Thursday, April 30, 2015

Corrupt Pechanga Tribe, Does The Right Thing For Once. Claims Luiseno Artifacts, versus Usurping Gabrieleno Bones

The Pechanga Band of Luiseno Indians appears to have won an effort to get thousands of ancient artifacts that were removed from a Luiseño village archeological site in the 1950s returned to ancestral tribes.
A U.S. Department of Interior notice published Tuesday, April 28, said the San Bernardino County Museum has determined that the Pechanga tribe has a valid claim under federal law to the artifacts. Five other tribes with Luiseño lineage also may have claims, the notice states. The museum intends to repatriate the artifacts to one or more of the these tribes.

Even ADOPTED members realize heritage is important.  The Masiels are ADOPTED into the tribe, and are not Pechanga blood.

Chippewa Cree Tribe Ordered to Pay $650,000 To Chairman After Terminating Him for Fighting Corruption

Corruption loses in this case.   All federal monies should be withheld from this tribe until payment is made, reinstatement of it's chairman and ouster of the Cree Business Committee...

St. Marks was re-elected as chairman at two subsequent special elections, and in each instance quickly removed from office by a vote of the tribal business committee. A significant number of St. Marks supporters have also lost their jobs working at various tribal government offices.
Federal investigators have ordered Montana's Chippewa Cree Tribe to pay its chairman, Ken St. Marks, nearly $650,000 in compensation for "prohibited reprisal(s)" taken against him dating back to March 2013.
St. Marks was elected by a majority vote of tribal members to serve as Chippewa Cree Business Committee chairman in November 2012, but was removed from office four months later by a unanimous vote of the business committee.
Business committee members claimed St. Marks had engaged in "gross misconduct," and specifically charged him with seven violations of tribal laws, including sexual harassment, the unauthorized purchase of a vehicle using tribal funds, and unlawfully hiring and dismissing tribal employees.
St. Marks has always contended his dismissal was a punitive action taken by the business committee in retaliation for his cooperation with federal authorities investigating tribal corruption.

On April 24, the U.S. Office of the Inspector General issued a final report, finding that St. Marks' removal from office was motivated by his disclosures to authorities from the Inspector General's Office and the U.S. Bureau of Reclamation.
"(The) Chippewa Cree Tribe acted wrongfully toward St. Marks," the Inspector General's Office's report states. "Moreover, the numerous criminal indictments and convictions of Chippewa Cree Tribe employees and officials create significant concern for the Department about the welfare of the Chippewa Cree Tribe's government and its members."
The report goes on to state that the Chippewa Cree Tribe "failed to substantiate … with clear and convincing evidence" any of the seven charges leveled against St. Marks as justification for his removal from office March 21, 2013.    OP: SURPRISE!
The report states St. Mark's cooperation with federal investigators was a protected disclosure under the "whistle-blower provisions" of the American Recovery and Reinvestment Act, and that there is ample evidence suggesting St. Mark's removal was connected to that cooperation. According to federal documents, the Chippewa Cree Tribe received $27.5 million in ARRA funding in 2009 and 2010 to be applied to work on a regional water project.
The Inspector General's Office has ordered the Chippewa Cree Tribe to pay St. Marks $277,333 in back pay, $202,667 in front pay to the end of his term of office in November 2016, $165,475 in compensation for his legal fees, and $2,956 for travel expenses.
Federal authorities stopped short of ordering the tribe to reinstate St. Marks, and declined to order any compensatory damages. The tribe has 60 days to appeal the $648,000 decisio

Wednesday, April 29, 2015

Lawyers Must Lead the Way AGAINST TRIBAL DISENROLLMENT Abuses. Disenrollment Can Lead to Erosion of Sovereignty. Dianne Feinstein, Barbara Boxer, Are you Paying Attention?

Andrew Westney of Law360, New York has this excellent piece on the roles of attorneys who are partly responsible for the erosion of tribal sovereignty, even by doing the corrupt councils bidding.

Lawyers serving Native American governments are hurting tribal sovereignty by participating in disenrollment procedures that don’t offer enough legal protections to members and should hold
themselves responsible for making sure members’ rights aren’t trampled upon, attorneys say.

National Native American Bar Association earlier this month issued a formal resolution calling it “immoral and unethical” for lawyers to encourage or take part in disenrollment — the process of ousting tribe members — that lacks adequate due process, equal protection or a remedy for the violation of the civil rights of tribe members.

Such measures are vital to ensure attorneys are protecting tribal sovereignty by maintaining a fair process for disenrolling members, said Robert A. Rosette, founding partner of Rosette LLP, which exclusively represents tribal governments.

“If a tribe violates its own laws, there’s no greater erosion of tribal sovereignty,” Rosette said. “If you
have an attorney who is culpable in facilitating a tribe to disenroll its own people and not provide due
process, those attorneys ought to be held accountable.”

Disenrollment has become increasingly prevalent as an upsurge in tribal gaming revenues since the Indian Gaming Regulatory Act was passed in 1988 has raised the stakes for tribes. Fewer tribe members means a bigger share for those remaining on the rolls, attorneys say.

Monday, April 27, 2015

BIA SAYS, CHECK with your Abuser Allen Lawson To See if He's Okay With You Challenging is Abuse at San Pasqual

Here's a letter from outgoing Riverside BIA superintendent Robert Eben, saying basically that: 

In order to challenge the corrupted tribal leader, we must ask the corrupted tribal leader if it would be okay with him to challenge him.

NO, not a joke, they just treat it as one...

BIA's AMY DUTSCHKE Treats San Pasqual Issue as a JOKE. Won't Work to Correct The Issue.

Amy Dutschke, The Bureau of Indian Affairs Regional Director, seems to think that the true San Pasqual people, who are fighting for their rights, are a JOKE.  It's reaching the point of depraved indifference to the lives of Native People.

The BIA has screwed up the San Pasqual situation SO BADLY, they are afraid to make it right.  Take the time to read the letter and send your thoughts to Amy Dutschke
Does she take her job seriously?  Does she care about justice for Native Americans?

