http://www.cherokeephoenix.orgSeveral Cherokee Freedmen gather for the Dec. 11 Rules Committee meeting in the Tribal Complex in Tahlequah, Oklahoma. In the meeting the Tribal Council indefinitely tabled legislation to appeal a federal ruling that gives Freedmen tribal citizenship rights. BRANDON SCOTT/CHEROKEE PHOENIX
Several Cherokee Freedmen gather for the Dec. 11 Rules Committee meeting in the Tribal Complex in Tahlequah, Oklahoma. In the meeting the Tribal Council indefinitely tabled legislation to appeal a federal ruling that gives Freedmen tribal citizenship rights. BRANDON SCOTT/CHEROKEE PHOENIX

Freedmen legislation tabled indefinitely, suit filed

Tribal Councilors Mike Shambaugh, left, and Bryan Warner talk to fellow legislator David Walkingstick on Dec. 11 about his legislation that called for a vote on whether to appeal a court ruling that gives Cherokee Freedmen tribal citizenship rights. BRANDON SCOTT/CHEROKEE PHOENIX
Tribal Councilors Mike Shambaugh, left, and Bryan Warner talk to fellow legislator David Walkingstick on Dec. 11 about his legislation that called for a vote on whether to appeal a court ruling that gives Cherokee Freedmen tribal citizenship rights. BRANDON SCOTT/CHEROKEE PHOENIX
BY STACIE GUTHRIE
Reporter – @cp_sguthrie
12/22/2017 01:30 PM
TAHLEQUAH, Okla. – During the Dec. 11 Rules Committee meeting, Tribal Councilors voted to indefinitely table David Walkingstick’s legislation calling for a vote on whether to appeal a federal court ruling that gives Freedmen tribal citizenship.

“The Tribal Council hasn’t made a decision to appeal or not appeal,” Walkingstick said. “We’ve tabled it, but the only way we’re going to be able to get this appealed is our legislators are going to have to not waver and make an informed decision on behalf of the Cherokee Nation constituents and the Cherokee Nation government.”

Tribal Councilor Victoria Vazquez motioned to table, saying the decision to do so was correct.

“Councilman Walkingstick has had many options during the past three months to express his views on this issue. His belated and hasty attempt to push unconstitutional legislation was a poor choice on his part,” she said. “I felt obliged to propose an option to councilors which would let us return our focus on issues like education, health care, housing and cultural preservation, rather than some futile effort to pass unconstitutional legislation.”

Walkingstick said as a legislator he demands “difficult” issues be dealt with.

“I’m having a hard time understanding why we’re not trying to protect our sovereignty and defend our Constitution. Just because you’re opposed of certain subjects you don’t want to discuss or debate the opposition, it’s cowardly,” he said.

Walkingstick also said Principal Chief Bill John Baker’s administration has pressured legislators on how to vote on the issue. “The administration is putting pressure on our Council and trying to intimidate them and more or less bully them to make certain decisions, and that’s why it was tabled indefinitely on Monday (Dec. 11) is due to the pressure from the administration.”

However, Secretary of State Chuck Hoskin Jr. said that wasn’t the case.

“We as a rule do not, and in this instance absolutely did not, engage in bullying and intimidation as Councilor Walkingstick alleges,” he said. “Councilman Walkingstick is frustrated over his failed attempt at legislation, and his frustration appears to have gotten the better of him for him to make such a claim.”

Marilynn Vann, Descendants of Freedmen of the Five Civilized Tribes Association president, said she’s pleased with the decision yet concerned because the bill only targets Freedmen and not Delaware and Shawnee citizens.

“The very people that shout they want a tribe that’s all Cherokee by blood, they haven’t gone out here and started a movement to remove adopted Delaware, adopted Shawnee…other people who’ve been adopted. Their ancestors were adopted in different times and put on the Dawes Rolls. They’ve never done that,” she said. “So why single out the Freedmen people to be thrown out of the tribe against our will? We just want to take our place as tribal members.”

Walkingstick said he plans to follow procedural rules and re-introduce the bill pending a ruling by U.S. District Judge Thomas Hogan. He said a “final order” was not given during a December conference in Washington, D.C., and that the next meeting was planned for January.

