Friday, November 27, 2015

The Dark Side of Tribal Sovereignty: NO RIGHTS to GAY Marriage

This issue is gaining some notoriety.  Tribal sovereignty harms whoever the tribes want to harm, be it gays, disenrolled and people who speak out:

Cleo Pablo married her longtime partner when gay weddings became legal in Arizona and looked forward to the day when her wife and their children could move into her home in the small Native American community outside Phoenix where she grew up.

That day never came. The Ak-Chin Indian Community doesn't recognize same-sex marriages and has a law that prohibits unmarried couples from living together. So Pablo voluntarily gave up her tribal home and now is suing the tribe in tribal court to have her marriage validated.

"I want equal opportunity," Pablo said. "I want what every married couple has."

Pablo's situation reflects an overlooked story line following the U.S. Supreme Court's historic decision this year that legalized gay marriages nationwide: American Indian reservations are not bound by the decision and many continue to forbid gay marriages and deny insurance and other benefits.

The reasons vary and to some extent depend on cultural recognition of gender identification and roles, and the influence of outside religions, legal experts say. Other issues like high unemployment, alcoholism and suicides on reservations also could be higher on the priority list, said Ann Tweedy, an associate professor at the Hamline University School of Law in St. Paul, Minnesota, who has studied tribes' marriage laws.

Advocacy groups largely have stayed away from pushing tribes for change, recognizing that tribes have the inherent right to regulate domestic relations within their boundaries.

"Tribal sovereignty is very important to tribes," Tweedy said. "They don't want to just adopt what the U.S. does."

Pablo follows in the footsteps of a handful of other tribal members in Oregon, Washington state and Michigan who lobbied their governments for marriage equality.

The Navajo Nation is one of a few of the country's 567 federally recognized tribes that have outright bans on gay marriage. Some tribes expressly allow it, while others tie marriage laws to those of states or have gender-neutral laws that typically create confusion for gay couples on whether they can marry.

The mish-mash occurs because tribes are sovereign lands where the U.S. Constitution doesn't apply.

But Pablo argues in her lawsuit that members of the Tribal Council are violating the Ak-Chin constitution by denying her equal protection and due process — rights also guaranteed under the federal Indian Civil Rights Act. Her lawyer, Sonia Martinez, said tribal members could have a persuasive argument against gay-marriage bans if their tribe incorporated federal constitutional rights into tribal laws, which she says is the case on the Ak-Chin reservation.

The Ak-Chin Indian Community wouldn't comment directly on Pablo's lawsuit but said marriage laws are a matter for the tribe to decide, not the U.S. Supreme Court.

"Whether our current law stays the same or needs to change, it must still be addressed in a manner that best promotes and protects the community's sovereignty and right of self-governance, and best reflects the culture, tradition, and morals of the community and all of its members within the confines of our laws," read a statement provided to The Associated Press.

Change for some tribes came easily.

The Central Council Tlingit & Haida Indian Tribes of Alaska enacted a marriage statute in March to expand court services. Chief Justice Debra O'Gara said leaders talked more about whether to allow members of the same clan to marry than members of the same sex.

"There was very little controversy over the same gender aspect because everybody believed it should be open," she said. "Whoever our citizens are should have the same rights as everyone else."

Thursday, November 19, 2015

Pechanga Tribe Elects Convicted FELON Raymond Basquez Jr. to Tribal Council.

Yes, that's how low the tribe has sunk.  They have traded a sleaze like Andrew Masiel Jr., for his felon nephew, Raymond Basquez Jr.  He's a man who has helped the Riverside Sheriff's SWAT team get well acquainted with the Pechanga Reservation.  Over 6 years in FEDERAL PRISON must be the experience needed for the job.  Wonder how many people DID NOT vote which allowed this scum to be on the council?

Juxtapose that with when the tribe had a honorable career  former police officer Ken Perez on their council.  

Raymond Basquez Jr. son of the evil, recently deceased Raymond Basquez Sr., one of those involved in eliminating 25% of the tribe, who can be seen in Pechanga's commercials, long hair, saying he just "wanted to give back" threatened us at a protest march in February 2008. 