Sunday, April 26, 2015

PART III: Are Native Americans Entitled to Civil Rights Protections? Senate Indian Committee Must Have Field Hearings Senator Barrasso.

The conclusion of Native American Activist Paul Johnson's treatise on the violations of civil rights in Indian Country.  Please check out the previous two posts:Part One and Part TWO   .  Thank you Paul for your excellent work on this critical issue infecting Indian Country

The selective nature of disenrollments illustrates the bias and discrimination that motivates these heinous actions. Tribes select entire extended families and target them for elimination. They place unfair standards only on those they wish to eliminate, with full knowledge that there are other tribal members who could not meet the same standard. Disenrollees are treated differently under the law than other tribal members, and this is what is meant by the violation of the right to equal protection under the law. Equal protection means not only that all people shall be treated equally in the enforcement of the law, but also that all people shall have equal access to the law. This right was intended specifically to prevent unfair or discriminatory actions by those enforcing the laws from preventing individuals from obtaining recourse or remedy.
Read the citation from the Fourteenth Amendment carefully. It doesn't say citizen; it says person. In Yick Wo v. Hopkins (1886) the Supreme Court ruled that:
These provisions are universal in their application to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality, and the equal protection of the laws is a pledge of the protection of equal laws.
It doesn't apply to Indians though. Why does the Court deny the civil rights of Indians? Because Congress denies the Civil Rights of Indians. Why does Congress discriminate against Indians? The Supreme Court says that protecting the civil rights of Indians means interfering with the sovereignty of Tribes, but Tribes are domestic dependent sovereigns with lands held in trust by the Federal Government. Congress has plenary powers over Tribes. (OP: plenary power is a power that has been granted to a body in absolute terms, with no review of, or limitations upon, the exercise of the power)
The politics that are being played by Congress and Tribes should not result in the violation of the civil rights of tribal members.
This attitude toward Indians is not new. America has a long and bloody history of mistreatment of native peoples. Nothing has changed except that now Tribes have gaming. Along with the gaming came wholesale corruption. The Federal Government allows the corruption as long as it is just Indians hurting other Indians, but there are other ramifications that have not been fully understood. The BIA now says disenrollees are not eligible for federal services or programs because they are not members of a Federally Recognized Tribe, and their internal policy states that disenrollees are not entitled to per-capita distribution.
The BIA does not inform disenrollees that they are taking these actions against them. They say that tribal law is controlling law for tribal members, but disenrollees are not tribal members. So without committing a crime or any transgression at all against the Federal Government, the BIA denies services, programs, and revenue sharing to those who are otherwise entitled and eligible. They do this without providing due process, and without equal protection of the law. There is no legal definition of disenrollee, and no federal regulation that tells the BIA that they have to stop seeing an Indian as an Indian just because a Tribe decided to harm a selective portion of their members.
Disenrollees can have their tribal membership terminated. It happens all the time these days; however, Tribes do not tell the Federal Government what to do. Why then is the BIA acting against disenrollees on the instruction of Tribes? It appears that the BIA and Tribes are working together to inflict harm and injury on innocent persons, and it is time for disenrollees to recognize that they are U.S. Citizens. In 1924 Congress granted all American Indians U.S. Citizenship, and if their tribal membership is terminated, for whatever reason, Indians revert to U.S. Citizens, and they are entitled to all the rights and protections of the U.S. Constitution and the Bill of Rights. In fact Indians are U.S. Citizens even when they are also Tribal Citizens, and can always assert their rights.
This fact has been lost in the disputes over membership and the BIA and Courts purposely avoid addressing civil rights violations. So far the BIA and the Courts have been able to narrow the scope of their decisions to frame disenrollment as internal tribal matters in which they have no jurisdiction and cannot interfere. They are able to do this because the disenrollees file their appeals and complaints against the Tribes. The Tribes are immune to lawsuits, and the BIA has no jurisdiction, and the cases are dismissed, or the appeals are lost.
The BIA should not disregard these rights and protections, and the BIA should not apply tribal law to those who are no longer tribal citizens. The problem is that disenrollees are so intent on regaining tribal membership that they forget that they are U.S. Citizens and allow the BIA to treat them as neither U.S. Citizens nor Tribal Citizens. To make matters worse the BIA gives deference to the Tribal Leaders who are hurting their own people no matter how corrupt the leaders are. The BIA says it is reasonable for them to give deference to Tribes even though this deference enables Tribes to violate their own Constitutions, Laws, Customs and Traditions.
The BIA addresses only matters involving tribal law and membership disputes and ignores any other arguments in appeals. The Courts rule that Tribes are sovereign and immune to lawsuits. Congress specifically left out provisions for enforcement of the ICRA. Disenrollees are painted into a corner, with no recourse except to claim their Rights. How else are they going to make any headway against a power structure that is completely discriminatory?
The BIA will never interfere and help disenrollees get reinstated. They have no rules, regulations, policies, procedures, court decisions or empowerment from Congress to reinstate disenrollees. Even if a Tribe's governing document gives the BIA this power, they will still try to weasel out of doing something for disenrollees. Instead of seeking reinstatement, disenrollees should tell the BIA that they are being denied due process and equal protection under the law. They should demand a hearing, and an opportunity to present evidence on their behalf with an independent judicial review.
This strategy will have either of two outcomes. It is possible that the BIA will rule that those disenrollees who assert their civil rights are still eligible for federal services and programs despite being disenrolled. Those disenrollees who obtain this ruling from the BIA will have proof that they are Indians, and that the Tribe was wrong in disenrolling them. This is a far better outcome than a decision not to interfere, and could lead to further action.
If the BIA rules that the agency cannot provide disenrollees a hearing or equal protection under the law, then the table is set for a suit against the BIA. The Court will then have an opportunity to hear the arguments and decide for all disenrollees whether or not they have civil rights. In might also mean that disenrollees can file complaints with the Department of Justice claiming civil rights violation by the Tribe against a U.S. Citizen with the support of a judicial decision that says that Tribes do not have the right to determine your eligibility for federal services and programs.
There is even a chance that the Court might rule that the BIA must change the internal policy that disenrollees are not entitled to per-capita revenue sharing. This is where the whole strategy has been pointing. Gaming Tribes have Revenue Allocation Plans with the BIA that state that Tribes must share revenue with Tribal members. There are federal court decisions (Short et al.v. United States, 1973) that state all Indians of a reservation are entitled to share revenue from reservation lands regardless of their tribal membership status. By asserting their claim to civil rights protections disenrollees might be able to remove the reason why the Tribe disenrolled in the first place. If Tribes cannot withhold per-capita from disenrollees they might not be so hasty to disenroll members. With the requirement for Tribal membership out of the picture, then the Tribe will have to share with disenrollees too or be in violation of their RAPs.
Can the BIA force Tribes to share revenue with disenrollees? That question won't be answered until some brave disenrollees assert their claim to civil rights protections. There is also the NIGC, and gaming Tribes must file Tribal Gaming Ordinances with the NIGC that state they will share revenue with tribal members. Along with the Tribal Gaming Ordinances comes a waiver of sovereign immunity due to the provisions of the IGRA. Gaming Tribes must sign such a waiver so that the NIGC can enforce the Indian Gaming Regulatory Act.

