Tuesday, August 30, 2016

From STANDING ROCK to SACRAMENTO, INDIAN COUNTRY RISES to PROTECT the Land and The Ancestors

Thousands of our Native brothers and sisters are lining up to protect Standing Rock Reservation from a disastrously planned oil pipeline.   I LOVE OIL, we NEED OIL, but we don't NEED to trample over treaty rights and tribal rights to get it.
STANDING ROCK PROTECTORS

If I didn't know better, I'd say it was amazing how little traction the actions to protect Standing Rock has received.   Racism?  Maybe, or it's just that it's not little blonde girls that may be harmed.  It's why we STILL hear about JonBenet Ramsey, yet FEW of us can name ONE of the 64,000 missing black women America.  Minority issues are rarely covered in our media.  Only MSNBC has given it more than cursory airtime....and few watch that channel.

Those of us who cannot go to Standing Rock can use their telephones to CALL their Senators offices and tell them YOU expect them to shut this pipeline down until the treaty is followed and it's proven safe, or with added safeguards.

Click here for a link on how to find YOUR Senator  and call EACH one. If there are multiple office numbers, CALL EACH ONE.  Tell them you expect them to delve deeper into Native  issues.

READ more about Standing Rock Protection Gathering
Standing Rock vs. The Pipeline
Standing Rock PROTECTORS Arrested
Judge Rules Against Protectors

And upcoming, in Sacramento on October 6 & 7, there will be a protest at the BIA over their lack of action, their misdeeds in some cases on Disenrollment.  There will also be environmental issues discussed.   HUNDREDS have already checked in and will attend the two day event.


COURT Dismisses Jamul Action Committee Case. Sovereignty Where There is NONE?


The Jamul Indian Village, raising a casino after BEATING AND EVICTING residents, won a short vicory in District Court. The committee against the casino wants to keep the suit alive...


On August 8, 2016, the U.S. District Court dismissed Jamul Action Committee's Complaint, without leave to amend. This decision came as a surprise because portions of JAC’s lawsuit are still on appeal with the Ninth Circuit Court of Appeals. The District Court lacks jurisdiction to make any substantive decisions, much less dismiss JAC’s case, while the appeal is still pending. And, because JAC’s appeal may be nearing completion, the timing of this decision is curious. JAC had urged the District Court to delay any such decision until the appeal is complete. Unfortunately, the court did not accept JAC’s suggestion.

Consequently, on August 15, 2016, JAC was required to file an immediate appeal of the District Court’s Order which was decided on narrow procedural grounds. Specifically, Judge Mueller reversed her 2014 approach, that allowed the case to proceed with JIV participating as a non-party amicus, and held that the case must now be dismissed because the JIV could not be joined as a party because they have sovereign immunity. This is not correct. The JIV is a quarter-blood Indian group created in 1982. It decided not to seek federal recognition under 25 CFR Part 83 and is not entitled to sovereign immunity. But the District Court’s use of this procedural technique allowed it avoid deciding the merits of JAC’s lawsuit.

JAC is confident that, despite this temporary procedural side-track, and despite the ongoing casino construction, it will prevail on the merits in the long-run. JAC’s confidence is based the fact that it is undisputable that the current casino is not being built on a “reservation” or other trust land that is eligible for Indian gaming under the IGRA. JAC offered recorded title documents into evidence which demonstrated that the land does not qualify for Indian gaming under IGRA. Neither the Defendants nor the JIV offered any contrary evidence. Instead, they urged Judge Mueller to ignore the evidence and offered a “virtual” or “de facto” reservation theory that has been discredited by other recent court decisions.

The most recent case – decided on July 28, 2016 - which discredited a version of this theory is from the District Court of Massachusetts. (Littlefield v. Department of Interior.) The facts of that case are similar to situation in Jamul in that sense that the tribe in that case (Mashpee) started constructing their casino, despite the fact that there was litigation challenging the casino as being built on land not eligible for gaming. But, the tribe in that case was in a much stronger positon than the JIV. Unlike the JIV, the Mashpee had obtained formal recognition under 25 CFR Part 83 and had formally acquired land in trust under 25 CFR Part 151.

The BIA in the Littlefield case accepted the trust land and declared it to be a “reservation” eligible for gaming. Several members of the community (like JAC) sued the BIA challenging this decision as violating federal law. They did not name the Mashpee tribe but, unlike our situation, the District Court did not hold that the Mashpee was a required party. The Defendants in that case also filed a motion to dismiss. But the outcome was different. Instead of dismissing the community’s case on procedural grounds, the District Court of Massachusetts adjudicated the merits and held that – despite the ongoing construction - the land was not a reservation eligible for gaming because the Mashpee was not a federally recognized tribe in 1934. This was the legally correct conclusion and the reason that we are confident of ultimate success on the merits in our case.

LAW 360 reports:   - Former Jamul Indian Village leaders suing in California federal court over the alleged disinterment of their relatives’ remains during the construction of the tribe's proposed $400 million casino blasted the federal government’s attempt to escape the suit on Friday.

Sunday, August 28, 2016

8 Million Californians to Lose their Citizenship. State Revokes Their Right To Belong

8 MM Californians to Lose Their Citizenship After Immigration Determines They Can't prove they are Citizens. Or, 
How it works at Pala, Pechanga, Chukchansi, Redding, EVIDENCE doesn't MATTER, you are out



Today, you opened your mailbox and discovered a letter from the Immigration Service. You open it and find that the U.S. Immigration and Customs Enforcement has determined that your citizenship with the United States was given to you mistakenly and now they are going to terminate that citizenship.  ICE grants you one hearing to explain why you should not lose your citizenship.

