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
Sovereign Immunity Conceals Egregious Civil and Human Rights Abuses
Stripping Your Own People of Their Rights Is an Atrocity That Must Be EXPOSED and Stopped.
TAKE A STAND and Make Your Voice Heard.
Monday, October 29, 2018
Thursday, October 25, 2018
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
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
Wednesday, October 24, 2018
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...
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...
Tuesday, October 23, 2018
Kenneth Hansen: BIA Stifling Tribal Self-Determination, Leads To Disenrollment
Kenneth Hansen Ph.D |
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.
Monday, October 22, 2018
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
ALLEN LAWSON, White Descendant, WILL BE OUT as San Pasqual Tribal Chairman
Descended from FRANK TRASK, white man who benefitted from BIA's abuse of Native Americans of the San Pasqual reservation will NOT be on the ballot for the upcoming January election.
Thursday, October 18, 2018
ALASKA FEDERATION of NATIVES Has Resolution OPPOSING BIA's Ending of CDIB PROGRAM Ready for VOTE
Good News coming from Alaska: There will be a vote to oppose the termination of BIA's degree of Indian Blood program the NCAI also came out against after Emilio Reyes has brought these issues to light
The Alaska Federation of Natives (AFN) is pleased to share the 2018 Draft Convention Resolutions that will be considered by AFN delegates on Saturday, October 20th at the Dena’ina Center.
Each year, members of the Alaska Federation of Natives (AFN) submit proposed resolutions, which are reviewed by AFN’s Resolutions Committee and the AFN board of directors, and then introduced for consideration at AFN’s annual Convention.
Draft Resolution 18-23
A RESOLUTION OPPOSING THE TERMINATION, AND SUPPORTING CONTINUATION, OF THE BUREAU OF INDIAN AFFAIRS’ CERTIFICATE OF DEGREE OF INDIAN BLOOD PROGRAM
5,000 Natives voting on the issue...
Wednesday, October 17, 2018
NCAI Takes A STAND on BIA's CDIB FOIBLES & Failures
Looks like the NCAI has found a spine on the Certified Degree of Indian Blood issue we've discussed before, when rising indigenous activist Emilio Reyes brought it to our attention...and we published this story from noted Native Rights Attorney Gabriel Galanda BIA's BLOOD TROUBLE
They are asking for a consultation, check that A MEANINGFUL CONSULTATION on the ramifications of the decision to drop the practice of issuing CDIB as manadated by law...They've screwed it up many times, including using Mexican Indians for some tribal affiliations and allowing the PAPER GENOCIDE via tribal disenrollment.
GOOD on the NCAI, now get into the #STOPDISENROLLMENT fight..
They are asking for a consultation, check that A MEANINGFUL CONSULTATION on the ramifications of the decision to drop the practice of issuing CDIB as manadated by law...They've screwed it up many times, including using Mexican Indians for some tribal affiliations and allowing the PAPER GENOCIDE via tribal disenrollment.
GOOD on the NCAI, now get into the #STOPDISENROLLMENT fight..
UNLEASHING WHITE STUPIDITY: Fallout from Elizabeth Warren's DNA Debacle is Lindsey Graham's Disrespect of Native Americans
Just when you think it can't get worse than Elizabeth Warren's shameful attempt to exploit Native Americans, while doing NOTHING to help, we get this:
Senator Lindsey Graham (R-South Carolina) has weighed in the Senator Elizabeth Warren’s DNA test results that showed she has "native American ancestry"
On Tuesday morning, he showed up on “Fox and Friends,” to say he would take his own DNA test and would “beat” Warren in having more American Indian ancestry. OP: The new parlor game: How much Indian am I?"
“I’ve been told that my grandmother was part Cherokee Indian,” Graham said. “It may all be just talk, but you’re going to find out in a couple of weeks because I’m going to take this test. … I’m taking it, and the results are going to be revealed here. This is my Trump moment. This is reality TV.”
FOX ASKED GRAHAM IF HE TOO WOULD ASK FOR $1 MILLION IF HE “BEAT” WARREN IN A DNA TEST, AND GRAHAM RESPONDED, “NO, I WANT A CASINO AND A MILLION BUCKS.”
Graham thinks all American Indians have casinos? He can't be this stupid, and he's not. He's simply being disrespectful to an entire culture across the Americas, dismissing us as worthless.