The alphabet soup gets a little crowded here, and before too much complexity drowns these actions in a slew of hearings and delays the best weapon that disenrollees have is to stand fast to their civil rights and see where the strategy leads. Most Tribes will probably reconsider their disenrollment decisions if it becomes apparent that the federal government will be forced to either investigate or act. No one knows if this strategy will work though. It hasn't been tried before. 
This is an opportunity to fight disenrollment actions and force the BIA, the DOI, the DOJ and perhaps even Congress to develop a policy that addresses the civil rights of Indians in a meaningful way. We won't know until we give this strategy a ride and test it out. 

White People Taking Over Alturas Indian Tribe, While Native's Everywhere are Losing their Tribal Citizenship via Disenrollment.

Steve Maganini of the Sacramento Bee has the story of the 7-member Alturas Rancheria.  They are adopting white people into the tribe, to benefit from federal dollars.  This flies in the face of Native Americans that have had their citizenship terminated.    

These adopted whites, will have all the benefits of Native Americans, while disenrolled Natives, lose theirs.

The tribe has just three to seven members, depending on who is counting. Perhaps the smallest of California’s 68 casino tribes, Alturas Rancheria in recent years has adopted five members as a way to make money. Two of them, including Phelps, are white.   

A tangled web is weaved:
The newcomers have divided the tribe and stoked a conflict over tribal revenues that has consumed an outsized amount of time and money in state and federal courts. The U.S. Postal Service even had to decide recently which of the feuding members was entitled to receive the tribe’s mail.

When even HOWARD DICKSTEIN thinks it's fishy, you KNOW it's fishy:

Howard Dickstein, one of the nation’s foremost tribal lawyers, said the adoption of people with no connection to the tribe and little or no Indian blood “doesn’t pass the smell test.”
“It’s not necessarily against the law to adopt a white person, but if there’s no historical connection to the tribe, it sounds like a scam to take advantage of their membership for business reasons and manipulate the tribal government,” Dickstein said.
Looking back, Wendy said she and Phillip made a mistake pinning their hopes for increased wealth on outsiders. The tribe has spent more than $2 million on legal fees. “When Phillip and I took over, we didn’t know what we were doing,” she said. “We should never have adopted anybody into the tribe.”

Could DISENROLLMENT Lead to Nooksack Casino Closure? Looks Like Bob Kelly is Incompetent

Found this at our friends the NOOKSACK 306's Facebook Page.  It puts things in perspective how disenrollment has negative effects.... FOR THE TRIBE:

How can anybody be surprised that the Nooksack River Casino will close? Or that our Tribe's government has basically shut down?
Consider those of us 306 who have been fired by Bob Kelly and Katherine Canete without cause during our disenrollment:
Nooksack River Casino General Manager Ronald Miguel
Nooksack River Casino Manager-On-Duty Robert Gladstone
Nooksack River Human Resources Manager Michelle Roberts
Nooksack River Food and Beverage Manager Angel Rabang
Nooksack River Keno Supervisor Bonnie Forbes
Tribal Landscaping Supervisor Rudy St. Germain
Tribal Natural Resources Office Manager Raeanna Rabang
Tribal Water Treatment Specialist Richie Gladstone
Nooksack TANF Manager Roma Oshiro
Nooksack TANF Caseworker Elizabeth Oshiro
Tribal Maintenance Director Roy Nicole
Tribal Landscaping Supervisor James Rabang
Tribal Language Teacher George Adams
Bob Kelly and Katherine Canete have also fired the Tribe's Finance Director, Medical Clinic Director, Assistant Director of Education, Accounting staff, Social Services and Housing caseworkers, a Human Resources representative, a Tribal Council executive assistant, and many other non-306 Tribal members.
Think of the families that have been impacted by these hateful firings. Think of the food that has been taken off of dinner tables. Think of the clothes that have been stripped from children's backs.
This destruction of our Tribe must be stopped--before there is no Nooksack Tribe to speak of. WE ALL BELONG

Part II: Are Native Americans Entitled to Civil Rights Protections

In the first post on the violations of civil and human rights ( Are Native Americans Entitled to Civil....) written by guest blogger Paul Johnson, he concluded by asking this question:

Was it an oversight of Congress to omit the power to enforce these rights for tribal citizens?  The obvious answer is NO!

