UPDATE 3: There will be NO revote, as the justices got to see the video and this recount will be done at ONE sitting, no breaks.
Updates as we get them! Tahlequah Daily Press is updating.
UPDATE 2: Full hand count of some 15,000 ballots; Smith and Baker both allowed to have one representative present during recount.
UPDATE 1: Vault was entered twice by member of the independent contractor handling election at Cherokee Nation. Entered to retrieve readouts for mail-in absentees, and for early voting ballots. Boxes containing ballots remain sealed
Candidates for CN chief are in a hearing with election commission and court justices. The Daily Press is not being allowed in, but we are told there were apparently two breaches of the vault containing election results last weekend. Conveniently, the video from the security camera isnt available due to a "technical Difficulty
Thursday, June 30, 2011
Wednesday, June 29, 2011
Cherokee Candidate Bill John Baker to File Request for FULL HAND RECOUNT in Election.
Cherokee Nation principal chief candidate Bill John Baker formally announced Wednesday afternoon that he will file a request for a full hand recount of this weekend’s election.
The tribe’s election commission overturned the unofficial results posted on its website early Sunday morning. The unofficial tally -- 7,600 to 7,589 -- listed Baker as the winner by 11 votes, but official figures released by the commission Monday afternoon declared current chief Chad Smith the victor by a 7,609-7,602 margin.
“We demand to know what caused the change in vote tally. We want to know who demanded the change and why,” he said at a news conference. “All Cherokees should demand to know the truth.”
“We also believe that Smith employees went in Sunday morning and came out with new results,” Baker said. “However, we won’t know for sure because we haven’t received the tapes and other information from the election commission that we’ve requested.”
Current principal chief Chad Smith denied Baker’s comments.
“I think you’ll find that nobody went behind the public barrier (at the election commission) from either camp,” he said. (OP: Meaning: My people didn't see anyone else there, LOL)
Earlier Wednesday morning, the Cherokee Nation Supreme Court granted the Baker campaign’s petition for an emergency injunction, requiring the election commission to release certified vote totals by district and for absentee ballots. The court order also required the commission turn over any documentation explaining the difference in vote totals. The court order required the documents to be produced to both campaigns by 11 a.m., but the Baker camp had not had a chance to peruse them prior to Wednesday’s press conference.
Election commission attorney Lloyd Cole of Stilwell filed a motion with the tribe’s Supreme Court at 8:05 a.m. Wednesday to dismiss Baker’s request for emergency injunctive relief. Citing the tribe’s election law, the motion to dismiss states that the commission would not disturb anything in the commission’s secure location until opened by order for recount purposes or by order of the Supreme Court in an election appeal.
Baker has until 5 p.m. today to file a recount request. As per tribal law, there is a $750 fee for each district a recount is requested for and another $750 fee to recount absentee ballots. Baker said the approximately $5,000 will come from campaign funds.
Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=12&articleid=20110629_12_0_ALQAhh780553
The tribe’s election commission overturned the unofficial results posted on its website early Sunday morning. The unofficial tally -- 7,600 to 7,589 -- listed Baker as the winner by 11 votes, but official figures released by the commission Monday afternoon declared current chief Chad Smith the victor by a 7,609-7,602 margin.
“We demand to know what caused the change in vote tally. We want to know who demanded the change and why,” he said at a news conference. “All Cherokees should demand to know the truth.”
“We also believe that Smith employees went in Sunday morning and came out with new results,” Baker said. “However, we won’t know for sure because we haven’t received the tapes and other information from the election commission that we’ve requested.”
Current principal chief Chad Smith denied Baker’s comments.
“I think you’ll find that nobody went behind the public barrier (at the election commission) from either camp,” he said. (OP: Meaning: My people didn't see anyone else there, LOL)
Earlier Wednesday morning, the Cherokee Nation Supreme Court granted the Baker campaign’s petition for an emergency injunction, requiring the election commission to release certified vote totals by district and for absentee ballots. The court order also required the commission turn over any documentation explaining the difference in vote totals. The court order required the documents to be produced to both campaigns by 11 a.m., but the Baker camp had not had a chance to peruse them prior to Wednesday’s press conference.
Election commission attorney Lloyd Cole of Stilwell filed a motion with the tribe’s Supreme Court at 8:05 a.m. Wednesday to dismiss Baker’s request for emergency injunctive relief. Citing the tribe’s election law, the motion to dismiss states that the commission would not disturb anything in the commission’s secure location until opened by order for recount purposes or by order of the Supreme Court in an election appeal.
Baker has until 5 p.m. today to file a recount request. As per tribal law, there is a $750 fee for each district a recount is requested for and another $750 fee to recount absentee ballots. Baker said the approximately $5,000 will come from campaign funds.
Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=12&articleid=20110629_12_0_ALQAhh780553
San Manuel Tribe Donates $200,000 to ARC of Montana for Relief Efforts to Assist American Indian Communities
The San Manuel Band of Mission Indians announced today that it has made a $200,000 charitable contribution to the American Red Cross of Montana for its ongoing relief efforts to assist American Indian communities, which have been directly affected by late spring flooding along the Little Bighorn and Missouri Rivers. Initially damage affecting the Crow Indian Reservation grew to include more than one Indian tribe and reservation, including the Fort Belknap Indian Community, and Rocky Boy and Fort Peck Indian Reservations.