Maybe his staff will start doing the tomahawk chop??
Senator Lindsey Graham (R-South Carolina) has weighed in the Senator Elizabeth Warren’s DNA test results that showed she has "native American ancestry"
Acting like GOMER PYLE Shazam, the stupidity |
On Tuesday morning, he showed up on “Fox and Friends,” to say he would take his own DNA test and would “beat” Warren in having more American Indian ancestry. OP: The new parlor game: How much Indian am I?"
“I’ve been told that my grandmother was part Cherokee Indian,” Graham said. “It may all be just talk, but you’re going to find out in a couple of weeks because I’m going to take this test. … I’m taking it, and the results are going to be revealed here. This is my Trump moment. This is reality TV.”
FOX ASKED GRAHAM IF HE TOO WOULD ASK FOR $1 MILLION IF HE “BEAT” WARREN IN A DNA TEST, AND GRAHAM RESPONDED, “NO, I WANT A CASINO AND A MILLION BUCKS.”
Graham thinks all American Indians have casinos? He can't be this stupid, and he's not. He's simply being disrespectful to an entire culture across the Americas, dismissing us as worthless.
Maybe his staff will start doing the tomahawk chop??
Tuesday, October 16, 2018
11,000 Disenrolled REAL INDIANS Get No Media, FAKE ELIZABETH WARREN Get SUPPORT from LIBERAL MEDIA
There are over 11,000 Native Americans whose citizenship has been stripped by their tribes, with little exposure from the mainstream media. It's dismaying to many of us who have been on the front lines of the fight, to see a FAKE Native American Senator, get so much media attention for her cultural appropriation. GIVE Tribal DISENROLLMENT the attention MEDIA, NOT a FAKE INDIAN.
As my friend Michelle Hammock wrote about the disenrolled:
We have the blood, we have the named ancestors on government rolls and censuses, we have kinship, friendships, hands on, involved-ness, etc. But what disenrollees don't have, is an honest tribal government to protect their identities, their status, their homes, their ancestral rights to be who and what they are.
As my friend Michelle Hammock wrote about the disenrolled:
We have the blood, we have the named ancestors on government rolls and censuses, we have kinship, friendships, hands on, involved-ness, etc. But what disenrollees don't have, is an honest tribal government to protect their identities, their status, their homes, their ancestral rights to be who and what they are.
Elizabeth Warren of Massachussetts: WANNABE in CHIEF BECLOWNS HERSELF MORE.
Cherokee Nation SECRETARY OF STATE issued a statement on Warren's claims here
Cherokee genealogist TWILA BARNES' statement on PHONY Elizabeth Warren, Democrat Senator from Massachussetts sums it up nicely
If you missed the documentation of Elizabeth Warren's FALSE family claims to CHEROKEE ancestry that Twila did it's on her blog THOUGHTS FROM POLLY's GRANDDAUGHTER in six parts representing many weeks of research...
Sunday, October 7, 2018
Indianz.com EXPOSES SEXUAL HARRASSMENT at the NCAI SHAMEFUL
John Dossett Photo from: NCAI |
(h/t to Johnnie Jae for pointing me here)
You're a pretty young Native woman, beware
Women come forward at National Congress of American Indians
An Investigation by Kevin Abourezk and Acee Agoyo
The highest-ranking attorney at the National Congress of American Indians has been reassigned in the wake of sexual harassment allegations, an investigation by Indianz.Com has found.
John Dossett has been employed by the nation’s oldest and largest inter-tribal organization since 1995. And up until last month, he was serving as general counsel, NCAI’s senior-most legal position and one with widespread influence in Indian Country, from policy matters in the executive branch and legislation on Capitol Hill to high-profile U.S. Supreme Court cases.
Expressing Your MORAL OUTRAGE at Sovereign Tribes That Harm Their People. Pechanga Practices Apartheid on their Reservation
As we keep hearing more tribes are in the "disenrolllment business" I think this post is one that needs to be put up on my blog often. I posted this way back in June 2007 and it still does apply, and we need more emphasis on shining a spotlight on the corrupt tribal leadership. Now the Nooksack Tribe in Washington State and The Grand Ronde in Oregon need to know that what they are doing is NOT RIGHT.
I hope from what you read here, you do NOT get the impression that we are against tribal gaming. That is not true. The links tell the story of what's happening at Pechanga, Snoqualmie in Washington State and other reservations like Chukchansi and Pala. Feel free to comment, they are open.