As of publication, the Cherokee Phoenix had not received a response from the attorney general’s office regarding the December conference.

Walkingstick, Tribal Councilor Harley Buzzard and several CN citizens also filed a motion in the CN Supreme Court asking it to order the attorney general’s office to appeal the CN v. Nash, Vann and Interior Department ruling.

He said the bill and motion are needed so the tribe can “determine its citizenship.”

“The Nation is not much of a sovereign nation if it cannot determine its own citizenship. The federal Nash opinion turns the Cherokee Nation into a heritage club by allowing a third party to decide Cherokee Nation’s citizenship,” he said.

The motion also asks the court to withdraw its order instructing the CN to accept Freedmen citizenship applications. It also seeks to find that the Nash decision is not a final judgment and the tribe should litigate it to the fullest degree, including an appeal.

The Phoenix could not reach Attorney General Todd Hembree or his office for comment.

However, Hembree has previously stated the federal ruling was an order. “This is a decision that was based on the law and the facts of the case that required an legal interpretation. It’s not a settlement of the case as he (Walkingstick) alluded to in his act. It is a decision to abide by a court’s order.”

Walkingstick said he also hopes the court finds that Hembree violated the Attorney General Act by not appealing the ruling. “How he violated it was he didn’t consult the clients, which is the Tribal Council. That AG act clearly states that the Tribal Council and the principal chief, we authorize any litigation that has to deal with programming or sovereignty issues.”

However, Hembree has previously stated he believes he upheld his oath as attorney general. “I believe that I’ve upheld the oath that I took as attorney general, and I believe that I have protected the interest of the Cherokee Nation and have, in fact, promoted its sovereignty by agreeing to uphold previsions of a treaty that was signed between the Cherokee Nation and the United States.”

Walkingstick said he also hopes the motion leads to the court rescinding its “preliminary order.”

“If they rescind that, it will give the Tribal Council an opportunity to have a authorization in the finalization of the appeal process,” he said.

The Phoenix attempted to contact Buzzard but was unsuccessful as of publication.

Click here to readthe Motion to Intervene, For Writ of Mandamus.

Click here to readthe letter from the Office of the Attorney General.
About the Author
Stacie Guthrie started working at the Cherokee Phoenix in 2013 as an intern. After graduating from Northeastern State University with a bachelor’s degree in mass communications she was hired as a reporter.

Stacie not only writes for the Phoenix, but also produces videos and regularly hosts the Cherokee Phoenix radio broadcast.

She found her passion for video production while taking part in broadcast media classes at NSU. It was there she co-created a monthly video segment titled “Northeastern Gaming,” which included video game reviews, video game console reviews and discussions regarding influential video games.

While working at the Phoenix she has learned more about her Cherokee culture, saying she is grateful for the opportunity to work for and with the Cherokee people.

In 2014, Stacie won a NativeAmerican Journalists Association award for a video she created while working as an intern for the Phoenix. She was awarded first place in the “Best News Story-TV” category.

Stacie is a member of NAJA.
stacie-guthrie@cherokee.org • 918-453-5000 ext. 5903
Stacie Guthrie started working at the Cherokee Phoenix in 2013 as an intern. After graduating from Northeastern State University with a bachelor’s degree in mass communications she was hired as a reporter. Stacie not only writes for the Phoenix, but also produces videos and regularly hosts the Cherokee Phoenix radio broadcast. She found her passion for video production while taking part in broadcast media classes at NSU. It was there she co-created a monthly video segment titled “Northeastern Gaming,” which included video game reviews, video game console reviews and discussions regarding influential video games. While working at the Phoenix she has learned more about her Cherokee culture, saying she is grateful for the opportunity to work for and with the Cherokee people. In 2014, Stacie won a NativeAmerican Journalists Association award for a video she created while working as an intern for the Phoenix. She was awarded first place in the “Best News Story-TV” category. Stacie is a member of NAJA.

