post we had with their press release, don't you think?

This being said...it's not a whole lot different than a LOT of tribal meetings elsewhere...passions erupt.  If the American people would show such passion, we may not have the "leaders" in Congress we do.


Monday, January 26, 2015

State of Indian Nations Speech by NCAI's Cladoosby IGNORES Violations of Civil and Human Rights by Casino Tribes

I've listened twice to National Congress of American Indian's President Brian Cladoosby's speech hoping he would discuss the continued violations of the civil rights of Native Americans at the hands of their own tribal councils.    Good thing I wasn't  holding my breath.

My heart fluttered with anticipation as he mentioned the U.S. Governments honoring their trust responsibility.     Would he mention respecting Native People's rights to belong?   No, of course not.  Individual Indians have had to fight for their own rights, while the NCAI offers no help.

Trust responsibility is not only to chief's and leader's who donate to politicians, or to NCAI's museums. Our rights as citizens of tribal nations should be defended, while "fake" Indians usurp control of tribes.

As one who has gone to Washington DC to fight for my family's rights and the rights of other disenrolled Native Americans, I KNOW that many politicians can be persuaded that the right thing is to DO THE RIGHT THING.

One has to ask themselves, is the NCAI nothing more than a lobbying group, like AARP or UTA, or do they really have the rights of Natives in mind?   Based on their actions...or rather LACK  thereof, I'd say lip service might be better than NO SERVICE at all.

THOUSANDS of Native Americans are waiting in vain for organizations like the NCAI, or NARF to come to their aid, with expertise, legal resources and the bully pulpit to shape thinking.


Cladoosby was able to find more than 5 1/2 minutes of his speech on the Redskin's nickname issue (the "R" word) but he didn't mention the "D" word (DISENROLLMENT).  You know, the term that signifies the actual HARM that tribes are doing to their people, in order to steal their per capita and benefits from their own people.  

He was able to mention the Redskins team sponsors, like FedEx and Coca Cola, but failed to mention that in his own executive board has the Tribal Chairman of the Pechanga Band of Luiseno Indians, which has eliminated nearly 20% of his tribe, practices Apartheid on its reservation against Indian people.  Sponsorship is worse than partnership? We need NCAI to look at the 21st century's Indian Removal Acts and help save THOUSANDS of Native American lives...instead of worrying about a bad name. Priorities matter.

Sunday, January 25, 2015

President Obama Says Right to Vote is SACRED, BUT.... Not if you are Native to some Tribes.

We caught this passage in President Obama's State of the Union speech this week and it made us sit up and take notice:

We may go at it in campaign season, but surely we can agree that the right to vote is sacred; that it's being denied to too many;  

As one who has lost the right to vote, in tribal elections, stripped of that right by Democratic Party operatives Mark Macarro and Andy Masiel , I sat up and took notice.   Yes, voting rights have been stripped from Native Americans...by their own tribe.  In fact, Macarro even tried to keep Californians from voting, REMEMBER?

Just this weekend, the Chukchansi tribe held "elections" to install an interim government, yet controlled the outcome by not allowing all members to vote. This tribe is so screwed up, that In 2013, Chukchansi had SEPARATE elections    which makes it a WTF moment.

On the Pechanga Reservation in Temecula, Original Pechanga allottee descendents have had their citizenship taken away, along with voting rights, the right to health care, the right to speak at meeting, even when the situation is directly relating to them, such as water rights. It's virtual apartheid allowed because Pechanga, headed by Mark Macarro, the subject of a recall attempt, controls the votes. Hetried to usurp the water rights of allottees, lied to congressional staffers about how many allottees were still on the reservation. 

Redding Rancheria even terminated 25% of their tribe, including their FIRST Tribal chairman. We have tribes like Snoqualmie in Washington, that have stripped citizenship simply for taking a position opposite of the tribal council. And the Picayune Rancheria already terminated 50% of their tribe and are looking at more.

How can this happen?  BY CONTROLLING VOTES!  Imagine stripping 8 million Californians of the right to vote.  That's EXACTLY the comparision you should use when thinking about tribes like Redding, Pala, Pechanga and Chukchansi.

THE REAL PROBLEM, Mr. President, is that you let these actions continue under YOUR watch, and don't care about the violatons of the civil rights of THOUSANDS, but make up an unreal issue when addressing the nation.   Get Eric Holder on the Job. 

Chukchansi Tribe has smoke screen Election

There was a meeting, where repotedly tribal members were paid to attend, to try to convince the Feds that all is better now at Chukchansistan.  These greedy bastards should have their recognition voided.

