Saturday, February 18, 2017

When 1/3 of the 9th Circuit Got it RIGHT:Jeffredo v. Macarro Dissenting Opinion, Smacks Down Majority Decision

The 9th Circuit was wrong on the Trump Executive Orders, but in 2010, ONE of the Justices got it ABSOLUTELY correct, and the DISSENT was published, which was unusual.

In a previous post U.S. 9th Circuit Court of Appeals Rejects... we wrote that it was rare to have the dissenting opinion published. Well, we have that for you here. We have bolded many of the pertinent portions where the dissenting judge points out the obvious to those justices that apparently took the "blind" portion of the justice is blind too seriously. Take a look.

Money Quote: The combination of the current and potential restrictions placed upon Appellants and the loss of their life-long Pechanga citizenship constitutes a severe restraint on their liberty
.The majority analyzes each of these grounds separately, instead of collectively
, and determines that none amounts to a detention.
I respectfully disagree with this approach

Dissenting Opinion Jeffredo v Macarro

Friday, February 17, 2017

Wilton Rancheria Chairman Hitchcock Tells PART of the Elk Grove Casino Story

But he doesn't TELL ALL OF IT in the Sacramento BEE.    Like, how did a non member (after disenrollment) cemetery become "tribal land".   Lots of questions still.

After 58 years of struggle, Wilton Rancheria is no longer a landless tribe. The placing of 36 acres of land in Elk Grove into federal trust is a testament to the persistence and courage of our members.

And it obscures the fact that this project not only means self-sufficiency and opportunity for the tribe, but jobs, growth and lasting benefits for Elk Grove and the Sacramento region. We care about the community because we are part of it. The vast majority of our 700 members live in Sacramento County; many of them are longtime Elk Grove residents.

Read more here:

There would be MORE members, if they hadn't disenrolled rightful members.

Read what HRVMI Chairwoman Lisa Jimenez had to say to the Elk Grove City Council Meeting

Shorty after Wilton Rancheria received federal recognition many of Ione Tribal members from Amador County relinquished their membership from the Ione Band in order to enroll in the Wilton tribe. These Ione members now Wilton Rancheria members are Amy Dutschke family members. Amy Dutschke is the Pacific Regional Superintendent of the Bureau of Indian affairs who is fast tracking the Wilton Tribes fee-to-trust application. These members want a Casino, that why they switched tribes because Wilton's Casino proposal was moving quickly.
Ms. Dutschke's family voted to disenroll our families allowing them to move into leadership at the Wilton Tribe.

It's NOT a done deal people...lots of questions that should be asked and answered.

Tuesday, February 14, 2017

NOOKSACK IRONY: Tribal Council That Doesn't Recognize Court Orders SUES Interior Department for NOT Recognizing THEM

Isn't it rich?

Turtle Talk has the filings of the Nooksack Tribal Council, led by adoptee Bob Kelly which is currently unrecognized by the Department of Interior for it's failures to follow court court..for it's failure to recognize the current Nooksack Council...

This is an action to compel the defendants to fully fund contracts awarded to the Tribe under the Indian Self-Determination and Education Assistance Act, Public Law 93- 638. Defendants have a non-discretionary duty owed to the Tribe to provide required funding for the awarded contracts and have failed and refused to perform those duties.

 2. This is also an action for a declaration by this Court that the Nooksack Tribal Council was at all times duly and validly elected pursuant to the Tribe’s Constitution and ByLaws and the opinions of the Nooksack Tribal Court, and possessed a quorum under Nooksack law to conduct Tribal business; and that the current Nooksack Tribal Council was duly and validly elected pursuant to the Tribe’s Constitution and must be recognized by the defendants as the governing body of the Nooksack Indian Tribe. \

3. Finally, this is an action to compel the defendants to cease and desist in their arbitrary and capricious refusal to recognize the Nooksack Tribal Council as the governing body of the Nooksack Tribe, to take all necessary steps to withdraw the erroneous, arbitraryand capricious determination of former Principal Deputy Assistant Secretary Lawrence Roberts that the Tribe lacks a quorum to conduct tribal business, and to notify all agencies and persons with whom Mr. Roberts’ determination was shared that the determination was erroneous and without force or effect.

Senate Indian Affairs Committee Subject of Petition Requesting FIELD Hearings on ICRA violations

We've seen what activism can do with the recent visual arts advocacy program in the #stopdisenrollment movement.

NOW, we need to keep the pressure on with...REAL political action. Take ACTION by signing this petition requesting the Senate Indian Affairs Committee hold field hearings into violations of the INDIAN CIVIL RIGHTS ACT. Computer activism is very easy.....

Monday, February 13, 2017

Judge DENIES Standing Rock Sioux and Cheyenne River Sioux Request To Halt DAPL

A U.S. federal judge denied a request by Native American tribes seeking a halt to construction of the final link in the Dakota Access Pipeline on Monday, the controversial project that has sparked months of protests from tribal activists seeking to halt the 1,170-mile line.

