http://www.cherokeephoenix.orgDescendants of Freedmen Association President Marilyn Vann, left, speaks with other Cherokee Freedmen following a 2011 meeting in Muskogee. Throughout their fight with the Cherokee Nation for citizenship rights, Freedmen descendants and their supporters met in Muskogee, Tulsa and Oklahoma City to stay updated on court proceedings and support each other. WILL CHAVEZ/CHEROKEE PHOENIX
Descendants of Freedmen Association President Marilyn Vann, left, speaks with other Cherokee Freedmen following a 2011 meeting in Muskogee. Throughout their fight with the Cherokee Nation for citizenship rights, Freedmen descendants and their supporters met in Muskogee, Tulsa and Oklahoma City to stay updated on court proceedings and support each other. WILL CHAVEZ/CHEROKEE PHOENIX

CN Supreme Court dismisses Freedmen case

Freedmen descendants Willadine Johnson, of Kansas City, Missouri, center, discusses family genealogy with her cousins Earnestine Allen, of Springfield, Illinois, left, and Olive Anderson, of Kansas City, before a 2011 Cherokee Nation District Court hearing in Tahlequah. WILL CHAVEZ/CHEROKEE PHOENIX
Freedmen descendants Willadine Johnson, of Kansas City, Missouri, center, discusses family genealogy with her cousins Earnestine Allen, of Springfield, Illinois, left, and Olive Anderson, of Kansas City, before a 2011 Cherokee Nation District Court hearing in Tahlequah. WILL CHAVEZ/CHEROKEE PHOENIX
BY WILL CHAVEZ
Assistant Editor – @cp_wchavez
05/25/2018 10:00 AM
TAHLEQUAH – The Cherokee Nation’s Supreme Court on May 16 dismissed a case by eight CN citizens asking the court to compel Attorney General Todd Hembree to appeal a federal ruling that gave Cherokee Freedmen tribal citizenship rights.

“The (eight) movants are individual Cherokee citizens who disagree with the outcome of the federal case and disagree with the way the Nation and the attorney general’s office handled the case,” the ruling states. “The ruling of the federal court has no effect on the citizenship of the movants. They have failed to demonstrate any concrete injury in fact sufficient to establish standing to bring this suit.”

On Aug. 30, in the case of Cherokee Nation v. Nash and Vann v. Zinke, Senior U.S. District Judge Thomas Hogan ruled the CN could define itself as it sees fit but must do so equally and evenhandedly with respect to native Cherokees and Freedmen descendants.

“In accordance with Article 9 of the 1866 Treaty, the Cherokee Freedmen have a present right to citizenship in the Cherokee Nation that is coextensive with the rights of Native Cherokees,” Hogan states.

The following day, Hembree stated he would not appeal Hogan’s decision. On Sept. 1, the Supreme Court ordered the CN government and its offices, including Registration, to begin processing CN citizenship applications of eligible Freedmen descendants.

In its May 16 ruling, the Supreme Court wrote that Hembree petitioned “this court to enter a preliminary order declaring that the memorandum opinion issued by the District Court for the District of Columbia…on August 30, 2017, to be valid and binding against the Cherokee Nation, its governmental branches, and its offices, including the Cherokee Nation Registrar until further order of the court.”

Prior to Hembree’s petition, on March 16, 2009, the Tribal Council passed a resolution ratifying the litigation in Cherokee Nation v. Nash and acknowledged that it was “desired” that the federal court determine rights of the Freedmen and that the Cherokee Nation “would be bound by the decision of the federal court.”

“Cherokee Nation voluntarily entered this litigation and agreed to be bound by the decision, therefore, this court granted the request of Attorney General and entered a preliminary order granted declaratory action and petition for write of mandamus,” the May 16 ruling states.

A writ of mandamus is an order from a higher court to a lower court or to a government official, office or corporation commanding that a specified thing be done.

On Dec. 11, the eight movants filed a motion to intervene and asked the Supreme Court to withdraw the order and direct Hembree to appeal Hogan’s ruling. On Dec. 29, the CN and Hembree filed a special limited entry of appearance and objection to the Dec. 11 motion to intervene. The Supreme Court heard oral arguments on April 19.

The eight movants were represented by Broken Arrow attorney Stephen Gray who called Hembree’s decision not to appeal an “attack on the Nation’s sovereignty.”

