Dems call for DOJ probe of Indian tribes By Kevin Bogardus - May 04,
2009 A civil rights controversy surrounding several Indian tribes
could pit President Obama against some of Capitol Hill's most prominent
liberals and black lawmakers.
Reps. Barney Frank (D-Mass.), John Conyers Jr. (D-Mich.), John Lewis
(D-Ga.) and others asked Attorney General Eric Holder in a letter dated
last Thursday
<http://thehill. com/leading- the-news/ images/stories/ news/2009/ may/letter\
--att%20gen% 20holder- 4-30-09.pdf> to initiate a "full-scale
investigation" of five Indian tribes for allegedly abusing the rights of
the Freedmen: African-Americans descended from freed slaves once owned
by Indians. (That's not true!!!!! The freedmen were once owned by
whites!) Also signing onto the letter were other senior lawmakers
from the Congressional Black Caucus (CBC), including Reps. Diane Watson
(D-Calif.), Shelia Jackson Lee (D-Texas) and Barbara Lee (D-Calif.), the
caucus's chairwoman.
"Over forty years after enactment of the landmark Civil Rights and
Voting Rights Acts, there is a place in the United States that African
Americans cannot vote or receive federal benefits as a matter of law,"
the letter states. "The victims of this racial oppression are known as
freedmen, who are descendants of African slaves owned by Indians. They
are called freedmen, but they are anything but free."
The call for an aggressive investigation of the tribes by Congress could
force Obama to contradict a position he took on the campaign trail last
year.
In the spring of 2008, the then-Illinois senator helped solidify his
Native American support by arguing against Washington intervening in a
dispute involving a group of Freedmen and the leaders of the Cherokee
Nation. The Freedmen had been expelled from the tribe after it amended
its constitution in March 2007.
The CBC had begun targeting the Cherokee for that decision, pushing
legislation to cut off public housing funding for the tribe.
Instead, Obama advocated for the matter to be adjudicated through the
courts, not Congress, though he said he felt the Cherokee were wrong to
banish the Freedmen from their ranks. That won praise from several
Native American leaders, many of whom said they would have reconsidered
their endorsements of the candidate if he sided with the CBC.
Lawmakers in Washington were not pleased, though. Watson criticized
Obama for his position in an op-ed in The Hill in May 2008, saying the
senator did not have "a clear understanding of the issue."
Now, as president, Obama most likely will have to weigh in again via his
administration. A court filing by the Interior Department just days
after his inauguration has already sought to dismiss several of the
Freedmen's claims against the Cherokee in particular.
But the Freedmen have their own advocates among the lawmakers on Capitol
Hill, whose letter the Justice Department has received.
"We will review the letter to determine what action, if any, is
appropriate, " said Alejandro Miyar, a Justice Department spokesman.
Reacting to the letter, representatives for the tribes said they have
followed the law and have not abused the rights of anyone.
"You have to have Creek blood to be a citizen of our nation. We do have
a lot of black people who are members," said Chief A.B. Ellis of the
Muscogee (Creek) Nation.
"This letter shows that, when it comes to the Cherokee Nation, its
signatories do not care about the facts or what's happening in the
federal courts. As the Cherokee Nation has explained to more than 100
members of Congress through meetings, this issue has never been about
race but only about who is a citizen of an Indian nation," said Mike
Miller, a spokesman for the Cherokee.
Bill Anoatubby, governor of the Chickasaw Nation, also said his tribe
had not discriminated against anyone. "We have a firm commitment to
diversity and an intense aversion to discrimination in any form. We will
not waver in upholding our responsibility to preserve and defend the
rights of all our citizens," Anoatubby said.
The lawmakers asked for an investigation into a group of tribes - known
as the Five Civilized Tribes - that had good relations with settlers
during colonial times but were forcibly relocated to Oklahoma.
Originally, the CBC had concentrated only on the Cherokee, since they
recently amended their constitution to exclude the Freedmen. A court
order has given the Freedmen temporary Cherokee citizenship as the
dispute weaves its way through the federal courts.
At issue is how the rights of the Freedmen - estimated to number
100,000 to 150,000 among the five tribes - should be treated by Indian
leaders.
The lawmakers have argued several tribes signed treaties with the
federal government after the Civil War that would afford citizenship
rights to the freed slaves. They would be treated as full members,
earning the applicable benefits and being allowed to vote in tribal
elections.
But Indian leaders have disagreed. Several have held elections to
change their tribal constitutions to exclude the Freedmen. They believe
any action from Washington would interfere with their tribal sovereignty
and thus would be unjust.