Tribal gaming has helped many tribes in CA, come out of poverty, Pechanga included. Many of the Pechanga people are uneducated and I remember they were so excited when they qualified for a Target credit card. Unfortunately, with success, greed soon follows. Instead of helping all their people, including those they placed in a moratorium hold, who rightfully belonged to the tribe they looked at who they could get rid of to increase their per capita. And, unfortunately, the money hasn't made everyone happy.
But the facts are clear, most tribes have not treated their people as abominably as Pechanga, Redding Rancheria, Picayune Rancheria, Snoqualmie and others have treated their people. In fact it's more like Tribal Terrorism
Reconciling MORAL OUTRAGE at Pechanga Tribe with Self Determination
Here is an excellent article by Sheryl Lightfoot about how to support sovereignty issues, while not supporting the actions when they are morally repugnant, such as Pechanga's disenrollment of 25% of their tribe in order to enrich the remaining members.
Sheryl Lightfoot Article
In order to be sovereign nations, we must act like sovereign nations. But that does not mean that in order to support self-determination in principle, we need to agree with every decision of other sovereign nations. Nation-states in the international system do not always agree with the internal actions of other nation-states, yet they nearly always accept the principle of the equal sovereignty of all nation-states within the international system (with certain notable exceptions like the Iraq invasion or humanitarian interventions). When a nation-state, a group of nation-states, or private citizens of other nation-states disagree with the internal actions of another nation-state, there are a number of possible avenues of action.
First, sovereign nation-states can register a diplomatic complaint with the government of the offending nation-state. This is done all the time in the international system. The U.S. Department of State often drafts and delivers letters of protest to the diplomats and officials of other governments over areas of disagreement. Likewise, the executives of our indigenous nations have the right, if not the moral responsibility, to send letters and make phone calls of complaint directly to the executives of the Cherokee Nation, expressing their concern over the disenrollment decision. This can be done while supporting the inherent right of an indigenous nation to determine its own membership.
Another tactic which can be employed by other indigenous nations or the private citizens of other nations is the art of moral persuasion, or ''moral suasion,'' as it has also been termed. This involves a campaign of exposure and embarrassment. (OP: This is what we've been pursuing for 9 years now)
This tactic has most often been employed in international human rights campaigns, with the purpose being to expose the immoral government action in the media and open up international discussion in order to embarrass the target government into changing its policy to better conform to international norms.
This was done in the early days of the campaign against apartheid in South Africa and has been used often by groups like Amnesty International to urge governments to stop human rights abuses. OP: Now, tribes like Pechanga practice APARTHEID on their reservations, not allowing disenrolled Pechanga people the right to use reservation facilities.
My view is this:
As mentioned on other sites, tribal sovereignty is something that should be nurtured and cherished and not dishonored by tribe who wield sovereignty like a club.. Many now believe that the Pechanga Band of Luiseno Mission Indians from Temecula, CA will be responsible for the quick erosion of sovereignty, that tribes have fought for for centuries. The question was asked, "what could be done?".
Frankly, economic sanctions of another nation, plus public embarrassment may be the only course of action that is effective. For instance, in South Africa, it was their SOVEREIGN RIGHT as a free nation to impose apartheid on their country, yet, thankfully, at the urging of the Congressional Black Caucus, we stood up for black South Africans.
What recourse did civilized countries use to bring down this hateful policy? Economic sanctions and world ridicule of the policy. No trade, no travel, no money. Final result, end of apartheid and a welcome back to South Africa into the world community.
Similarly, citizens of the United States can impose their own economic sanctions on the Tribal Nation of Pechanga by boycotting their nation's commercial enterprises, primarily TRIBAL CASINOS.
Stop patronizing their casinos, hotel, restaurants and their powwows. Let them know that we do not agree with their system of denying civil rights to their people and until they follow their own tribal law, citizens of our country will NOT support their nation, but will patronize (OP: In other words, support tribal gaming elsewhere) their competitor nations.
Also, letting state and federal representatives know that we expect them not to support a nation that would treat its citizens this way, especially NOT to allow them increased monetary benefits by expanding their casino slot machines. OP: BIA? HELLO? ANYONE THERE? Kevin Washburn, your righteousness is calling, it misses you.