News

BY STACIE GUTHRIE
Reporter – @cp_sguthrie
01/19/2018 08:15 AM
TAHLEQUAH – The attorney general’s office cites perjury as a reason why it’s asking the Supreme Court to dismiss a petition from two Tribal Councilors and six Cherokee Nation citizens challenging Freedmen citizenship. In a Dec. 29 filing in the Cherokee Nation v. Nash and Vann v. Zinke case, the attorney general’s office states five of eight citizens listed in a Dec. 11 petition committed perjury and because so the petition should be dismissed and “the Court should take other appropriate action, including sanctions.” “Council Member David Walkingstick, in his individual capacity, Twila Pennington, Randy White, Norman Crowe and Vicki Bratton all swore in notarized statements they ‘voted in the 2007 referendum election…to only allow citizenship in the Cherokee Nation only to people who are Cherokee by blood.’ They did not (vote),” states the response. The response states Election Commission records show Walkingstick, Pennington, White, Crowe and Bratton did not vote in the March 3, 2007, election in which voters amended the Constitution to require Indian blood for citizenship. The Cherokee Phoenix contacted the attorney general’s office regarding the perjury allegation, but was told “there is no further comment on the perjury allegation other than what has already been filed.” Walkingstick said he voted in the election and that the records are incorrect. “In (20)07 I ran for council. I remember voting in that election. I know the records in the Election Commission, you know, they’re not always accurate.” The 2007 general election in which Walkingstick’s name first appeared on the ballot was June 23. Walkingstick added that he didn’t perjure himself. “Perjury, the definition of perjury is getting up on the witness stand and putting your hand on a Bible and take an oath that you’re going to tell the truth and then getting up there and intentionally lying. That’s perjury,” he said. “This is a desperate attempt for (Attorney General) Todd (Hembree) to not face the consequences of him not adhering to his own AG Act. This has nothing to do with who voted or who didn’t vote in the (20)07 election. It has everything to do with the Cherokee Nation trying to uphold its Constitution.” According to Black’s Law Dictionary, perjury is the willful assertion as to a matter of fact, opinion, belief, or knowledge, made by a witness in a judicial proceeding as part of his evidence, either upon oath or in any form allowed by law to be substituted for an oath, whether such evidence is given in open court, or in an affidavit, or otherwise, such assertion being known to such witness to be false, and being intended by him to mislead the court, jury, or person holding the proceeding. In a Jan. 8 affidavit, Crowe states he voted in the election and that EC records are wrong. John Parris, the petitioners’ attorney, spoke on behalf of those alleged of perjury stating they all “remember voting” in the election. “The position of the interveners is that they remember voting and don’t know why the records are inaccurate,” he said. “The interveners hope that we get to the main issue and not deal with these side issues.” In regards to the EC records being “wrong,” EC officials said they do “not feel it would be appropriate to comment” on litigation before the Supreme Court. On Dec. 11, Tribal Councilor Harley Buzzard, Kathy Robinson, Marcus Thompson, as well as the five accused of perjury, filed a petition as individual citizens against the CN and Hembree. It stems from Hembree’s decision not to appeal the District of Columbia District Court’s ruling to bind the CN to the 1866 Treaty and provide Freedmen “all the rights of native Cherokees,” including the right to citizenship. Freedmen are descendants of slaves once held by Cherokees. The petitioners ask the Supreme Court to set aside its Sept. 1 order to enroll Freedmen as citizens and instruct the attorney general’s office to appeal the federal court ruling until the Tribal Council approves or disapproves of Hembree’s decision not to appeal. According to the attorney general’s response, the petition should also be dismissed because its grievances against the CN and Hembree do not have “any basis in law or fact.” “Movants fail to demonstrate a legally cognizable interest in the present action that establishes a right to intervene under Cherokee Law. Nonetheless, even if Movants can establish a right to intervene – which they cannot – the Court must dismiss the Writ of Mandamus because this Court lacks subject matter jurisdiction,” the response states. “Specifically, Movants fail to cite any jurisdictional statute which permits Movants