If Congress had wanted teeth in the ICRA they would have included provision for enforcement, or they would have amended the ICRA after over forty-five years. The Santa Clara Pueblo v. Martinez (1978) decision ruled that:
As originally introduced, the Act (ICRA) would have required the Attorney General to 'receive and investigate' complaints relating to deprivations of an Indian’s statutory or constitutional rights, and to bring 'such criminal or other action as he deems appropriate to vindicate and secure such right to such Indian.'...Congress retains authority expressly to authorize civil actions for injunctive or other the event that the tribes themselves prove deficient in applying and enforcing it’s (the ICRA) substantive provisions.”
So the Supreme Court says it is Congress' job to provide remedy if Tribes don't enforce the ICRA and protect the rights of their citizens. Obviously Congress is not motivated to act on behalf of harmed tribal citizens, so we can blame Congress for enabling Tribes to terminate members, but Congress must bear only part of the responsibility. The Supreme Court also says that:
". . . To abrogate tribal decisions, particularly in the delicate area of membership, for whatever `good' reasons, is to destroy cultural identity under the guise of saving it." 402 F. Supp., at 18-19.
So the Santa Clara Pueblos v. Martinez decision limits the power of the Federal Government to interfere with tribal decisions. And even though the ICRA guarantees Indian Civil Rights, Santa Clara Pueblos v. Martinez goes on to say that the ICRA:
...provides that States may not assume civil or criminal jurisdiction over 'Indian country' without the prior consent of the tribe, thereby abrogating prior law to the contrary.”
So the government can't enforce civil rights protections on reservations unless Tribes waive their sovereign immunity. The NNABA resolution declares that human rights and fundamental freedoms of all shall be respected, but who is going to tell Tribes this? Not only has the Supreme Court ruled that the Federal Government can't interfere with tribal decisions on membership, but other court decisions have expanded on the Santa Clara Pueblos v. Martinez decision and consistently ruled that sovereign immunity protects Tribes against lawsuits, and this has enabled Tribes to violate the civil rights of their members.

It is clear that the ICRA was never meant to provide for the protection of the rights of Indians. Read the Supreme Court decision yourself if you want to understand the position of the Court. The whole idea was that Tribes would provide this protection for their own people as part of their commitment to self-determination. Congress assumed that Tribes would naturally promote the interests, welfare, and status of their citizens far better than the Federal Government. 

Who could have foreseen that Tribes would seek to intentionally harm their own members, their own family? That is NOT the Indian Way.

The NNABA resolution is forceful in its affirmation that the right of tribal citizenship is absolute and inherent, and the U.S. Views citizenship as sacrosanct. However, Tribes have taken destructive action against innocent individuals who have committed no wrong or harmed the Tribe in any manner whatsoever, stripped them of their citizenship, and justified these actions with reasons that are simply false and illegitimate. (OP: Changing blood quantum (Pala); correcting "mistakes" in membership rolls i.e. Chukchansi, Grand Ronde, Nooksack or politically motivated i.e. Redding Rancheria, Jamul, United Auburn) 
We will continue in PART III, please, share on Facebook and Twitter and make sure you address your tweets to your state's Senators and to @SenJohnBarrasso  and @indiancommittee and @NatResources and @civilrights.

Friday, April 24, 2015

APARTHEID RULER Mark Macarro, Says POKER belongs to Tribes and Card Clubs. Bad Actor Speaks

Pechanga Band of Luiseno Indians Chairman Mark Macarro, who leads an Apartheid reservation and who is well known for harming Native Americans, has come out swinging on Online Gaming.

“The only entities that can play poker in California are Indian tribes and card clubs, period,” Chairman Mark Macarro told attendees of a GiGse 2015 panel Tuesday in San Francisco.

The very same person, that violates tribal law, lied to Congress, covered up corruption and has stolen hundreds of millions of dollars in per capita payments, now finds a law he likes:  

“The future of our people, the future of our tribes, depend on that policy, that law,” Macarro said.

Really, "our people"?  You got rid  of HUNDREDS of OUR PEOPLE, including many, unlike you who still LIVE ON THE PECHANGA reservation.   HAVE YOU NO SHAME, Mr. MACARRO?  Pechanga is a BAD ACTOR and a tribe that SHOULD NOT be considered for online gaming in CALIFORNIA. 

Read More about What Pechanga's own BAD ACTOR Mark Macarro has Done to OUR people.

Manuela Miranda Family Expelled
Moratorium People
Macarro's Council violate their OWN Constitution
Hunter family Termination

Casino Tribes AGAINST Easing Federal Recognition Rules for Tribes. Don't Want Competition for their Casinos

Amazing that tribes support rules to keep other tribes from gaining federal recognition, but when it comes to challenging their own sovereignty, they squeal like greedy pigs.

The chairman of the House Natural Resources Committee is demanding that the Obama administration hold off on new rules that could make it easier for Indian groups to win federal recognition as tribes.

American Indians have been pushing for years to revise the process, but proposed regulations nearing the finish line have deeply divided existing tribes, and Congress. Rep. Rob Bishop, a Utah Republican, says he’s prepared to use every tool at his disposal to block enactment of the regulations.

He criticized the Interior Department for forwarding the regulations to the Office of Management and Budget for final approval earlier this week. He said the administration has ignored lawmakers’ requests to hold off on the rules until Congress has a chance to review them. “Are our concerns not important to you?”

Bishop asked an Obama administration official during a subcommittee hearing Wednesday evening. Kevin Washburn, an assistant secretary of the Department of Interior, said the administration has been criticized for moving too slowly on the regulations, and he refused Bishop’s request. “There’s been a lot of oversight. In fact, that’s where we got a lot of our ideas,” Washburn said. “... There’s been an enormous amount of effort, and we are going to try to get this done.”

Federal recognition has been granted to 566 American tribes, and it is sought by others because of the health and education benefits it brings to tribal members, along with opportunities for commercial development. Under the current recognition process, which dates back to 1978, the Interior Department has recognized 17 tribes and denied 34 requests. A proposed rule issued 11 months ago changes some of the thresholds groups would need to meet to be federally recognized as a tribe.

For example, the proposed regulation reduced how far back in time a tribe must demonstrate it has been a distinct political entity with authority over its members.

The proposed regulation would also allow tribes denied federal recognition to try again.