Readers, there are 250 members of the band that were disenrolled and 400 people who are caught in Pechanga's illegal moratorium (illegal in that SOVEREIGN nation, against the sovereign nation of Pechanga's own constitution) Pechanga and its chairman, Mark Macarro deserves no benefit from violations of their laws and against citizens of the United States. Chukchansi has exterminated 70% of it's tribe, Redding 25%. Elders and children abused by unconstitutional acts under the BIA's watchful eye. Now since this first writing in 2007, more tribes have abused their people: Pala, Nooksack, Grand Ronde. WHY? Because they know they can get away with it...
Please ask your friends to read our blog and share it on social media and friends
repost from 2013
I hope from what you read here, you do NOT get the impression that we are against tribal gaming. That is not true. The links tell the story of what's happening at Pechanga, Snoqualmie in Washington State and other reservations like Chukchansi and Pala. Feel free to comment, they are open.
Tribal gaming has helped many tribes in CA, come out of poverty, Pechanga included. Many of the Pechanga people are uneducated and I remember they were so excited when they qualified for a Target credit card. Unfortunately, with success, greed soon follows. Instead of helping all their people, including those they placed in a moratorium hold, who rightfully belonged to the tribe they looked at who they could get rid of to increase their per capita. And, unfortunately, the money hasn't made everyone happy.
But the facts are clear, most tribes have not treated their people as abominably as Pechanga, Redding Rancheria, Picayune Rancheria, Snoqualmie and others have treated their people. In fact it's more like Tribal Terrorism
Reconciling MORAL OUTRAGE at Pechanga Tribe with Self Determination
Here is an excellent article by Sheryl Lightfoot about how to support sovereignty issues, while not supporting the actions when they are morally repugnant, such as Pechanga's disenrollment of 25% of their tribe in order to enrich the remaining members.
Sheryl Lightfoot Article
In order to be sovereign nations, we must act like sovereign nations. But that does not mean that in order to support self-determination in principle, we need to agree with every decision of other sovereign nations. Nation-states in the international system do not always agree with the internal actions of other nation-states, yet they nearly always accept the principle of the equal sovereignty of all nation-states within the international system (with certain notable exceptions like the Iraq invasion or humanitarian interventions). When a nation-state, a group of nation-states, or private citizens of other nation-states disagree with the internal actions of another nation-state, there are a number of possible avenues of action.
First, sovereign nation-states can register a diplomatic complaint with the government of the offending nation-state. This is done all the time in the international system. The U.S. Department of State often drafts and delivers letters of protest to the diplomats and officials of other governments over areas of disagreement. Likewise, the executives of our indigenous nations have the right, if not the moral responsibility, to send letters and make phone calls of complaint directly to the executives of the Cherokee Nation, expressing their concern over the disenrollment decision. This can be done while supporting the inherent right of an indigenous nation to determine its own membership.
Another tactic which can be employed by other indigenous nations or the private citizens of other nations is the art of moral persuasion, or ''moral suasion,'' as it has also been termed. This involves a campaign of exposure and embarrassment. (OP: This is what we've been pursuing for 9 years now)
This tactic has most often been employed in international human rights campaigns, with the purpose being to expose the immoral government action in the media and open up international discussion in order to embarrass the target government into changing its policy to better conform to international norms.
This was done in the early days of the campaign against apartheid in South Africa and has been used often by groups like Amnesty International to urge governments to stop human rights abuses. OP: Now, tribes like Pechanga practice APARTHEID on their reservations, not allowing disenrolled Pechanga people the right to use reservation facilities.
My view is this:
As mentioned on other sites, tribal sovereignty is something that should be nurtured and cherished and not dishonored by tribe who wield sovereignty like a club.. Many now believe that the Pechanga Band of Luiseno Mission Indians from Temecula, CA will be responsible for the quick erosion of sovereignty, that tribes have fought for for centuries. The question was asked, "what could be done?".
Frankly, economic sanctions of another nation, plus public embarrassment may be the only course of action that is effective. For instance, in South Africa, it was their SOVEREIGN RIGHT as a free nation to impose apartheid on their country, yet, thankfully, at the urging of the Congressional Black Caucus, we stood up for black South Africans.
What recourse did civilized countries use to bring down this hateful policy? Economic sanctions and world ridicule of the policy. No trade, no travel, no money. Final result, end of apartheid and a welcome back to South Africa into the world community.
