TFL: Peter Erlinder Arrested in Rwanda(!!!!)

Peter recently drafted a thoughtful article on Minnesota treaty rights. Hope he’s well.

From the Lounge:

William Mitchell Law Prof Peter Erlinder has been arrested in Kigali on charges of denying the Rwandan genocide.  Erlinder is well known for defense work at the International Criminal Tribunal for Rwanda, and was in Kigali representing Victoire Ingabire, a leading opposition candidate herself targeted by Rwandan authorities after she claimed that crimes committed against Hutus during the 1994 genocide were deliberately overlooked.

Here’s a fitting excerpt of the statement released by William Mitchell:

William Mitchell has a 110-year history of legal education that is engaged with the legal profession, and we support and encourage the legal pursuits of our faculty beyond the college. Prof. Erlinder is in Rwanda to represent Victoire Ingabire, an opposition candidate for President of Rwanda who was arrested over accusations of promoting genocide ideology. In traveling to Rwanda, Prof. Erlinder exemplifies the great tradition of lawyers who take on the representation of unpopular clients and causes. That Prof. Erlinder did so at great personal risk demonstrates the strength of his commitment to justice and due process. We support his commitment to justice, the rule of law, and public service, which are the core of the lawyer’s function in society and values Prof. Erlinder works to instill in the students he teaches at William Mitchell.

-Kathleen Bergin

Impact of Oil Spill on Indian Lands

From CNN:

Pointe Aux Chenes, Louisiana (CNN) — The marshes here have long been a refuge for the Native Americans living in Louisiana’s bayou.

“We came to live here because it was marshland, where nobody else wanted to live,” said Chuckie Verdin, the chairman of the Pointe Aux Chenes Indian Tribe.

The tribe is made up of about 700 members whose ancestors were forced from their lands and resettled to Louisiana more than 100 years ago.

That refuge, already strained from coastal erosion, is facing a new menace: the oil spill spreading uncontrollably across the Gulf of Mexico.

Chuckie Verdin looks at sacred tribal burial grounds. The tribe is  trying to protect the area from the invading oil.

Chuckie Verdin looks at sacred tribal burial grounds. The tribe is trying to protect the area from the invading oil.

On Saturday, the same day that the state closed fishing in the area, Verdin addressed some of the tribal members in the town’s cinder block church.

Before the tribal meeting, the members recite a prayer in a French dialect, a language picked up by their ancestors from European settlers generations ago.

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BLT: House Passes Cobell Settlement

From BLT:

House Passes $1B Settlements for Indians, Black Farmers

The U.S. House of Representatives voted today for a jobs-and-tax package that includes approval of two $1 billion-plus settlements for American Indians and black farmers.

The 215-204 vote is a major breakthrough for the settlements, which would serve to end two long-running court cases. Supporters had been working for months to overcome objections, including over the amount to be awarded in attorney fees, without making much progress.

But the settlements still need Senate approval. That won’t happen until the week of June 7 at the earliest, because senators have left Washington for a week-long Memorial Day recess.

Senior Judge James Robertson of the U.S. District Court for the District of Columbia had been hinting at a confrontation with lawmakers if they did not act. In an April 8 hearing, Robertson extended a deadline for the $1.41 billion Cobell settlement until the end of May and said he would invite members of Congress to a hearing if they had not acted by then. That case involves lost royalty funds flowing from the use of natural resources on Indian land.

The Cobell parties have agreed to another extension, this time until June 15. Kilpatrick Stockton co-managing partner William Dorris, a lead attorney for Cobell plaintiffs, said the parties in the litigation can mutually agree to extend the settlement deadline without judicial approval, and that they are notifying Robertson.

“It’s taken some time to get this before Congress. Needless to say, we are appreciative of the House leadership and many others in the House,” Dorris said. “We start the long weekend on an upbeat note.”

D.C. solo practitioner Dennis Gingold, another lead attorney for the Cobell plaintiffs, also said he was pleased with the House vote. “They got it done,” he said.

Three weeks ago, Senate Majority Leader Harry Reid (D-Nev.) tried unsuccessfully to attach the settlements to disaster-relief legislation.

Lawrence Baca on Mary Smith’s Stalled Nomination to the DOJ Tax Division

From ICT:

Mary L. Smith has been nominated to be the assistant attorney general for the Tax Division of the United States Department of Justice. Having been nominated April 20, 2009, she is the longest-standing presidential nominee not to receive a full Senate vote. While I have kept a respectful silence during this process, the time has come when I can be silent no longer. She merits immediate confirmation.

An enrolled member of the Cherokee Nation, Mary Smith is a historic first. When the Senate confirms her, Smith will be the highest ranking Native American in the 140-year history of the Department of Justice and the first Native American to serve as an assistant attorney general. All of Indian country should be outraged that a Native American nominee continues to be denied a full Senate vote more than a year after her original nomination. We must all raise our collective voice and tell President Barack Obama and the Senate to do everything possible to move her nomination to a confirmation vote.

