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  1. #1
    tommywho70x Guest

    Native American Trust Data threat questioned.

    This is deep, but I doubt that anybody other than Scam's expert PC and MAC users and/or Native American (liberal vermin) supporters are going to understand just how deep it really is.

    If you are neither of those types of scamsters, I strongly recommend that you keep your dumb-ascii comments to yourselves, because you are just going to get slapped silly.

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    (NZ Internet G3.8.3 IE6x++) Source JUMP URL: http://www.usatoday.com/news/washing...shutdown_x.htm


    Posted 10/21/2005 2:17 PM


    Agency asks to delay computer shutdown
    WASHINGTON (AP) — The Interior Department on Friday asked for a reprieve from a federal judge's order that the agency disconnect from the Internet all computer systems with access to data related to accounts it manages for thousands of American Indians.
    In a motion filed Friday in federal district and appellate courts, the government said disconnecting the computers would cause "massive injury to the public interest and the operations of government" and that "a broad array of government services will come to a crashing halt."

    U.S. District Judge Royce Lamberth ordered the shutdown on Thursday, saying the department's computer security was so bad, hackers could easily break into the system and access and manipulate the Indians' account information.

    He directed the department to disconnect all but those systems necessary to protect from fire or threats to life, property or national security.

    Department officials say the order would affect as many as 6,000 computers across the country plus "an undetermined number" of others with indirect access to trust information.

    Lamberth's Thursday order was much more extensive than his previous opinions, which required the Bureau of Indian Affairs and other Indian agencies to go off-line to protect trust data.

    In an almost 10-year-old class-action lawsuit, Indians contend the government has cheated them out of more than $100 billion by mismanaging oil, gas, timber and other royalties on their land since 1887. A major issue in the case is whether the government has kept accurate and secure trust data.

    Lamberth has frequently tangled with the department in the case, harshly criticizing its treatment of Indians' trusts.

    On Thursday, he wrote that during tests, government-contracted computer experts were able to access several Interior Department computer systems for days at a time.

    The government argues there is no evidence that any accounts have been hacked or that the damage would be irreparable if they were.


    --------------------------------------------------------------------------------
    Copyright 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

    © Copyright 2005 USA TODAY, a division of Gannett Co. Inc.

  2. #2
    Join Date
    Oct 2005
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    4

    Re: Native American Trust Data threat questioned.

    I am a Native American of the Choctaw tribe and the US gave us patented deeds of land in 1907 and the in the 30''s declared all the patents, deeds, and treaties null and void. Just like every treaty that has been broken in the past 300 years. Crooks, vandals, and embezzlers, have controlled the Bureau of Indian Affairs. Liars and cheats have controlled us for 300 years so why should we Native Americans expect anything different today. We are living in extreme poverty, dirty government shacks, and bankruptcy like we always have since that lowlife Christopher Columbus “discovered a people that had been here since the beginning of time”. We have all been starving except for the few chiefs and councils that have controlled the casinos and fly private jets to Washington on jet fuel while our people starve. The rich Chiefs of the Five Civilized Tribes, and you know who you are, give a small percentage of the billions they make from the eight casinos they profit off tax free to small children’s schools and elderly hospitals as if it is a big deal. Then they have the nerve to hide behind white man's bible. They never give a cent to the individual tribal members who are starving and living in poverty because they are too proud to ask for it. Our tribe has 172,000 members. The tribe made millions and millions last year. Would it hurt for the chief to help the tribal members with just $1000 each to help ends meet? We give almost half a million to Katrina people while the tribal members losing their homes and starving get nothing. Chief Pyle have you ever heard the saying," Charity begins at Home?” It appears not. I will become the Future Tribal chief if you do not help your own people first. You act like that white man crook George Bush, Jr. who gives billions of money for war while your own people are starving and becoming homeless. You give our tribal money away to every one else but your own people. Shame on You. Sincerely, Bearhawk

  3. #3
    tommywho70x Guest

    Re: Native American Trust Data threat questioned.

    Washtay, Bearhawk! Welcome to Scam and thank you for sharing your viewpoint with the 'People of the SCAM Cyber-NATION'. I am a fourth generation Native American child of in-migrated people of the Israelite tribe of Levi and have close associations with people of the Lakota (Sioux), Hochunk (Winnebago), Dineh (Navajo) and Hopi nations.

    Leonard Crowdog and his nephew, Ernie Running of the Rosebud Lakota band have been engaged in a similar struggle as you describe to maintain traditional values and practices for their people and to keep the casinos off their tribal lands since the Wounded Knee occupation of the 1970's. You are well inspired to try to take the position of Tribal chief away from Chief Pyle (of crap?) Good luck to you.

    Traditional Native American church elders who have spoken to me always speak of reconciliation with and enlightenment of the Wasichus and say to try to replace our words of anger like liars and crooks with words like misguided and misinformed. They are listening to the promptings of spirits who are not minions of the Lord YHVH (Father Sky) and his bride, SHECHINAH (Mother Earth).

    In the Hebrew tongue, those spirits are identified (as) demons of the Sitra Achra or OTHER side (team).

    It is up to us living now who listen to the righteous spirits of our ancestors to teach and heal their wrongful ways.

    Ancient legend says that when the Earth is crying and the animals are dying, there will arise a new tribe of people from all races who will rise up in peaceful resistance and break the yoke of oppression that has gripped our world for so long. These children will be called Warriors of the Rainbow.