Here is the full press release: 
A quorum of all voting members the Picayune Rancheria of the Chukchansi Indians came together Saturday in the largest turnout in the Tribe's history to affirm the six Tribal leaders of the “Unification Council” to execute the reopening agreement with the NIGC and to administer elections for all seven Tribal Council seats. This was only the fourth time since the Tribe adopted its Constitution in 1988 that a General Council meeting reached quorum and was able to conduct business on behalf of the Tribe. The turnout was the largest in the Tribe's history and the outpouring of support from members to reopen the casino and have an election was evident throughout the meeting.
All adult members of the Tribe were invited to attend and many hundreds of Tribal members recognized the need to reopen the casino in order to keep the tribal government functioning and to repay holders of bonds issued by the Tribe to pay for the construction of its casino resort. Tribal members affirmed that the six tribal leaders who make up of the “Unification Council” – Chance Alberta, Nancy Ayala, Nokomis Hernandez, Tracey Hopkins, Reggie Lewis and Karen Wynn – have the Tribe's constitutional authority to act as the Tribe's interim governing body until elections for all seven Tribal Council seats are contested in an election to be held no later than May 2, 2015. The Tribal members also voted to use the membership list as it was in place for the December 2012 Tribal Council elections.
“This was a historic moment for our Tribe in charting a path to reopen our casino, to restore order to our government, to provide services to our members and to silence any group attempting to sew confusion and discord,” stated Reggie Lewis, Co-Chairman of the Unification Council, a body created by quorums of the elected and recognized Tribal Councils from 2010, 2011, 2012 and 2013.
Co-Chairwoman, Nancy Ayala stated, “As a proud people, the Chukchansi have had to endure hardship and harsh conditions in order to survive and the overwhelming support that the General Council bestowed upon us as tribal leaders is an honor which we take seriously.”
With the support and recognition of the adult members of the Tribe, the six members of the Unification Council will continue in its efforts to reopen the casino, restore community confidence and resume honoring its obligations to the community.
The General Council loudly confirmed that only members who were listed on the Tribe's Base Membership Roll on February 21, 2013 are members of the Tribe. A neutral third-party election service company, True Ballot, Inc. oversaw the voting on the resolution adopted by the General Council which was the same procedure used on March 10, 2012 when the Tribe was confronted with a dissident group claiming to be the governing body of the Tribe

Friday, January 23, 2015

Corrupt Pechanga Chairman Mark Macarro DOESN'T LIKE Proposed Poker Bill

The Chairman of the Pechanga Band of Luiseno Indians , Mark Macarro who lied to Congress to gain land by saying it was "culturally significant" then put a golf course on it doesn't like much like the new online poker bill.

 Macarro's STATEMENT

“There is much for tribes to dislike about this bill. [AB 167]

“We are disappointed that the bill disregards important principles from a broad coalition of respected tribes and card rooms that help prevent corporations and entities that previously violated federal law from profiting from tainted software, brands, and databases derived from illegal activity.

“Tribes have been steadfast in the principle that online poker be consistent with California's longstanding public policy of limited gaming, and that means keeping it to just tribes and card rooms.  California voters have always had the final say on gaming expansion and they have already rejected expansion of gaming for horse racing.” 

Make you wonder how he includeds Pechanga in group of "respected tribes" doesn't it?   When Macarro himself was the subject of a recall attempt for hiring his wife's lobbying firm without the tribe's approval.  

Pechanga’s Apartheid Reservation    keeps original tribal allottees from using the facilities on the reservation, such as playgrounds and water fountains without a member present.   

NOW, who is the bad actor?

Thursday, January 22, 2015

Chukchansi Casino Tribe's Gaming Per Capitas to END as ANOTHER LEADERSHIP Faction Emerges That Wants a SMALLER TRIBE

Can you believe it?  The Chukchansi Tribe wants to become SMALLER? Getting rid of 70% of the tribe wasn't ENOUGH?   TIME to PULL THEIR FEDERAL RECOGNITION.  The Fresno Bee Reports...

The new faction is made up of the tribe’s original descendants — 43 total voting members — who the federal government at one time recognized after restoring the Chukchansi and 16 other previously terminated California tribes. The new faction wants to gain control of the tribe and could remove members of the other three factions.

As the new faction meets, the three existing factions continue to wrestle for control of the tribe as they seek to reopen the Chukchansi casino — the tribe’s main source of revenue.

