Should CORRUPT BIA Get OUT of The CDIB business

Based on documents obtained by Emilio Reyes, Tongva, through a Freedom of Information Act request, the BIA has struggled with how to issue CDIBs for decades.

Our friend Emilio getting recognized for his hard work exposing the BIA's corruption in Indian Country Today. 

“It’s unclear what [the BIA] is trying to do,” said Paul Spruhan during a recent lecture at Arizona State University’s Indian Legal Program. “The CDIB has become a thing of mystical quality without an origin story.”

Tribal Disenrollment is also on the minds of other Indian legal experts. Gabriel S. Galanda, a citizen of the Round Valley Indian Tribes of Northern California and a frequent critic of tribal disenrollment, wrote in a recent blog: “The Bureau’s proposed withdrawal will—not may, will— ‘feed into the ongoing controversies over tribal recognition, membership, and disenrollment.’“ Galanda further agreed with Spruhan’s writings: “Spruhan correctly analyzes CDIBs in ‘the current environment surrounding disenrollment,’

READ MORE HERE

Muskogee Creek Freedmen vs ZINKE lawsuit JURISDICTION questions

The estimable TURTLE TALK BLOG has the latest documents on the Muskogee Freedmen lawsuit against Ryan Zink.


From MCFreedmen MOTION to DISMISS:

Defendant’s tribal exhaustion arguments are not relevant here. Tribal exhaustion is not required where an action in tribal court violates express jurisdictional prohibitions, as here. Even if tribal exhaustion were required, the futility exception applies.

North Dakota Law Threatened Native American Votes. They Responded By Turning Out in Historic Numbers

Keep in mind, that TRIBES have stifled voters via tribal disenrollment for a DECADE....

A controversial new voter ID law in North Dakota made casting a ballot more difficult for thousands of Native Americans living on reservations in the state this year. But in the face of a law critics called “plainly unconstitutional,” Native Americans in parts of North Dakota appeared to turn out to vote in record numbers in Tuesday’s 2018 midterm elections.

REAL NATIVE AMERICAN WOMEN WIN! Fake Wannabe Indian Elizabeth Warren Did too..

Sharice Davids, Deb Haaland
BIG VICTORIES for REAL Natives

  

And i n New Mexico, Democrat Deb Haaland sailed to victory in her bid for U.S. Congress. She hails from the Pueblo of Laguna. With votes still being counted, Republican Yvette Herrell (Cherokee) is slightly ahead in her Congressional race.
News from Kansas, Sharice Davids, a Democrat, has won her race for U.S. Congress. She is a citizen of the Ho-Chunk Nation.

In Minnesota, Democrat Peggy Flanagan won election as lieutenant governor. She is a citizen of the White Earth Nation.

The FAKE INDIAN, Elizabeth Warren also won

Democrats Have Always Been Our Oppressors on Indian Civil Rights & Disenrollment

Friends, family and people who know me, know that I lean to the right politically.  One Reason...

MY OPPRESSORS HAVE BEEN DEMOCRATS

The Chairman of my tribe, the Pechanga Band of Luiseno Indians, Mark Macarro is married to high powered lobbyist Holly Cook Macarro, who was on Hillary Clinton's short list for Native American advisers.   And, for those of you who will say, WHAT ABOUT TRUMP?   Uh, I WARNED you all in 2016 in Never Trump, Never Hillary...'remember?    Hillary was so bad, even her own people supported Obama.

Pechanga Tribal Chairman Mark Macarro, and Democrat darling is a strongman and a thug whose authoritarian regime rigs elections, has control of tribal media outlets,  regularly stamps out dissent, invades private property, lies to congress, disappears the opposition, abuses human rights, stinks of corruption and meddles in other nation's sovereignty-- including tribal casino opportunities, where he was the state SPOKESPERSON in pro-tribal casino referendums. Oh, and Macarro is anti union too.

NATIONAL REVIEW Discovers DISENROLLMENT

The National Review discovers tribal disenrollment.  A decade late, but better late than never..

Over the weekend, Gabriel Rossman, a sociologist at UCLA with a nose for interesting social phenomena, pointed to a

NATIVE AMERICAN HERITAGE MONTH: Quick History on the TONGVA PEOPLE

If you live in or near Los Angeles here is a quick history lesson on the Tongva people from my friend Emilio Reyes.

The first people to inhabit the area of LA were known as the Gabrielinos. This name was given by the Spaniards to the Indians living around the area of Mission San Gabriel. Today most Gabrielinos identify themselves as Tongva, which means People of the Earth in the traditional Tongva language.