    WE established OUR presence in a prayer circle at high noon, July 04, 1972 on a mountain in the national forest near Granby, Colorado. Our prayers were heard and confirmed by the hanging of a rainbow in the sky.

    GATEWAY(s) to our home(s) on the web will be found at http://www.welcomehome.org, http://www.welcomehere.org, http://www.rainbowguide.info and http://www.woodstockearth.net

    The unofficial Rainbow Emergency Management Assembly (REMA) now has free kitchens and medical aid stations in several locations on the gulf coast and you will almost certainly find allies among them to help you and your people.

    Aho! Mitakouye Oyasin! - Let it be so! For All My Relations!
    Last edited by tommywho70x; 10-22-2005 at 12:35 PM.

  4. #4
    Join Date
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    Re: Native American Trust Data threat questioned.

    Quote Originally Posted by Yannash
    I am a Native American of the Choctaw tribe and the US gave us patented deeds of land in 1907 and the in the 30''s declared all the patents, deeds, and treaties null and void. Just like every treaty that has been broken in the past 300 years. Crooks, vandals, and embezzlers, have controlled the Bureau of Indian Affairs. Liars and cheats have controlled us for 300 years so why should we Native Americans expect anything different today. We are living in extreme poverty, dirty government shacks, and bankruptcy like we always have since that lowlife Christopher Columbus “discovered a people that had been here since the beginning of time”. We have all been starving except for the few chiefs and councils that have controlled the casinos and fly private jets to Washington on jet fuel while our people starve. The rich Chiefs of the Five Civilized Tribes, and you know who you are, give a small percentage of the billions they make from the eight casinos they profit off tax free to small children’s schools and elderly hospitals as if it is a big deal. Then they have the nerve to hide behind white man's bible. They never give a cent to the individual tribal members who are starving and living in poverty because they are too proud to ask for it. Our tribe has 172,000 members. The tribe made millions and millions last year. Would it hurt for the chief to help the tribal members with just $1000 each to help ends meet? We give almost half a million to Katrina people while the tribal members losing their homes and starving get nothing. Chief Pyle have you ever heard the saying," Charity begins at Home?” It appears not. I will become the Future Tribal chief if you do not help your own people first. You act like that white man crook George Bush, Jr. who gives billions of money for war while your own people are starving and becoming homeless. You give our tribal money away to every one else but your own people. Shame on You. Sincerely, Bearhawk

    Run for cheif then and promise per-capita dispursements to tribal members. The tribes that share mineral/casino earnings with tribal members tend to be more successful than those who run an elitest heirachy.


    interesting excerpt from: http://www.indianz.com/News/2005/007456.asp
    (cut)
    Everson reported a "significant increase" in efforts to avoid paying taxes on casino payments. "While some programs may significantly achieve that goal, we are seeing an increase in abuse of tribal government programs solely to shelter income for members, as well as an increase in aggressive shelter products being marketed to tribes," he wrote.

    Per capita plans must be approved by the Bureau of Indian Affairs but tribes in general are highly protective of the amount they distribute to their members. Estimates vary from $12,000 a month for members of the Pechanga Band of Luiseno Indians to $30,000 a month for members of the Santa Ynez Band of Chumash Indians.
    The letter did not mention any tribes by name but some have come under scrutiny for the way they spend gaming money. The Cheyenne-Arapaho Tribes of Oklahoma halted general welfare payments to members amid a reported FBI investigation.

    The Seminoles of Florida gave each council member a $2 million slush fund from casino revenues to distribute as they wished, according to news reports.
    (paste)

  5. #5
    tommywho70x Guest

    Re: Native American Trust Data threat questioned.

    thank you for not coming off the wall with some wierd right wing crap on this issue, Raider. From an economist's POV, on its surface, per capita of the distribution of the profits is certainly more fair and profitable for the tribes.

    Unfortunately, the problem runs much deeper than distribution of Casino wealth. Though I do not have any statistics to cite and my information is only hearsay from personal contacts within the Lakota, Chippewa, Ojibway and Hochunk nations of the Upper Midwest (aka Uppa US), the casino money in the hands of the people is often doing more harm than good with increased drug and alcohol addiction and irresponsible spending of the money on luxury items while essential needs for their families are not being met.

    Additionally, the towns around the casinos are all experiencing increased levels of violent crime because of gambling addiction.

    Also, the misappropriation of gambling funds is apparently only a small portion of the trust fund that this thread is addressing and I'd like to invite you, with your superior knowledge of micro-economics, to start bringing more information about the long-standing anti-trust litigation here together to discuss.

  6. #6
    Join Date
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    Re: Native American Trust Data threat questioned.

    Quote Originally Posted by tommywho70x
    thank you for not coming off the wall with some wierd right wing crap on this issue, Raider. From an economist's POV, on its surface, per capita of the distribution of the profits is certainly more fair and profitable for the tribes.
    This issue is not right vs. left, it is right vs. wrong. As a defined 15/16th's Euro-American with direct ancestory lineage to the "Mayflower" and the son of a 'Daughter of the Revolution', I am simply a participant in the rich (although young) history of this nation we call America.

    Quote Originally Posted by tommywho70x
    Unfortunately, the problem runs much deeper than distribution of Casino wealth. Though I do not have any statistics to cite and my information is only hearsay from personal contacts within the Lakota, Chippewa, Ojibway and Hochunk nations of the Upper Midwest (aka Uppa US), the casino money in the hands of the people is often doing more harm than good with increased drug and alcohol addiction and irresponsible spending of the money on luxury items while essential needs for their families are not being met.
    This is exactly where the tribal courts have authority to step in and govern their members. If a member is not honoring his/her family, the tribe steps in and justifies intervention. Not the other way around, the tribe should not hold itself above the tribe members as a whole. To do so would be socialism and more and more, the leaders of most tribes have deemed this system as superior to maintain the power they seek.

