AG cites perjury in Freedmen case response

BY STACIE BOSTON
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.”

News

BY STAFF REPORTS
05/27/2018 04:00 PM
OKLAHOMA CITY – Living in Oklahoma during the late spring and summertime means facing heat conditions that can sometimes reach dangerous temperatures. Heat is one of the leading weather-related killers in the United States, and an estimated 618 people in the United States are killed by extreme heat every year. It is important to know how to protect yourself and others from the impacts of heat waves. Extreme heat can lead to dangerous heat-related illnesses such as heat exhaustion or heat stroke. These illnesses happen when the body is not able to properly cool itself. According to the Centers for Disease Control and Prevention, the body is supposed to cool itself off by sweating. However, in cases of extreme heat, sweat will not evaporate as quickly, preventing the body from releasing heat quickly. Personal factors such as age, weight, dehydration, heart disease, poor circulation, sunburn, and prescription drug and alcohol use can also play a role in whether a person can cool off enough in very hot weather. “People must balance their summertime activity with actions that help the body cool itself,” Robyn Sunday-Allen, Oklahoma City Indian Clinic CEO, said. “It is important that everyone understands the signs of heat illness and should even take time to check on the elderly, friends, family and neighbors during these conditions to ensure their health and safety." Limit outdoor activity. If you like to exercise or even just like being outdoors, it is important to limit your outdoor activity to morning and evening hours. You must start slowly and then gradually pick up your pace. However, if you are exercising in extreme heat and you are left gasping for breath, immediately stop all activity, let someone know where you are, and get into a shaded and cool area to rest. In addition, it is important to protect yourself from the sun by wearing a hat, sunglasses, and sunscreen with a SPF of 30 or higher. Never leave kids or pets unattended in a hot vehicle. As a reminder, the temperature in a car can be deadly during extreme heat. The temperature inside a car can rise 20 degrees Fahrenheit in just 10 minutes, so leaving a window open is not enough. Children who are left unattended in the heat and in parked cars are highly at risk for heat stroke and sometimes even death. To avoid any heat illnesses, dress children in loose, lightweight, light-colored clothing. It is also important that they drink lots of fluids. Check up on the elderly, sick and those without air conditioning. People aged 65 years or older are more at risk to encounter heat-related health problems. Prevent these illnesses by checking up on people in the community during periods of extreme heat. Air conditioning is important to have in conditions of intense heat. If someone is without air conditioning, offer to drive him or her to an air-conditioned location or a safer environment. Also, consider carrying extra bottles of water and other supplies in case others are in need of them.
BY TRAVIS SNELL
Assistant Editor – @cp_tsnell
05/27/2018 08:00 AM
TAHLEQUAH – Cherokee Nation citizens living outside the tribe’s 14-county jurisdiction are eligible for free one-year subscriptions of the Cherokee Phoenix thanks to a $10,000 disbursement from the principal chief’s office on behalf of At-Large Tribal Councilors Mary Baker Shaw and Wanda Hatfield. The Cherokee Phoenix recently received the funds and is taking names on a first-come, first-served basis until the money is depleted. “These funds that have been provided to the Cherokee Phoenix by the joint efforts of our tribal administration and our At-Large (Tribal) Councilors Mary Baker Shaw and Wanda Hatfield will go a long way in providing subscriptions to at-large citizens,” Executive Editor Brandon Scott said. “It has always been our goal here at the Phoenix to make sure that every citizen that wants a copy of the Cherokee Phoenix is able to get one. That is the sole reason we exist. Our success depends on our subscribers. Our ability to remain independent relies solely on the funds we receive from subscriptions, so these funds are not only assisting at-large citizens they are also assisting us in remaining independent. I’d personally like to thank Councilors Baker and Shaw as well as the administration for making this donation possible.” Scott added that there are no restrictions on receiving a free subscription other than living outside the CN jurisdiction and being a CN citizen. Using the fund, at-large CN citizens can apply to receive a free one-year subscription by visiting, calling or writing the Cherokee Phoenix office and requesting a subscription. The Cherokee Phoenix office is located in the Annex Building on the W.W. Keeler Tribal Complex. The postal address is Cherokee Phoenix, P.O. Box 948, Tahlequah, OK 74465. To call about the fund, call 918-207-4975 or email <a href="mailto: justin-smith@cherokee.org">justin-smith@cherokee.org</a>. The Cherokee Phoenix also has a free website, <a href="http://www.cherokeephoenix.org" target="_blank">www.cherokeephoenix.org</a>, that posts news seven days a week about the Cherokee government, people, history and events of interest. The monthly newspaper is also posted in PDF format to the website at the beginning of each month. Cherokee Nation Businesses in November donated $10,000 to the Cherokee Phoenix’s Elder/Veteran Fund, which provides free subscriptions of its monthly newspaper to elders and/or military veterans who are CN citizens. No income guidelines have been specified for the Cherokee Phoenix Elder/Veteran Fund, and free subscriptions will be given as long as funds last. Tax-deductible donations for the fund can also be sent to the Cherokee Phoenix by check or money order specifying the donation for the Cherokee Phoenix Elder/Veteran Fund. Cash is also accepted at the Cherokee Phoenix offices and local events where Cherokee Phoenix staff members are accepting Elder/Veteran Fund donations. Those who donate can also have entries submitted for them into the Cherokee Phoenix’s quarterly artist giveaway. For every $10 donated or spent on Cherokee Phoenix merchandise, a person gets one entry into the quarterly drawing. The next drawing is July 2 when it gives away a two-piece, 12-foot fishing rod donated by Larry Fulton of Larry’s Bait and Tackle in Fort Gibson.