He drove his shiny Escalade west on Pechanga Parkway, yelling at us, "Get a JOB!" and flipping us off. He sped west and made a quick left to make a u-turn. Aggressive driving in his huge vehicle, we knew he was coming back. A little disconcerting, because we knew he had been on parole. Ray Jr. stopped his Escalade about 7 car lenghts from the limit line, with a green light and GETS OUT of his vehicle. He circles to the back and my brother and I head back to meet him. When he sees my brother coming, he opens his back door (not a good sign in CA) but we advance anyway. 

He pulls out....... a Yes on 94-97 STICKER to put on his car! ROFL! He's taunting us: "you're out on the street, man!" Guess he was in women's prison. Raymond Jr. YOU ARE A PUSSY. Pechanga, great job as having Raymond Basquez Jr. as your defender.

Hmm, might it be a dodge to avoid taxes?

Congratulations Pechanga on getting this guy in with your council.   Hope there's a shower near the meeting rooms....

Wednesday, November 18, 2015

Democrats Can't Stop TRIBAL SOVEREIGNTY ACT from Passing in the House

Proving that Democrats only pay LIP SERVICE to Sovereignty when it comes to protecting UNIONS.

Today, Congress passed the Tribal Labor Sovereignty Act of 2015 (249-177 with 24 Democrats joining a majority of Republicans), which rolls back federal agency intervention in tribal affairs in order to restore greater sovereignty to tribes. Montana Congressman Ryan Zinke cosponsored and voted for the measure. The legislation will amend the National Labor Relations Act to affirm that the law does not apply to any business owned and operated by an Indian tribe and located on tribal land, restoring to tribal leaders control over employee-employer relations.

“This is about sovereignty, opportunity and respect,” said Rep. Ryan Zinke.  “The federal government already saddles our tribes with burdensome regulations that hamper their ability to achieve the same goals of prosperity and success that we all aspire to. Considering the fact that the NLRB notoriously overreaches in the private sector, imagine what damage they would do to Montana’s tribes. H.R.511 is supported by tribes all across the nation. This bill affirms my strong support for their sovereignty.”

Tribal Labor Sovereignty Act Of 2015:

Prevents the NLRB from exerting jurisdiction over Native American businesses operating on tribal lands by restoring a legal standard in place long before the board’s misguided decision.

Protects the sovereignty of Native American tribes, ensuring they are afforded the same rights and protections enjoyed by state and local governments.

Returns to tribes the ability to govern labor relations in their businesses in a way they determine is best for their workplaces, eliminating legal confusion and uncertainty.

Tuesday, November 17, 2015

SURPRISE! Judge Says CA's GOVERNOR JERRY BROWN Negotiated in BAD FAITH with North Fork Rancheria

Saying that Gov. Jerry Brown acted in “bad faith” by ending negotiations, a federal judge has ordered the state to return to talks with North Fork Rancheria officials on a gaming compact for a Madera-area casino that state voters rejected last year.

Voters rejected the gaming compact in Proposition 48 last November by a wide margin, and the governor wrote the tribe in January suggesting that entering into further negotiations “would be futile.”

But in a 23-page ruling issued Friday, U.S. District Court Judge Anthony W. Ishii said federal law requires the governor to negotiate with the tribe and conclude compact negotiations within 60 days. If both sides can’t reach agreement, the judge will appoint a mediator. The state and the tribe will then have 60 days to present a final offer for the mediator’s selection.

The North Fork tribe argued that under federal Indian gambling law, the power rested in the hands of a federal judge to order the governor back to the table and, if necessary, select a mediator to choose between a state-proposed compact and one from the tribe. The complaint was filed after the governor’s office sent a letter to the tribe’s lawyers declining further negotiations.

“The state does not now contend that any of the (Department of the Interior) secretary’s determinations were incorrect, nor does it articulate a basis for its refusal to negotiate regarding the Madera parcel,” the judge said in requiring the governor to negotiate.   (Must mean NFR didn't give Jerry enough money)

The 305-acre casino and hotel site is in federal trust for the tribe. The tribe has no land in its North Fork base for a casino and has spent 11 years working with local, state and federal officials to put the Madera-area land in trust, get the compact approved and build a casino.

Read more here:

Sunday, November 15, 2015

Pechanga's Buffet of Corruption Served up RAW and Indigestible and Shameful

We aren't talking about the salad bar at Pechanga Resort & Casino. We aren't talking about HOW TO WIN at PECHANGA CASINO  We're talking about the abuses heaped on lineal descendants of Original Pechanga people by Pechanga Band of Luiseno Indians Chairman Mark Macarro.