    Quote Originally Posted by tommywho70x
    Additionally, the towns around the casinos are all experiencing increased levels of violent crime because of gambling addiction.
    You can cite that the culprits are Indian? I don't think you can. The crime rate increase is from criminals of all creeds. Casino's bring money and gullible winners that don't realize that they're being watched and followed after winning. These people become easy targets to criminals willing to maime and steal for ill-gotten gains.

    Quote Originally Posted by tommywho70x
    Also, the misappropriation of gambling funds is apparently only a small portion of the trust fund that this thread is addressing and I'd like to invite you, with your superior knowledge of micro-economics, to start bringing more information about the long-standing anti-trust litigation here together to discuss.
    As far as anti-trust, you will have to cite abuses or show proof where this has occured. If the tribes wish to stay soverign but also seek Federal aid, they must maintain a link with the U.S. Government.

    If it's complete soverignity they seek, they should be careful what they wish for. Americans will not be able to traverse the border into Indian lands without maintaining a passport and perhaps having a travel tax imposed. These soverign lands will also be denied Federal monies and aid without congressional approval. Indian peoples will not be able to traverse to a job or shopping experience without applying for a visa and showing proof of identity while traversing these soverign borders. Soverign nations should also think about maintaing their own military/police/societal services/infastructure/etc.........

    But what do I know, I'm only a stupid right winger that is 15/16th's white.

  7. #7
    tommywho70x Guest

    Re: Native American Trust Data threat questioned.

    I'm glad you recognise the issue as a right/wrong situation and though I neglected to add it in, most indications are that the majority of the new crime that Indian casino communities are experiencing are coming from outside the tribe itself.


    One of your ancestors marry a native, Mr. 15/16th's white guy? What nation? If it's Cherokee, you can get a card and start collecting some of the tribal perks and bennies that have our brother Yannish a wee bit peeved about the 'Five Civilized Tribes'... :D :eek:


    I'm not sure exactly what it is they seek. My friends are mostly upper midwestern and southwestern natives. I know that Crowdog and Ernie Running have been pushing for investment in a resort hotel/spa kind of thing where they could attract tourists for participation in traditional native ceremony and medicine rituals rather than gambling and are very angry with Kevin Costner for what he is doing out there in the Black Hills (he sometimes gets called 'Dances-with-pigs').

    All have deep concerns about the disruption of their traditional cultures, desecration of sacred ground by mining and lumbering and pollution causing disease from their by-products.

    Beyond that, I really don't know and that was the main compelling force that drove me to start this thread in the first place so that we could look at the big picture that is apparently behind this order and the Anti-trust litigation.

    Obviously our next move here needs to be taking a closer look at what that lawsuit is about.

    I'll see what I can find and DRAG&DUMP it in here...('ellipsis')... :confused:

  8. #8
    tommywho70x Guest

    Re: Native American Trust Data threat questioned.

    Woo!

    http://papers.ssrn.com/sol3/papers.c...ract_id=487122







    Paper Stats:
    Abstract Views: 1285
    Downloads: 0 Judge Lamberth's Reign of Terror at the Department of Interior

    RICHARD J. PIERCE Jr.
    George Washington University Law School
    --------------------------------------------------------------------------------

    Administrative Law Journal, Spring 2004


    Abstract:
    In part I of this article, I describe briefly the Indian rights dispute that Judge Royce Lamberth has been adjudicating since 1996. In part II, I describe two types of collateral actions he has taken in the case. He has held five cabinet Secretaries or Assistant Secretaries in contempt, threatened eighty government employees with contempt citations, and twice ordered the Department of Interior to disconnect its computers from the Internet for lengthy periods. In part III, I explain why I believe that these actions were unjustified, extraordinarily costly, and intolerable. In part IV, I describe the mechanisms that are available in the legal system today to limit a judge's ability to engage in such a pattern of action. In part V, I propose a new three-part means of reducing the risk that judges will engage in the kinds of abusive behavior illustrated by Judge Lamberth. I urge circuit courts to adopt a process of asking practitioners to complete anonymous questionnaires in which they provide their opinions with respect to the most important characteristics of a federal judge. The Chief Judge of the Circuit would then use the results as a basis for counseling federal judges who have a tendency to engage in abusive behavior and for imposition of formal sanctions on the rare judge who engages in an intolerable pattern of abusive behavior and who is resistant to informal counseling by the Chief Judge.


    Keywords: administrative law

    Accepted Paper Series

    --------------------------------------------------------------------------------



    Contact Information for RICHARD J. PIERCE JR. (Contact Author)

    Email address for RICHARD J. PIERCE JR.
    George Washington University Law School
    2000 H Street, N.W.
    Washington , DC 20052
    United States
    202-994-1549 (Phone)
    202-994-5157 (Fax)



    Email Abstract or URL


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    Copyright © 2005 Social Science Electronic Publishing, Inc. All Rights Reserved

  9. #9
    tommywho70x Guest

    Re: Native American Trust Data threat questioned.

    More woo!

    http://www.mojones.com/news/featurex.../lamberth.html



    Contempt from Court: The Blistering Eloquence of Judge Royce C. Lamberth
    News: This Federal Court judge makes it clear what he thinks. And for the Indians of the Cobell case, he thinks justice delayed is justice denied.