BY ASSOCIATED PRESS
05/26/2018 04:00 PM
FLAGSTAFF, Ariz. (AP) — American Indian tribes are welcoming an opportunity to offer sports betting in potentially hundreds of casinos across the country after the U.S. Supreme Court cleared the way for states to legalize it. Tribal casinos generate more than $31 billion a year in gross revenue. While adding sports books isn’t expected to boost that number significantly, tribes say it’s another source to deliver services to tribal members. “The conversation is always, ‘Why don’t you do like Vegas?’“ said Sheila Morago, executive director of the Oklahoma Indian Gaming Association. “Everybody always wants to give their customers things they have asked for.” Many tribes give a share of casino profits to states in exchange for exclusive rights to conduct gambling operations. In Arizona, the state’s share was about $100 million last year. Some tribes believe agreements with states already give them the right to control sports betting, while others will work out the details through negotiations in compacts that vary in wording state by state. “It’s going to be important for the tribes that their position as sovereigns and their existing compacts within their states are recognized,” said Valerie Spicer, a co-founder of the consulting firm Trilogy Group. “There’s still a lot of work left to do.” Nearly 240 tribes operate casinos in more than half of U.S. states under the federal Indian Gaming Regulatory Act or as commercial ventures. Some only have games like bingo or pull tabs that don’t need authorization from states. The majority of the roughly 475 tribal casinos have those games and others like slot machines, blackjack and other table games, according to the National Indian Gaming Commission. Sports wagering would fall in the latter category, the commission said. The U.S. Supreme Court on Monday struck down the Professional and Amateur Sports Protection Act on a challenge from New Jersey. The law limited sports betting to four states that met a 1991 deadline to legalize it: Nevada, Delaware, Montana and Oregon. States now can adopt laws regulating sports betting, though some already have the legal framework in place. In California, voters would have to approve a change to the state constitution. As is, California tribes have exclusivity in casino-style gambling, and some believe that includes sports betting. Steve Stallings, the chairman of the California Indian Gaming Commission, said the group that represents 34 tribes wants specifics on what sports betting would encompass before the state moves to legalize it. For example, he said, would it occur at a physical sports book or could wagers be placed online? “Expansion of gaming is a slippery slope,” he said. “Tribes feel like they have somewhat an exclusivity to it. When the state or other interests violate that, then tribes are concerned.” In Arizona, Gov. Doug Ducey saw the U.S. Supreme Court’s decision as a way to modernize tribal gambling compacts and potentially boost revenue to the state. Most of the tribal compacts are up for renewal in 2022. Greg Jones was visiting a casino run by the Navajo Nation east of Flagstaff this week. He said he used to bet regularly on college football and being able to do it at a tribal casino less than an hour from his home beats traveling to Nevada. “It’s a big pot,” he said. “Everyone should be able to dip their foot in the pool.” Tribes in Oklahoma have been trying to get sports betting approved through the state legislature in the last two sessions but have been unsuccessful, Morago said. In Connecticut, the Mohegan Tribe said it’s looking forward to working with the state to legalize and regulate sports betting. “We have long felt that Mohegan Gaming & Entertainment was in a great position to offer this type of gaming at our properties,” spokeswoman Jennifer Harris Ballester wrote in a statement. Ernie Stevens Jr., chairman of the National Indian Gaming Association, said the group has been preparing tribal governments for sports betting with listening sessions outlining internal regulations and negotiations of state gambling compacts. Location and competition would be major factors in tribes’ decisions to add sports betting, he said. “I don’t believe this is going to take the place of our slot machines, but it’s another amenity we can enjoy and people can have fun with,” he said. “And we want to be able to move forward with the overall industry.”