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Keith Harper for the Tenth Circuit Drawing Intense Opposition

From the Tulsa World via Pechanga:

WASHINGTON — The Obama administration is considering a Washington, D.C., attorney and former adviser to the president’s campaign to fill an appeals court vacancy created by the resignation of veteran Judge Robert Henry of Oklahoma, the Tulsa World has learned.

If officially nominated for what is viewed as an Oklahoma seat on the court, Keith Harper is expected to draw strong opposition from key Oklahoma Democrats and Republicans.

The White House move to vet Harper for the slot on the Denver-based 10th U.S. Circuit Court of Appeals is being described as an “insult” to the state and even “stupid.”

Opposition appears to be coalescing around the fact that Harper is not from Oklahoma and the way the White House has excluded certain key players from the process to fill the post.

Republican U.S. Sen. Jim Inhofe vowed to do whatever needs to be done to block the nomination, if it ever gets to the Senate.

Inhofe’s options range from the so-called “blue slip” process, which allows senators to make their wishes known privately on judicial nominations and can be used to kill a nomination, to an outright hold.

“It is stupid,” he said. “If they are serious about doing something with this guy, there were ways they could have done it that would have been much more palatable to us.”

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Yavapai Nation Sues Steptoe & Johnson over Investment Losses

Here is the complaint.

News coverage at Courthouse News Service via Indianz:

PHOENIX (CN) – The Fort McDowell Yavapai tribe claims it lost tens of millions of dollars after attorney at Steptoe & Johnson did not notify it that they had changed terms on loans the tribe had made. The tribe claims it did not have any experience in commercial lending, and Steptoe & Johnson knew that when it began representing the Yavapai in 2005.
In its complaint in Maricopa County Court, the tribe says it borrowed money from its $50 million margin account to fund three loans. When the borrowers defaulted, the tribe says, it lost most of its money.

In 2007, the tribe and Fort McDowell Enterprises say they loaned $16 million to Silverhawk Commons “for the purposes of paying off debt secured by the property and to provide pre-development funds for the development of a 45-acre business park located in Murrieta, Calif.”

The loan guaranty, procured by Drew Ryce with Steptoe & Johnson, guaranteed only losses that the “nation would suffer as a result of certain acts by the guarantors named in the Silverhawk guaranty” and excluded any losses the nation “would suffer as a result of nonpayment by Silverhawk of the Silverhawk loan,” according to the complaint.

Neither the tribe nor Fort McDowell Enterprises received a copy of the guaranty, they claim.

The tribe claims Steptoe & Johnson authorized changes in loan terms without tribal approval. The Yavapai claim the changes included unreasonably high fees that “were paid to third parties that did not benefit the project”; that the loan provided for more than 100 percent financing; and that “the loan was grossly under-collateralized.” Silverhawk Commons defaulted and filed for bankruptcy in 2009, costing the nation its investment, according to the complaint.
Steptoe & Johnson knew that the tribe was using money borrowed “from a credit line obtained by margining its stock and bond investment portfolio,” and knew that the nation “had no knowledge of the risks incurred in commercial lending, such as those reflected in the loans,” but failed to secure tribal approval for changes in the loan term, the tribe claims.

Also, the tribe and We-Ka-Jassa Investment Fund loaned $17.8 million to Mammoth Specialty Lodging after Ryce, the tribe’s general counsel, “assured the tribal council that ‘on the Mammoth deal we are going to make $6-$7 million for sure,'” according to the complaint. But after the tribal council approved the loan, it claims, several changes were made without its approval.

The tribe claims the Mammoth loan “was grossly under-collateralized; it lacked appropriate guaranties; it failed to reflect the completion of adequate due diligence; it reflected the disbursement of excessive fees to the borrower, or to parties associated with or affiliated with the borrower; there was inadequate borrower equity in the project; and no provision was made for repayment of the loan.”

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Sault Tribe Settles with Miller Canfield in Bouschor Case

From the Soo Evening News via Pechanga (and here, too):

A mediation agreement has netted the Sault Tribe of Chippewa Indians $1 million from the law firm of Miller, Canfield, Paddock and Stone, P.L.C. as the firm opted to settle following a hard-bargained session lasting more than 12 hours Tuesday.

“This was a contested case,” said law firm CEO Michael Hartmann on Wednesday afternoon. “No one admitted liability.”
In extricating itself from the pending lawsuit in exchange for $1 million, Hartmann indicated both sides were satisfied with the resolution.

“Everyone thought it was in the best interest of the firm,” he explained.

“On behalf of the board of directors and myself, I’m confident to say this is the best possible outcome for our tribe and the status of the case,” said Tribal Chairman Darwin “Joe” McCoy in a press release issued shortly before 10 a.m. today. “I’m pleased we were able to hold one party responsible for its role in the litigation and that we are free to continue on with the other defendants, soon we can put this behind us as a tribe and move forward.”

The lengthy mediation saw the Sault Ste. Marie Tribal Board of Directors go in and out of open session throughout the day before the final deal was reached.

John Hatch, one of the few tribal members who monitored the day of mediation, said the board was unanimous in its decision.

“I think it was an excellent deal,” said Hatch. “The board did an excellent job.”