Republicans and Democrats in Congress have expressed concern about the cost to the federal government, and about how the approval of new tribes could alter the casino landscape in their home states. Existing tribes have also raised the casino issue and say that adding tribes would stretch already scarce federal resources allocated for health care, education and housing for Native Americans.

Wednesday, April 22, 2015

Saginaw Chippewa Disenrolling to 'balance the budget'. Stripping Citizenship for Dollars, Sound Familiar?

Gloria Narvais is from the Ortiz family group.
She and 166 other Saginaw Chippewa  Tribal members are appealing a judge’s recent opinion that a six-year-old disenrollment case can be re-opened.
There are 233 Tribal members appealing Tribal Chief Judge Patrick Shannon’s March opinion, but only 167 are living.
Mt. Pleasant attorney Paula M. Fisher filed an paperwork March 31 to the Saginaw Chippewa Court of Appeals, arguing that the Tribe is violating the plaintiffs’ due process by revisiting disenrollment issues time after time.
For Narvais, it’s the third time she has had to defend herself against disenrollment, which she said is a way for Tribal Council to balance the budget.
“They aren’t following protocol,” she said. “These are tough economical times for everyone.”
Narvais thinks the Tribe is balancing the budget by decreasing the number of members, thus decreasing the amount of per-cap payments.

Monday, April 20, 2015

Last Real Indians Denounces Disenrollment, Joining Native American Bar Association

The writing group LAST REAL INDIANS has a piece out on DISENROLLMENT.   THEY DON'T LIKE IT.  Fitting that some disenrollment tribes have councils with NO Indian Blood, or were adopted themselves.  The wattage of the spotlight on the corrupt actions of disenrollment is increasing

Disenrollment is not our way as indigenous peoples.

We know of no Lakota word for “disenrollment.” We have no prayers, songs, dances or ceremonies about disenrollment. We know of no Sioux leaders who have ever disenrolled our relatives from the Great Sioux Nation.

Disenrollment is a tool of colonialism and conquest.

The United States began planting the seeds of disenrollment during the Indian removal and allotment eras, in furtherance of indigenous land dispossession and assimilation. The federal government then introduced disenrollment to us during the Indian reorganization era, to further assimilate us.

Disenrollment is not indigenous to us or our lands.

We are people of kinship and inclusion. We inter-marry with other peoples from Turtle Island. We adopt children from other tribes, into our tribes and families. We take relatives who are cold or hungry, into our homes and communities.

We do not exclude our relatives, except in instances of banishment or exile as punishment for serious offenses against our people and ways.  OP:  In Pechanga's case, they took the word of a convicted, imprisoned child molester over the preponderance of the evidence in the Paulina Hunter Matter.

We most certainly do not exclude our Indian children. It is horrible to think that a Lakota child would lose the protections afforded by the federal Indian Child Welfare Act, upon his or her disenrollment.

Disenrollment goes against our ways of being and co-existing.

We understand the need to exclude non-Indians from our communities and territories, to protect ourselves against the forces of Manifest Destiny. Our tribal governments enjoy the inherent right to exclude outsiders from our country.

But disenrollment is exclusively aimed at Indians—not non-Indians. To be disenrolled, you first have to be tribally enrolled. Since tribes do not enroll non-Indians, tribes cannot, and do not, disenroll them. Instead tribes disenroll their own—their own kin.

Disenrollment is not an act of inherent sovereignty or self-determination.

Again, disenrollment was foisted upon us by the federal government, for ulterior purposes. It is not a practice that has existed within our societies or governments since our beginnings. Nor is it a practice that perpetuates our existence or belonging as indigenous peoples. It does the opposite: it diminishes us—all of us on Turtle Island—in size, strength and spirit.

Disenrollment is an act of Indian disenfranchisement.

The practice deprives our relatives of what it means to be indigenous; what it means to be tribal. It strips them of their Indian rights to worship; to fish, hunt and gather; to be with the land; to participate in ceremony and celebration; to vote, speak and be heard. It strips them of their right to belong. It strips them of their everything.

Disenrollment is today’s “kill the Indian, save the man”-regime. But now, we are doing it to ourselves. We are killing each other, terminating ourselves.

We denounce disenrollment. Real Indians don’t disenroll.
Learn More on Disenrollment, Ethnic Cleansing in Indian Gaming Country at these Links:
Gaming Revenue Blamed for Disenrollment
disenrollment is paper Genocide
CA Tribal Cleansing
Tribal terrorism
TRIBAL TERRORISM includes Banishment
Nooksack Disenrollment

Sunday, April 19, 2015

Instant KARMA 2.0 : Disenrolling Casino Tribe The NOOKSACK's CASINO May Close, Following Chukchansi Casino Closure, ALSO a Disenrolling Tribe

The Nooksack River Casino’s days could be numbered, pending a ruling in Whatcom County Superior Court later this year.  This would follow on the heels of a shutdown of the Chukchansi Gold Casino, also a disenrolling tribe's casino late last year.   Disenrollment is BAD FOR BUSINESS.  If those tribes will cheat their own people, won't they cheat their customers?  Their lenders?

 Since at least 2011, the Nooksack Business Corporation an entity owned by the Nooksack Indian Tribe, has tried to shirk its responsibility to pay back about $15 million in loans it obtained from now-defunct BankFirst in 2006.    PAYBACK?  PAYBACK?  We don't need no stinkin' payback, right, we are sovereign..

