Thursday, June 20, 2013

Press Release: Candidate for Cherokee Nation Council seeks injunction from US 10th Circuit Court of Appeals

Case number in 10th circuit is 13-5078

Just one day after a Tulsa federal Judge denied Cherokee Council candidate Robin Mayes' request for an emergency restraining order that asked that Saturday's Cherokee Election be held open until descendents of Cherokee Slaves are allowed to vote has filed for an injunction to do the same in United States Court of Appeals for the Tenth Circuit.

"I've exhausted all Tribal remedies on this violation of civil rights for federally-recognized Cherokee Citizens who have been wrongfully denied their right to vote," said Mayes.  " Now, I don't think it's right for me not to appeal to the higher Court."

The injunction seeks relief that includes the extension of the June 22 election and to remain open so that decedents of Freedmen can prove their citizenship and be permitted to cast ballots as they choose.  Additionally the injunction would provide for a continuing process of registration and voting rights pending the final resolution of this action.

"What we have here is a fraud perpetrated on ALL Cherokee Citizens as their Cherokee Constitution has been circumvented and corrupted in order to accomplish the removal of a class of Cherokee Citizen that would oppose the incumbent elite political machine," said Mayes.  "The federal government recognizes the 1975 Constitution that requires their approval of an amendment that violates the 1866 Treaty.  

The Cherokee Nation of Oklahoma claims that under the new unapproved constitution of 1999 they do not need federal approval to expel Cherokee Citizens with slave ancestry.  All Cherokee Citizens will be the victim of this fraud if we lose our sovereign status by violating treaties.  We could lose the gaming operations,  federal funding for programs and services including housing and car tags," he continued.

If an injunction is not issued before the counting and certification of the election is complete it is possible that the election will be challenged and a new election held, similar to the circumstances of the 2011 Chief's election.

Contact: Robin Carter Mayes, Candidate for Cherokee Council At-Large    
Phone: (940) 206-0537

1 comment:

Anonymous said...

EVERYONE GO TO PALAWATCH AND READ THE LETTER CHAIRMAN SMITH SENT OUT RECENTLY SAYING IN HIS OWN WORDS UNKNOWLINGLY THAT MARGAIRTA BRITTEN IS FULL-BLOOD AND NOT HALF AS HE'S BEEN CLAIMING TO DISENROLL MEMBERS. See the truth always comes out eventually! I'd like to see him explain this one. He will just say the federal gov't made a mistake like the Pala elders did in the 60's and the BIA did in the 80's who all had Margaita as full blood.