BY ASSOCIATED PRESS
05/26/2018 12:00 PM
TULSA, Okla. (AP) — Experts are looking at how Oklahoma's seismic activity impacts critical infrastructure as frequent, low-level earthquake swarms continue to pop off throughout the state. The Tulsa World reports that Oklahoma has experienced 80 earthquakes of 3.0 or greater magnitudes this year through Thursday morning. The Oklahoma Geological Survey says that 2015 was the state's peak year, with just over 900 quakes of 3.0 or greater. A Society of Exploration Geophysicists article this month said that soil, concrete and steel structures are "susceptible to fatigue" under seismic conditions that weren't considered during design. Scientists worry long-term low-level shaking could affect storage tanks and pipelines in Cushing, an oil hub in Oklahoma. The Tulsa-based society is hosting an August forum to engage experts in discussions on the issues and write for publication.
BY STAFF REPORTS
05/25/2018 03:30 PM
TAHLEQUAH – The Cherokee Nation will host a send-off ceremony for its cyclists who leave Tahlequah on Tuesday for the annual “Remember the Removal” Bike Ride. This year’s cyclists range in age from 18 to 24. They will meet eight cyclists from the Eastern Band of Cherokee Indians in North Carolina for a ride that begins in New Echota, Georgia, on June 3, and concludes around 950 miles later on June 21 in Tahlequah. Cyclists follow the Northern Route of the Trail of Tears - spanning Georgia, Tennessee, Kentucky, Illinois, Missouri, Arkansas and Oklahoma – to retrace the path of their ancestors. Of the estimated 16,000 Cherokees forced to march to Indian Territory in the late 1830s, 4,000 died from exposure, starvation and disease, giving credence to the name Trail of Tears. During the ceremony, tribal leaders will wish the cyclists a successful trip and safe return. The CN riders are Daulton Cochran, Emilee Chavez, Lily Drywater, Dale Eagle, Parker Weavel, Sky Wildcat, Courtney Cowan, Autumn Lawless and Amari McCoy. Jennifer Johnson, a CN citizen and Oklahoma City lawyer, was chosen as this year’s mentor rider. Cherokee Nation Businesses Executive Vice President Chuck Garrett, an avid cyclist, is also expected to join the cyclists during the journey’s first week. Follow the riders at <a href="http://www.facebook.com/removal.ride" target="_blank">www.facebook.com/removal.ride</a> and on Twitter and Instagram with the hashtags #RTR2018 and #WeRemember.
BY STAFF REPORTS
05/25/2018 12:00 PM
OKLAHOMA CITY – Officials with the Oklahoma Senior Games said registration for the 2018 competition is open and will feature 20 events, including new ones such as a power walk, softball, corn hole and washer pitch. Local Senior Games events were held this spring in Yukon and will be held this fall in Ardmore from Sept. 7-14. Fall events will also be held in the Oklahoma City and Tulsa areas. All athletes must be 50 years old by Dec. 31, except for those who compete in badminton, cycling, tennis and table tennis. Those events are open to athletes who are 40 and older by Dec. 31. Participants will compete in one of the following age categories for both individual and/or doubles sports: 50-54, 55-59,60-64, 65-69, 70-74, 75-79, 80-84, 85-89,90-94,95-99 and 100 and older. Team sports are divided into the following brackets: 50-plus, 55-plus, 60-plus, 65-plus, 70-plus, 75-plus, 80-plus and 85-plus. Partner and team age groups will be determined by the age of the youngest partner/team member. Athletes may enter as many events as their schedule allows. Participants finishing in the top places in their age category in each event qualify for National Senior Games set for June 14-25, 2019, in Albuquerque, New Mexico. Early bird registration is $50 before 11:59 p.m. on Aug. 1. After Aug. 1, registration is $60 until two weeks before each event’s entry deadline. Fee includes up to 6 events. Additional events will be $5 each. A $10 fee will be added for paper registrations. For more information, visit <a href="http://okseniorgames.com/" target="_blank">http://okseniorgames.com/</a>.