Friday, September 18, 2020

Jim Crow Raises Ugly Head In Muscogee Creek Freedmen Case

154 YEARS OF INJUSTICE: Muscogee Creek Freedmen

As expected a setback in TRIBAL COURT for the Creek Freedmen seeking justice.

Denying the basic humanity of respecting treaty obligations, the District tribal court says the Cherokee Nation v Nash case is NOT binding precedent and guarantees this case will be heard in Federal Court.

The decision is here from Turtle Talk    Who cares about fair justice? Not the Creek courts, apparently.  More Creek Freedmen cases are in the queue, let's hope that justice, real, justice can prevail.  Hey, it's only been 154 years, right?

THREE OPINIONS from those involved in the victorious Cherokee Freedmen case.

JON VELIE, attorney who helped the Cherokee Freedmen win their treaty rights case says this case was brought incorrectly.

The Federal question is whether the Treaty protects the Freedmen under the unique situation of the Creek Nation’s relationship with the US. His case was not plead that way. Federal Indian Law requires the precision of a scalpel. Most cases will be dismissed because of pleading incorrectly and losing on a technical defense under the doctrine of sovereign immunity. The Creek Freedmen could win but not with this litigation structure.

MARILYN VANN adds context:

The judge in the Creek freedmen federal case which went to court in 2018 in DC (kolar-kotelly) dismissed the case because none of the litigants had applied for Creek citizenship and used tribal processes; and it appeared there had been no cases that had used tribal processes since 2004/2005 or so when ron graham went to tribal court. She indicated that litigants should see if they could be registered thru the tribal process. That is why there were cases which went to the tribal courts in the last few months


If the Creek Freedmen want to be part of the Creek sovereign, then they must, however wrong the Creek Court gets it, give the Creeks sovereignty it’s due. If they can’t do that, then they don’t deserve Creek citizenship. In spite of the case filed in federal court I still filed the 2004 Allen v. council case in tribal court. In my opinion, the win the Cherokee Freedmen attained in tribal court, though not the final word, was the more meaningful ruling.

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