Similarly, citizens of the United States can impose their own economic sanctions on the Tribal Nation of Pechanga by boycotting their nation's commercial enterprises, primarily TRIBAL CASINOS.
Stop patronizing their casinos, hotel, restaurants and their powwows. Let them know that we do not agree with their system of denying civil rights to their people and until they follow their own tribal law, citizens of our country will NOT support their nation, but will patronize (OP: In other words, support tribal gaming elsewhere) their competitor nations.
Also, letting state and federal representatives know that we expect them not to support a nation that would treat its citizens this way, especially NOT to allow them increased monetary benefits by expanding their casino slot machines. OP: BIA? HELLO? ANYONE THERE? Kevin Washburn, your righteousness is calling, it misses you.
Readers, there are 250 members of the band that were disenrolled and 400 people who are caught in Pechanga's illegal moratorium (illegal in that SOVEREIGN nation, against the sovereign nation of Pechanga's own constitution) Pechanga and its chairman, Mark Macarro deserves no benefit from violations of their laws and against citizens of the United States. Chukchansi has exterminated 70% of it's tribe, Redding 25%. Elders and children abused by unconstitutional acts under the BIA's watchful eye. Now since this first writing in 2007, more tribes have abused their people: Pala, Nooksack, Grand Ronde. WHY? Because they know they can get away with it...
Please ask your friends to read our blog and share it on social media and friends
repost from 2013
Saturday, October 6, 2018
Repost: Disenrollment is a BAD BUSINESS decision
Attorney Jared Miller has some thought on disenrollment. Sovereign status comes with sovereign responsibility If you are following efforts by the Nooksack tribal government to purge 306 members from its rolls, you probably hold one of two views on the matter.
You may believe tribal disenrollment is patently unjust and requires some kind of federal or international intervention on behalf of the “Nooksack 306.” Or you may feel that disenrollment is solely a matter for the Nooksack Tribe to sort out, and non-tribal authorities should stay out of it.
Allow me to propose a third possibility.
Disenrollment is a business matter. That’s because tribal governments abandoning members en masse will harm their own bottom line by engendering negative media and investor perceptions. More critically, they threaten the bottom line of Indian businesses everywhere. As such, Indian people and tribal governments across the country have an interest in seeing that ugly disenrollment fights like the one on the Nooksack Reservation in Washington State do not happen. They should act to protect that interest.
Nooksack tribal officials endeavor to end forever the affiliation of 306 members. Disenrollment by the tribe could mean loss of benefits like housing, healthcare and education. Even more painful, according to some Nooksack members facing disenrollment, termination of tribal membership means a heart-rending loss of formal contact with their community and their culture.
As expected, the Nooksack 306 are fighting hard in courts and elsewhere to maintain tribal connections, and to secure rights to all the tangibles and intangibles that emanate from their identities as tribal people. Lawsuits are pending in tribal court and tribal appellate court, as well as federal court. The battle is a public one. Local reporters have been on the story for some time. On August 25, the Seattle Times waded into the fray with a piece detailing the saga. Even more recently, Al-Jazeera introduced its growing audience to the story. Suddenly, what was essentially a family fight has become a very public airing of Nooksack dirty laundry.
Reporters have focused on a couple of angles. Some highlight accusations that greed, corruption, and racism aimed at tribal members with Filipino ancestry are driving disenrollment efforts. Others report that Nooksack officials may have ignored their own laws by failing to provide due process throughout the disenrollment process. All the coverage paints an unflattering picture. Similar stories are trending across Indian country. According to Stephen L. Pevar’s book, The Rights of Indians and Tribes, “thousands of tribal members have been disenrolled from their tribes, usually from those with profitable casinos whose remaining members would then receive a larger share of the profits.” Another noted Native American professor has called the disenrollment era a “sort of tribal civil war.” So what can be done? Predictions about the disenrollment trend are bleak. For example, University of Minnesota Professor David E. Wilkins, in a June 4, 2013 column for Indian Country Today Media Network, predicted that “native disenrollments will continue unabated” until either Congress or the U.S. Supreme Court intervene. His column suggests potential avenues of short-term redress for individuals facing disenrollment, but Professor Wilkins seems to assert that only federal authorities can provide comprehensive relief.