“Citizens’ motions and petition have become necessary because Hembree argues that he has the sole authority to appeal or not appeal the D.C. case in his position as attorney general, without consultation with the council and is protected by sovereign immunity from citizens. His argument puts him not only above the law, but now he is the law,” states Gray’s court petition.

In his petition Gray also argued that Hembree, without Tribal Council consent, “is negotiating away the Nation’s sovereignty and obligating the Nation to tens of millions of dollars in liability.”

Some of that liability, Gray’s petition asserts, would be in the form of tribal services that would be provided to Freedmen, who are descendants of slaves once held by CN citizens.

Assistant Attorney General Chrissi Nimmo responded that the Tribal Council doesn’t have a right to question Hembree’s decisions.

Two legislators, Harley Buzzard and David Walkingstick, were among the eight movants. In court, Nimmo said Buzzard and Walkingstick filed the case against the CN and Hembree as citizens but then changed their standing to their official capacity as legislators.

She said Tribal Councilors don’t have the right to sue Hembree and force him to appeal the Freedmen decision. Also, Nimmo reminded the court that on Dec. 11, the Tribal Council indefinitely tabled Walkingstick’s legislation to appeal the federal court ruling on Freedmen receiving tribal citizenship. Nimmo said that vote “killed” the issue of appealing Hogan’s decision.

Gray argued that the Tribal Council has a right to be involved in all “settlements” involving the CN. However, Nimmo disagreed with calling the federal ruling a settlement.

“This is an order of the court after years of litigation that the AG chose not to appeal,” she said. “The Council is not a client of the AG. The Cherokee Nation is his client.”
About the Author
Will lives in Tahlequah, Okla., but calls Marble City, Okla., his hometown. He is Cherokee and San Felipe Pueblo and grew up learning the Cherokee language, traditions and culture from his Cherokee mother and family. He also appreciates his father’s Pueblo culture and when possible attends annual traditional dances held on the San Felipe Reservation near Albuquerque, N.M.

He enjoys studying and writing about Cherokee history and culture and writing stories about Cherokee veterans. For Will, the most enjoyable part of writing for the Cherokee Phoenix is having the opportunity to meet Cherokee people from all walks of life.
He earned a mass communications degree in 1993 from Northeastern State University with minors in marketing and psychology. He is a member of the Native American Journalists Association.

Will has worked in the newspaper and public relations field for 20 years. He has performed public relations work for the Cherokee Nation and has been a reporter and a photographer for the Cherokee Phoenix for more than 18 years. He was named interim executive editor on Dec. 8, 2015, by the Cherokee Phoenix Editorial Board.
WILL-CHAVEZ@cherokee.org • 918-207-3961
Will lives in Tahlequah, Okla., but calls Marble City, Okla., his hometown. He is Cherokee and San Felipe Pueblo and grew up learning the Cherokee language, traditions and culture from his Cherokee mother and family. He also appreciates his father’s Pueblo culture and when possible attends annual traditional dances held on the San Felipe Reservation near Albuquerque, N.M. He enjoys studying and writing about Cherokee history and culture and writing stories about Cherokee veterans. For Will, the most enjoyable part of writing for the Cherokee Phoenix is having the opportunity to meet Cherokee people from all walks of life. He earned a mass communications degree in 1993 from Northeastern State University with minors in marketing and psychology. He is a member of the Native American Journalists Association. Will has worked in the newspaper and public relations field for 20 years. He has performed public relations work for the Cherokee Nation and has been a reporter and a photographer for the Cherokee Phoenix for more than 18 years. He was named interim executive editor on Dec. 8, 2015, by the Cherokee Phoenix Editorial Board.