In response the American Red Cross of Montana was called into action to provide emergency relief through shelter operations, mass care, and feeding. They remain ready to assist all who need help in the coming weeks. San Manuel’s contribution is intended to support recovery and clean up efforts which continue to be hampered by a limited availability of funds and potential for more flooding as winter snows melt. In the near term, funds will be used to secure on-going shelter and the necessities of daily living
Nicely Done, San Manuel
In other news, the theft of per capita and health care, from tribal members, by the Pechanga Tribe is nearing the $400,000,000 mark. What a difference between the tribes, eh?
In response the American Red Cross of Montana was called into action to provide emergency relief through shelter operations, mass care, and feeding. They remain ready to assist all who need help in the coming weeks. San Manuel’s contribution is intended to support recovery and clean up efforts which continue to be hampered by a limited availability of funds and potential for more flooding as winter snows melt. In the near term, funds will be used to secure on-going shelter and the necessities of daily living
Nicely Done, San Manuel
In other news, the theft of per capita and health care, from tribal members, by the Pechanga Tribe is nearing the $400,000,000 mark. What a difference between the tribes, eh?
Tuesday, June 28, 2011
Cherokee Election Commission Reverses Election Results; Declares Chad "Our Slaves Were Well Treated" Smith Winner
WHY, are we not surprised?
Officials with one of the nation's largest American Indian tribes reversed unofficial election results Monday and declared the longtime chief the winner of a bitter, close race.
The Cherokee Election Commission said Principal Chief Chad Smith had defeated longtime councilman Bill John Baker and won re-election to a fourth term by seven votes. Unofficial results released Sunday showed Baker unseating Smith by 11 votes.
The Cherokee Nation is Oklahoma's largest American Indian tribe and one of the nation's biggest, with a membership approaching 300,000 people. The Tahlequah-based tribe has a 14-county jurisdiction in eastern Oklahoma, although many of its members live elsewhere.
The campaign between Smith and Baker was contentious, with the two men combining to spend nearly a half-million dollars as they sought the chief's job. Turnout for Saturday's election was considerably higher than in 2007, when Smith won a third term as 13,903 voters cast a ballot.
Commission clerk Joyce Gourd said she wasn't there when commission members certified the election results and didn't know why the unofficial results were overturned. The final count was 7,609 votes for Smith and 7,602 votes for Baker, she said. OP: Apparently, some votes were found in a back pocket...
Unofficial results had shown Baker the winner with 7,600 votes, while Smith had 7,589.
Smith, who had announced plans to challenge the election results shortly before they were overturned, said he was pleased with the results and believes his re-election vindicates his leadership of the Cherokee Nation over the past 12 years.
"We're doing very well in creating jobs and health care," Smith said. "We're very happy. The staff is just jubilant."
Baker, a Cherokee Nation councilman for 12 years, said he expects to ask for a recount. Baker has until Wednesday to make the request.
"I am obviously shocked that after an arduous and complete vote count that had our campaign in the lead against an entrenched incumbent with all the powers of the government at his disposal today some numbers were found to be incorrect," Baker said in the statement issued late Monday.
"I ask that all Cherokees and specifically my thousands of supporters stay calm as we get to the bottom of this election," he said. "We are a proud people who believe in honesty and transparency. And most importantly the integrity of our Constitution and nation must never be in question as that could also risk our sovereignty."
Smith, who was first elected in 1999 when he unseated Joe Byrd, who took office after the retirement of longtime chief Wilma Mankiller, focused on his record during the heated campaign against Baker.
During the race, Baker also criticized Smith for using a tribal airplane for travel and called for the tribe to spend more of its gaming revenues on health care. Smith said he followed a budget approved by the tribal council in using the tribe's twin-engine plane and noted that the tribe went from spending $18 million a year on health care in 1999 to more than $300 million annually today.
In spite of the tense campaign rhetoric, Smith said he believes any animosity between the two men has been overstated.
Officials with one of the nation's largest American Indian tribes reversed unofficial election results Monday and declared the longtime chief the winner of a bitter, close race.
The Cherokee Election Commission said Principal Chief Chad Smith had defeated longtime councilman Bill John Baker and won re-election to a fourth term by seven votes. Unofficial results released Sunday showed Baker unseating Smith by 11 votes.
The Cherokee Nation is Oklahoma's largest American Indian tribe and one of the nation's biggest, with a membership approaching 300,000 people. The Tahlequah-based tribe has a 14-county jurisdiction in eastern Oklahoma, although many of its members live elsewhere.
The campaign between Smith and Baker was contentious, with the two men combining to spend nearly a half-million dollars as they sought the chief's job. Turnout for Saturday's election was considerably higher than in 2007, when Smith won a third term as 13,903 voters cast a ballot.
Commission clerk Joyce Gourd said she wasn't there when commission members certified the election results and didn't know why the unofficial results were overturned. The final count was 7,609 votes for Smith and 7,602 votes for Baker, she said. OP: Apparently, some votes were found in a back pocket...
Unofficial results had shown Baker the winner with 7,600 votes, while Smith had 7,589.
Smith, who had announced plans to challenge the election results shortly before they were overturned, said he was pleased with the results and believes his re-election vindicates his leadership of the Cherokee Nation over the past 12 years.