Let’s hope he’s wrong. For one thing, enrollment (or disenrollment) is a matter for tribes to decide. It is rarely advisable for outsiders to intervene in tribal infighting, and federal law is clear that non-Indian courts generally have no jurisdiction in matters of tribal membership (save for habeas corpus or a collateral federal question). Inviting Congress or the Roberts Court to intervene should send shivers up your spine.
Moreover, there is reason for optimism. Tribal governments have shown a stunning talent for pragmatism and savvy in matters of tribal business and finance. Walk into most any Indian-owned casino and you’ll experience a level of professionalism and service that scoffers never predicted, to cite just one example.
And let’s be clear: Disenrollment is a business issue. Ugly battles like the one at Nooksack have potential to deeply affect tribes’ bottom lines. That’s partly because non-Indians may view such controversies as indicators of greed and corruption. Investors may also conclude that partnering with a tribal government engaged in abandoning its own citizens is not worth the risk to investment. And non-Indians viewing disenrollment through the lens of old stereotypes may extrapolate those notions to tribes generally. It shouldn’t happen, but it does. There is a price attached to everything. Tribes mulling disenrollment need to focus on the cost to business. They must consider that disenrollment can spook investors, and the negative financial impacts can be long term, widespread and devastating. (Just Google “Nooksack disenrollment” to see what potential business partners will read when they research the Nooksack Tribe.) Native American leaders should pause to understand that a tribe going to war with itself drives down the stock price of all of Indian country.
In addition to financial interests, there is a real risk that Congress or the U.S. Supreme Court might one day make new law in the area of tribal citizenship. We just saw the Court diminish Indian child welfare law and tribal cultural identity in the “Baby Veronica” case. Now imagine how the Roberts Court might undermine tribal citizenship if given the chance. For these reasons, tribal governments and tribal officials should employ the forces of regional and national intertribal politics to pressure officials pursuing disenrollment. It is time to pick up the phone, or the pen, or write an email. Get creative. Too much is at stake to remain silent.
Pressure on the Nooksack government should begin now. Journalists and potential Indian-country investors are closely watching this fight, and they will take note as it unfolds. It would go a long way to shape media and investor perceptions of tribal governments if the Nooksack government could wake up to the big picture and resolve its problems without throwing hundreds of members off the rolls. But no matter where you stand on the Nooksack fight, putting an end to disenrollment is critical for the bottom line in Indian country. Read more at http://indiancountrytodaymedianetwork.com/2013/09/28/disenrollment-bad-bottom-line
Friday, October 5, 2018
Interview with Rising Indigenous Activist Emilio Reyes OnTribal Disenrollment
We are headed for vacation and will be away for a week, In case you missed this 2015 interview with Emilio Reyes, who has done some excellent work in our archives in support of San Pasqual and he has found critical evidence on Pechanga and Pala. This was research for a university project that many of us are involved with.
Kill the Indian save the man has now become disenroll us and make us disappear” – Emilio Reyes
Interview with Native American Activist Emilio Reyes
Interview Questions from Dayna Barrios Research on Disenrollment among
Native Nations in Central and Northern California
1. What are your thoughts on current tribal membership criteria for Native Nations in California?
In 1978 the Supreme Court ruled that the federal government played no enforcement role over tribal governments in the case of Santa Clara Pueblo v Martinez. Therefore existing tribes can create a membership criteria to determine eligibility based on their tribe’s constitutions. Some tribes do implement the United States constitution to their tribal’s constitution. In some cases, tribes require to be a certain Indian blood degree, while others don’t have a blood degree requirement and some tribes as long as you can proof you are a direct descent from their base roll, you would be eligible for membership of the tribe. Since blood quantum or Indian blood degree was created by the American federal government to help individuals, assimilate and to qualify for federal services, it shouldn’t be used in any tribe’s constitution. My way of thinking is based in ancestry. Blood quantum is a white way to make you and your descendants disappear. Being 1/16 or 1/32 will not make you less Indian or less descendant. Anyone should be eligible for tribal membership as long as the individual can proof their genealogy to the tribe’s base roll as long as the base roll is reasonable and acceptable by its members.