Friday, April 17, 2015

Pechanga Crime Watch: Slow Speed Chase on The REZ with heavy Police Presence

Reports coming in that there was a slow speed car chase all over the rez at 1:30 a.m. with 5-7 police vehicles and a helicopter. There was also a police swat team and helicopter the night before. Lots of action. Pechanga, has a lot of felons..and that's just in the Masiel Basquez Crime family, one of whom was a carjacker, lots of drugs... Details as they become available. Stay Tuned

Wednesday, April 15, 2015

Mark Macarro Sets Up STRAWMAN in Television Interview on Pechanga Disenrollment

By exaggerating, misrepresenting or just fabricating someone's argument, as Pechanga chairman Mark Macarro does here, in his interview with KNBC's Colleen Williams. It is much easier to present his position as being reasonable

Here in a discussion of Paulina Hunter descendants, he tries to shift the discussion from a family with ties to the reservation, by blood, since its inception, to the casino.  The majority of Hunters have a lower enrollment number than Macarro himself.  Watch

Hear is the response to that:

Total B.S. as it applies to Hunters. Paulina Hunter, whose ties to the reservation were cemented by testimony of fellow Pechanga people, who KNEW PAULINA HUNTER in the 19th century, disprove this strawman argument.  Hunters have lives on the reaervation for decades before Macarro was born.

What Macarro doesn't say, is that there are NON Pechanga blood on his own tribal council, right Butch Murphy?

Tuesday, April 14, 2015

Chukchansi Tribal Casino: 14 Who RAIDED Casino Claim THEIR Rights Were Violated By Being Charged with Kidnapping and Assault

Fourteen members of the Chukchansi Gold Resort & Casino tribal police force and security team have filed legal claims against Madera County saying they were falsely arrested and jailed for trying to take back a casino gaming office from an opposing faction.
Among those named in the claims are former District Attorney Micheal Keitz, retired Sheriff John Anderson and prosecutor Nicholas Fogg. The claims suggest that county officials are also involved in malicious prosecution and civil rights violations.
The claims say that each man is seeking in excess of $1 million. The members of the security force claim monetary losses from being unable to work, emotional distress and loss of reputation. Many of the men had to pay bail amounts of hundreds of thousands of dollars, with some in excess of $1 million.
The Madera County Board of Supervisors will review the claims Tuesday during the closed session of its weekly meeting.
“Because they have the potential to be litigation, we will make the board aware of them,” said Regina Garza, Madera County counsel.
If, or when, supervisors reject the claims, it will allow the men to file civil lawsuits against the county.
Claims were required to be filed by last week, which marked six months since the gaming office raid at Chukchansi Gold Resort & Casino.
Overall, 15 were charged in the case. Only security officer Miguel Ramos did not file a claim. There are provisions in the law that allow him to file a late claim.
On Friday, Madera County Superior Court Judge Dale Blea would not dismiss criminal charges against the 15 men. Blea said the county acted properly in making the arrests and that none of the defendants had immunity in the casino office raid either as police officers or members of the tribe.
Ten of the men were hired as tribal police officers and were being paid by the Tex McDonald faction of the tribe when they raided the casino office on Oct. 9. The takeover took about five minutes. During the raid, the men handcuffed and detained security forces paid by the Reggie Lewis-Nancy Ayala faction, which had control of the casino and hotel. The men were charged with kidnapping, assault with deadly weapons and a variety of other crimes.
McDonald tribal police chief John Oliveira said the office raid only took a few minutes and his forces never stepped foot on the casino floor. His group’s video shows much of the hotel operations continuing normally as his men detained the other security team. It was not until 90 minutes later when the fire alarm was pulled in the hotel basement by those associated with the Lewis-Ayala security team that the casino and hotel was evacuated.
Mark Coleman, who represents nine of the men involved in the raid, said the men hired by Oliveira were all in law enforcement or retired from law enforcement or had military backgrounds. Some even train military and law enforcement officers.
“What’s happened to these guys is terrible,” he said. “They are all honorable men who thought they were doing legitimate work.”

Read more here:

Monday, April 13, 2015

NNABA Declares Lawyers Advocating FOR Disenrollment: IMMORAL and UNETHICAL: BOOM!

SO it is WRITTEN, So It Shall BE.    The National Native American Bar Association has STOOD UP for Justice, where the NAACP, the ACLU, NARF, NCAI, BIA and The JUSTICE DEPARTMENT  FAILED.

Here is their resolution that was adopted  just last week.   NOW, the Civil Rights division needs to come out SWINGING!

RESOLUTION # 2015-06 

TITLE: Supporting Equal Protection and Due Process For Any Divestment of the American Indigenous Right of Tribal Citizenship

WHEREAS, the National Native American Bar Association (“NNABA”) was founded in 1973 and serves as the national association for Native American attorneys, judges, law professors and law students, and strives to be a leader on social, cultural, political and legal issues affecting American Indians, Alaska Natives, and Native Hawaiians; and

WHEREAS, NNABA works to promote issues important to the Native American community and to improve professional opportunities for Native American lawyers, we do hereby establish and submit the following resolution; and

WHEREAS, the American indigenous right of tribal citizenship is sacrosanct; at tribal common law, the right, once vested, is recognized as an “absolute right.” Terry–Carpenter v. Las Vegas Paiute Tribal Council, Nos. 02-01, 01-02, 10 (Las Vegas Paiute Ct. App. 2003); and

WHEREAS, the United Nations Declaration on the Rights of Indigenous Peoples (“the Declaration”), as endorsed by the United States in 2010, affirms that all at indigenous persons enjoy an inherent “right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned”; and

WHEREAS, Article 34 of the Declaration provides: “Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards”; and

Friday, April 10, 2015

CA Appeals Court SCOFFS at Congress's Inaction to Protect Natives From Corruption. Senators Barrasso, Feinstein and Boxer, ARE YOU PAYING ATTENTION

I have the video here of the recent court of appeals case where the Pala Tribe was sued for their corruption. The Justices all want to help, but there's very little leeway for them to act. WHY? Because Congress has failed to act.

 As Pala's OWN attorney states, "...The Supreme Court invited Congress to STEP in, to which, the judge scoffed, "YOU CAN'T GET CONGRESS TO DO ANYTHING"    Burn. This is a good case to watch, the pertinent portion above is at the 27:00 mark.

Chukchansi 15 Back Before Judge, Who Is In Charge?