"We're doing very well in creating jobs and health care," Smith said. "We're very happy. The staff is just jubilant."
Baker, a Cherokee Nation councilman for 12 years, said he expects to ask for a recount. Baker has until Wednesday to make the request.
"I am obviously shocked that after an arduous and complete vote count that had our campaign in the lead against an entrenched incumbent with all the powers of the government at his disposal today some numbers were found to be incorrect," Baker said in the statement issued late Monday.
"I ask that all Cherokees and specifically my thousands of supporters stay calm as we get to the bottom of this election," he said. "We are a proud people who believe in honesty and transparency. And most importantly the integrity of our Constitution and nation must never be in question as that could also risk our sovereignty."
Smith, who was first elected in 1999 when he unseated Joe Byrd, who took office after the retirement of longtime chief Wilma Mankiller, focused on his record during the heated campaign against Baker.
During the race, Baker also criticized Smith for using a tribal airplane for travel and called for the tribe to spend more of its gaming revenues on health care. Smith said he followed a budget approved by the tribal council in using the tribe's twin-engine plane and noted that the tribe went from spending $18 million a year on health care in 1999 to more than $300 million annually today.
In spite of the tense campaign rhetoric, Smith said he believes any animosity between the two men has been overstated.
Monday, June 27, 2011
BREAKING NEWS: SUPREME COURT REFUSES TO HEAR RINCON vs California Case
The U.S Supreme Court on Monday left intact a court of appeals opinion that will make it more difficult for states to hold out for certain payments from tribes who want to negotiate compacts to expand or build new casinos.
The court decided not to hear the California appeal by the Rincon Band of Luiseno Indians, a San Diego area tribe that wants to add slot machines to Harrah’s Rincon Casino & Resort.
By refusing to hear the case, the Supreme Court effectively upheld Rincon’s view that California went too far in its demands that general fund payments be made in exchange for the right to put hundreds of slots on the casino floor.
Tribes have been watching the case closely, saying the decision will have broad ramifications over compact negotiations between tribes and the governor. EPIC FAIL on the part of Schwarzenegger
The court decided not to hear the California appeal by the Rincon Band of Luiseno Indians, a San Diego area tribe that wants to add slot machines to Harrah’s Rincon Casino & Resort.
By refusing to hear the case, the Supreme Court effectively upheld Rincon’s view that California went too far in its demands that general fund payments be made in exchange for the right to put hundreds of slots on the casino floor.
Tribes have been watching the case closely, saying the decision will have broad ramifications over compact negotiations between tribes and the governor. EPIC FAIL on the part of Schwarzenegger
Pechanga Tribe Hilariously Gives Recorded Oral History as Evidence in Quarry Battle
The Pechanga Tribal representatives are trying to convince county supervisors that the land that Granite Corp is looking to mine in the Liberty Quarry is sacred, they used, recorded oral history? All of a sudden, they believe in recorded oral history. In their own disenrollment actions, they IGNORED, sworn testimony taken in the Luiseno language that Paulina Hunter was a Original Pechanga Person. They ignored the oral history of Antonio Ashman, our vaunted elder of the tribe.
They ignored written documentation of their own hired historian, and NOW, they want us to believe they give a rat's ass about a mountain? Remember, the council came to the tribe wanting to BUY the QUARRY to expand our business into....wait for it......GRANITE MINING!
Noting that there are maps, field notes and recorded oral histories that back up the importance of the land to the Pechanga, Petty asked, "Are we that linear that we have to go find something on the site?" The crowd, which included numerous tribe members, applauded him vigorously.
Tribal officials are scheduled to meet Thursday with county officials in Riverside to continue discussing this issue.
Read More at the NCTIMES
They ignored written documentation of their own hired historian, and NOW, they want us to believe they give a rat's ass about a mountain? Remember, the council came to the tribe wanting to BUY the QUARRY to expand our business into....wait for it......GRANITE MINING!
Noting that there are maps, field notes and recorded oral histories that back up the importance of the land to the Pechanga, Petty asked, "Are we that linear that we have to go find something on the site?" The crowd, which included numerous tribe members, applauded him vigorously.
Tribal officials are scheduled to meet Thursday with county officials in Riverside to continue discussing this issue.
Read More at the NCTIMES
Sunday, June 26, 2011
Snoqualmie 9 Member Carolyn Lubenau Reports on her trip to Washington DC to Discuss Tribal Violations of Indian Civil Rights
Carolyn Lubenau is a Snoqalmie Indian who was disenrolled from the Snoqualmie Tribe. We've document that history on Original Pechanga's Blog quite often. She and her family continue to fight for their rights and the rights of Native Americans who have been victims of their own tribes. Here's the story of her visit to Washington DC last week:
We had an amazing trip to Washington D.C. Because of a friend on Facebook who posted the information about the Community Leaders Briefing Series at the Whitehouse, and urged people to sign up so my cousin Marilee and I did. I really didn't expect anything from it, and to our total amazement we were invited to attend.