Black lawmakers found a powerful ally outside their caucus in Frank,
the House Financial Services Committee chairman, who in the past has
supported measures to remove federal funding for the Cherokee. The
Massachusetts Democrat wrote his own letter to Holder
<http://thehill. com/leading- the-news/ images/stories/ news/2009/ may/letter\
%20from%20barney% 20frank%20to% 20eric%20holder. pdf> , dated April 15,
asking him to investigate the controversy surrounding the Freedmen.
"An investigation into the ongoing actions by these tribes to
systemically disenfranchise Freedman citizens is particularly warranted
given the existence of these treaties and the significant amount of
taxpayer money that is distributed annually to these tribes for
healthcare, housing, education and infrastructure, " Frank wrote.
According to his letter, Frank has been in discussions with Charles
Ogletree, a professor at Harvard Law School, who has similar views on
the Freedmen dispute. Ogletree met with Holder on Monday, at which time
he was expected to push the attorney general to investigate the
allegations against the Indian tribes.
Ogletree is not just a respected law professor, though. He was rumored
to be picked for a Justice Department post once Obama was elected. The
professor is also considered a mentor to the president and taught both
Obama and the first lady at Harvard Law.
http://thehill. com/leading- the-news/ dems-call- for-doj-probe- of--indian- t\
ribes-2009-05- 04.html
<http://thehill. com/leading- the-news/ dems-call- for-doj-probe- of--indian- \
tribes-2009- 05-04.html> ----- Reps will ask Justice not to
investigate Indian tribes By Kevin Bogardus - May 05, 2009 House
members from Oklahoma will call upon the Justice Department not to
investigate several Native American tribes for alleged mistreatment of
the Freedmen - descendants of freed slaves once owned by Indians.
The planned request, announced Tuesday by Reps. Dan Boren (D-Okla.) and
Tom Cole (R-Okla.), comes a day after The Hill reported on an April 30
letter signed by several prominent liberals on Capitol Hill, such as
Reps. Barney Frank (D-Mass.), John Conyers (D-Mich.) and Barbara Lee
(D-Calif.), that asked Attorney General Eric Holder to began a
full-scale investigation into the tribes for alleged civil rights abuses
against the Freedmen. "In the 110th Congress, there was an
understanding reached to allow the current judicial proceeding to be
completed, with regard to the Cherokee Freedman, before Congressional
action was taken. This letter to Attorney General Holder is an affront
to tribal sovereignty. Tribes across the U.S. should be deeply concerned
by this kind of reckless action. I am calling on tribal nations across
the U.S. to stand up against this attack on self-governance. Congressman
Tom Cole and I plan to send a letter to the Attorney General urging him
to honor President Obama's earlier stated position on this issue," Boren
said in a statement.
Boren, in particular, has been a resolute defender of the Cherokee
Nation. Lawmakers criticized the Oklahoma-based Indian tribe for
amending its constitution in March 2007 to exclude the Freedmen.
Last Congress, the Oklahoma Democrat amended a measure by Rep. Mel Watt
(D-N.C.) that would have barred public housing funding for the Cherokee.
Boren added language that postpones the funding ban until the federal
courts rule on the Freedmen's Cherokee citizenship. Both chambers in
Congress came to a similar agreement when they passed housing
legislation last year.
During the presidential campaign, Obama said Washington should not
intervene in the matter and let the courts decide the dispute between
the Freedmen and the Cherokee. That elated Native American leaders but
angered lawmakers in Congress.
The Cherokee, along with four other tribes, were targeted by the
lawmakers for investigation in their letter to Holder because of their
alleged mistreatment of the Freedmen.
http://thehill. com/leading- the-news/ oklahoma- reps-will- ask-justice- not-t\
o-investigate- indian-tribes- 2009-05-05. html
<http://thehill. com/leading- the-news/ oklahoma- reps-will- ask-justice- not-\
to-investigate- indian-tribes- 2009-05-05. html> ----- Please let the
CBC know to keep their nose out of it: (CBC) Congressional Black Caucus:
www.house.gov/ kilpatrick/ cbc/member_ info.html
<http://www.house. gov/kilpatrick/ cbc/member_ info.html> . Then
please offer your support to Reps Dan Boren & Tom Cole: Representative
Dan Boren: www.house.gov/ boren/contact. shtml
<http://www.house. gov/boren/ contact.shtml> . Representative Tom Cole:
www.cole.house. gov/contact- tom.html