    By Jonathan Stein

    September 1, 2005




    When Federal District Court Judge Royce C. Lamberth was assigned to Cobell v. Norton nine years ago, it didn’t seem to bode well for the plaintiffs. Lamberth was the fourteenth consecutive white male nominated to the federal bench by Ronald Reagan and had a long background as a government lawyer, including a stint trying field courts-martial in Vietnam for the Pentagon. But Lamberth had a reputation for dealing with cases fairly and his decisions often surprised his conservative backers. That certainly turned out to be the case with Cobell. Since the case’s earliest days Lamberth has consistently sided with the plaintiffs and refused to hide his anger at Interior’s stall tactics, legal maneuvering, and denials of culpability. At times he chides and complains, at others he roars and thunders. He always appears driven by a deep empathy that makes him a true compassionate conservative. And one need not understand the details of Cobell v. Norton to find him entertaining.

    Recently, Lamberth has grown increasingly frustrated, even questioning the power of his own seat in the face of hostility from the government he made a career representing. In his most recent opinion he wrote, “Real justice for these Indians may still lie in the distant future; it may never come at all. This reality makes a statement about our society and our form of government that we should be unwilling to let stand.” For its part, the government is not content to have Lamberth on the ropes. Citing "legal errors and unconventional case management,” they’ve asked that the judge be removed from the case. The Justice Department commented that his ruling from July 12, 2005 "is unlike any other judicial opinion that we have ever seen." Whether or not Lamberth’s vehemence has finally caught up to him remains to be seen, but you can judge his words for yourself. What follows is a sampling of Judge Royce C. Lamberth at his blistering best.

    Memorandum Opinion, Contempt Trial, 2/22/99

    This two-week contempt trial has certainly proved that the court’s trust in the Justice Department was misplaced. The federal government here did not just stub its toe. It abused the rights of the plaintiffs to obtain these trust documents, and it engaged in a shocking pattern of deception of the court. I have never seen more egregious misconduct by the federal government.

    Memorandum Opinion, 12/21/99

    The United States’ mismanagement of the IIM trust is far more inexcusable than garden-variety trust mismanagement of a typical donative trust. For the beneficiaries of this trust did not voluntarily choose to have their lands taken from them; they did not willingly relinquish pervasive control of their money to the United States. The United States imposed this trust on the Indian people. As the government concedes, the purpose of the IIM trust was to deprive plaintiffs’ ancestors of their native lands and rid the nation of their tribal identity.

    Defendants’ cry of “trust us” is offensive to the court and insulting to plaintiffs, who have heard that same message for over one hundred years. While plaintiffs chose to analogize defendants’ allocution to Lucy pulling away the football from Charlie Brown, the court wonders if the tale of The Little Boy Who Cried Wolf would not have been more appropriate—when the same insincere statement is made time and again, the sincere statement is nearly impossible to discern and impossible to rely upon.

    Court Order, 05/17/02

    The defendants’ complaint that the plaintiffs’ proposed preliminary injection order is “designed to undermine the effective operations of the Interior Department” would be laughable if it were not so sad and cynical. The Court has yet to see any “effective operations of the Interior Department” regarding these individual Indian trusts. It is therefore beyond the Court’s comprehension how the defendants’ operations could be undermined by virtually anything the plaintiffs’ could suggest. The record of this case suggests that “fixing the system” has gone so far in the wrong direction that the plaintiffs are worse off today than they were six years ago…

    Memorandum Opinion, 09/17/02

    The Department of Interior’s administration of the Individual Indian Money (“IIM”) trust has served as the gold standard for mismanagement by the federal government for more than a century. As the trustee-delegate of the United States, the Secretary of Interior does not know the precise number of IIM trust accounts that she is to administer and protect, how much money is or should be in the trust, or even the proper balance for each individual account.

    Equally troubling is the manner in which the Department of Interior has conducted itself during the course of this litigation… In short, the Department of Interior has handled this litigation the same way that it has managed the IIM trust–disgracefully.

    In February of 1999, at the end of the first contempt trial in this matter, I stated that “I have never seen more egregious misconduct by the federal government.” Cobell II, 37 F.Supp.2d at 38. Now, at the conclusion of the second contempt trial in this action, I stand corrected. The Department of Interior has truly outdone itself this time.

    This Court need not sit supinely by waiting, hoping that the Department of Interior complies with the orders of this Court and the fiduciary obligations mandated by Congress in the 1994 Act. To do so would be futile. I may have life tenure, but at the rate the Department of Interior is progressing that is not a long enough appointment.

    Memorandum and Order, 03/11/03

    Defendants’ attempts to deceive the Court are only made more repugnant by the fact that, in their opposition brief to plaintiffs’ motion for sanctions, defendants attempted to shift the blame for their misleading statements to plaintiffs, claiming that plaintiffs “play off the inherent ambiguities of such terms as ‘accounting’ and ‘audit.’” Defs.’ Opp. at 9. As dubious assertions go, this ranks down at the bottom with “It depends on what the meaning of the word ‘is’ is.”

    Memorandum and Order, 04/28/03

    Defendants have consistently chosen the coward’s route by failing to provide the IIM beneficiaries with the information that the beneficiaries were entitled to by law, while simultaneously insisting that they were fully complying with their fiduciary obligations to the beneficiaries. Having failed to persuade Congress to pass legislation that would cut off plaintiffs’ claims with respect to all transactions that occurred prior to October 1, 1984, defendants presently invite the Court to make a ruling to the same effect. The Court declines defendants’ invitation.