Here's what's on the Pechanga Buffet Menu of Corruption


The Pechanga General Council, the final arbiter of the LAW at Pechanga voted to END all disenrollment.  Pechanga Chairman Mark Macarro IGNORED the will of the people and disenrolled the Hunter descendants.  Threats to the remaining tribal members kept them in line.

As discussed in this article, YES, Pechanga practices apartheid and NO we aren't comparing the level to South Africa, but if you don't call them on it, who is to say it won't get worse?.


Thursday, November 12, 2015

Disenrollment of Pala Children is CHILD ABUSE, Left UNPROTECTED by The Indian Child Welfare Act..and Kevin Washburn's Bureau of Indian Affairs. has a scathing story on the despicable Pala Band of Mission Indianz and its porcine chairman Robert Smith.

Two children who were disenrolled by the Pala Band of Mission Indians which, disenrolled 162 members cannot be protected by the Indian Child Welfare Act, a California appeal court ruled on Tuesday.

The tribe formally objected in July 2009 when K.P. and Kristopher were put up for adoption. Their mother, Michelle T., is enrolled.
But sometime during the proceedings, the tribe disenrolled the children. As a result, they are no longer considered "Indian," the court determined.
"Under federal and state law, the Indian tribe's membership determination is conclusive," Judge Cynthia Aaron wrote in the unpublished opinion. "The record shows that enrollment is a prerequisite for Pala Band membership, and that the Pala Band determined that K.P. and Kristopher are not members of its tribe."

SO, are tribe's doing the government's "dirty work" in getting rid of Indians?  Now, disenrollment means one is NOT Indian..while at the same time, there is NO requirement that you have to be INDIAN to be a tribal member?

Wednesday, November 11, 2015

BIA Secretary Washburn SUED: Pala Recognition FAILURES of TRUST RESPONSIBILITY

Many wonder HOW  some tribes get recognition, or get their recognition changed without have to go through the process that dozens of other tribes have to go through.  We've asked the question ourselves, with Pechanga suddenly getting their recognition changed from the original Temecula Band of Mission Indians.

NOW, AS-IA Kevin Washburn is being sued for the BIA's FAILURE of it's trust responsibility to the Agua Caliente Cupeno who are part of the PBMI.

56. In that 1979 list, the BIA listed only the “Pala Band of Luiseno Mission Indians, Pala Reservation, California” (emphasis added.)
57. As set forth above, the Agua Caliente Cupeño are a distinct tribe from the Pala Luiseno.
58. The BIA’s failure to include the Agua Caliente Cupeño on the list in 1979 was administrative error.


By approving the PBMI Constitution without any of the BIA’s recommended changes, and without any evidence that the BIA’s recommended changes were even presented to the PBMI General Council for a vote, the BIA abdicated and failed in its trust responsibility to the Indians of the PBMI—including the Agua Caliente Cupeño

See the complaint:

Monday, November 9, 2015

Is the Influence of Pechanga's Crime Family Waning? Leivas Descendants Seem to Be Losing Their Grip.

With word coming from the Pechanga Rez that Ronnie "I'm on Megan's List" Rivera has been fired from the Pechanga Tribal Rangers, it makes us wonder if the Francisca Leivas Descendants Crime Family is losing its influence on the Pechanga Tribal operations.

Tribal members have always wondered if Masiel-Basquez were TRUE PECHANGA PEOPLE?  and why did the tribal council allow them to skirt tribal laws, attain council status and thumb their noses at tribal authority?

It seems that Rivera was placed into a position where he could keep an eye ALL Pechanga members and reservation residents movements through his dispatch position.    Dispatch? Well, then one has to wonder why this Megan's Law felon was hanging around the reservation's school?  This asshat was one of the rangers that pulled Hunter descendants from the Pechanga Reservation School .   Then word comes that this guy mooned some people at the Pechanga RV resort, and was fired.   This is not the first time he was fired, but will it be his last?

With the recent death of the despicable Raymond Basquez Sr., his uncle, and his relative, Andrew Masiel Sr. no longer on the council, his cousin, Jennie Miranda kicked out of the reservation and only Ray Basquez Jr. running for a seat on the council...there may be nobody to help him.

