"Affirming the District Court would inoculate racketeering conspiracies that infiltrate tribal governments from the force of RICO. While RICO would continue to deter individuals from conspiring to defraud federal, state, and local governments, tribal governments would be left uniquely exposed to mail fraud, wire fraud, and conspiracy. The Court should apply RICO in the face of all pretend-governmental racketeering. This Court should not create a blanket affirmative defense to civil RICO activity in Indian Country where defendants can baldly proclaim 'intra-tribal dispute' and be free from prosecution."
Natives deserve protection from Natives.....the opposition doesn't think so:
Chief Judge Dodge,
Ms. Rabang, Ms. Oshiro and the other Appellants (collectively “Rabang”) simply seek to collaterally attack Tribal Court eviction orders with which they disagree.
The District Court correctly set aside Rabang’s fantastic allegations of illegitimate actions and saw the case for what it is, dismissing all claims for lack of subject matter jurisdiction. The decision of the District Court should be affirmed.
TURTLE TALK blog has the filings
2 comments:
Indian on Indian crime is not a concern for the courts unless it infringes on the rights of citizens. You might ask, "Aren't Indians citizens too?" All to often the answer is no. If the illegal activity conforms to the Court's definition of intra-tribal affair, then it is considered interference to intercede on behalf of injured parties.
The Court is not a law enforcement agency. The Court is a forum for adjudication of legal disputes. It is law enforcement that fails Indians, especially in civil matters.
I say this loudly: Indians have no protection of their civil rights on the reservation. The decision in Santa Clara Pueblo v Martinez ruled that the ICRA has no provision for enforcement. Tribal governments can make their own laws, commit crimes against their members and do so with impunity.
These Courts should be held accountable for their in action against the Native people that are being abused by their own leaders.
They are condoning the Rico violations and are supporting the crime on Reservations by not
holding the Tribal leaders accountable.
Indians should have the same rights as any other citizen in the United States.
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