A Madera County Superior Court judge will hear Friday from lawyers seeking to dismiss criminal charges against 15 defendants involved in the Chukchansi Gold Resort & Casino office raid on Oct. 9 that sparked the casino’s evacuation and closure.

Read more here:
Before hearing the criminal case, Judge Dale Blea first has to decide whether the Madera County District Attorney’s Office and Sheriff’s Office had jurisdiction to make the arrests and file charges. Another issue is whether either of two tribal factions was in control — and had the authority to employ police officers — because the federal government had not recognized a tribal government in October.
Both  prosecution and defense lawyers say that since neither side was the recognized leadership, both lacked authority. The lawyers are using that lack of recognized authority as key parts of their arguments. 
The 15 defendants, including tribal council members Tex McDonald and Vernon King, police officers and members of their security team, were later charged with kidnapping, assault with a deadly weapon and other crimes. Nobody from the security team employed by the Reggie Lewis-Nancy Ayala tribal faction was charged.
The Oct. 9 raid was planned to recover audit information requested by the National Indian Gaming Commission, which had threatened to close the casino if two years of audits were not filed by Oct. 27. The Lewis-Ayala group had kept the McDonald faction away from the information since late August.
Defense lawyers say the McDonald tribal faction’s force was acting in “good faith” when its members detained and handcuffed members of the opposing security force. About an hour later, those arrested were released to then-Madera County Sheriff John Anderson. Those actions on Oct. 9 are seen in a video that’s part of evidence set to be released at Friday’s hearing.

Read more here:

Thursday, April 9, 2015

Sen. John Barrasso is Requested to Hold Field Hearings IN CA, on Civil and Human Rights Abuses By Tribes on Native Americans.

Senate Indian Affairs Committee
838 Hart Senate Office Building
Washington , D.C. 20510

(202)228-2589 fax

Re: Request for Committee and field hearings on civil rights violations in Indian Country

Dear Chairman Barrasso and Honorable Committee Members:

I respectfully submit this letter as a request to your Committee to hold field hearings on the growing number of civil rights abuses occurring in Indian Country.  Your recent hearings at the Wind River Reservation shows your committment to finding the issues that are critical in Indian Country.

The number of civil rights violations in Indian Country has reached epidemic proportions. Thousands upon thousands have been stripped or denied the basic due process and equal protection rights provided for in the United States Constitution, the Indian Civil Rights Act of 1968 (“ICRA”), and tribal laws.

Most recently, a report by the Government Accountability Office (“GAO”) referenced the fact that internal tribal disputes “seem to be occurring more and more frequently”. In response to the growing number of these types of disputes, the GAO felt it was necessary and appropriate that nominees to the Secretary of Interior be asked how they would address such issues.  We who have been harmed by tribes such as Pechanga, Pala, San Pasqual, Chukchansi, Redding, Grand Ronde and Nooksack to name just a few, would appreciate the opportunity to enlighten your committee on the issue.

The responsibility to address this issue does not lie with the Interior Secretary alone. Even the appelate court in CA erupted in derisive laughter in the recent Pala disenrollment hearing when it was stated that it was up to Congress to act. The number of civil rights violations in Indian Country will continue to grow unless Congress once again takes action, just as it did in enacting the ICRA, to further protect individuals from the “arbitrary and capricious” actions of tribal governments. Considering the current situation and an environment which rewards the villain and punishes the victim, I ask you, “How do you plan to address this problem?”

I believe that hearings on the current civil rights situation in Indian Country are not only warranted, they are long over due. Therefore, I respectfully request that your Committee hold hearings as an initial step to further action that will uphold and enforce the rights of those who, to date, have been stripped of or denied the basic rights guaranteed by law.

I trust you will thoughtfully consider my request, and I will eagerly await your response.

Respectfully submitted,

NATIVE AMERICANS: Use All the Arrows in the Quiver, to FIGHT FOR OUR RIGHTS.

I've been having discussions with many separate tribal groups and it seems like only a FEW people are working to obtain results.   I hear from MY family all the time, WHY won't someone DO something?  I say, WHY WON'T YOU?     We need more people from all tribes that have been harming their people to stay involved, keep the greased wheel squeaky.    We can have victories, I've proven that with a Washington DC visit.   But the pressure needs to stay on the politicians and that means using our number.    I stole this saying from our friend from Pala:

Letters, Faxes, phone calls, Tweets, Shares, emails are ALL ARROWS in our quiver.   We all have TIME and we should be putting it to good use.   They have deep pockets, but we have a righteous cause.  Let's pressure our politicians to DO the RIGHT THING.

Tongva Nation Raises Objections to US NAVY's "DEFECTIVE" Determinations on Pechanga's Theft of Tongva Ancestral Remains

Looks like the Tongva Ancestral Territorial Tribal  Nation was a bit more forceful in their holding the Navy responsible for the Great Pechanga Raid on their ancestors, they also accuse Pechanga member Laura Miranda of interference in the process.  Miranda is a vice-chairman of the Native American Heritage Commission. 

Tribal administrator John Tommy Rosas let's the Navy have it:

TATTNLAW@GMAIL.COM   310 570 6567

Mr. Joseph Montoya,

We are now objecting and opposing your/US NAVY illegal defective determinations as published in
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices -
We were illegally excluded and illegally not contacted for required tribal consultation under SEC 106 NHPA, NAGPRA, AIRFA,NEPA.

We are on the NAHC contact list and the US NAVY either illegally did not contact NAHC for the ISLANDS descendant of which I am a lineal descendant or US NAVY committed statutory discrimination in excluding me/TATTN on any consultations and notices, in which we object and oppose.

We also assume Laura Miranda a NAHC staff person and a Pechanga claimed member may have illegally interfered with the process as the notice does not describe how the US NAVY suddenly gave sole consultation to Pechanga-

We also take offense and exception on the US NAVY'S erroneous assumptions on these determinations all of which we object and oppose to completely as false and defective. quote-
/// Determinations Made by the U.S. Department of Defense, Department of the Navy Officials of the U.S. Department of Defense,

Department of the Navy have determined that:

• Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 469 individuals of Native American ancestry.