Judge James Boasberg of the U.S. District Court in Washington, D.C., at a hearing, rejected the request from the Standing Rock Sioux and Cheyenne River Sioux tribes, who had argued that the project will prevent them from practicing religious ceremonies at a lake they say is surrounded by sacred ground.

The U.S. Army Corps of Engineers last week granted a final easement to Energy Transfer Partners LP , the company building the $3.8-billion Dakota Access Pipeline (DAPL), after President Donald Trump issued an order to advance the pipeline days after he took office in January.

Lawyers for the Cheyenne River Sioux and the Standing Rock Sioux wanted Judge Boasberg to block construction with a temporary restraining order.

"We are contending that the waters of Lake Oahe are sacred to Cheyenne River and all of its members, and that the very presence of a pipeline, not only construction but possible oil flow through that pipeline, would obstruct the free exercise of our religious practices," Matthew Vogel, a legislative associate for the Cheyenne River Sioux, told reporters in a conference call ahead of the hearing.

Friday, February 10, 2017

Mark Macarro Called OUT for Destroying 8 Pechanga Generations in 2nd Annual #StopDisenrollment Advocacy Campaign

Here's some descendants of Paulina Hunter, disenrolled from Pechanga 107 years after her death  They are the 8th generation of Pechanga people that are traceable.  They are showing REAL faces of those harmed by their own people, in this advocacy movement and in some cases, their OWN FAMILIES.
Been seeing a lot of pictures of Natives against Tribal Disenrollment, HAVE YOU posted?

Mark Macarro of Pechanga got rid of 25% of his tribe

Paulina Hunter Descendants
8th generation stripped of their heritage prior to birth by Mark Macarro
Wednesday, February 8, 2017, was the one-year anniversary of the birth of the national advocacy campaign, #stopdisenrollment, the movement will recommence through news and social media.

Celebrated Indian author Sherman Alexie is headlining this year’s movement. Three tribal chairman have added their voices.  

This is the one day to focus on this issue for so many.  Don't let it go to waste. Go to and follow the directions.  Keep spreading the news, send emails to family and friends...and TRIBES who have harmed their own people.

9th Circuit on Trump BAN: Due Process for Potential Terrorists, Native Americans...NOT SO MUCH

Interesting quote from the 9th circuit on Trumps travel ban flap:

 The court said the states were likely to succeed in their due process claim, noting that the due process protections provided under the Constitution apply not only to citizens, but to all “aliens” in the country, as well as “certain aliens attempting to re-enter the United States after traveling abroad.”

The 9th Circuit has RULED many times that American Indians have no such due process rights in the United States.   So immigrants get rights that are denied to American Indian citizens of the United States.

There are many tribes that simply disenroll their people without due process and the 9th Circuit refuses to recognize their claims.  

DO TRIBAL RIGHTS TRUMP Due Process?  Or does the media only care about immigrants and not Natives?

Contributor Paul Johnson wrote about the lack of Civil Rights protections here and there is a story about a judge who said due process isn't required here  

The STUDENTS of WASHINGTON STATE and some foreign nationals were INCONVENIENCED for 90 days with Trumps Travel Ban...but THOUSANDS of Native American's due process rights didn't matter to the 9th Circuit when corrupt tribal governments are stripping citizenship from Tribal Citizens.  And the Federal Government via the BIA, removes our Federal recognition as Indians from our first ancestor to our future descendants.....without due process.

Remember when the 9th Circuit RULED against Indian children being protected by the ICWA?  Maybe if they claimed they were Muslim?  Or worked for Microsoft...

Thursday, February 9, 2017


We have hammered the Robinson Rancheria for their disgraceful actions of disenrollment since 2008.   NOW WE MUST HONOR their effort to bring the disenrolled back to the tribe, where they belong...

Although bittersweet for many as some elders have passed including our friend Luwana Quitiquit,  during the tribe's disenrollment from Nov 2008 to January 28, 2017
Luwana Quitiquit

Native America should be proud of the tribal members who chose to do the right thing. It is now about healing and move the tribe forward.  Chairman Eddie Crandell, who once had been disqualified from running by the disgraceful Tracy are a TRUE LEADER in Indian Country...

Oh SHUT UP FAUXAHONTAS. Your Screeching isn't Helpful, DO YOUR Job

Oh for Pete's SAKE, FAKE INDIAN Elizabeth Warren, a harpie of the first magnitude releases this tweet yesterday after Jeff Sessions was voted in as Attorney General.

WHERE the HELL WERE YOU  Senator, when AG Loretta Lynch turned a BLIND EYE to abuses in Indian Country? Abuses of CIVIL and HUMAN Rights you hold most dear?

WHERE were YOU, Senator, when  Eric Holder turned a BLIND EYE to abuses in Indian Country.  We only heard CRICKETS from YOU and not the screeching we heard this week.

SHUT UP and DO YOUR JOB and stand up for the Trust Responsibility for Native Americans.  OH, WAIT, since you aren't ONE....who cares Right?