2. What kind of experiences have you had with disenrollment?
Thursday, October 4, 2018
Gabe Galanda: The BIA's BLOOD TROUBLE
Native American Justice Warrior, Attorney Gabriel Galanda gets to the heart of the Bureau of Indian Affairs recent decision to end issuance of CDIB. The BIA has made some EGREGIOUS mistakes on INDIAN BLOOD
As Gabe mentioned on his twitter: "I have no doubt that if the BIA carries out its proposed plan to cease issuing CDIBs, many more Indians will be disenrolled and internecine warfare will destroy many more tribal communities."
As Gabe mentioned on his twitter: "I have no doubt that if the BIA carries out its proposed plan to cease issuing CDIBs, many more Indians will be disenrolled and internecine warfare will destroy many more tribal communities."
First, we never defined ourselves according to blood degree until the U.S. foisted that racial formation/fiction upon in the late 1800s and most notably via the IRA in 1934. The BIA should not get it twisted in suggesting that the acts of defining Indian blood or issuing certificates of any kind were traditionally any aspect of tribal sovereignty.
Although some tribes have “638’d” the issuance of CDIBs, as the letter alludes, if a practice wasn’t indigenous to us, it’s disingenuous to dub it an act of “self-determination” today. It is instead an act of delegated federal/colonial power. Disenrollment is another example of this dynamic. OP: Disenrollment is the stripping of tribal citizenship practiced by many casino tribes (Pala, Pechanga, Redding, Nooksack)
Second, as Paul Spruhan has explained in his seminal scholarship on CDIBs, the BIA has been issuing CDIBs since the 1930s, albeit without any Congressional authority to do so. Rising indigenous activist Emilio Reyes has uncovered the BIA’s current CDIB “policy.” READ FULL ARTICLE HERE
Can't Support An Elizabeth Warren Presidency While She Appropriates Cherokee Identity
A very complete detailing here by Rebecca Nagle (Cherokee) of WHY cultural appropriating Sen. Elizabeth Warren shouldn't have Native American support for her Presidential run.
Some reports say that Warren is 1/32 Native American through her great-great-great-grandmother, who was described as Cherokee on her marriage license application. But the original application and marriage license have never been found to corroborate this story told in Warren’s family.
Her family history is not a mystery; her genealogy has been traced back to before the Trail of Tears to Revolutionary America, and no evidence of Native ancestry has been found. Her family is completely absent from over 45 records and rolls of Cherokee people from 1817 to 1914. In the same period, before Cherokees were citizens, her relatives appear in multiple U.S. censuses as white. OP:Twila Barnes did a masterful job on Warren's genealogy
Read the FULL STORY HERE
Monday, October 1, 2018
Cathy Cory: WHO to AVOID VOTING FOR at Picayune Rancheria of Chukchansi Indians
Chukchansi warrior Cathy Cory goes into the Lion's Den again with her view of who to vote AGAINST in the upcoming Oct. 6th elections at the Picayune Rancheria of Chukchansi Indians.
My opinion of who ABSOLUTELY NOT to vote for PRCI tribal council! electing ANY of these candidates may see your own Chukchansi kin dismembered through disenrollment, and/or more of the status quo or lack of leadership placing picayune where it is today--which is definitely not on a good path forward for all Chukchansi people, but toward further destruction of the tribe:
DUSTIN GRAHAM (prior prci council)
STEVEN MCDONALD
LYNETTE MCCOMBS
DORA JONES (prior prci council)
MORRIS REID (prior prci council)
PATRICK HAMMOND (prior/current prci council prior enrollment committee chair)
DOMINIQUE CARRILLO
TINA JONES
LAURIE LAWHON
IRENE WALTZ (prior prci council)
VOTE for these people at your own risk. Why bring CORRUPTION back?
Cathy Cory Dismembered from Chukchansi |
My opinion of who ABSOLUTELY NOT to vote for PRCI tribal council! electing ANY of these candidates may see your own Chukchansi kin dismembered through disenrollment, and/or more of the status quo or lack of leadership placing picayune where it is today--which is definitely not on a good path forward for all Chukchansi people, but toward further destruction of the tribe:
DUSTIN GRAHAM (prior prci council)
STEVEN MCDONALD
LYNETTE MCCOMBS
DORA JONES (prior prci council)
MORRIS REID (prior prci council)
PATRICK HAMMOND (prior/current prci council prior enrollment committee chair)
DOMINIQUE CARRILLO
TINA JONES
LAURIE LAWHON
IRENE WALTZ (prior prci council)
VOTE for these people at your own risk. Why bring CORRUPTION back?
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