• Pursuant to 25 U.S.C. 3001(3)(A), the 436 objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

• Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and the Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation, California.

The TONGVA have also called in the big guns  in the anthropology field, you can see their letters below, they are pretty damning to Pechanga's claim on the remains.

For sake of bandwith, you can find an additional letter here but it says that the natives who were on the islands, including San Nicolas were Chumash and San Nicolas Island.

Support the Tongva and Gabrieleno people in protecting the remains of their ancestors.   Pechanga protecting their own ancestral remains by placing a GOLF COURSE above their bodies. Pechanga is simply NOT TO BE TRUSTED.  

A tribe that harms their OWN, LIVING RELATIVES should NOT have a say in the ancestors of another tribe. The United States Navy needs to do it's research, and listen to the EXPERTS.  

Please, share via Facebook and Twitter, let it NOT be said by the powers that be... WE DIDN'T KNOW.

Wednesday, April 8, 2015

Tongva Ancestral Nation Gets Naval Response on Pechanga's Theft of Bones

We've written twice on the Gabrieleno Kizh demanding answers from the Navy.  Now, a second group of Gabrielenos, the Tongva Ancestral Nation HAS received a response, and it looks like their query was in the nick of time.   There was a comment period.

It appears the Navy will be reviewing the disposition of the remains, while assessing the latest information

Tuesday, April 7, 2015

Chukchansi: Another Month of CLOSED Casino/NO Revenue

The Picayune Rancheria of the Chukchansi Indians in California is entering the six month of life without gaming.  

A dispute among rival factions led to the closure of the Chukchansi Gold Resort & Casino on October 10, 2014. More than 1,000 people were put out of work amid a squabble that appears to be linked to a long-running disenrollment effort.

After being restored to federal recognition in the 1980s, the tribe's membership was around 1,800, Valley Public Radio reported last month. But in the years following the opening of the casino, the rolls have been cut in half.

"My uncle was honored as an elder at the powwow and a week later got a letter saying he was no longer a member," Chris Ballew, whose family was disenrolled in 2012, told National Public Radio.
Critics point the finger at leaders like Nancy Ayala, who serves as co-chair of one of the councils on the reservation. They believe she wants to reduce the membership even further, a charge she does not outright appear to be denying.

"If we could tackle that and figure out how people fit in, where they fit in, do you belong - if we could figure that out, we would be a power to be reckoned with," Ayala told NPR.

Tribal members receive a monthly per capita check of about $900, according to NPR. Further disenrollments could increase the payment to around $17,000, NPR said.

Friday, April 3, 2015

Was Jerry Brown's REFUSAL to Renegotiate North Fork Rancheria Gaming Compact a Way to Ensure THEY DO GET GAMING?

That's what this article in  from Dickinson Wright  law firm seems to say:

In January 2015, the Tribe requested that the State reopen compact negotiations. In a January 16, 2015, letter to the Tribe’s attorney, Joginder Dhillon, Senior Advisor for Tribal Negotiations to Governor Brown, wrote: “Given that the people have spoken, entering into negotiations for a new compact for gaming on the Madera parcel would be futile.” 

Dhillon’s letter was exactly what the Tribe needed to demonstrate that the State had refused to negotiate. On March 17, the Tribe filed a federal lawsuit against the State of California in federal district court alleging that the referendum overturning the compact ratification and the renewed refusal to enter new negotiations violated IGRA. The Tribe asked the court for a declaration that the State had failed to negotiate a Class III gaming compact “in good faith” in violation of IGRA and for an order requiring the State to resume negotiations. 

The State has yet to file an answer, but California’s waiver of its Eleventh Amendment immunity to the Tribe’s bad-faith suit means that the Tribe will likely prevail and win the right to conduct Class III gaming at the site. In the meantime, nothing prevents the Tribe from conducting Class II gaming on the site, as Class II gaming does not require a compact. 

Anyone believe that Governor Jerry Brown did not realize this would happen?   Anyone?

Thursday, April 2, 2015

Gabrieleno Kizh Fire Off Second Letter to Navy Secretary Over Pechanga's THEFT OF THEIR ANCESTOR'S

Here's a second letter from the Gabrieleno Kizh, this one is from the chairman... YOU can help by sending a copy of this to:   Let's get them to answer..

The Honorable Ray Mabus, Secretary of the Navy
Office of the Navy
1000 Navy Pentagon Room 4D652
Washington, DC  20340

April 1, 2015

Re:  the wrongful removal of Gabrieleno sacred burials and their associated burial objects from our Tribe’s San Nicholas Island

Dear Secretary Mabus,

This letter is in follow up to our previous letter sent March 16, 2016 to you.  My son, as Chairman, had respectfully requested a response with five business days and we have received no correspondence to date.  In our first letter, we stated our outrage that Native human remains found on San Nicholas Island were slated to be given by the Navy to the Luiseno Tribe for reinterment when the Island is historically well documented to be the territory of the Gabrielenos.
We are official requesting
That the previously mentioned Human Remains and burial objects be repatriated to the Gabrieleño Band Of Mission Indians Kizh( Keech) Nation.

We further Request:

1)      immediately cease the transfer of any human remains, associated grave goods and artifacts
2)      Arrange for consultation pursuant to Section 106 of California State law
3)      Correct the Navy’s incorrect conclusion that the Luiseno are the culturally affiliated tribe for San Nicholas Island
4)      Name the Gabrieleno Band of Mission Indians as the correct and legitimate Tribe who’s historical tribal territory includes San Nicholas Island and is thus the correct Tribe to handle the reinterment.
Again, we are requesting a response from you or your representative within five (5) business days of receiving this letter.  As the elected leader of my people, I feel very much responsible for insuring the ethical handling of our ancestor’s remains.  This is why I am now writing to you directly to remedy this situation.

Ernie Salas, Chief and Spiritual Leader
Gabrieleno Band of Mission Indians – Kizh Nation