ERIC HOLDER to Resign This Year, Without Addressing CIVIL RIGHTS VIOLATIONS in Indian Country

We have been asking AG Holder to look into violations of civil and human rights for years now.  Looks like he will leave without addressing the issue.

U.S. Attorney General Eric Holder will step down this year, he said in an interview with the New Yorker’s Jeffrey Toobin in the magazine’s Feb. 17 edition.

In a feature article, Mr. Holder said he plans on staying in his position “well into” the year.

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 Last November, Mr. Holder, the first black attorney general, told CBS News he didn’t have “any plans” to step down.

Mr. Holder has made voting rights the test case of his tenure, the New Yorker reported. He has been a vocal critic of the Supreme Court case that invalidated key parts of the Voting Rights Act and has supported Congressional action to renew and revise the law.

During his five years as the nation’s top law enforcement officer, Mr. Holder has also weighed in on other controversial Supreme Court decisions. Mr. Holder said he wouldn’t defend the Defense of Marriage Act in court and over the weekend announced the Department of Justice’s plans to give same-sex couples the same rights in the federal legal system as married heterosexual couples, regardless of whether a state recognizes same sex marriage.

Here is one of the letters sent to the Attorney General:

Dear Attorney General Holder:

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.

Throughout Indian Country, tribal officials have taken actions which have denied and/or stripped thousands of individual Indians of their 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.  Pechanga, Pala, Redding, Snoqualmie, Nooksack, Chukchansi, Enterprise, San Pascual are just a few who have terminated the rights of their people.

In some instances, the illegal actions occurred decades ago, however, there has been a marked increase since Indian Gaming has evolved into a multi-billion dollar business. Tribal leaders justify their right to systematically deny and/or strip basic rights and privilegesfrom their citizens under the guise of tribal sovereignty.   The time is right for your department to use it's full force on the corruption that has spread throughout Indian Country.

Tribal leaders have routinely committed acts to deny Indian individuals due process; equal protection of tribal, state, and federal laws; property interest rights; and voting rights. Theses actions have been carried out in gross violation of tribal and federal laws, such as the Indian Civil Rights Act of 1968, which were specifically enacted to guarantee and protect the rights of the individual Indian.

Using sovereignty as a club to beat the weak and render them helpless is abhorrent.The federal government can no longer allow the offending tribes and tribal officials to claim that this is a sovereignty issue that rests solely within the domain of tribal courts and tribal law. Few Tribes actually have tribal courts.And, in most cases, the tribal government officials responsiblefor the violations of law are the very same people who pass judgment as to whether or not lawshave been violated - they are the judge, jury and alleged criminal all rolled into one
.
The United States has a trust responsibility to the thousands of individual Indians whose basic rights have been infringed upon. Unfortunately, the Bureau of Indian Affairs has determined that their trust responsibility extends only to the tribal government and government officials and not to the thousands of individual Indian victims. Therefore, I believe that the DOJ has the legal and moral responsibility
to investigate and prosecute such violations of basic rights.

I urge you to direct the DOJ Civil Rights Division to initiate an investigation into the growing number of human and civil rights violations described above. In addition, I hope that any investigation would not be short-circuited by those who would claim tribal sovereignty as a justification for inaction.

Nor should justice be denied as a result of political wrangling by politicians fighting to protect their tribal “clients” who funnel millions of dollars into their campaign coffers.

 

DOJ's Civil Rights Division On Protecting Native American...SOME NATIVE AMERICANS.

Our friend JOE LISKA who has the BLOG:  Joe’s Crime Blog/Human Rights Site    tipped us off to this publication of the Department of Justice Website.   We have written numerous letters to Attorney General Eric Holder with NO RESPONSE yet.

