Thursday, April 27, 2017

Auntie Margretty Rabang WINS Battle in Nooksack War Against the 306

Photo:  Philip A. Dwyer


Excellent news that the court has held that Auntie Margretty Rabang's lawsuit CAN CONTINUE,

You can read the order HERE but here is a MONEY QUOTE:

Having thoroughly considered the parties’ briefing and the relevant record, the Court finds oral argument unnecessary and hereby DENIES Plaintiffs’ motion to continue and GRANTS in part and DENIES in part

Translation:  SO CUT and dried, we don't NEED to hear no stinkin' Bob Kelly Argument.

AND this:


"[T]hese are very rare circumstances. The DOI has found such disenrollment decisions to be invalid due to a lack of quorum, and the DOI decisions stand during the interim until the DOI and BIA recognize a newly elected Tribal Council or the DOI decisions are invalidated. Under this set of facts, this Court has jurisdiction."

Read more about the issue   HERE  and HERE

#Nooksack306
#TribalDisenrollment

Are Native Americans Entitled to Civil Rights Protections? Paul Johnson, American Indian Activist Discusses What Civil Are Being Violated. Senator Harris, Senator Feinstein PAY ATTENTION to YOUR STATE

I've invited a friend, American Indian Activist Paul Johnson, to write a piece on the civil rights that we constantly talk about, but to many, they only have a vague idea what it means.   I'm going to break down his piece into at least two posts, so I'm inviting everyone to share it and anticipate the next post from Paul.  I'll add some thoughts on how these violations relate to my family's issues at Pechanga.   repost from July 2015


The recent resolution from the NNABA supporting Equal Protection and Due Process for those who have been divested of the Right of Tribal Citizenship
is shining a light on the civil and human rights violations that accompany many of the disenrollment actions happening throughout Indian Country.  So what are these civil rights to which we refer, and how are they being violated?
When we speak of the right to due process we are citing the Fifth and Fourteenth Amendments of the U.S. Constitution. Due process provides protections to those facing a proposed action, applies in civil and criminal proceedings, and has specific requirements.
Here are the requirements in a nutshell:
1.     Unbiased tribunal
2.     Notice of proposed action and the grounds on which it is based
3.     Opportunity to present a reason why the action should not occur
4.     Right to call witnesses on your behalf
5.     Right to know what evidence is brought against you

Wednesday, April 26, 2017

Lewis V Clarke: Matthew Fletcher on the Implications of the Erosion of Sovereignty Protections

Professor Matthew Fletcher, respected editor at Turtle Talk Blog gives his observations on the meaning of Lewis v Clarke, in which the Supreme Court struck down some sovereignty protections .  Are these cracks in the sovereignty dam...because some of the practices of corrupt tribes are being exposed?

Read his essay, and you should be checking his blog every day.

Monday, April 24, 2017

Can Donald Trump FAIL to UPHOLD Federal Trust Responsibility To the Same Magnitude as Barack Obama?

We KNOW that former President Barack Obama's administration FAILED to protect the individual Indian from harm by their tribal leaders.  Can we expect Donald Trump to fail as miserably?  Why do our leaders IGNORE THEIR MORAL RESPONSIBILITY?


WHO can be the BIGGER FAILURE on
Trust Responsibility to Native Americans

We write about tribal disenrollment most often, but this goes deeper, including coverage of health care and all the benefits that should come to ALL Indian people.

As noted Native American attorney Gabe Galanda wrote last year:

WIKIPEDIA: Tribal Disenrollment is Worth an Entry




Tribal Disenrollment has reached WIKIPEDIA.   Yes, the process is SO EGREGIOUS, and has made the mainstream media finally take some notice, that it's got it's own entry into the popular website.

Find the entry on TRIBAL DISENROLLMENT HERE

From the entry:

Wilton Rancheria Casino Plans for Elk Grove in HOLDING PATTERN

DICKSTEIN rears his ugly head in the Wilton Rancheria issue.  Add a dash of Dutschke, and this DD combination is not a good one.

Wilton Rancheria’s bid to build a $400 million Indian casino in Elk Grove is in a holding pattern while the Trump administration formulates Indian gaming policy and reviews Obama administration approvals that ushered the project forward, according to tribal-law attorney Howard Dickstein.