A group previously headed by Tex McDonald continues to maintain a tribal council. Meanwhile, the council led by Reggie Lewis and Nancy Ayala is arranging a tribal members’ meeting in Fresno on Saturday that could lead to new elections. A fourth group led by Morris Reid last month sued the Lewis/Ayala faction for failing to pay monthly stipends in accordance with a federal judge’s order

Read MORE: Shrinking the Tribe  

EPIC FAIL by ERIC HOLDER's JUSTICE Department To Find Civil Rights Violations In Indian Country

As word came out yesterday, that there will be NO Civil Rights case in the shooting death of the cop attacker Michael Brown in Ferguson, MO, we remind the American people that we have been asking the Holder Justice Department and the Civil Rights Division to look into civil and human rights violations in Indian Country for years.

Read about those instances:One Death in Missouri.. and here in Eric Holder to Resign.. we included a letter to the Attorney General.

What is it about Holder?  Is he all flash and no substance?   He got America all riled up thinking he would get a civil rights case against George Zimmerman too, after he won his self defense case in the death of his attacker Trayvon Martin.   Another EPIC FAIL, ERIC.   The failure was not in NOT finding civil rights abuses...but in trying to pull the wool over our eyes in saying that there were.

Just GO Mr. Holder, anyone is better than you.  But again, here is a letter for your successor, since you are incapable.

The Honorable Eric Holder
United States Attorney General
Department of Justice Building
950 Pennsylvania Ave. NW
Washington, DC 20530

Dear Attorney General Who Succeeds Eric Holder:

I respectfully submit this letter urging the Department of Justice Civil Rights Division to commence a full-scale investigation into the gross civil and human rights violations which have infected Indian Country.

Throughout Indian Country, tribal officials have taken actions which have denied and/or stripped thousands of individual Indians of their rights and privileges as tribal members and denied them access to federal benefits and programs in the areas of housing, education, health, voting and public works assistance.  Pechanga, Pala, Redding, Snoqualmie, Nooksack, Chukchansi, Enterprise, San Pascual are just a few who have terminated the rights of their people.

In some instances, the illegal actions occurred decades ago, however, there has been a marked increase since Indian Gaming has evolved into a multi-billion dollar business. Tribal leaders justify their right to systematically deny and/or strip basic rights and privilegesfrom their citizens under the guise of tribal sovereignty.   The time is right for your department to use it's full force on the corruption that has spread throughout Indian Country.

Tribal leaders have routinely committed acts to deny Indian individuals due process; equal protection of tribal, state, and federal laws; property interest rights; and voting rights. Theses actions have been carried out in gross violation of tribal and federal laws, such as the Indian Civil Rights Act of 1968, which were specifically enacted to guarantee and protect the rights of the individual Indian.

Using sovereignty as a club to beat the weak and render them helpless is abhorrent.The federal government can no longer allow the offending tribes and tribal officials to claim that this is a sovereignty issue that rests solely within the domain of tribal courts and tribal law. Few Tribes actually have tribal courts.And, in most cases, the tribal government officials responsiblefor the violations of law are the very same people who pass judgment as to whether or not lawshave been violated - they are the judge, jury and alleged criminal all rolled into one
The United States has a trust responsibility to the thousands of individual Indians whose basic rights have been infringed upon. Unfortunately, the Bureau of Indian Affairs has determined that their trust responsibility extends only to the tribal government and government officials and not to the thousands of individual Indian victims. Therefore, I believe that the DOJ has the legal and moral responsibility
to investigate and prosecute such violations of basic rights.

I urge you to direct the DOJ Civil Rights Division to initiate an investigation into the growing number of human and civil rights violations described above. In addition, I hope that any investigation would not be short-circuited by those who would claim tribal sovereignty as a justification for inaction.

Nor should justice be denied as a result of political wrangling by politicians fighting to protect their tribal “clients” who funnel millions of dollars into their campaign coffers.

How Pechanga Tribe Acted OUTSIDE Their Tribal Constitution

 Yes, the Mark Macarro led tribal council of Pechanga did not follow the constititution.  Why should they?  They new with few voters, their power would grow and they could protect their positions.  There would be NO checks or balances.... power corrupts.

In the Pechanga Tribal Council's Memo to the General Membership Re: the Petition Dated June 19, 2005,

The memo to the tribal members cites the Constitution as providing the Council with the "duty to uphold the Constitution, Bylaws and ordinances", but the memo failed to quote the Constitution and Bylaws, Article III which states: "The simple majority (of the general membership)...shall rule and decide in all matters of government and business of the Band." It's clear that Article III recognizes the General Membership's ultimate authority to make decisions regarding all government matters- including enrollment and disenrollment issues. The General Membership's authority and powers trumps those of the Enrollment Committee and the Council in all matters.