Hatch said not only did the Sault Tribe get some of its money back, but it also preserved the abuse of government civil suit against the former chairman, Bernard Bouschor.

His analysis coincides with this morning’s press release which states: “The settlement allows the Sault Tribe to recover a substantial amount of money without the uncertainty of a trial. It also preserves the tribe’s ability to continue its lawsuit against those most responsible for the unauthorized transfer of tribal funds to key employees”

The Sault Tribe has been looking to recover approximately $2.6 million which was distributed to upper-echelon employees in the wake of Bouschor’s 2004 failed re-election bid. Tribal representatives have contended that the payments were illegal and Bouschor did not have the authority to release those individuals with hefty severance packages.

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Little River Compact Amendment Stalled in House

From the Muskegon Chronicle via Pechanga:

FRUITPORT TOWNSHIP — A month ago, a resolution by the state Legislature that would allow for a casino in Fruitport Township seemed to be destined for quick passage.

The resolution — allowing the Little River Band of Ottawa Indians to operate a casino at the former Great Lakes Downs racetrack site — has hit a snag in the state House of Representatives. A vote on the resolution has yet to be taken, a committee hearing concerning the resolution is planned for the coming weeks in Lansing and the House speaker — who is also a candidate for governor — is taking some heat from locals.

State Rep. Doug Bennett, D-Muskegon Township, and Fruitport Township Supervisor Brian Werschem are blaming House Speaker Andy Dillon, D-Redford, for the delay. Area lawmakers expect the resolution to pass if and when it reaches the House floor for a vote.

On the Senate side, Gerald Van Woerkom, R-Norton Shores, said he will not oppose the resolution.

Bennett said typically the speaker sends resolutions directly to the House floor for a vote rather than referring them to a committee.

“There’s nobody holding it up but the speaker,” Bennett said.

“Andy Dillon is intentionally stonewalling this project,” Werschem said.

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Univ. of Michigan Announces Shift in NAGPRA Compliance–Good News!!!!

From the U-M Record Update:

A new federal rule that takes effect today regulating the transfer of Native American human remains provides an important opportunity for U-M to work with Native American communities.

More information
Click here to go to the Web site of the Advisory Committee on Culturally Unidentifiable Human Remains under NAGPRA.

That’s the view of Stephen Forrest, vice president for research. His office will oversee the transfer of human remains controlled by the university but for which no culturally affiliated Indian tribe has been identified.

“Of course we will respectfully comply with the law,” Forrest says. “But more importantly the rule gives us a framework for establishing trust and strengthening working relationships with Indian tribes in Michigan and elsewhere.”

The new rule was adopted as an extension of rules implementing the Native American Graves Protection and Repatriation Act of 1990, which gave standing to lineal descendents and culturally affiliated tribes to seek repatriation of burial remains, funerary objects, sacred objects, and cultural patrimony. It did not address the disposition of culturally unidentifiable human remains.

In the collection of the Museum of Anthropology, U-M has the remains of about 1,600 Native American individuals unidentifiable with an existing tribe.

Forrest says both his office and the Museum of Anthropology are seeking additional staff to facilitate the outreach to tribes, consultations and transfers.

While some are worried that the transfers will limit future research opportunities, Forrest sees it differently.

“Developing trusting relationships may facilitate future communications about ways of asking and answering questions of broad interest to both the university and native communities.”

Last fall Forrest appointed the 12-member Advisory Committee on Culturally Unidentifiable Human Remains under NAGPRA to provide advice and guidance on the procedures used to notify and consult with groups from whose tribal or aboriginal lands the remains were removed.

NAGPRA requires federal agencies and organizations that receive federal funds to submit to the U.S. Department of the Interior inventories of Native American human remains in their possession, and to include their best judgment as to whether the remains are culturally affiliated with a present day Indian tribe or known earlier group, or are culturally unidentifiable because no shared group identity can be reasonably traced.

Culturally affiliated remains are repatriated upon request after a public comment period.

The new rule specifies that after appropriate consultation, culturally unidentifiable remains are to be transferred to a Native American tribe from whose tribal or aboriginal lands the remains were excavated or removed.

Now that the new rule has clarified the process, Forrest says his office will be the university point of contact for requests and will take the necessary steps to facilitate the respectful transfer of Native American human remains in the U-M collection to tribes.

GTB Chair Derek Bailey Appointed to American Indian Education Advisory Council

Great news!!!!!

From Indianz:

President Barack Obama has appointed six people to the National Advisory Council on Indian Education.

The council advises the Department of Education about Indian education issues. It has 16 members.

The new appointees are:

• Thomas R. Acevedo, a member of the Mohegan Tribe of Connecticut
• Derek J. Bailey, the chairman of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan
• Robin A. Butterfield, a member of the Winnebago Tribe of Nebraska
• Robert B. Cook, a member of the Oglala Sioux Tribe of South Dakota
• Deborah Jackson-Dennison, a member of the Navajo Nation
• Alyce Spotted Bear, a member of the Mandan, Hidatsa, and Arikara Nation of North Dakota

Get the Story:

President Obama Announces More Key Administration Posts (White House 5/13)