    Memorandum and Order, 05/21/03

    The appropriations provisions at issue in this matter appear to represent yet another attempt by defendants to evade the rule of law by any means available to them, no matter how duplicitous or underhanded. They also serve to demonstrate defendants’ manifest hypocrisy. For seven years, in response to any ruling with even an attenuated effect on the operations of the Interior Department, defendants have indignantly charged that the Court was undermining the constitutional separation of powers. This purported indignation stands in marked contrast to the alacrity with which defendants utilized the power of the executive branch to apparently persuade the legislative branch to undermine the effect of judicial orders. But this only scratches the surface of defendants’ profound hypocrisy. For in addition to drafting a provision that would restrict the ability of judicial officials to receive compensation, defendants were simultaneously ensuring that their own attorneys would be fully funded at taxpayer expense. Defendants thus have no problem with spending the taxpayers’ money, as long as it benefits them. But when ordered to compensate judicial officers whose appointment was necessitated by their own misconduct, defendants suddenly become born-again fiscal conservatives.



    continued...
    Last edited by tommywho70x; 10-23-2005 at 12:14 AM.

  10. #10
    tommywho70x Guest

    Re: Native American Trust Data threat questioned.

    continued...


    Memorandum Opinion, 09/25/03

    The results of Interior’s failure to take its trust responsibilities seriously are plain today. Although they are citizens of the greatest and most prosperous nation in the world today, the beneficiaries of the IIM trust live under conditions that would not be alien to citizens of the poorest Third World nations. Many of them live in abject poverty.

    On October 25 of this year, they will observe the ninth anniversary of the passage of the 1994 Act. One cannot say that the anniversary will be celebrated, for there is little to celebrate. In nine years, although Interior has paid lip service to the importance of trust management reform, it has taken barely any steps towards the performance of an historical accounting.

    In sum, Interior has cried wolf over and over and over again to the Indians, to Congress, and to the courts. To be sure, there has been some activity — most notably, the creation of a new alphabet soup of bureaucracies. But activity is not the same thing as progress. And Interior has not demonstrated that it has made any progress, either in complying with its obligation to conduct an accounting for the IIM beneficiaries or in complying with its other fiduciary obligations.

    At some point during a confidence game, all but the most credulous individuals realize that they are being duped, and stop playing. For the Court, that point has been reached.

    What has become clear from Interior’s repeated placement of its own interests ahead of the responsibilities that accompany its status as trustee-delegate is that it has failed to recognize a crucial fact about the IIM trust fund. The fund is not the government’s money. It belongs to the beneficiaries. The trust fund is supposed to be administered in their best interest, and not simply in a manner that is most convenient to the government. Instead, throughout its management of the IIM trust fund, Interior has chosen to behave almost as though the IIM trust fund were a toy, one that it need not share with anyone else, one that it can abuse and mistreat if it wants to, and no one can tell it differently. The United States was founded upon the principle that its government derives its powers from the consent of the governed. But Interior has stood this proposition on its head.

    Memorandum and Order, 02/07/05

    The idea that Interior would either instruct or allow BIA to withhold trust payments, and then to stonewall the Indians who dared to ask why, is an obscenity that harkens back to the darkest days of United States-Indian relations. But this idea, no matter how profane and repugnant to the foundational principles of our government, is amply supported in the record by evidence that remains uncontested by any factual proffer from Interior.

    The Court is offended that the individuals responsible for these acts would cite the Court’s Orders as justification; but the perniciousness and irresponsibility demonstrated by blaming the Court pales in comparison to the utter depravity and moral turpitude displayed by these individuals’ willingness to withhold needed finances from people struggling to survive and support families on subsistence incomes. These actions, whether Interior ordered them taken or merely turned a blind eye and allowed them to occur, are a testament to the startling inhumanity of government bureaucracy.

    Memorandum and Order, 07/12/05

    At times, it seems that the parties, particularly Interior, lose sight of what this case is really about. The case is nearly a decade old, the docket sheet contains over 3000 entries, and the issues are such that the parties are engaged in perpetual, heated litigation on several fronts simultaneously. But when one strips away the convoluted statutes, the technical legal complexities, the elaborate collateral proceedings, and the layers upon layers of interrelated orders and opinions from this Court and the Court of Appeals, what remains is the raw, shocking, humiliating truth at the bottom: After all these years, our government still treats Native American Indians as if they were somehow less than deserving of the respect that should be afforded to everyone in a society where all people are supposed to be equal.

    For those harboring hope that the stories of murder, dispossession, forced marches, assimilationist policy programs, and other incidents of cultural genocide against the Indians are merely the echoes of a horrible, bigoted government-past that has been sanitized by the good deeds of more recent history, this case serves as an appalling reminder of the evils that result when large numbers of the politically powerless are placed at the mercy of institutions engendered and controlled by a politically powerful few. It reminds us that even today our great democratic enterprise remains unfinished. And it reminds us, finally, that the terrible power of government, and the frailty of the restraints on the exercise of that power, are never fully revealed until government turns against the people.

    Our “modern” Interior department has time and again demonstrated that it is a dinosaur—the morally and culturally oblivious hand-me-down of a disgracefully racist and imperialist government that should have been buried a century ago, the last pathetic outpost of the indifference and anglocentrism we thought we had left behind.