The Community Leaders Briefing Series is a project created from the newly appointed White House Office of Public Engagement. They are going to be hosting a series of briefings all through this summer every Friday. We had a "Listening Session" with Jon Carson who is the Deputy Assistant to the President & the Director of the White House Office of Public Engagement - I of course spoke about Indian Civil Rights and many of the people present were surprised and amazed that Native Americans only enjoy civil rights bestowed upon them by their tribal governments and that the Federal Government does not recognize, defend, or enforce our civil rights within our tribes, and that some of those tribal governments like mine (the Snoqualmie Tribe) are guilty of violating our civil rights without any penalty and have been found guilty in Federal Court but the courts do not have the authority to prosecute tribal governments for civil rights violations because the Indian Civil Rights Act does not have any enforcement mechanism.....it is just a suggestion to the tribes and they don't have to legally comply or even pay attention to it because no one will defend us....and certainly not the Department of the Interior or the BIA who just ignore it completely. OP: The Native American Rights Fund also refuse to help individual Indians in their struggle for their rights.
I had a dollar bill in my hand and I said the Federal Government spends billions of dollars defending and enforcing your civil rights (the audience) and yet they have not spent a single dollar to defend Native American Civil Rights........it really got their attention! I got business cards from people who came up to me to tell me to let them know how they could help. It was amazing and much more than I ever expected......truly worth going. We have to keep educating people and I met some really nice people who want to help. As a total surprise, President Obama arrived to speak to our group.....Marilee and I were 3 rows from the front and center and he was looking right at us - she even got video!
Every chance we get we have to educate, educate, educate......people just do not know that we do not enjoy the security and freedom of "enforceable" civil rights that everyone takes for granted - when my cousin gets banished for saying a prayer and we get banished for "treason" without any evidence or a trial or someone to defend us there is something very wrong......we will see a change and someday the last 1.5% of this Nations citizens will have enforceable and protected civil rights!
Pay attention tribal leaders - you need to recognize this epidemic of Native American Civil Rights abuses and be on the side finding a solution and not the side fighting this because we will never give up until this injustice is corrected. If you feel this is a threat to "sovereign immunity"....you should speak out against it and sanction those tribes who banish, disenroll and violate their citizens civil rights - that is not our way and you who do not speak out are part of the problem. I assure you we will be speaking out because you were not there to help and protect us.
.
We had an amazing trip to Washington D.C. Because of a friend on Facebook who posted the information about the Community Leaders Briefing Series at the Whitehouse, and urged people to sign up so my cousin Marilee and I did. I really didn't expect anything from it, and to our total amazement we were invited to attend.
The Community Leaders Briefing Series is a project created from the newly appointed White House Office of Public Engagement. They are going to be hosting a series of briefings all through this summer every Friday. We had a "Listening Session" with Jon Carson who is the Deputy Assistant to the President & the Director of the White House Office of Public Engagement - I of course spoke about Indian Civil Rights and many of the people present were surprised and amazed that Native Americans only enjoy civil rights bestowed upon them by their tribal governments and that the Federal Government does not recognize, defend, or enforce our civil rights within our tribes, and that some of those tribal governments like mine (the Snoqualmie Tribe) are guilty of violating our civil rights without any penalty and have been found guilty in Federal Court but the courts do not have the authority to prosecute tribal governments for civil rights violations because the Indian Civil Rights Act does not have any enforcement mechanism.....it is just a suggestion to the tribes and they don't have to legally comply or even pay attention to it because no one will defend us....and certainly not the Department of the Interior or the BIA who just ignore it completely. OP: The Native American Rights Fund also refuse to help individual Indians in their struggle for their rights.
I had a dollar bill in my hand and I said the Federal Government spends billions of dollars defending and enforcing your civil rights (the audience) and yet they have not spent a single dollar to defend Native American Civil Rights........it really got their attention! I got business cards from people who came up to me to tell me to let them know how they could help. It was amazing and much more than I ever expected......truly worth going. We have to keep educating people and I met some really nice people who want to help. As a total surprise, President Obama arrived to speak to our group.....Marilee and I were 3 rows from the front and center and he was looking right at us - she even got video!
Every chance we get we have to educate, educate, educate......people just do not know that we do not enjoy the security and freedom of "enforceable" civil rights that everyone takes for granted - when my cousin gets banished for saying a prayer and we get banished for "treason" without any evidence or a trial or someone to defend us there is something very wrong......we will see a change and someday the last 1.5% of this Nations citizens will have enforceable and protected civil rights!
Pay attention tribal leaders - you need to recognize this epidemic of Native American Civil Rights abuses and be on the side finding a solution and not the side fighting this because we will never give up until this injustice is corrected. If you feel this is a threat to "sovereign immunity"....you should speak out against it and sanction those tribes who banish, disenroll and violate their citizens civil rights - that is not our way and you who do not speak out are part of the problem. I assure you we will be speaking out because you were not there to help and protect us.
.
Bill John Baker elected Principal Chief of Cherokee Nation; Chad Smith OUSTED
In a close election Bill John Baker sent Hall of Shame member Chad Smith packing. May he do what's right by the Cherokee Freedmen. Congratulations to the Nation,for ridding itself of an individual that has done so much harm to so many.
More than 15,000 votes were cast, and the margin between the men had been fewer than 30 since late Saturday.
The Cherokee Nation is Oklahoma's largest American Indian tribe and one of the nation's biggest, with a membership approaching 300,000 people. The Tahlequah-based tribe has a 14-county jurisdiction in eastern Oklahoma.
Baker, a Tahlequah businessman, will take the oath of office on Aug. 14.