Does Macarro want to risk his political capital..or rather, his WIFE's political aspirations (re Hillary Clinton advisor) on a guy like Rivera, or to support a felon on his council?   I'd think not, but then a hundred of us thought Macarro would do the right thing by the Hunters and Manuela Miranda descendants.

It's time for the Pechanga people to start standing up.  Get an accounting of what the council is doing...

Pala Executive Council Plans Meeting For Veteran's Day, to Keep Voter's to a Minimum?

Our friends from have some interesting questions for the Pala Band of Mission Indians Executive Council.  On the VETERAN'S Day meeting agenda...a contract for Sara Dutschke, niece of BIA Director Amy Dutschke.  Remember when Sara sent a letter purporting to act for the Pala Band? Well, NOW, they are looking at hiring her. 

From Pala Watch:
Here are some questions and issues that should be raised:

First off the meeting is being held on Veteran's Day.  Robert has always disrepected Veterans as well as elders.  This meeting should be canceled.

Where is Howard Dickstein's Contract?  Why is he not on the list?  Kilma said Howard was getting 5% of the casino revenue each month.  Who approved that?

How many contacts did Sara Dutschke Setshwaelo really have? First she was hired as an individual, then through Karshmer and Associates, and now through Dentons US LLP.

We all know Sara Dutschke Setshwaelo was hired to help disenroll the Brittains.  Why should the tribe pay for an attorney who hurts its own membership.

Who gets to approve Sara's contract?  Her Aunt who happens to be BIA Pacific Regional Director Amy Dutschke?

Saturday, November 7, 2015

Evil Elder of Pechanga, Raymond Basquez Sr. IS DEAD.

Word from the Pechanga Reservation in Temecula is that Raymond Basquez Sr. elder of the Francisca Leivas Crime Family, IS DEAD.   The Pechanga Band of Luiseno Indians postponed the election scheduled for today, where Basquez's son, the FELON Raymond Basquez Jr. was running to replace Andrew Masiel Sr.

Basquez had been fighting cancer, which helped to provide a long, lingering painful death, similar to his sister Irehne Scearse, which makes us wonder if that was the creator's plan for them, after what they have done to the tribe via disenrollment and their blatant thefts from the tribe and native people. While taking no pleasure in the loss of life, I can offer no respect for this man either, after what he's done to our families.    I can only hope OUR ancestors can rest a bit more peacefully, knowing that this man who disrespected their heritage and harmed their descendants, is gone.

Raymond Basquez Sr.
Led CPP to Push for Disenrollment of TWO
large Pechanga Family to Steal Per Capita monies

There are many questions as to whether the senior Basquez's family Are TRUE PECHANGA PEOPLE? Many believe that they couldn't trace their ancestry to an original Pechanga person, we've written about that before.

Sad to speak ill of the dead, but his man deserves NO respect from those of us who he and his family harmed.  There no word on how the death will affect the dealer's school lawsuit currently pending on Basquez and his wife. Except we're pretty sure that a non-member will get no support from the tribe, as Basquez would have....

UPDATE: NCAI Elects Convicted Felon From Redding Rancheria As Pacific Region VP

Yes, in another example of "jumping the shark", the National Congress of American Indians has elected Jack Potter, current chairman of Redding Rancheria, a well known disenrollment tribe as their VP for the Pacific Region.

Is it any wonder there is NO concern for American Indians that have been stripped of their citizenship on this week's agenda?   Heck no, wouldn't want to embarrass some tribes by pointing out their civil and human rights violations, right?  Not when there's still the Redskin nickname to worry about.

Rehabilitation is a good thing. Congratulations on Mr. Potter's becoming a Vice President.  Next thing you know, the NCAI will have Mark Macarro introduce Brian Cladoosby for re-election..  what? They did?