The Enrollment Committee was NEVER granted ultimate authority to trump actions of the General Membership regarding enrollment and disenrollment. By custom and tradition, the Enrollment Committee has always taken its directives from the General Membership, and the General Membership has always enjoyed and exercised its authority as the ultimate decision maker on such matters . \

Here are several major issues that illustrate this point:

A. The General Membership approved 2 Enrollment Applications (the first in 1979 and the 2nd in 1996). Although the Enrollment Committees drafted each, changes were made by the General Membership and the ultimate approval of each was via votes of the General Membership. The Enrollment Committee did not then nor do they now have sole discretion or authority in enrollment and disenrollment issues.

B. The General Membershipnot the Enrollment Committee, adopted the Murphys into the tribe. In fact, the Enrollment Committee recognized that it did not have the authority to "adopt" the Murphys as members. Therefore, the issue was presented to the General Membership which was and is the ultimate decider on enrollment and disenrollment issues.

C. The moratoriums on processing enrollment applications were approved by the General Membership. The processing of enrollment applications is the basic duty of the Enrollment Committee. Even though this is so, the Enrollment Committee could not institute a moratorium on its own. The moratoriums had to be discussed, voted on and passed by the ultimate decision-maker in enrollment and disenrollment issues- the General Membership.
Staying with the moratorium issue for a bit, if you apply the reasoning expressed by the Tribal Council in the March 14, 2006 letter, the moratoriums would be in conflict with the Constitution's membership requirements (just as they claim portions of the Petition dated June 19, 2005 are), were/are illegal, and should be subject to the same fate as those provisions of the Petition, i.e. the moratorium should be lifted.

D. The General Membership, not the Enrollment Committee, voted on and enacted the Disenrollment Procedures contrary to the position stated in the Tribal Council's memo, the examples provided above clearly illustrate that the Enrollment Committee does not enjoy ultimate decision making authority or sole discretion in issues concerning enrollment or disenrollment. The Enrollment Committee's authority is clearly derived from the General Membership and the Enrollment Committee exists and serves at the pleasure of the General Membership. The General Membership can, through the authority cited in Article III, and in accordance with custom and tradition, take actions to interrupt, halt, or even disband the Enrollment Committee.

Finally, IF the Tribal Council's action was such a righteous one and was indeed intended to protect the integrity of the Constitution, why did they wait 4 1/2 months to notify the General Membership? Shouldn't they have made the decision right away? Does the Tribal Council IN FACT have the ability to overrule the will of the people?

Wednesday, January 21, 2015

Santa Ynez Tribe Wins Right to Reduce Indian Population In Their Tribe, WITH BIA's assistance

From the attorney for Santa Ynez people that were denied citizenship in their own tribe, Jon Velie.  Velie is well known for fighting for the civil and human rights of Native Americans, against those tribes who would strip them from their brothers and sisters.

For those who followed our case about the Santa Ynez Indian people that were denied citizenship in their Tribe because the BIA confirmed a decision of the temporary election committee officials to analyze and utilize documents outside of the historical document adopted by the people in its Constitutional document, we lost.

The Federal Court was able to hear this case because of a rare clause in the Tribe's Constitutional document that granted the BIA the duty to hear appeals on membership issues.
In our opinion the BIA shirked its fiduciary duty to ensure the officials followed the laws passed by the people.
Unfortunately, the Court agreed with the BIA that it was reasonable for the officials to ask the Plaintiffs to prove that not only was their ancestor listed on the 1940 historical document a full blood, but that her father was too.
We cited federal and tribal court cases that say whatever facts are listed on the historical document are not open to interpretation.
Yet we lost and so did all Indians who have Constitutions that adopted historical documents to prove membership, because this ruling means an appointed officials can now determine whether the rolls may be accurate instead of requiring them to take the data on them as facts. With this additional power, nobody is safe from the whim of analysis.
Today my client's authorized me to appeal. I do so on their behalf and for all who are now exposed.
The fight for Native peoples who's identity is being stripped by their Tribal and Federal governments goes forward.
While physical genocide of Indian people may have passed into the ugly past, native identicide continues as the U.S. policy to reduce numbers of people who can claim the benefits of being an Indian increased its toll by dozens.

The saddest part is the partnership some tribes have taken to assist the Feds in terminating their numbers.

There is strength in numbers. Reducing tribal population based on Disenrollment, moratoriums on enrollment, purging of rolls, utilization of excessive or extra requirements and implementation of blood quantum all have to the same effect, reducing the number of Indians.