News

BY STAFF REPORTS
06/22/2018 12:00 PM
TAHLEQUAH – The Cherokee Nation on June 20 celebrated the opening of the Cherokee National Peace Pavilion, located just east of the Cherokee National Capitol building. According to a CN press release, more than 200 guests joined tribal officials for a ribbon-cutting ceremony and reception commemorating the 175th anniversary of an 1843 intertribal peace gathering. In 1843, a similar structure housed the intertribal peace gathering when then-Principal Chief John Ross saw the need for tribal governments to come together and stand united on issues that would ensure the survival of Native people. It is estimated 10,000 people attended the 1843 meeting. “Now more than ever, it is important for our people and our community to have a place where we can join together in the name of peace,” Principal Chief Bill John Baker said. “It is an honor to dedicate this pavilion alongside our brothers and sisters from the Eastern Band of Cherokee Indians and the United Keetoowah Band of Cherokee Indians, as we continue to work together, support one another and unify our voice for the good of our people.” The Cherokee National Peace Pavilion is 4,600 square feet and can accommodate around 1,000 people. In addition to beautifying the downtown area, the multipurpose space will host community events, live music performances, markets and outdoor cultural classes. The pavilion’s design pays tribute to the gathering by interpreting the look of the large log structure that hosted what Ross called “the most important Indian council ever held on the American continent.” The original structure was built after the Indian Removal Act to house the reformed Cherokee government, and the grounds later became home to tribe’s Capitol Square. According to a previous Cherokee Phoenix story, Builders Unlimited officials said the estimated cost of the pavilion was $500,000. CNB officials said CNB paid for the site and Cultural Tourism would manage it. In addition to opening the pavilion, Cherokee Nation Cultural Tourism is hosting an exhibit about the 1843 intertribal peace gathering at the Cherokee National Supreme Court Museum through November 2019. The exhibit provides a look at the momentous gathering, including who attended and what was discussed. The Cherokee National Supreme Court Museum is open from 10 a.m. to 4 p.m. Tuesday through Saturday and is at 122 E. Keetoowah St.
BY TRAVIS SNELL
Assistant Editor – @cp_tsnell
06/19/2018 08:15 PM
TAHLEQUAH – After waiving his Cherokee Nation rights to employee privacy, John Ross Baker publicly admitted on June 18 that he was the nurse responsible for a lapse in protocol by incorrectly administering medications and potentially exposing patients to blood borne pathogens. “I, John Baker, RN, am deeply sorry that my actions have caused such anxiety to these families. When I understood that I may not have been following proper procedures, I immediately began working with health care professionals to identify any mistakes that may have been made and cooperated in every possible way and then I resigned,” Principal Chief Bill John Baker’s 34-year-old son said in a written statement. “I love caring for patients and would never knowingly put anyone at risk. My late mother was a nurse and I feel as though I inherited her passion for caring for others. I believe I was called to the nursing profession and I hope to serve patients with the same concern and compassionate care as she did, and I’ve always hoped she would be proud of the man I am. She and my father always taught me to take responsibility for my actions.” According to a CN press release, Hastings Hospital CEO Brian Hail was informed on April 29 of a protocol lapse involving the administration of medication for surgical patients. Health Services officials said the lapse occured from January to April and involved using the same vial of medication and syringe to inject more than one IV bag, potentially exposing patients to blood borne pathogens. However, Health Services officials said patients were never directly in contact with any needle. “In all instances, medication was administered into an IV bag, or tubing. The likelihood of blood borne pathogens traveling up the lines into an IV bag or IV tubing to cause cross contamination from using the same syringe is extremely remote,” officials said. Health Services officials said all 186 patients had been contacted and that 118 had returned for testing. They also said no patients had shown any signs of exposure. In a June 11 Health Committee meeting, Hail said the CN’s medication diversion prevention program discovered the protocol lapse and reported it to Health Services in late April. Hail also told Tribal Councilors he couldn’t reveal the nurse’s name at that time because of employee privacy rights but did say the nurse was no longer employed with the tribe. Hail said the incident was also not limited to the dental department, confirming there was a “cross” into other departments and areas, including the operating room. When asked by Tribal Councilors if any disciplinary action had been taken against the nurse, Hail declined to comment, citing “employment matters.” He also told legislators that it wasn’t the Health Services’ responsibility to report any potential incidents to revoke a medical license. According to a press releasse, John Baker resigned from Hastings Hospital on May 1 and isn’t employed at the CN or its entities in any capacity. According to a June 8 screenshot of his Facebook account, he was a RN at Hastings Hospital from Sept. 25, 2017, to