    The entire record in this case tells the dreary story of Interior’s degenerate tenure as Trustee-Delegate for the Indian trust—a story shot through with bureaucratic blunders, flubs, goofs and foul-ups, and peppered with scandals, deception, dirty tricks and outright villainy—the end of which is nowhere in sight.

    While it is undeniable that Interior has failed as a Trustee-Delegate, it is nevertheless difficult to conjure plausible hypotheses to explain Interior’s default. Perhaps Interior’s past and present leaders have been evil people, deriving their pleasure from inflicting harm on society’s most vulnerable. Interior may be consistently populated with apathetic people who just cannot muster the necessary energy or emotion to avoid complicity in the Department’s grossly negligent administration of the Indian trust. Or maybe Interior’s officials are cowardly people who dodge their responsibilities out of a childish fear of the magnitude of effort involved in reforming a degenerate system…. Perhaps the Indians were doomed the moment the first European set foot on American soil. Who can say? It may be that the opacity of the cause renders the Indian trust problem insoluble.

    The plaintiffs have invited the Court to declare that Interior has repudiated the Indian trust, appoint a receiver to liquidate the trust assets, and finally relieve the Indians of the heavy yoke of government stewardship. The Court may eventually do all these things—but not yet. Giving up on rehabilitating Interior would signal more than the downfall of a single administrative agency. It would constitute an announcement that negligence and incompetence in government are beyond judicial remedy, that bureaucratic recalcitrance has outpaced and rendered obsolete our vaunted system of checks and balances, and that people are simply at the mercy of governmental whim with no chance for salvation. The Court clings to a slim and quickly receding hope that future progress may vitiate the need for such a grim declaration.

    This hope is sustained in part by the fact that the Indians who brought this case found it in themselves to stand up, draw a line in the sand, and tell the government: Enough is enough—this far and no further. Perhaps they regret having done so now, nine years later, beset on all sides by the costs of protracted litigation and the possibility that their efforts may ultimately prove futile; but still they continue.

    Real justice for these Indians may still lie in the distant future; it may never come at all. This reality makes a statement about our society and our form of government that we should be unwilling to let stand. But perhaps the best that can be hoped for is that people never forget what the plaintiffs have done here, and that other marginalized people will learn about this case and follow the Indians’ example.


    Jonathan Stein is an editorial intern at Mother Jones.





    This article has been made possible by the Foundation for National Progress, the Investigative Fund of Mother Jones, and gifts from generous readers like you.

    © 2005 The Foundation for National Progress

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  11. #11
    tommywho70x Guest

    Re: Native American Trust Data threat questioned.

    Here is the main page for the IndianTrust: COBELL v. NORTON case:

    http://www.indiantrust.com/

    Overview Media Documents Contact Case Overview
    Case Chronology
    Bio
    Appearances
    Who is a Beneficiary?News Articles
    Editorials
    Press Releases
    Interviews
    OtherCourt
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    Transcripts
    OtherCourt Opinions
    Master Opinions
    Monitor Opinions
    Master Letters
    Monitor LettersPleadings
    LettersContempt I
    Trial I
    Contempt II
    Hearings
    Depositions
    Other
    Trial 1.5
    IT Security Trial
    Site Map Contact Sunday, October 23 2005



    Enter your email address below to receive Indian Trust updates by email.








    Congress and the Individual Indian Trust

    My fellow trust beneficiaries,

    Almost six months ago, Senator McCain asked me to work with Indian Country to reach a consensus on finding a solution to one of America's last, great injustices: the mismanagement of Indian Trusts. Over the course of several months, Native American leaders from all across this great country were consulted.

    In the end, we agreed on 50 trust principles, a roadmap to resolution of this national shame. We share an interest in an equitable legislative solution to this century-old scandal.

    I was disappointed that most of the 50 trust principles that Indian Country put forth to the Congress are not incorporated in the draft legislation.

    However, I look forward to working with Chairman McCain and Vice-Chairman Dorgan and the members of the Committee on Indian Affairs to implement the trust principles that we submitted in June. Those principles are the views of Indian Country.

    Any legislation that has a hope of gaining the support of Indian Country has to strongly reflect those views. This is a historic issue that all of Indian Country has rallied behind. Historic issues require historic solutions.

    We have a long way to go, but I am confident that the Committee shares my view that we have to end with a bill that all of Indian Country can support.

    The proposed bill is not in accord with important judicial rulings made over the nine years of Cobell litigation. An equitable settlement must honor and reflect the judicial decisions from the many hard fought victories won in the District Court and United States Court of Appeals.

    For nine years, Native American owners of individual trust lands have sought justice in the courts. For nine years, they have won victory after victory on the merits of their case. For nine years, government lawyers have subverted justice with a strategy of obstruction, delay, and misrepresentation. For their misdeeds, government officials - both Democrats and Republicans - have been routinely and repeatedly sanctioned and held in contempt of court. Moreover, the government has spent more than $1 billion dollars on bogus fixes to the system and their own lawyers.

    The district court has already ruled that plaintiffs are likely to prevail in this litigation - a string of unqualified victories on the merits makes this a certainty. However, it might take years to reach a resolution if the government continues its policy of obstruction and delay. Too many generations have already died without justice.

    Members of the Committee asked Indian leaders to come together behind a unified set of principles reflecting the concerns of Indian Country. After five months of consultations and deliberations taking into account decades of hard experience, we delivered on that request. The degree of unity reflected in these principles is without precedent.