to maintain a lawsuit against AG Hembree – an appointed official of the Nation that enjoys sovereign immunity from this type of suit. Moreover, Movants fail to establish standing to bring this action against AG Hembree and fail further to plead a claim for relief.” The attorney general’s office also asks the court to maintain its Sept. 1 order by stating the request to continue litigating the case is “simply not available under Cherokee law.” Walkingstick said, hypothetically, if the tribe doesn’t appeal the federal ruling the Constitution would still have to be amended. He said Cherokee voters could accept the ruling or “vote in contradiction to it.” “The consequences are if the Cherokee people vote in contradiction to (federal) Judge (Thomas) Hogan’s ruling, or opinion, then federal program dollars could be frozen. Those are the consequences, and it just kind of depends what our Cherokee people want and, you know, me as being elected official, I take the Cherokee people’s voice very seriously,” he said. According to the Sept. 1 order, the Supreme Court deemed the special election void and without effect. Walkingstick said he’s “never taken a stance” on citizenship rights for Shawnees, Delaware, intermarried whites or Freedmen but that he did take an oath to uphold the Constitution. “The disappointment in all of this is our Cherokee Supreme Court contradicted our own Constitution. That’s a catastrophe. The other catastrophe is our chief and our attorney general supports contradicting our Constitution,” he said. “If we were wanting to protect our Constitution to the highest degree possible we would appeal this decision, which that’s the highest degree we can go with in regards to what that outcome is. It may be favorable. It may not be favorable, but we can look our constituents in the face and say we did everything possible to uphold your voice.”
BY STAFF REPORTS
01/17/2018 04:00 PM
The Cherokee Phoenix and Cherokee Family Research Center at the Cherokee Heritage Center teamed up to create this series on Cherokee genealogy. Thanks to CFRC genealogists Gene Norris and Ashley Vann, we are able to show you the genealogies of the Cherokee Phoenix staff and the CFRC’s genalogy inner workings at the CHC as well as the people behind them. For the next several months, we will highlight Cherokee Phoenix staff members’ genealogies and bring you information regarding Cherokee genealogy. You may even spot an ancestor on a staff member’s genealogy chart. This month we spotlight Advertising Representative Danny Eastham and Advertising Specialist Samantha Cochran's genealogies Wado! <a href="http://www.cherokeephoenix.org/Docs/2018/1/11902__Samantha.pdf" target="_blank">Click here</a>to read Advertising Specialist Samantha Cochran's genealogy.
BY ASSOCIATED PRESS
01/17/2018 12:00 PM
OKLAHOMA CITY (AP) — The first trial date has been set for a lawsuit by a state against pharmaceutical companies over the opioid epidemic, according to Oklahoma’s attorney general. Oklahoma, one of at least 13 states that have filed lawsuits against drugmakers, alleges fraudulent marketing of drugs that fueled the opioid epidemic in the lawsuit filed in June 2017, and seeks unspecified damages from Purdue Pharma, Allergan, Janssen Pharmaceuticals, Teva Pharmaceuticals and several of their subsidiaries. “We appreciate the urgency Judge (Thad) Balkman saw in getting the case to trial,” Attorney General Mike Hunter said. “Oklahomans who have suffered immeasurably from the years of fraudulent marketing campaigns will see this case resolved sooner rather than later.” Hunter said Balkman scheduled the trial to begin May 28, 2019. The companies deny wrongdoing and say they complied with Federal Drug Administration requirements that include warning labels showing potential risks that come with using their drugs. “We are deeply troubled by the prescription and illicit opioid abuse crisis, and are dedicated to being part of the solution,” Purdue Pharma said in a statement. “We vigorously deny these allegations and look forward to the opportunity to present our defense.” Teva spokeswoman Kaelan Hollon said the company “is committed to the appropriate use of opioid medicines,” and complies with all state and federal drug regulations. “Teva also collaborates closely with other stakeholders, including providers and prescribers, regulators, public health officials and patient advocates, to understand how to prevent prescription drug abuse without sacrificing patients’ needed access to pain medicine,” Hollon said. Ohio Attorney General Mike DeWine’s office said other states that have filed lawsuits are Alaska, Kentucky, Louisiana, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New