May 2018 and was hired on May 14 by Traditions Home Care as a registered nurse case manager. However, Traditions Home Care’s human resources department on June 19 told the Cherokee Phoenix that John Baker is not employed with the company and declined to comment further. A CN press release also states the protocol lapse incident was reported to the Oklahoma Board of Nursing. According to a readfrontier.org report, the OBN issued John Baker his registered nurse’s license on June 26, 2017, and that the licence is still active. An OBN official told the Cherokee Phoenix that she could neither confirm nor deny whether the board is conducting an investigation of the protocol lapse and that there were no public records available concerning the issue. Chief Baker also issued a written statement on June 18 regarding the situation. “I am deeply saddened by these events and my hear aches for everyone involved. As a father, it is difficult to witness my son experiencing the pain caused by his actions. His decision to pursue a career in service to others continue to fill me with pride to this day,” Chief Baker said. “John’s honesty, cooperation and acceptance of responsibility is representative of his values and the quality of man that he is. As Chief of this great nation I know that no one is exempt from the rules. Rules and procedures throughout our nation apply to everyone equally. That is most certainly the case here. I want to strongly encourage anyone who sees wrongdoing of any kind throughout our nation to know their voice will be heard and their concerns will be properly addressed. I’m grateful for the health care workers who helped identify this lapse and their continued service to the Cherokee Nation Health Services and the patients they care for.” According to a press release, Chief Baker requested that Health Services Executive Director Dr. Charles Grim lead a four-person panel to “review the events, evaluate best practices and improve medication administration procedures.” It also states the panel is to report its findings in August to Deputy Chief S. Joe Crittenden because Chief Baker has recused himself to ensure the review’s independence. The protocol lapse came to light after CN citizen John Wagnon, of Grove, spoke publicly about being identified as a potentially exposed patient following a dental procedure in January. Wagnon said Health Services called him on June 4 asking him to come in for blood tests, nearly five months after his procedure. Wagnon said his tests came back negative but that he would need to return in three months for more testing. <strong>Timeline</strong> <strong>Sept. 25, 2017:</strong> John Ross Baker begins a residency at W.W. Hastings Hospital as a registered nurse, according to his Facebook account on June 8. <strong>January:</strong> Health Services officials say Baker begins the lapse in protocol regarding how medication is administered to surgical patients. Officials say 186 patients are potentially exposed to HIV and hepatitis C stemming from Baker’s practice of using the same vial of medication and syringe to inject more than one IV bag from January to April. <strong>April:</strong> The Cherokee Nation’s medication diversion prevention program discovers the protocol lapse and reports it to Health Services. <strong>April 29:</strong> Hastings Hospital CEO Brian Hail is informed of the protocol lapse. <strong>May 1:</strong> Baker resigns from Hastings Hospital. <strong>May 14:</strong> Baker is hired by Traditions Home Care as a registered nurse case manager, according to his Facebook account on June 8. <strong>June 7:</strong> The protocol lapse becomes public after a Tulsa-area television news show airs a story with Cherokee Nation citizen John Wagnon saying Hastings Hospital officials asked him to return for HIV and hepatitis C testing months after his dental surgery. <strong>June 11:</strong> Tribal Councilors of the Health Committee ask Hail questions regarding the protocol lapse. Hail cites employee privacy rules when declining to reveal the name of the nurse. <strong>June 18:</strong> Baker issues a written statement acknowleding he was the registered nurse involved in the protocol lapse and apologizes. His father, Principal Chief Bill John Baker, calls for a panel to to investigate the incident and recuses himself from the matter to ensure the review’s independence. <strong>June 19:</strong>Oklahoma Board of Nursing officials decline to confirm or deny that they are investigating the protocol lapse. Traditions Home Care officials say Baker is not employed with them and decline further comment.
BY STAFF REPORTS
06/18/2018 12:00 PM
TAHLEQUAH –The applications for the Cherokee Nation’s Miss Cherokee, Junior Miss Cherokee and Little Cherokee Ambassadors are now available for download. To download an application, visit <a href="http://www.cherokee.org/Services/Education/Cherokee-Ambassadors" target="_blank">http://www.cherokee.org/Services/Education/Cherokee-Ambassadors</a>. The deadline for all competition applications is July 16. For more information, call Lisa Trice-Turtle at 918-453-5000, ext. 4991.
BY ASSOCIATED PRESS
06/16/2018 02:00 PM
LINCOLN, Neb. (AP) — A husband and wife who don't want the proposed Keystone XL pipeline to run through their farm have deeded a plot of their land over to a Native American tribe, creating a potential roadblock for the project. Art and Helen Tanderup signed over a 1.6-acre plot of land to the Ponca Indian Tribe on Sunday. The Ponca enjoy special legal status as a federally recognized tribe. The land has been used as a planting space for sacred Ponca corn for the last five years, and it was chosen in part because it sits on the $8 billion pipeline's proposed route. It's also part of the historic route that Ponca tribe members were forced to take when the U.S. government relocated them to present-day Oklahoma in 1877.