In 1851 the Gabrielino treaty was signed at the Tejon Pass. In 1853, 50,000 acres were promised on the San Sebastian Reserve at the Tejon Pass as a temporary reservation. Instead this piece of land ended up as the private property of BIA Superintendent, Edward Beale, leaving Gabrielinos without any land or Indian reservation.

During the Indian Claims Commission Act (1946-1970’s), the Gabrielino claimed the largest amount of land than any other California Indian Tribe. It is documented and recognized that the Tongva claimed 1,553,773 acres of land.

The Tongva lived in Los Angeles, including parts of Orange, San Bernardino, Riverside (Prado) and Santa Barbara.

The history books, the newspapers and at the times the Federal Government thru the Bureau of Indian Affairs have declared the Tongva extinct.

Approximately 5,000-10,000 individuals who claim Tongva ancestry live today.

Even though the Gabrielino people are now recognized by the City of Los Angeles and by the State of California, the federal government and the Bureau of Indian Affairs fails to acknowledge the first people of Los Angeles.

Recognition and identity is critically important to the Tongva, especially when it comes to important Native issues such as protecting our ancestral lands and sacred sites.

Due to the lack of federal recognition, other near by tribes such as Pechanga and Santa Ynez are entitled to make decisions on behalf of the Tongva, even though the LA Area is not part of their ancestral lands.

The struggle for federal recognition continues...

Disenrollments at Omaha Tribe of Nebraska, Certainly NOT EQUAL JUSTICE UNDER LAW

We are learning more about the recent tribal disenrollments at the Omaha Tribe of Nebraska.  It's about dual citizenship and it's not unusual for tribes to have rules against that.  Our tribe, the Pechanga Band of Luiseno Indians also has that rule in the constitution.

I wanted to learn more about these because you have wonder what the motives were in this case of Taylor Keen and  Marisa Miakonda Cummings have been disenrolled because of dual citizenship, in Keen's case and because of a change of blood quantum for Marisa's great grandfather.  In what must be an AMAZING coincidence, the tribe made the blood quantum adjustment AFTER she worked with the FBI, under subpoena, providing financial documents that lead to 7 council members and employees pleading guilty to misusing federal money to provide themselves bonuses.    

I'm thinking coincidence could happen right, right?

Northern Cheyenne Proposes DENYING MOTHER'S BLOODLINE in Membership Requirement Shift.

OH no....disenollment rearing it's ugly head in Jon Tester's Montana Indian Country.   WHY do they disrespect their women?

 A proposed resolution which would dramatically change requirements for enrollment in the Northern Cheyenne Tribe: From the current system of lineal descendants (tracing your heritage or blood line to an original enrolled person in 1884) to being at least 50% Northern Cheyenne on the paternal side.

That would drastically reduce the number of people eligible for enrollment, presently about 13,000. For example, it would eliminate me as my Cheyenne blood goes to my mother. It would, however include my children who trace the majority of their blood to their father. But if they marry non-Indians or non-Cheyenne, their children would then be ineligible.

READ MORE AT INDIANZ.COM

LESTER MARSTON, CHUKCHANSI LAWYER's LAWSUIT Dismissal REVERSED!

OUCH BABY, the LAWSUIT against one Chukchansi faction that raided the casino operations is BACK ON!

Two unwitting pawns in a bitter, protracted leadership dispute between rival factions of an Indian tribe, appellants Shawn Fernandez and Brian Auchenbach, took part in a paramilitary raid of the tribe’s casino offices in order to oust a competing tribal faction of possession. The two men believed they had been lawfully deputized as police officers for the tribe, had full legal authority to engage in the operation, and would not face any adverse legal consequences or criminal charges as a result. They believed this, because attorneys for the tribal faction that hired them as police officers assured them it was true.

It wasn’t. Contrary to counsel’s assurances, Fernandez and Auchenbach were arrested by the Madera County Sheriff’s Department, along with the others who participated in the raid, and were charged with 29 felony counts. The two men then brought this lawsuit against the attorneys involved, alleging causes of action for attorney malpractice, negligence and fraud, premised on the attorneys’ false assurances to them concerning the validity of the tribal police force that had hired them and the legality of the armed raid they took part in.

BOOM:!The trial court granted the attorneys’ motion to strike their complaint under the anti-SLAPP statute (Code Civ. Proc., § 425.161). We reverse, because this lawsuit does not arise from any activity protected by that statute.

During several private planning meetings with the new ostensible police force, attorneys Lester Marston and Mark Levitan advised the group that the planned operation was legal and authorized by all pertinent governmental agencies.