Wednesday, April 19, 2017

The MORAL STAIN of TRIBAL DISENROLLMENT: Trust Responsibility FAILURES by Senate Indian Affairs Committee

MORALITY:  a particular system of values and principles of conduct, especially one held by a specified person or society.


The Obama Administration and the George W. Bush administration that preceded him, both seemed to suffer from "SPINELESS MORALITY" Their Bureau of Indian Affairs turn a blind eye to civil rights violations by native American tribes at every opportunity.   Will the Donald Trump administration be just as guilty?

Tuesday, April 18, 2017

Attorney General Jeff Sessions, What is the Department of Justice's Civil Rights Division's Policy of the Abuses of Indian Civil Rights?

HERE is a letter YOU can and SHOULD send to Attorney General  JEFF SESSIONS, crafted by our friend and guest blogger Reinstatement Resolution We sent this to Obama's last Atty General Loretta Lynch with NO response.

 Maybe...this time.       Image result for jeff sessions images

It's a request for a policy statement,  which could be as simple as "we won't defend the civil and human rights of Indian people harmed by their own Tribes." And may be far too likely.


    US Department of Justice
    Attorney General Jeff Sessions
    950 Pennsylvania Avenue, NW
    Washington , D.C. 20530-0001
    Email: askdoj@usdoj.gov
    Fax Number: 202-307-6777

From:
       
Re: Request for Policy Statement


Dear Attorney General Sessions,

I am writing this request on behalf of thousands of American Indians who have been removed from the Membership Rolls of Federally Recognized Tribes without due process and in violation of their right to equal protection under the law.

Many of the decisions to terminate tribal membership have been imposed by Tribal Leaders without the approval of the General Membership of the Tribe, in direct contradiction of the governing documents of their respective Tribes, and motivated by racial bias. This racial bias is compounded by the fact that some of these Tribal Leaders have no Indian ancestry themselves, and would not meet the same standards as these disenrolled Indians, who have endured discrimination and bias from American society, and now face bias and discrimination from within their own tribes.

Tribal Leaders act with impunity due to the protections of sovereign immunity. Many of these leaders claim that the Santa Clara Pueblos v. Martinez Supreme Court decision gives them the right to exclude legitimate tribal members and they have done so, causing egregious harm to the Native Americans who lose their tribal citizenship. This harm extends far beyond the loss of membership in a Federally Recognized Tribe. It means denial of eligibility for federal benefits to help finance education, medical treatment, and even emergency assistance to families in need. It means the loss of land rights, burial rights, and access to benefits provided by the tribe. It means a denial of heritage, and the legacy of their ancestors, and the connection to their culture.

I want to clarify the facts regarding the disenrollments that are eerily similar in most cases. Disenrollees committed no crime, and in no way compromised their standing within the tribe. The disenrollees did not suddenly stop being American Indians or change in any way. What changed were the Tribal Leaders and their attitude toward certain citizens of their nation. The Tribal Leaders decided arbitrarily and selectively to exclude certain members and targeted them because of their race. They said these members did not belong to the community, that these members did not have the blood of the band, and that these members should never have been enrolled into the Tribe.

Disenrollees do not receive hearings in many cases. They do not have the opportunity to face their accusers, have representation of counsel, present evidence and arguments in their defense, or to be judged by their peers. Disenrollees do not receive equal protection under the law since they have been singled out and placed under a standard that is not applied equally to other tribal members. Disenrollees face ridicule and derision once their membership is terminated, and they are denied recourse because the Tribal Leaders strip them of citizenship and all their rights under tribal law.

Once disenrollees lose their standing as dual citizens, they must be recognized as U.S. Citizens with the full protections of the Constitution and the Bill of Rights, yet the powers and authorities of the U.S. Government have completely abandoned them. Their rights have been abused, their identities destroyed, and their tribal citizenship has been revoked without just cause, but the BIA refuses to interfere. When they attempt to bring the Tribal Leaders to justice, the Courts claim they empathize but have no jurisdiction, and regularly dismiss complaints filed against Tribal Leaders on grounds of sovereign immunity. The Department of Justice has ignored all requests to investigate, and even refused to acknowledge that there have been civil rights abuses.

Now these U.S. Citizens formally request a Policy Statement from the Department of Justice. Does the DOJ recognize the civil rights of U.S. Citizens who are also Tribal Members, and support their quest for due process, and equal protection under the law? Does the DOJ acknowledge that they have a duty and obligation to protect these U.S. Citizens from the abuse of their civil rights, and to investigate the reported violations just as they would civil rights violations in Ferguson , Mississippi or St. Louis , Missouri ?