BY ASSOCIATED PRESS
06/16/2018 10:00 AM
PIERRE, S.D. (AP) — South Dakota's Supreme Court this week dismissed an appeal from opponents of the Keystone XL oil pipeline, saying a lower court lacked jurisdiction to hear their cases. But an attorney battling the project says the "fight is not over." Groups fighting TransCanada Corp.'s pipeline appealed a judge's decision last year upholding regulators' approval for the pipeline to cross the state. But the high court said in a Wednesday ruling that justices didn't "reach the merits of the case" because the lower court didn't have jurisdiction to weigh the appeal of the Public Utilities Commission's decision. Robin Martinez, an attorney for conservation and family agriculture group Dakota Rural Action, on Thursday called the high court's decision "disappointing," but said "this fight is not over." Martinez said the organization, one of the appellants, is regrouping and evaluating its options. "That's really disappointing that the court didn't reach the merits, because the risk to South Dakota's land and water resources is clearly there," Martinez said. "It's a shame that that did not get a closer look by the court." TransCanada spokesman Terry Cunha said in an email that the pipeline developer is pleased with the court's decision. Keystone XL would cost an estimated $8 billion. The 1,179-mile pipeline would transport up to 830,000 barrels a day of Canadian crude through Montana and South Dakota to Nebraska, where it would connect with lines to carry oil to Gulf Coast refineries. TransCanada announced in April it was meeting with landowners and starting aerial surveillance of the proposed route. The company hopes to begin construction in early 2019. The Cheyenne River Sioux Tribe, Yankton Sioux Tribe and conservation and family agriculture group Dakota Rural Action appealed to the South Dakota high court after a judge had affirmed state regulators' approval for the pipeline. The Public Utilities Commission initially authorized TransCanada's project in 2010, but the permit had to be revisited because construction didn't start within the required four years. The panel voted in 2016 to accept TransCanada's guarantee that it would meet all conditions laid out by the commission when it first approved that state's portion of the project. Cunha said the company is working to get needed land easements for the pipeline in Nebraska. But Nebraska landowners have filed a lawsuit challenging the Nebraska Public Service Commission's decision to approve a route through the state. Separately in Nebraska, a husband and wife who don't want the proposed Keystone XL pipeline to run through their farm this week deeded a plot of their land to a Native American tribe, creating a potential roadblock for the project. Art and Helen Tanderup signed over a 1.6-acre plot of land to the Ponca Indian Tribe on Sunday. The Ponca enjoy special legal status as a federally recognized tribe. The land has been used as a planting space for sacred Ponca corn for the last five years, and it was chosen in part because it sits on the $8 billion pipeline's proposed route. It's also part of the historic Ponca route that tribe members were forced to take when the U.S. government relocated them to present-day Oklahoma in 1877. "What the impact will be, I don't know," Tanderup said. "But now, they'll have a voice in this issue. They will be a player at the table." It's not clear whether deeding the land to the tribe would hinder the company or create a new legal argument for the Ponca, given their status as a federally recognized Indian tribe. Brad Jolly, an attorney for the Ponca Tribe of Nebraska, said he was focusing more on overturning state regulators' approval of the pipeline in a case pending before the Nebraska Supreme Court. "I haven't gotten to all the what-ifs yet," Jolly said. The Keystone pipeline also faces a potential obstacle in a federal lawsuit brought by Montana landowners and environmental groups seeks to overturn President Donald Trump's decision to grant a presidential permit for the project.
BY STAFF REPORTS
06/15/2018 04:00 PM
CALHOUN, Ga. – The next meeting of the Georgia Chapter of the Trail of Tears Association is set for 10:30 a.m. on July 14 at the Gordon County Historical Society at 345 S. Wall St. This is part three of the chapter’s remembrance of the 180th anniversary of the Cherokee removal. “The Journey To Indian Country” will be presented by past chapter president W. Jeff Bishop. The meeting is free and open to the public. The Trail of Tears Association was created to support the Trail of Tears National Historic Trail established by an act of Congress in 1987. The TOTA is dedicated to identifying and preserving sites associated with the removal of Native Americans from the southeastern United States. The Georgia TOTA chapter is one of nine state chapters representing the nine states that the Cherokee and other tribes traveled through on their way to Indian Territory (now Oklahoma). People need not have Native American ancestry to attend GATOTA meetings, just an interest and desire to learn more about this tragic period in this country’s history. For more information about the May GCTOTA meeting, email Walter Knapp at <a href="mailto: walt@wjkwrites.com">walt@wjkwrites.com</a>.