Mexico, Ohio, South Carolina and Washington state. The state lawsuits are separate from pending lawsuits in Ohio by dozens of local governments, and lawsuits by Native American tribes in the Dakotas and Oklahoma. In Ohio, a federal lawsuit by local governments nationwide that makes similar allegations is pending. And in South Dakota, the Rosebud Sioux Tribe, Flandreau Santee Sioux Tribe and the Sisseton Wahpeton Oyate filed a federal lawsuit in January against 24 opioid industry groups. In Oklahoma, a federal judge has ruled that another similar lawsuit by the Cherokee Nation cannot be tried in tribal court, and CN Attorney General Todd Hembree siad the tribe would file the lawsuit in state court.
BY STAFF REPORTS
01/16/2018 04:00 PM
The Cherokee Phoenix and Cherokee Family Research Center at the Cherokee Heritage Center teamed up to create this series on Cherokee genealogy. Thanks to CFRC genealogists Gene Norris and Ashley Vann, we are able to show you the genealogies of the Cherokee Phoenix staff and the CFRC’s genalogy inner workings at the CHC as well as the people behind them. For the next several months, we will highlight Cherokee Phoenix staff members’ genealogies and bring you information regarding Cherokee genealogy. You may even spot an ancestor on a staff member’s genealogy chart. This month we spotlight Staff Writer Brittney Bennett and Former Intern Chandler Kidd's genealogies Wado! <a href="http://www.cherokeephoenix.org/Docs/2018/1/11898__ChandlerKidd.pdf" target="_blank">Click here</a>to read Former Intern Chandler Kidd's genealogy.
BY STAFF REPORTS
01/16/2018 03:30 PM
The Cherokee Phoenix and Cherokee Family Research Center at the Cherokee Heritage Center teamed up to create this series on Cherokee genealogy. Thanks to CFRC genealogists Gene Norris and Ashley Vann, we are able to show you the genealogies of the Cherokee Phoenix staff and the CFRC’s genalogy inner workings at the CHC as well as the people behind them. For the next several months, we will highlight Cherokee Phoenix staff members’ genealogies and bring you information regarding Cherokee genealogy. You may even spot an ancestor on a staff member’s genealogy chart. This month we spotlight News Writer Brittney Bennett and Former Intern Chandler Kidd's genealogies Wado! <a href="http://www.cherokeephoenix.org/Docs/2018/1/11895__BrittneyBennett.pdf" target="_blank">Click here</a>to read News Writer Brittney Bennett's genealogy.
BY ASSOCIATED PRESS
01/16/2018 12:00 PM
MUSKOGEE (AP) — Cherokee Nation leaders marked Martin Luther King Jr. Day on Jan. 15 by acknowledging the tribe needs to come to terms with its treatment of former slaves, known as Freedmen. The tribe — one of the country’s largest — recognized the King holiday for the first time with participation in a King parade and a visit to the Martin Luther King Community Center in Muskogee. Secretary of State Chuck Hoskin Jr. said Principal Chief Bill John Baker decided the tribe should honor the King holiday this year because of ongoing racial tensions nationwide and because the tribe is seeking to make amends with slavery. King’s writings spoke of injustices against Native Americans and colonization, but Hoskin said the tribe had its own form of internal oppression and dispossession. “The time is now to deal with it and talk about it,” said Hoskin. “It’s been a positive thing for our country to reconcile that during Dr. King’s era, and it’s going to be a positive thing for Cherokee to talk about that history as part of reconciling our history with slavery.” Such talk from tribal officials would have been surprising before a federal court ruled last year that the descendants of slaves owned by tribal citizens had the same rights to tribal citizenship, voting, health care and housing as blood-line Cherokees. One descendant of Freedmen, Rodslen Brown-King, said her mother was able to vote as a Cherokee for the first and only time recently. Other relatives died before getting the benefits that come with tribal citizenship, including a 34-year-old nephew with stomach cancer, she said. “He was waiting on this decision,” Brown-King, of Fort Gibson, said. “It’s just a lot of struggle, a lot of up and down trauma in our lives. It’s exciting to know we are coming together and moving forward in this.” Derrick Reed, a city councilman in Muskogee, and director of the King Community Center there, said the Jan. 15 event was the first attended by citizens of the CN in honor of the holiday. Baker later spoke at an after-party the tribe sponsored, and Hoskin served breakfast earlier in the day. “We have a wonderful story to tell but we need to tell the whole story,” Hoskin said.