Please do not once again ignore the thousands of people who have suffered harm through civil rights abuses. They are U.S. Citizens and are entitled to know what policy and guidelines the Department of Justice has in place to enforce civil rights laws on behalf of Native Americans who face discrimination within their own Tribes.

Sincerely,

Monday, April 17, 2017

HAIKU for the Casino Indians:

APPARENTLY, it's #nationalhaikupoetryday 

So, here's my first ever HAIKU

Casino Indians
Dishonor the Ancestors
Via Disenrollment


Here's Haiku #2 for the ELDEST descendant of Paulina Hunter

DIRECT DESCENDANTS OF JOSE JUAN AND GUADALUPE, ORIGINAL MEMBERS OF THE HISTORICAL BAND OF SAN PASQUAL INDIANS, FORCED TO FILE SUIT IN FEDERAL COURT TO BE FEDERALLY RECOGNIZED MEMBERS OF THE SAN PASQUAL BAND AFTER BIA FAILURES

This despite the fact the Bureau has known for decades, the BIA wrongfully enrolled hundreds of Non-San Pasqual Indians in the Tribe and whose families have conspired with the BIA to keep the True San Pasqual Indians from enrollment in their Tribe, and from Federal Recognition .

San Pasqual Indians
Jose Juan and Guadalup


I have the the complaint HERE (START AT PAGE 13)

How can Bureau of Indian Affairs defend their defense of non-San Pasqual Indians, versus their defense of non-San Pasqual Indians?  It makes NO sense!  
If you think the OROVILLE DAM break would be a disaster, think what is coming up for California's Bureau of Indian Affairs, headed by Amy (her again?) Dutschke. The implications of what the B.I.A.  has done at San Pasqual is STUNNING.  There is a lawsuit outstanding now for $89 million the last I heard.   Is the Sacramento Office of Bureau of Indian Affairs going to attempt to defend their fraud and conspiracy, against the enrollment of the True San Pasqual Indians?   How will Sacramento of Bureau of Indian Affairs, complicit in the corruption of THEFT of INDIAN HERITAGE of Jose Juan & Guadalupe Descendants, defend their enrollment of non-San -Pasqual Indians against the True San Pasqual Indians?

The matter of Jose Juan, wife Guadalupe and daughter Modesta Contreras, which we wrote about in April 2014 has reached the filing stage.  Our U.S. Attorneys will be defending the United States of America.  The documentary evidence we've seen is ...overwhelming.   Might they settle to save this from becoming COBELL in magnitude and costing taxpayers hundreds of millions??

Sunday, April 16, 2017

A Blessed Easter Wish for All.

On this HOLY day for Christians throughout the world, we wish you ALL a blessed Easter.

May the corrupt tribal officials find this day as the beginning of their atonement for their sins against their neighbors, their family and their tribe.

Happy Easter

On the first day of the week, Mary of Magdala came to the tomb early in the morning, while it was still dark, and saw the stone removed from the tomb. So she ran and went to Simon Peter and to the other disciple whom Jesus loved, and told them, “They have taken the Lord from the tomb, and we don’t know where they put him.” So Peter and the other disciple went out and came to the tomb. 
They both ran, but the other disciple ran faster than Peter and arrived at the tomb first; he bent down and saw the burial cloths there, but did not go in. When Simon Peter arrived after him, he went into the tomb and saw the burial cloths there, and the cloth that had covered his head, not with the burial cloths but rolled up in a separate place. Then the other disciple also went in, the one who had arrived at the tomb first, and he saw and believed. For they did not yet understand the Scripture that he had to rise from the dead.
John 20:1–9

Friday, April 14, 2017

Dr. David Wilkins New Book DISMEMBERED is Available on AMAZON and GOOGLE: Disenrollment Analysis Please Buy and Read

Our friend Dr. David Wilkins has his book DISMEMBERED out for sale.

While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens.




I was THRILLED to be mentioned in the acknowledgements, along with our friends Cathy Cory of Chukchansi and Mark and Carla Maslin, who is from the Redding Rancheria.  And Gene and Alice Langton-Sloan, who are subject of a post from this morning are also included.