The campaign between Baker and Smith was often contentious. The two men combined to spend nearly a half-million dollars as they sought the chief's job.
During the campaign, Smith emphasized the tribe's economic success during his tenure. He touted the creation of more than 5,000 "stable jobs" by the tribe during the past decade and said that most of those jobs had gone to Cherokees, something Baker disputed.
Baker criticized Smith for using a tribal airplane for travel and called for the tribe to spend more of its gaming revenues on health care. Baker said the tribe shouldn't settle for being good when it could be better
More than 15,000 votes were cast, and the margin between the men had been fewer than 30 since late Saturday.
The Cherokee Nation is Oklahoma's largest American Indian tribe and one of the nation's biggest, with a membership approaching 300,000 people. The Tahlequah-based tribe has a 14-county jurisdiction in eastern Oklahoma.
Baker, a Tahlequah businessman, will take the oath of office on Aug. 14.
The campaign between Baker and Smith was often contentious. The two men combined to spend nearly a half-million dollars as they sought the chief's job.
During the campaign, Smith emphasized the tribe's economic success during his tenure. He touted the creation of more than 5,000 "stable jobs" by the tribe during the past decade and said that most of those jobs had gone to Cherokees, something Baker disputed.
Baker criticized Smith for using a tribal airplane for travel and called for the tribe to spend more of its gaming revenues on health care. Baker said the tribe shouldn't settle for being good when it could be better
Friday, June 24, 2011
Cherokee Elections: Smith outgains Bill John Baker
In the race for Principal Chief of the Cherokee Nation, it looks like the strongarm tactics Smith took in the healthcare industry paid off....
Incumbent Chad Smith has raised approximately $72,000 more than his challenger, Tribal Councilor Bill John Baker, in this year’s campaign for the principal chief seat, with most of his funds stemming from donors listed as executives.
After analyzing campaign financial disclosure reports, the Cherokee Phoenix categorized donors into the categories of legal/lawyer, health/medical, small business owners, educators, executives, administrators, retired and “other.”
Overall, Smith’s donations totaled $244,649.86, with $147,134.14 coming from executives and $29,525.26 (ANY WONDER?) from health/medical. Contributions from “others” totaled $27,195.49, while administrators donated $16,361 to his re-election bid. Legal/lawyer donations totaled $12,433.97, while $11,335 came from retirees and $665 from educators.
Baker’s donations total $172,314.75, with most coming from small business owners at $57,018.61. Retirees have given the challenger $36,561.85, while “others” have given $34,889.18. Legal/lawyer donations total $32,013.51, and health/medical donations total $8,850. Educators have given $2,787.70, with executives giving $193.90. Also, Baker loaned his campaign $115,018.
TIME FOR A NEW CHIEF....
Incumbent Chad Smith has raised approximately $72,000 more than his challenger, Tribal Councilor Bill John Baker, in this year’s campaign for the principal chief seat, with most of his funds stemming from donors listed as executives.
After analyzing campaign financial disclosure reports, the Cherokee Phoenix categorized donors into the categories of legal/lawyer, health/medical, small business owners, educators, executives, administrators, retired and “other.”
Overall, Smith’s donations totaled $244,649.86, with $147,134.14 coming from executives and $29,525.26 (ANY WONDER?) from health/medical. Contributions from “others” totaled $27,195.49, while administrators donated $16,361 to his re-election bid. Legal/lawyer donations totaled $12,433.97, while $11,335 came from retirees and $665 from educators.
Baker’s donations total $172,314.75, with most coming from small business owners at $57,018.61. Retirees have given the challenger $36,561.85, while “others” have given $34,889.18. Legal/lawyer donations total $32,013.51, and health/medical donations total $8,850. Educators have given $2,787.70, with executives giving $193.90. Also, Baker loaned his campaign $115,018.
TIME FOR A NEW CHIEF....
AIRRO: American Indian Rights and Resources Organization and the Indian Civil Rights Act
Abuse of individal Indians at the hands of tribal governments and/or tribal officials- led to the introduction and enactment of the Indian Civil Rights Act of 1968 (ICRA). Unfortunately the ICRA did not contain an effective enforcement mechanism to deter tribal governments from violating the rights of the individual. Here is a portion of the information AIRRO put together on why we need enforcement of ICRA. SIGN PETITION HERE
The American Indian Rights and Resources Organization (AIRRO) is a Native American rights organization which is dedicated to the protection, preservation, and enforcement of the human rights of individual Indians through-out United States Indian Country. OP: PLEASE consider supporting AIRRO with your membership, details at the link above.
Earlier this year, the AIRRO submitted information to the OHCHR for use in the Universal Periodic Review of the United States human rights record. AIRRO’s submission highlighted the trend of civil and human rights abuses indigenous people are being subjected to and the United State’s role in creating an environment for such injustices to occur. The AIRRO believes that both the UN and the United States should address the growing number of human and civil rights abuses in Indian Country and work towards the enforcement of previously enacted laws governing Indian civil and human rights.
The most egregious human rights issues that have gripped Indian Country over the last decade include the taking of ones citizenship; the denial of basic rights and freedoms; and the severing of spiritual and cultural ties to ones people and land. In place of actual physical genocide, acts such as disenrollment, banishment and the denial of citizenship are “killing off” generations of Indian people.