In keeping with President Barack Obama’s proclamation recognizing National Native American Heritage Month, this month the Department of Justice honors the vibrant cultures of Native American societies and strengthens the government-to-government relationship between the United States and each tribal nation.  By proclaiming November to be Native American Heritage Month, President Obama reaffirmed this administration’s commitment to Native self-determination and the right of tribal governments to build and strengthen their own communities.  (OP: UNMENTIONED is the number of tribal governments that have harmed more Indians that the white man has this century, and the past quarter century)

The Civil Rights Division shares this commitment to respecting and protecting the rights of tribes and individual Native Americans.  The division’s work in this area is a year-round effort, spearheaded by the division’s Indian Working Group.  The Indian Working Group has representatives from every section of the division, from education to voting to employment, recognizing that Native Americans’ civil rights should be protected in every sphere of life.  This collaborative effort elevates enforcement, outreach and educational opportunities concerning Native American issues throughout the country. (Makes one wonder if they really mean this or if this is lip service.  It's not like it's a secret, the abuses that are happening.)

For too long, Native Americans have experienced discrimination and injustice, and the federal government can and must stop such unequal treatment.  In response to frequent concerns raised by tribal leaders, the Civil Rights Division’s Indian Working Group is researching new ways to enhance implementation of civil rights laws and other laws affecting the rights of Native American parents and children in the context of child custody.  The discriminatory removal of Native American children from their families and placement in foster care and adoption systems, without adequate consideration of tribal citizenship and the unique family structures in Native American communities, are of deep concern to Native Americans and tribes.  The Indian Working Group is interested in methods in which the division can effectively assist in addressing Native American rights in the child custody context, including enforcement of federal civil rights laws and/or technical assistance to tribal or other related governmental agencies.   (OP:  We think that the discriminatory removal of people from their tribes, demands as much inspection as those 'few" children that are being harmed. )

The division enforces federal laws against hate crimes and discriminatory or abusive policing. We confront challenges to the civil rights of Native Americans, including vicious assaults born of hatred and threats used to drive Native Americans out of their homes. 

In addition, using our authority under the Religious Land Use of Institutionalized Persons Act (RLUIPA), this year we urged courts to ensure Native American prisoners in South Dakota were able to freely practice their religion.  

The Civil Rights Division’s ability to enforce federal civil rights laws on behalf of Native Americans depends on communication with Native Americans who have faced discrimination – whether in education, housing, voting, employment or lending – on the basis of race, national origin, English language fluency or religion.  

To that end, the Indian Working Group is striving to establish relationships with Native American human and civil rights groups.  This year the Indian Working Group entered into a memorandum of understanding (MOU) with the Navajo Nation Human Rights Commission (NNHRC) as a mechanism to communicate regularly about potential civil rights issues and the division’s role in enforcing civil rights laws.  The Indian Working Group has embarked on a series of meetings with the NNHRC to exchange information that might necessitate referral to law enforcement agencies for further investigation when deemed appropriate.  This is the first agreement of its kind reached by the Indian Working Group and it serves to support our mission to identify and address potential civil rights violations that affect Native Americans. 

In an effort to expand our outreach, the Indian Working Group has launched an Indian Working Group website – www.justice.gov/crt/iwg/ – that provides information about the Civil Rights Division’s work on behalf of Native Americans and includes links to publications, statements, briefs, press releases, outreach initiatives and contact information.

We do this work not only because it is our legal responsibility as a division of the U.S. Department of Justice, but because it is our moral responsibility as members of a broad, diverse community.  We have the power of the law and the federal government behind us, and we will continue to protect the civil rights of American Indians and Alaska Natives.  

The Indian Working Group can be reached atindianrights.workinggroup@usdoj.gov.

YOU WILL BE HEARING FROM US, INDIAN WORKING GROUP

Chukchansi Disenrolls More, Has Manipulated Election

A tribal council election Dec. 1 at the Picayune Rancheria of the Chukchansi Indians in Coarsegold voted in
two new members -- Charles "Charlie" Sargosa and Carl "Buzz" Bushman -- and re-elected Nancy Ayala,
who's been serving as the tribe's chairperson since this fall.