UPDATE: My good friend and respected elder from Chukchansi, Cathy Cory has a MUCH different, and reasoned take on the issue in the comment section:

So much both hurts my heart. Blessings to Mr. Potter for turning his life around--people can, and do, change every day. I'm certain that his journey has provided much inspiration for young people who have perhaps started down a destructive paths, and other adults who need hope to follow the good Red Road. That said, Jack Potter has felt the destructive forces that tear our Indian People apart, and has survived. He now is in a position, not only with NCAI but with his own tribe, to truly help other Indian People and make things right. Many know the story of the Foremans from Redding Rancheria, the role of Bob Foreman in re-establishing the tribe, his love for his People, and for others as evidenced not only with his work as Chairman of Redding Rancheria but on the Rural Indian Health Board as well. Do the right thing, Mr. Potter. Bring the Foreman family home to Redding Rancheria--where they belong! Stand up in your position with NCAI as a voice for those disenrolled from their tribes, those who are nonenrolled, and tribes such as the Winnemem Wintu who are attempting to obtain the Federal Recognition they seek and deserve. Be the leader that your journey to a destructive place, and back, has been planned by Creator for a reason. Do what is right, and begin by bringing the family of Bob Foreman home to Redding Rancheria where they belong. A ho'!

Friday, November 6, 2015

CUPA Newsletter #6 - Pala's Executive Committee Caused Problems For Tribe

(People Who Sleep In The Water)

Descendants from Cupa:
Let us all remember that the new 1100 acre Pala Indian Reservation was purchased for the evictees of Warner’s Ranch. This included the Agua Caliente Tribe as well as the villages of San Felipe and Puerta la Cruz it is these very descendants who are now the targets of everything from political retaliations, to disenrollment. And let’s not forget that it was the EXECUTIVE COMMITTEE that disenrolled 170 of these descendants in 2011 and 2012.
The executive Committee probably did not understand and expect all the problems that have been created as a result of THEIR disenrollments of members. Look at all the issues it has created. Look at the charges being brought against the BIA. Look at the charges brought against the Executive Committee. Look at all the dirt that has surfaced that was previously unknown to many.
And let’s also be clear about these charges against the EC. Do not believe the propaganda being printed in their Pala Newsletter. These cases are still ongoing, costing the tribe countless dollars to defend wrongs committed by the EC. The courts have never decided that the EC is in the right. The EC has not been vindicated in any way because the disenrollee’s have not had their day in court. The EC HIDES behind the TRIBE’S sovereignty, abusing it for their own personal protection and benefit. Again, the facts of these cases have yet to be heard in court because of the TRIBE’S sovereign immunity.
The EC cannot hide forever behind the TRIBE’S sovereign immunity. The EC’s repeated violations of the Articles of Association and the Constitution has led the tribe to the current situation we all find ourselves. Possibly the most serious is the people who attend the General Council meetings who are not descendants and should not be at the meeting, let alone be allowed to vote.
Look at what these wrongs have brought to the reservation. Do we remember how close knit our village used to be? Things were never perfect for sure, but there was a common respect and understanding we had for each other, little if any of which remains. Relationships built over 30, 40, even 50 years have been stressed to the limit and sometimes beyond.
It has been requested that the EC Return things to how they were, fix it, and move on. The EC has repeatedly rejected these offers. Instead, members are greeting with such items like those on the current agenda, for the month of November. Doesn’t their agenda admit they are guilty?
WHY ARE THESE ATTORNEYS’ CONTRACTS SO IMPORTANT ALL OF THE SUDDEN? Is it because the lawyers are the glue holding these scams together? Do these lawyers look after the best interest of the tribe or Rob? WOW! What a long list of attorneys! This is the first time the membership has been presented with a request to approve these lawyers’ contracts EVEN THOUGH they have already been getting paid for supposedly working for the “tribe” for years.  The EC wants the membership to COVER UP for their violations and IGNORE the years of violations. The EC is even taking their POWER GRAB further, now requesting TOTAL POWER to approve and sign contracts with lawyer on the Tribe’s behalf.
THIS WOULD JUST BE GIVING AWAY OUR RESEVATION AND EVEN OUR TRIBE AS WE KNOW IT. If it is allowed to happen, it could be one of the biggest mistakes the tribe could make. This meeting should not even happen. This meeting should be CANCELLED!


Tuesday, November 3, 2015

Raffi Roberts: Tribal Disenrollment Is a Most UN-Tribal Action

19 year old Raffi Roberts, a youth from the Nooksack 306 has written  a piece on tribal disenrollment and how it affects many people, by finishing the work of colonialists.  The stripping of heritage from the young, via lies and innuendo, and falsified records, is NOT the Native Way.  But will it become so? Please, read and share.

 Tribal Disenrollment seems, to me, to be the most un-Tribal action to do. 