Disenrollment is the stripping of one’s citizenship in his or her tribe. Banishment is an act taken against individuals or groups whereby they are barred from entering and/or staying within their tribal reservation or other tribal lands. Denial of membership is an act to keep those eligible for tribal citizenship off the tribal rolls.
Disenrollment (described here, liked being RAPED and having the RAPIST judge you) has been characterized as an act committed by tribal officials “without any concern for human rights, tribal traditions or due process… as a means to solidify their own economic and political bases and to winnow out opposition families who disapprove of the direction the tribal leadership is headed…(It) has tragically become almost commonplace in Indian country, leaving thousands of bona fide Native individuals without the benefits and protections of the nations they are biologically, culturally, and spiritually related to.”
The State is in large part responsible for the growing problem of human rights abuses in Indian Country. Its responsibility lies with the laws it has enacted and the failures of its agencies to carry out the trust responsibility due the individual Indian.
Of note, in 1968, after an investigation by the Constitutional Rights Subcommittee of the Senate Committee on the Judiciary, the Indian Civil Rights Act (ICRA) was passed.
The ICRA was adopted to ensure that tribal governments respect the basic human and civil rights of individual Indians and non-Indians. The ICRA was intended to extend constitutional rights to individual Indians and thereby “protect individual Indians from arbitrary and unjust actions of tribal governments.” Under the ICRA tribal governments were prohibited from enacting or enforcing laws that violate certain individual rights.
Unfortunately, the ICRA failed to include an effective enforcement mechanism: save for a writ of habeas corpus, aggrieved individual(s) were barred from holding the offending tribal government or tribal official(s) accountable for violations of tribal and/or federal law.
The ICRA was further neutered in Martinez v. Santa Clara Pueblo which held that the ICRA, although a federal statute, was not enforceable in federal court. While the Martinez decision did allow for State intervention in limited instances, the Bureau of Indian Affairs (BIA), an agency within the Department of the Interior, has routinely declined to intervene.
The failures of the United States in regards to enforcement of the ICRA led William B. Allen, at the time, a member of the United States Commission on Civil Rights, to point out that no federal money had been spent on the enforcement of fundamental civil rights of American citizens (including the indigenous population) domiciled on reservations since the Martinez decision.
The American Indian Rights and Resources Organization (AIRRO) is a Native American rights organization which is dedicated to the protection, preservation, and enforcement of the human rights of individual Indians through-out United States Indian Country. OP: PLEASE consider supporting AIRRO with your membership, details at the link above.
Earlier this year, the AIRRO submitted information to the OHCHR for use in the Universal Periodic Review of the United States human rights record. AIRRO’s submission highlighted the trend of civil and human rights abuses indigenous people are being subjected to and the United State’s role in creating an environment for such injustices to occur. The AIRRO believes that both the UN and the United States should address the growing number of human and civil rights abuses in Indian Country and work towards the enforcement of previously enacted laws governing Indian civil and human rights.
The most egregious human rights issues that have gripped Indian Country over the last decade include the taking of ones citizenship; the denial of basic rights and freedoms; and the severing of spiritual and cultural ties to ones people and land. In place of actual physical genocide, acts such as disenrollment, banishment and the denial of citizenship are “killing off” generations of Indian people.
Disenrollment is the stripping of one’s citizenship in his or her tribe. Banishment is an act taken against individuals or groups whereby they are barred from entering and/or staying within their tribal reservation or other tribal lands. Denial of membership is an act to keep those eligible for tribal citizenship off the tribal rolls.
Disenrollment (described here, liked being RAPED and having the RAPIST judge you) has been characterized as an act committed by tribal officials “without any concern for human rights, tribal traditions or due process… as a means to solidify their own economic and political bases and to winnow out opposition families who disapprove of the direction the tribal leadership is headed…(It) has tragically become almost commonplace in Indian country, leaving thousands of bona fide Native individuals without the benefits and protections of the nations they are biologically, culturally, and spiritually related to.”
The State is in large part responsible for the growing problem of human rights abuses in Indian Country. Its responsibility lies with the laws it has enacted and the failures of its agencies to carry out the trust responsibility due the individual Indian.
Of note, in 1968, after an investigation by the Constitutional Rights Subcommittee of the Senate Committee on the Judiciary, the Indian Civil Rights Act (ICRA) was passed.
The ICRA was adopted to ensure that tribal governments respect the basic human and civil rights of individual Indians and non-Indians. The ICRA was intended to extend constitutional rights to individual Indians and thereby “protect individual Indians from arbitrary and unjust actions of tribal governments.” Under the ICRA tribal governments were prohibited from enacting or enforcing laws that violate certain individual rights.
Unfortunately, the ICRA failed to include an effective enforcement mechanism: save for a writ of habeas corpus, aggrieved individual(s) were barred from holding the offending tribal government or tribal official(s) accountable for violations of tribal and/or federal law.
The ICRA was further neutered in Martinez v. Santa Clara Pueblo which held that the ICRA, although a federal statute, was not enforceable in federal court. While the Martinez decision did allow for State intervention in limited instances, the Bureau of Indian Affairs (BIA), an agency within the Department of the Interior, has routinely declined to intervene.
