Criminal

AG Nominee Jeff Sessions Testifies on VAWA 2015 Tribal Court Jurisdiction(Sorta)

Matthew L.M. Fletcher1 Comment

Here is the CSPAN transcript and video link.

Here are excerpts (taken from uncorrected closed captioning) from the testimony at 1:41:48:

SO, WHEN WE VOTED IN THE COMMITTEE, EIGHT OF THE NINE REPUBLICANS VOTED AGAINST THE BILL. ONE OF THE MORE CONCERNINGPROVISIONS WAS A PROVISION THAT GAVE TRIBAL COURTS JURISDICTION TO TRY PERSONS WHO WERE NOT TRIBAL MEMBERS. AS CONTRARY, I BELIEVE THE ONLY TIMEHAT GAVE TRIBAL COURTS JURISDICTION TO TRY PERSONS WHO WERE NOT TRIBAL MEMBERS. AS CONTRARY, I BELIEVE THE ONLY TIME THAT’S EVER HAPPENED, THAT WAS A BIG CONCERN THAT I RAISED I BELIEVE PRIMARILY. ON THE LEGISLATION, SO I VOTED WITH THE CHAIRMAN AND THE LEGISLATION HE HAD THAT I THOUGHT DID THE JOB FOR PROTECTING WOMEN, TO REAUTHORIZE THE VIOLENCE AGAINST WOMEN ACT, BUT AT THE SAME TIME, DID NOT HAVE OTHER THINGS ATTACHED TO IT THAT I THOUGHT WERE CONCERNING.

At 1:43:31:

MR. CHAIRMAN, I HAVE NO UNDERSTANDING OF THAT. BUT IN OTHER RESULT, OF IT SO FAR, I’M INTERESTED FIRST TIME I’VE HEARD IT COMING ON. LET ME SAY THIS TO YOU DIRECTLY. IN MEETING WITH SENATORS PRIOR TO THIS HEAR, I’VE HAD QUITE A NUMBER, PERHAPS MORE THAN ANY OTHER ISSUE THAT NONINDIANS THAT HAVE GONE ON TO TRIBAL LANDS THAT HAVE COMMITTED CRIMES INCLUDING RAPE HAVE NOT BEEN EFFECTIVELY PROOS CUTED. THEY HAVE BEEN PROSECUTED IN THE FEDERAL GOVERNMENT BY THE UNITED STATES ATTORNEYS AND THAT HAS NOT BEEN HAPPENING SUFFICIENTLY. I AM NOT CONVINCED, SO I DO THINK THE FBI PARTICULARLY MAYBE THE BUREAU OF THE INDIAN AFFAIRS INVESTIGATEORS SHOULD BE BEEFED UP AND THE U.S. ATTORNEYS NEED TO DO PROBABLY A BETTER JOB OF PROSINGING CASES THAT NEED TO BE PROSECUTED IN FEDERAL FORTCOURT.

And at 1:44:58:

I WOULD DEFEND THE STATUTE IF IT’S REASONABLY DEFENSIBLE. YES, IT’S PASSED BY CONGRESS. IT WOULD BE THE DUTY OF THE ATTORNEY GENERAL. WHETHER THEY VOTED FOR IT OR SUPPORTED IT, TO DEFEND IT.

Federal Indictment against Former Paskenta Band Leaders Alleging $6M in Embezzlement

Matthew L.M. Fletcher2 Comments

Here is the indictment in United States v. Crosby (E.D. Cal.):

federal-indictment

News coverage here.

Federal Court Refuses to Vacate Sentence of Man Convicted of Bribing Ho-Chunk Nation Leaders

Matthew L.M. Fletcher1 Comment

Here are the materials in Whiteagle v. United States (W.D. Wis.):

1-motion-to-vacate-sentence

4-opposition

6-reply

11-dct-order

An excerpt:

In August 2012, after an 8-day trial, a jury found petitioner Timothy Whiteagle guilty of twelve counts relating to bribing and conspiring to bribe a Ho-Chunk Nation legislator to secure favorable treatment for three different vendors wishing to do business with the Nation. United States v. Whiteagle, Case No. 11-cr-65-wmc-1. On October 24, 2012, this court sentenced him to serve 120 months in prison, to be followed by 3 years of supervised release. Petitioner filed and lost motions for acquittal, a new trial, resentencing, and a direct appeal. He has now filed a motion for post-conviction relief under 28 U.S.C. § 2255, arguing that his conviction should be vacated for numerous reasons. Because none of petitioner’s challenges support overturning his conviction, the court will deny the motion.

Eighth Circuit Rejects Challenge to North Dakota Jury Selection Process (No Native Jurors, Usually)

Matthew L.M. Fletcher

Here is the opinion in United States v. Garcia.

The syllabus:

Defendant failed to avail himself of the 
   right to inspect jury selection records, and the district court did not 
   err in failing to order sua sponte that those records be made available to 
   him; claim that the jury did not represent a fair cross section of the 
   community and that the jury selection process used by the district court 
   improperly excluded Native Americans from the venire is rejected; this 
   court has previously upheld North Dakota's jury selection plan, which 
   draws its pools of prospective jurors randomly from lists of persons who 
   voted in the last presidential election; jury administrator's testimony 
   that there were not usually one or two Native Americans on the potential 
   jury panel did not constitute a prima facie showing that Native Americans 
   have been substantially under-represented on venires over a significant 
   period of time.

 

Eighth Circuit Holds New Town is “Indian Country”

Matthew L.M. Fletcher

Here is the opinion in United States v. Bear.

The court’s syllabus:

Defendant's argument that New Town, where his 
   crime occurred, is not part of the Fort Berthold Reservation is rejected, 
   and the district court did not err in determining that defendant was 
   properly subject to federal prosecution.

538 Profile: “Police Violence Against Native Americans Goes Far Beyond Standing Rock”

Matthew L.M. Fletcher1 Comment

Here. 

Federal Claims Court Dismisses Menominee Sex Offender Claim

Matthew L.M. Fletcher

Here are the materials in Zhuckkahosee v. United States (Fed. Cl.):

11 Motion to Dismiss

12 Opposition

13 Reply

16 Order

Ninth Circuit Remands Two Appeals Affected by U.S. v. Bryant

Matthew L.M. Fletcher

Here are the materials in United States v. Stewart.

Unpublished opinion

US Brief

Here are the materials in United States v. Kirkaldie.

Unpublished opinion

US Opening Brief

DOJ is Expanding the TAP Program

Victoria Sweet

The Department of Justice is expanding the Tribal Access Program (TAP) for National Crime Information which provides federally-recognized tribes access to national crime information databases for both civil and criminal purposes.  Tribes interested in participating in TAP must submit a letter or resolution from the tribe’s governing body by December 2, 2016.

Full announcement and application details: tpa-phase-1-announcement-final

Ninth Circuit Briefs in Tulalip School Shooting-Related Conviction

Matthew L.M. Fletcher1 Comment

Here are the materials in United States v. Fryberg:

fryberg-opening-brief

answer-brief