In particular, both lawyers repeatedly assured the police force that they had been deputized by “Special Law Enforcement Commission, Bureau of Indian Affairs, Office of Justice Services” as tribal police officers and were therefore authorized to enforce federal law on tribal property, all relevant law enforcement agencies had accepted their appointment as tribal police officers (including the Bureau of Indian Affairs and the Madera County Sheriff’s Department), as officers of the newly formed police department they were properly and legally authorized to takepossession of the casino office without interference from the Madera County Sheriff’s Department, and they would face no adverse legal consequences or charges as a result of
carrying out the eviction operation

NCAI Executive director Jackie Pata Sidelined Amid Concerns About #MeToo Investigation

Sad news this week.  I've met her, nice woman, dedicated.

Jackie Pata, the highest-ranking staffer at the National Congress of American Indians, has been placed on leave as questions mount about her handling of a #MeToo scandal and other long-standing employee complaints.

As they prepare for a milestone conference in Denver, Colorado, tribal leaders who serve on NCAI's executive committee made the decision to suspend Pata on Saturday. She will be sidelined pending the results of an investigation into allegations of staff misconduct, one of the issues that Indianz.Com has reported on over the last two months.

Read MORE HERE at INDIANZ.COM

BIA is Corrupt Including Delaying Recognition Says Guest Blogger Reinstatement Resolution

I've moved this comment from our friend known as Reinstatement_Restitution where he said in response to Dr. Ken Hansen's post from yesterday on BIA MALFEASANCE in stifling self determination to it's own post...


The problem is that the BIA is corrupt and BIA officials accept "contributions" in exchange for favoritism. The laws that govern recognition were fatally flawed because they allowed the BIA to delay or deny recognition so long that people would give up. The BIA recognized this and revised the Part 83 process so that it would operate to more quickly terminate tribes that apply for recognition. The political climate in America towards Indians is one of status quo. The tribes that currently exist can participate in federal programs and services, disenroll members, and reap the benefits of tribal gaming. New tribes had better have a treasure chest to buy influence or face termination.

Otherwise it is business as usual. Indians can commit crimes against other Indians without repercussion. The federal government's attitude is to let it be a free for all unless it goes outside the reservation. Investigations extend endlessly and never result in indictments. Federal Courts protect the sovereign immunity of corrupt tribal leaders. The BIA regularly colludes with tribal leaders to promote corrupt agendas. No one sees anything wrong with the status quo because those in power benefit from tribal leaders "contributions."

This has been going on for a long time. Congress does not care. Courts do not care. Federal agencies do not care. American citizens do not care. Indians do not care about what happens to other Indians. I don't want to sound pessimistic because there are other options to explore. Maybe there will be a break in the near future that will open the door to change. Look to the future...

Kenneth Hansen: BIA Stifling Tribal Self-Determination, Leads To Disenrollment

Kenneth Hansen Ph.D

Our friend and Native American scholar from California State University Fresno Kenneth Hansen Ph.D,  is a guest blogger today, with this article on the Bureau of Indian Affairs and it's role in Tribal Disenrollment.
I URGE you to read and share the link on social Media

BIA stifles tribal self-determination, leads to disenrollment

Many of us have been trying to determine the root causes of tribal disenrollment for many years. Our online friend Emilio Reyes is on to something when he says that the Bureau of Indian Affairs (BIA) is greatly responsible for the lack of recognition (of both tribes and individuals). Federal acknowledgement processes are as byzantine as one can possibly imagine. Renee Cramer (2007) discusses how there are no less than 30 different standards for recognizing who is Indian in the eyes of the US federal government. The acknowledgement process, despite recent attempts at reform, still takes over 30 years.

Why is it that the BIA is unable to resolve intra-tribal conflicts that might eventually lead to disenrollment or banishment of rival factions? One possible explanation is bureaucratic rigidity. In the field of Public Administration, we regularly discuss Merton’s (1957) bureaucratic pathologies, which include such scary-sounding things as the rigidity cycle, trained incapacity, and goal displacement. What seems to have happened to the BIA (from the outside looking in) is that as an organization, they have no sense of their place in history.

NCAI: Will They FINALLY Stand UP AGAINST Tribal Disenrollment ANSWER: NOPE

For years, we have reported that the National Congress of American Indians has stood by in silence, while over 10,000 American Indians have had their civil and human rights abused by Tribes who have disenrolled their people.  

Related Links:   NCAI Silent over a Decade  and NCAI, NIGC and NARF MIA on Dismemberment

September 28th is the deadline for submitting resolutions to the NCAI for the 2019 year and THERE IS NOTHING ON THEIR AGENDA on TRIBAL DISENROLLMENT of NATIVE AMERICANS
They found some time for