The failures of the United States in regards to enforcement of the ICRA led William B. Allen, at the time, a member of the United States Commission on Civil Rights, to point out that no federal money had been spent on the enforcement of fundamental civil rights of American citizens (including the indigenous population) domiciled on reservations since the Martinez decision.
Wednesday, June 22, 2011
Jeff Livingston, THIEF of Chukchansi Gold Casino, Convicted and Faces 20 Years. Ian Garriques Leads Successful Prosecution
The Picayune Rancheria, who stole MILLIONS from their own people, yet faced no consequences, have seen their former General Manager of their casino convicted of theft. Using business credit card for personal use. (want to be the council members have done that?)
United States Attorney Benjamin B. Wagner announced that Jeff Livingston, 51, of Las Vegas, was convicted today of six counts of mail fraud and three counts of theft by an officer or employee of an Indian gaming establishment, stemming from his embezzlement and theft of money and property from the Chukchansi Gold Resort and Casino. The guilty verdict was returned on all counts by a federal jury in Fresno after a five-day trial before United States District Judge Lawrence J. O’Neill.
The evidence at trial showed that from October 2006 through October 2007, Livingston, Chukchansi’s general manger, executed a scheme to defraud Chukchansi by making a series of personal purchases using his business credit card and other Chukchansi funds. By accounting for such purchases as business purchases, Livingston caused the casino to pay for the items and defrauded the casino of its money and property. The personal purchases included a golf package to Hawaii, down payments on personal vehicles, a diamond necklace, and autographed sports and music memorabilia, including an autographed Master’s jacket. Chukchansi Gold Resort and Casino is owned and operated by the Picayune Rancheria of Chukchansi Indians, a federally recognized Indian tribe in Madera County. OP: This sounds very much like what the shorter brother of Pechanga Chairman Mark Macarro did that caused the tribe to take away HIS credit cards. Isn't that CRIMINAL TOO?
According to United States Attorney Benjamin Wagner, “The United States will vigorously prosecute those who seek to defraud legitimate gaming establishments operated by federally recognized Indian tribes in California.” OP: BEN, see comment above.
This case is the product of an extensive investigation by the Federal Bureau of Investigation and the California Department of Justice, Bureau of Gambling Control. Assistant United States Attorneys Ian Garriques and Kirk Sherriff prosecuted the case.
Livingston is scheduled to be sentenced on September 2, 2011. He faces a maximum sentence of 20 years in prison and a $1 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Note: corrected the spelling in the title.
United States Attorney Benjamin B. Wagner announced that Jeff Livingston, 51, of Las Vegas, was convicted today of six counts of mail fraud and three counts of theft by an officer or employee of an Indian gaming establishment, stemming from his embezzlement and theft of money and property from the Chukchansi Gold Resort and Casino. The guilty verdict was returned on all counts by a federal jury in Fresno after a five-day trial before United States District Judge Lawrence J. O’Neill.
The evidence at trial showed that from October 2006 through October 2007, Livingston, Chukchansi’s general manger, executed a scheme to defraud Chukchansi by making a series of personal purchases using his business credit card and other Chukchansi funds. By accounting for such purchases as business purchases, Livingston caused the casino to pay for the items and defrauded the casino of its money and property. The personal purchases included a golf package to Hawaii, down payments on personal vehicles, a diamond necklace, and autographed sports and music memorabilia, including an autographed Master’s jacket. Chukchansi Gold Resort and Casino is owned and operated by the Picayune Rancheria of Chukchansi Indians, a federally recognized Indian tribe in Madera County. OP: This sounds very much like what the shorter brother of Pechanga Chairman Mark Macarro did that caused the tribe to take away HIS credit cards. Isn't that CRIMINAL TOO?
According to United States Attorney Benjamin Wagner, “The United States will vigorously prosecute those who seek to defraud legitimate gaming establishments operated by federally recognized Indian tribes in California.” OP: BEN, see comment above.
This case is the product of an extensive investigation by the Federal Bureau of Investigation and the California Department of Justice, Bureau of Gambling Control. Assistant United States Attorneys Ian Garriques and Kirk Sherriff prosecuted the case.
Livingston is scheduled to be sentenced on September 2, 2011. He faces a maximum sentence of 20 years in prison and a $1 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Note: corrected the spelling in the title.
Tuesday, June 21, 2011
Federal Judge approves $3.4 BILLION Cobell Settlement; US Government Gets off CHEAP
A federal judge on Monday approved a $3.4 billion settlement over mismanaged Indian royalties in a case that represents the largest class-action settlement ever approved against the U.S. government.
Elouise Cobell of Browning, Mont., claimed in the 15-year-old suit that for more than a century, U.S. officials systematically stole or squandered billions in royalties intended for American Indians in exchange for oil, gas, grazing and other leases.
U.S. District Judge Thomas Hogan, in approving the settlement after a daylong hearing, said the legitimacy of Cobell's claims could not be questioned.
"The government mismanaged these resources on a staggering scale," Hogan said.
The settlement does not make up for the losses Indian tribes suffered for more than a century, Hogan added, but "at least it provides some certainty" to hundreds of thousands of individual Indians who will now receive payments of least $1,000 each from the government. Many will receive substantially more money.
Elouise Cobell of Browning, Mont., claimed in the 15-year-old suit that for more than a century, U.S. officials systematically stole or squandered billions in royalties intended for American Indians in exchange for oil, gas, grazing and other leases.