    I look forward to the public hearings and to vigorous and constructive participation in the legislative process. I also look forward to the anticipated involvement of the House of Representatives Committee on Resources, which has been dealing with these issues as well.

    Elouise Cobell

    There is no restriction on oral (spoken) communications between the government and Individual Indian trust beneficiaries, including those who wish to sell, exchange, convey or convert their Trust land. The U.S. District Court for the District of Columbia confirmed this on October 22, 2004; however, written communications from the BIA and other bureaus or offices within the Interior Department concerning the sale, exchange, conveyance, and conversion of Trust land (and the historical accounting) must include a Notice prescribed by the Court.

    Click here to view the Memorandum & Order governing land sales.
    224.0 KBs


    10/22 Tribes owed accounting for lost trust funds; Guest column in Washington State Newspaper

    10/21 Plaintiffs' Opposition. Plaintiffs oppose contemnors' efforts to block plaintiffs' discovery into the Levine retaliation and related matters. 71.1 KBs

    10/21 Plaintiffs' Response. Plaintiffs correct DOJ's misunderstanding regarding the presence of intrusion detection systems at the DOI-National Business Center. 645.0 KBs

    10/21 NORTON SHOWS CONTINUED DISREGARD FOR INDIAN TRUST RECORDS

    10/20 INTERIOR MUST DISCONNECT ITS COMPUTERS FORTHWITH

    10/20 Preliminary Injunction. The district court enters a preliminrary injunction requiring that the Department of the Interior information technology systems be severed from the Internet and any other connection to any other computer. 542.5 KBs

    10/14 FEDERAL APPEALS COURT JUDGES SKEPTICAL OF LATEST GOVERNMENT CLAIM IN LONG-RUNNING INDIAN TRUST CASE

    10/13 Plaintiffs Notice. Plaintiffs file a notice with the court of appeals regarding additional authorities. 398.2 KBs

    10/11 Plaintiffs Notice. Plaintiffs submit a notice to the court of appeals regarding Norton's ongoing destruction of trust records at the National Archives. 4.0 MBs

    10/06 Plaintiffs Notice. Plaintiffs provide the court of appeals notice of additional authority in advance of oral argument, scheduled for October 14, 2005. 3.0 MBs

    09/06 Inspector General Report. Inspector General details its findings regarding Interior's failing information technology systems. 4.5 MBs

    10/03 Reply. Ronnie Levine files her reply in support of plaintiffs contempt motion that Hord Tipton, Kathleen Clarke, Larry Benna, Selma Sierra and Joel Hurford should be held in contempt of court. 211.3 KBs

    10/03 Plaintiffs Notice. Plaintiffs provide notice to the court of an Inspector General report regarding the security of Interior's IT systems. 26.9 KBs

    09/30 Plaintiffs Notice. Plaintiffs notice Robert Hatfield for deposition. 41.8 KBs

    09/30 Plaintiffs Notice. Plaintiffs provide the Court notice that Norton and her senior managers continue to retaliate against beneficiaries. 115.3 KBs

    09/29 Who says BIA hasn't been busy? Editorial from Idaho

    09/29 INTERIOR'S NATIONAL BUSINESS CENTER IS HACKED AGAIN; WIDESPREAD COMPUTER SECURITY PROBLEMS CONTINUE TO PLAGUE ITS NETWORKS

    09/28 Mismanaged Indian trust is a scandal; The federal government stalls paying its debt to Native Americans

    09/27 Just settle with Indians to end debacle: Editorial from Washington State

    09/26 Plaintiffs Notice. Plaintiffs inform the court of appeals about defendants' ongoing document destruction. 373.8 KBs

    09/22 If Indian Trust case goes bad, fire the judge! An editorial

    09/22 Plaintiffs' Response. Plaintiffs correct Norton's misunderstanding -- Lawrence Benna and Selma Sierra have now conceded plaintiffs' contempt motion regarding retaliatory actions taken against an Interior employee for her testimony in this case. 15.7 KBs

    09/21 GOVERNMENT CAUGHT DESTROYING MORE INDIAN RECORDS IN VIOLATION OF COURT ORDERS

    09/21 A frustrating tale of non-accountability; Editorial from New Hampshire

    09/19 Check the Records, Mr. Swimmer : A Rebuttal To Interior's Latest Claims of No Problems With the Trust Accounts




    Home | Privacy Policy | Site Map

    Copyright ©2005 Blackfeet Reservation Development Fund, Inc. All rights reserved.

    Developed by www.gslsolutions.com.

    tommywho70x asks yannash a question: are the Blackfeet one of the 'Five Civilized Tribes' you refer to?

    Also, are the Blackfeet elders the people who led the struggle to have native people's bones and sacred artifacts returned from museums?
    Last edited by tommywho70x; 10-23-2005 at 12:45 AM.

  12. #12
    Lenny Loosejocks Guest

    Re: Native American Trust Data threat questioned.

    Deeply disturbing!
    Midnight Oil - Beds are Burning.
    (Relates to the treatment of Australian Aborigines.)
    It's relevant!
    Out where the river broke
    The bloodwood and the desert oak
    Holden wrecks and boiling diesels
    Steam in forty five degrees
    The time has come
    To say fair's fair
    To pay the rent
    To pay our share
    The time has come
    A fact's a fact
    It belongs to them
    Let's give it back
    How can we dance when our earth is turning
    How do we sleep while our beds are burning
    Four wheels scare the cockatoos
    From Kintore East to Yuendemu
    The western desert lives and breathes
    In forty five degrees

  13. #13
    tommywho70x Guest

    Re: Native American Trust Data threat questioned.