The new election comes about a month after more disenrollments at the rancheria -- 43 tribal members
ousted from a Chukchansi allotment near Hensley Lake. The disenrollments were made even though the
tribe's constitution protects the enrollment of individuals from the Chukchansi allotments -- awarded by the
government in the late 1800s through the early 1900s.

A phrase in the constitution about needing a "special relationship" to remain in the tribe is being
manipulated, putting all Chukchansi people in jeopardy of disenrollment, many tribal members have said.
A new election ordinance was also created in September by tribal council.

The ordinance prohibited at least two candidates from running in the Dec. 1 election, and goes against
Chukchansi's constitution that outlines criteria needed to be a candidate, said Dora Jones, who was elected
last year as the tribe's new vice chair but was never allowed to be seated -- along with the three other
winners of that election -- who are all opposed to recent Chukchansi disenrollments.

The new Chukchansi election ordinance increased the minimum candidate age to 25 -- what is 18 in their
constitution -- and requires all candidates to have attended eight tribal council meetings throughout the
previous election year. The Chukchansi constitution only requires eight meetings for those running for a
tribal council office, not for those running for a "member at large" position.

Other new election ordinance requirements are more vague, including phrases like needing to be in "good
standing" with the tribe to run for office, and demonstrating "active involvement in the affairs of the tribe."
The new Chukchansi tribal council will include the newly-elected Sargosa and Bushman, re-elected Ayala;
Reggie Lewis, who was not up for re-election this year; Karen Wynn and Tracey Brechbuehl, who were
appointed in May to fill the council seats of Jones and Morris Reid, who were suspended from council
shortly after winning last year's election; and Chance Alberta, who lost last year's election and the
subsequent March election for the seat of Harold Hammond's seat (who was also not allowed to be seated
after winning last year's election). Alberta now fills the seventh seat, won by Dixie Jackson last year, who
was also not allowed to be seated on council by others in power.

No charges for February violence -- casino trespassing in March now prosecuted
Many Chukchansi people have expressed frustration that while no arrests have been made regarding a
stabbing and other acts of violence that occurred outside the tribal offices in February, a casino
trespassing charge is now being prosecuted by the district attorney's office.

Read more:
Sierra Star News story on Chukchansi Disenrollment

Ken Salazar, Eric Holder Announce Settlement in Cobell Case of $1.4 BILLION

Want to bet that tribal leaders RIGHT NOW are trying to figure out how to get THEIR sticky fingers on this money and keep individuals that should benefit from this case from doing just that? Look at the Cherokee Nation of Oklahoma and their leader Chad Smith. He is keeping MILLIONS of Dollars away from the Cherokee people.

Thank you to Eloise Cobell for sticking with this case.

After more than a decade of litigation, U.S. officials announced today that the federal government has agreed to pay $1.4 billion to settle claims that it grossly mismanaged Indian trust accounts.

The potential settlement, which must still be approved by Congress and the courts, would bring a close to the long-running Cobell Indian trust case, and would result in payments to roughly 300,000 individual Indian trust accounts. It would also create a program to consolidate ownership of Indian trust lands.

The class action, brought in 1996 by Elouise Cobell, alleged that the Interior Department had been failing for more than a century to properly disburse payments from a trust fund set up to manage revenues from Indian land. Cobell had originally sought $58 billion in the case, but last year, Judge James Robertson of the U.S. District Court for the District of Columbia said the government was only liable for $455.6 million.

The settlement was announced on Dec. 8 at a joint press conference with Interior Secretary Ken Salazar and Justice Department officials. Attorney General Eric Holder Jr. urged Congress to act quickly to approve the settlement. “Between the settlement and the trust reform measures that the secretary is announcing today, this administration is taking concrete steps to redefine the government’s relationship with Native Americans,” Holder said