U.S. District Judge Thomas Hogan, in approving the settlement after a daylong hearing, said the legitimacy of Cobell's claims could not be questioned.
"The government mismanaged these resources on a staggering scale," Hogan said.
The settlement does not make up for the losses Indian tribes suffered for more than a century, Hogan added, but "at least it provides some certainty" to hundreds of thousands of individual Indians who will now receive payments of least $1,000 each from the government. Many will receive substantially more money.
Juaneno Band Loses Tax Exempt Status; IRS claims FAILURE to File
The Juaneño Band of Mission Indians is among 20 local nonprofits whose tax-exempt status has been revoked by the IRS.
Nationwide, about 275,000 organizations automatically lost their tax-exempt status for not filing legally mandated reports for three consecutive years, despite what the IRS said was an "extensive effort" to inform organizations of the changes to federal laws.
IRS officials said they believe the vast majority of the newly revoked groups are no longer in existence and need to be removed under the Pension Protection Act of 2006. The law requires most tax-exempt organizations to file an annual information return or notice with the IRS.
Tribal Chairman Anthony Rivera said in an e-mail that the Juaneño Band of Mission Indians has been in good standing and filed all appropriate filings since 1993 and expects to eventually receive proper reinstatement.
"The tribe will file all the rest of the appropriate filing required to continue with our fundraising for tribal programs like our tribal education, youth, and elders programs," he said.
In a statement, IRS Chairman Doug Shulma said he realizes there may be some legitimate organizations, especially very small ones, that were unaware of their new filing requirement. "We are taking additional steps for these groups to maintain their tax-exempt status without jeopardizing their operations or harming their donors,” he said.
Nationwide, about 275,000 organizations automatically lost their tax-exempt status for not filing legally mandated reports for three consecutive years, despite what the IRS said was an "extensive effort" to inform organizations of the changes to federal laws.
IRS officials said they believe the vast majority of the newly revoked groups are no longer in existence and need to be removed under the Pension Protection Act of 2006. The law requires most tax-exempt organizations to file an annual information return or notice with the IRS.
Tribal Chairman Anthony Rivera said in an e-mail that the Juaneño Band of Mission Indians has been in good standing and filed all appropriate filings since 1993 and expects to eventually receive proper reinstatement.
"The tribe will file all the rest of the appropriate filing required to continue with our fundraising for tribal programs like our tribal education, youth, and elders programs," he said.
In a statement, IRS Chairman Doug Shulma said he realizes there may be some legitimate organizations, especially very small ones, that were unaware of their new filing requirement. "We are taking additional steps for these groups to maintain their tax-exempt status without jeopardizing their operations or harming their donors,” he said.
Monday, June 20, 2011
Pechanga Uses Threats of Sanctions on Their Own Tribal People for Disclosures
It's always curious which of the Pechanga Constitution and Bylaws the Pechanga Tribe chooses to enforce. Does anyone believe they will not hesitate to enforce sanctions on tribal members for passing out information? Here's is what is in the fine print of Pechanga's Meeting Notices:
All General Membership Agendas, Notices, Attachments and/or other related documents, including any documents handed
out at General Membership meetings ("Documents") are intended solely for use by the General Membership or the individual Tribal Member to whom the Documents are addressed.
These Documents are considered to contain sensitive, privileged and/or confidential tribal information and
may not be disclosed to non- Tribal Members or otherwise published, posted or disseminated. Any Tribal Member found by the Pechanga Tribal Council to have disclosed, published, posted or disseminated copies or the contents of any Documents shall be subject to sanctions pursuant to Article XIII of the Band's Constitution and Bylaws. Misuse of proprietary tribal documents by non-tribal members will be prosecuted to the fullest extent of the law . •
Pechanga's Mark Macarro-led Tribal Council is famous for overlooking constitutional provisions of the Band's Constitution. Maybe BIA Direct Amy Deutshke will follow up with her discussions on sanctions for the band, now that she knows they are so hot to trot to do that to their people.
Q: Does anyone believe HOLLAND & KNIGHT or HOLLY MACARRO or IETAN has not been in possession of documents deemed private, sensitive and confidential?
All General Membership Agendas, Notices, Attachments and/or other related documents, including any documents handed
out at General Membership meetings ("Documents") are intended solely for use by the General Membership or the individual Tribal Member to whom the Documents are addressed.
These Documents are considered to contain sensitive, privileged and/or confidential tribal information and
may not be disclosed to non- Tribal Members or otherwise published, posted or disseminated. Any Tribal Member found by the Pechanga Tribal Council to have disclosed, published, posted or disseminated copies or the contents of any Documents shall be subject to sanctions pursuant to Article XIII of the Band's Constitution and Bylaws. Misuse of proprietary tribal documents by non-tribal members will be prosecuted to the fullest extent of the law . •
Pechanga's Mark Macarro-led Tribal Council is famous for overlooking constitutional provisions of the Band's Constitution. Maybe BIA Direct Amy Deutshke will follow up with her discussions on sanctions for the band, now that she knows they are so hot to trot to do that to their people.
Q: Does anyone believe HOLLAND & KNIGHT or HOLLY MACARRO or IETAN has not been in possession of documents deemed private, sensitive and confidential?
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