As one of the most neglected and underrepresented minorities in the world, we should be trying our best to preserve our culture, not try to eradicate it for money and power.

In fact, by treating a Tribe like a business is an infuriating insult and goes against everything our culture has taught us. By kicking out members out over nothing substantial but out of material motives is exactly what the Europeans did to the tribes of North America centuries ago.

The dark part of Tribal history should be a lesson of what NOT to do to a culture of proud people rather than a positive model. So it is baffling as to why some Tribal people want to do that to their own Tribe when they chastise early Europeans for doing the same thing they are doing now.

Along with the very small repercussions of being disenrolled like losing a house, losing a job and not be hired because of biased on tribal land, or financial support for ambitious students, the rich culture of Native Americans, that all those Tribal members grew up on, will be considered invalid. Also, it teaches our children to respect everyone - except for CERTAIN families; that is true for both the disenrollers and disenrollees.

Think about this: If the eye-for-an-eye mentality keeps chugging along then more and more tribes will be influenced to kick people out of their own tribes until there's only a scarce amount of "official Natives." It is a dangerous precedent that will lead to the elimination of Native Americans and their history. They would be finishing the Imperialist genocide the early Europeans set out to do. And classrooms in the future will be occupied by some Native American blood but the lecture will be about how politics chose who and who isn't Native American, not actual blood lineage.

And the federal government is fine with this. When there are biased Tribal members breaking laws within sovereign land, the US government will turn a blind eye and say "well, that's their problem." They try to overstep into our jurisdiction so many times, but when it is something like this, all of a sudden, it's not their job.

But to the Tribal people, in any Tribe, trying to kick real Native blood out of a Tribe, when your kids ask why some Tribal people and their kids are being kicked to the curb, don't make childish excuses like "they're not really Native", just have the most minute shred of respect and say "I just don't like that family" or cut off any sort of personal or ethical attachment to the issue and simply and smugly state "It's just business."

Monday, November 2, 2015

NOOKSACK 306 Awarded $22,000 From US Department of Interior for VIOLATIONS of FOIA

EXCELLENT NEWS regarding JUSTICE for the NOOKSACK 306 from Galanda Broadman Law Firm:

On Friday, U.S. District Court Judge Richard Jones, of the Western District of 

Washington, awarded our clients, Nooksack 306 family leaders and jettisoned 

Nooksack Tribal Councilpersons Rudy St. Germain and Michelle Roberts, $22,000 

against the U.S. Interior Department for its violations of the Freedom of Information 


Hope the DOI's budget can take the hit.  Because they are shuffling requests around in CA like 3 card monte...

Sunday, November 1, 2015

Department of Justice WILL Investigate ONE Young Girl's ARREST for Civil Rights Violations, BUT WILL NOT Investigate the BIA: Letter to Attorney Gen. Loretta Lynch and The Civil Rights Department

We have all seen the horrendous video of a young girl's violent arrest in South Carolina, which resulted in the firing of the police officer involved.  The FBI and DOJ will be looking into the issue.  WHY THEN, does the DOJ REFUSE to look into the violations of over TEN THOUSAND Native American's Civil Rights?    Is the priority that which gets news coverage?   If so, we must increase our efforts to make news.....

It's time for AG Loretta Lynch to investigate the Bureau of Indian Affairs.  For failing to protect the rights of Native Americans, from abuse BY Native Americans.  Please fax a letter.
US Attorney General Loretta Lynch

The Honorable Loretta Lynch
United States Attorney General
Department of Justice Building
950 Pennsylvania Ave. NW
Washington, DC 20530
Fax: (202) 514-0293

Dear Attorney General Loretta Lynch:

I respectfully submit this letter urging the Department of Justice Civil Rights Division to commence a full-scale investigation into the gross civil and human rights violations which have infected Indian Country, including an investigation into wrongdoing or complicity by the Bureau of Indian Affairs.

Throughout Indian Country, tribal officials have taken actions which have denied and/or stripped ten thousand individual Indians of their citizenship rights and privileges as tribal members and denied them access to federal benefits and programs in the areas of housing, education, health, voting and public works assistance.  Your predecessor was disturbingly quiet when asked for help.

The most recent egregious example is the of the Federated Tribes of Grand Ronde, which just terminated 85 members, living AND dead from the tribe.