    Lenny, it's very relevant, but as Raider pointed out, the structure of Native American NATIONS presents a serious challenge as to how to return sovereign control of their REAL ESTATE to them without upsetting a lot of apple carts.

    How would that work in Australia? Surely one advantage your govt. would have over ours is the vast difference in population densities.

    Raider wrote:
    If it's complete soverignity they seek, they should be careful what they wish for. Americans will not be able to traverse the border into Indian lands without maintaining a passport and perhaps having a travel tax imposed. These soverign lands will also be denied Federal monies and aid without congressional approval. Indian peoples will not be able to traverse to a job or shopping experience without applying for a visa and showing proof of identity while traversing these soverign borders. Soverign nations should also think about maintaing their own military/police/societal services/infastructure/etc.........
    Last edited by tommywho70x; 10-23-2005 at 12:53 AM.

  14. #14
    Lenny Loosejocks Guest

    Re: Native American Trust Data threat questioned.

    Quote Originally Posted by tommywho70x
    Lenny, it's very relevant, but as Raider pointed out, the structure of Native American NATIONS presents a serious challenge as to how to return sovereign control of their REAL ESTATE to them without upsetting a lot of apple carts.

    How would that work in Australia? Surely one advantage your govt. would have over ours is the vast difference in population densities.

    Raider wrote:
    If it's complete soverignity they seek, they should be careful what they wish for. Americans will not be able to traverse the border into Indian lands without maintaining a passport and perhaps having a travel tax imposed. These soverign lands will also be denied Federal monies and aid without congressional approval. Indian peoples will not be able to traverse to a job or shopping experience without applying for a visa and showing proof of identity while traversing these soverign borders. Soverign nations should also think about maintaing their own military/police/societal services/infastructure/etc.........
    Was the sovereignty of the Indian Nations ever recognised in the first place? If not, it's not about returning it too them, but rather granting it. If the U.S. grants sovereignty the the indigenous people, then it would mean that non-indigenous Americans would no longer have a country. That's the guts of it, IMHO!

    In Oz, we recognise that we took the Mother away from the Aborigines. (The land is their Mother and they look after it like it was their Mother.)

    We are in the process of giving (through the courts) Title to the land we have taken and then we lease it back from ATSIC (Aboriginal and Torres Strait Islander Commission) which is run by and answers to representatives of the Aboriginal Communitees. The land includes mining leases, National Parks and huge tracts of farming land as well as rivers, islands and deserts. (beats giving casinos! How rediculous is that?)

    If there are sacred areas where non Aborigines are forbidden, it is illegal to enter.

    Uluru (Ayres Rock) has long been considered a tourist destination and people have clambered all over it. Since the Rock was handed back to the rightful owners, very few people show disrespect for the Aboriginals request not to climb.


  15. #15
    tommywho70x Guest

    Re: Native American Trust Data threat questioned.

    It must have been or their wouldn't have been all those wars to beat them out of their lands now would there?

    Native Americans have a similar relationship with Mother Earth and Father Sky as the Oz-landers. Some of the most poignant expressions of that will be found easily on the net by running a search on Chief Seattle. The books Black Elk Speaks and In the Spirit of Crazy Horse also tell the story.

    In the Bible, the expression most closely related that I know of is King David's Psalm 24

    A few years back, I heard a sketchy report about a tribe/clan or whatever you call them of aboriginal 'Dream Walkers' who were intentionally extincting themselves by refusing to breed because of the future their dreams foretold.

    Do you know anything about them?

    Also, do you know where I can find any solid publications on the Myth of the Rainbow Serpent in the oral traditions of the Oceanian peoples?

  16. #16
    Lenny Loosejocks Guest

    Re: Native American Trust Data threat questioned.

    Quote Originally Posted by tommywho70x
    It must have been or their wouldn't have been all those wars to beat them out of their lands now would there?

    Native Americans have a similar relationship with Mother Earth and Father Sky as the Oz-landers. Some of the most poignant expressions of that will be found easily on the net by running a search on Chief Seattle. The books Black Elk Speaks and In the Spirit of Crazy Horse also tell the story.

    In the Bible, the expression most closely related that I know of is King David's Psalm 24

    A few years back, I heard a sketchy report about a tribe/clan or whatever you call them of aboriginal 'Dream Walkers' who were intentionally extincting themselves by refusing to breed because of the future their dreams foretold.

    Do you know anything about them?

    Also, do you know where I can find any solid publications on the Myth of the Rainbow Serpent in the oral traditions of the Oceanian peoples?
    Unless the sovereignty of a nation is formally recognised by a government before it is taken away, then it cannot be returned, can it?

    As far as I can remember, the 'Dream Walkers' are much like priests. They interperet their dreams into stories about creation and as an explanation for the existence of things.

    There is the story (all from memory) of how the Red Tailed Black Cockatoo got it's red tail. It was just an ordinary Black Cockatoo (they still exist) but it disobeyed an order to fly away when the bush was set on fire. It's a bush rebirthing technique still used by Aborigines. It promotes new growth and causes some plants to fruit. It also traps and cooks lizards, snakes and roos, too.

    Anyway, the bird was so stupid that it flew right through the flames to escape and it's tail caught on fire. To this day, the Red Tailed Black Cockatoo is considered a stupid bird.

    As for hard covers on the Rainbow Serpent, I will check my extensive library.

    Last edited by Lenny Loosejocks; 10-23-2005 at 03:35 AM.

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