You prepare your hearing materials to prove that this is some kind of mistake. You gather family tree records, birth certificates, and you even have an ancestor dug up to test for DNA which comes in at 99.7% match. Even though you are not allowed to see the “evidence against you, you know you have the burden of proof met, even archeology experts that the INS uses proves your ancestry.

The day of the hearing arrives and you march in to present your case, confident that having been born here in the United States is more than enough qualification for you to successfully prove your case. When it’s your turn to present your evidence, the Immigration Service lawyers simply say, "We don't accept that evidence." The judges in your case, whose relatives sent the letters of disenrollment as Americans side with the Immigration Services. You are now a non-citizen.

How can this happen?

Friday, August 26, 2016

CHUKCHANSI 600 Watch from the Outside as Chukchansi Looks at More Disenrollments.

We wrote in July about new disenrollment activity at the Picayune Rancheria of Chukchansi Indians.

This new disenrollment is purely political as one of the original Chukchansi 600 to be disenrolled, Cathy Cory explains, when asked if the disenrollments have to do with $50 million which is missing.

There are some members of the distributee group which are alleged to have participated in the theft of considerable funds from Picayune--alongside others both inside and outside the tribe. 

That said, that is not the reason the tribal council has given for their proposed disenrollment. They are accused of having "dual enrollment" in another tribe, which is not so. 

The tribal council should ensure action is taken against ALL those suspected of this theft in a court of law, where they would be punished if convicted--not try to disenroll them for something that isn't even the case, and leave others unpunished. This is purely political. 

Over 600 Chukchansi People, fully a third of the tribe, were previously disenrolled in 2006-2007 and REMAIN disenrolled at Picayune today. 

ISN'T IT RICH? NARF Requesting DONATIONS for HEALING? THEY CANNOT BE SERIOUS

This is beyond ludicrous.  The NATIVE AMERICAN RIGHTS FUND (NARF) is requesting DONATIONS to help HEAL our Native Communities.
NARF
Ignoring TRIBAL ABUSES for DECADES

The U.S. Government’s historical attempts to wipe out tribal cultures continue to haunt Native Americans even today but together, we can achieve justice and healing for our communities.

What about CURRENT tribal cultures that have STRIPPED Native Americans of their heritage, denied them justice and injured our children, rather than provid healing.

Remember?  NARF was requested to help the over 11,000 Natives who have been harmed by their tribes?   They said: We don't do Indian vs. Indian   Historical abuse is serious, NARF, but SO IS CURRENT ABUSES BY TRIBES.

Thursday, August 25, 2016

Rep. Jared Huffman REQUESTED to ASSIST Native Americans Harmed By TRIBES; House Natural Resources CAN DO THIS

The disenrolled family group from Hopland, are now going by the name of
THE HOPLAND 74, has put together a letter to Rep. Jared Huffman, of the House Natural Resources Committee to assist Native Americans who have had their civil and human rights violated.

Wednesday, August 24, 2016

REPORT: HOPLAND Tribal Casino UNDER IRS Investigation and TURMOIL

Will this Hopland Tribal Casino
be SHUTTERED?
Facebook pages from former Hopland Tribal members are reporting that the SHO KA WAH Casino is in turmoil

Reportedly, the Steakhouse will close, leaving employees and Tribal Members out of work.

Some inner workings are affected the CASINO GM is out.  IRS and the NIGC , already under fire as ineffective, should be on property now, or very shortly.  Mishandling of funds, embezzlement are on the table.

Nepotism charges are being raised  Gaming Commissioner FIRED.   Reportedly, Joe Elliott has been placed in charge of the casino operations...is he even a high school grad...

STAY TUNED TO THE DEVELOPING STORY...

Pauma Victory over Schwarzeneggar Costs CA Taxpayers $36 MILLION

California will pay $36.3 million after losing a years-long legal fight with a Southern California tribe over a casino deal negotiated by Gov. Arnold Schwarzenegger that traded permission to add slot machines in return for millions of dollars in payments to the General Fund .

Because he SCREWED PAUMA in 2004....  GOOD FOR THEM, bad for CA.

Read more here:AHNULD's FOLLY Screws Californians

Tuesday, August 23, 2016

OPechanga University: LEARNING about Disenrollments, Moratorium, Banishment and Tribal Corruption

CLICK ON PICTURES FOR ARTICLES
Disenrollments En Masse are NOT
the INDIAN WAY
YOU can learn about the corruption and abuses of civil rights in Indian Country with a bit of reading and some "course work" on the injustices to Native Americans from their OWN TRIBES.  Most important, YOU can share with family, friends and government.  Help them earn a diploma for knowledge earned and SHARED.




There has been so much coverage of the latest (meaning last two years) rash of tribal disenrollments at Nooksack, Grand Ronde, Hopland to name a few. 

I thought it would be good to bring some historical context to the issue.


In this post, I put up links to some of  the many stories that have ended with over 11,000 Native Americans, suffering harm from their tribes, coupled with the failure of the BIA/Interior/Federal Governments to handle their trust responsibilities.

Each link will take you to a blog post, and each blog post can be shared on your FB pages, Twitter and Pinterest.   I hope it helps.  I'll revise as I get it together, there is a search bar on the upper left of the blog, search your tribe.