With Support of Navajo Nation, Lezmond Mitchell Asks Pres. Trump to Commute His Death Sentence Before August 26 Execution Date

With Support of Navajo Nation, Lezmond Mitchell Asks President Trump to Commute His Death Sentence Before August 26 Execution Date

Navajo President to Appear Before U.S. Pardon Attorney Today, Stating in New Letter that Mitchell’s Commutation Would Honor “Our Religious and Traditional Beliefs”

(Washington, D.C.) Navajo Nation President Jonathan Nez personally appealed to U.S. President Donald Trump to request clemency for Lezmond Mitchell, the only Native American person under a federal death sentence. President Nez is scheduled to appear before the U.S. Pardon Attorney later today to personally advocate on behalf of Mr. Mitchell’s petition for executive clemency.

In a letter [https://tinyurl.com/y59d3a9v], President Nez and Vice President Myron Lizer called on the American president to demonstrate respect for the Navajo Nation’s tribal sovereignty by commuting Mr. Mitchell’s sentence to life imprisonment with no possibility of release. He pointed to the tribe’s steadfast opposition to Mr. Mitchell’s execution in light of the tribe’s long-standing position on the death penalty for Native Americans, and noted,

“The United States Department of Justice sought the death penalty against Mr. Mitchell despite the Navajo Nation’s public opposition, against the express wishes of the victim’s family, and ostensibly against the recommendation of the U.S. Attorney for the District of Arizona. The Navajo Nation is respectfully requesting a commutation of the death sentence and the imposition of a life sentence for Mr. Mitchell. This request honors our religious and traditional beliefs, the Navajo Nation’s long-standing position on the death penalty for Native Americans, and our respect for the decision of the victim’s family…We need to address this issue to move forward in our trust of our federal partners and to continue to work on the importance of protecting our People.”

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NBC: “Federal agency to reopen 53 Native American schools despite coronavirus fears”

Here.

HCN: “Contested water settlements inflamed the Navajo Nation’s health crisis”

Here.

Muscogee (Creek) Nation Announces Appointments to Mvskoke Reservation Protection Commission

Here.

MoJo: “How Native Tribes Started Winning at the Supreme Court”

Here.

News Media Writers: Please Stop Saying “Half” of Oklahoma is “Indian Lands” or “Indian Territory” — It’s Not (Yet)

In a bit, I will publish a post recommending Turtle Talk readers check out the Mother Jones article “How Native Tribes Started Winning at the Supreme Court.” It’s an excellent read on how the Tribal Supreme Court Project started after tribal interests lost 4 out of 5 cases in 2001 and first met (on 9/11 in D.C. while the Pentagon was burning) to figure out how to stop losing so much.

But the subtitle . . . “In July, the court ruled that half of Oklahoma is an Indian reservation. The decision was two decades in the making.” No good. IT IS NOT TRUE THAT HALF OF OKLAHOMA IS OWNED BY INDIAN TRIBES. Stop it.

The McGirt case involved the Muscogee (Creek) Nation’s reservation, which is maybe 10 percent of Oklahoma (I don’t know the exact amount). Yeah, four other tribes (Cherokee, Choctaw, Chickasaw, and Seminole), and maybe others have similar histories and can expect to benefit from the McGirt case. If you count all the Five Tribes you might get to 40 percent.

Here’s the NYTs map that shows the land areas of all of the five tribes likely affected by McGirt:

scotus-oklahoma-Artboard_1_copy

Half? Sure, whatever.

Here’s the same one with the Creek rez circled (the purple dot in what is probably Roger Mills or Beckham county is an error, I was trying to stab Custer in Custer County but I missed):

Inkedscotus-oklahoma-Artboard_1_copy_Creek

That’s the area covered by McGirt. That’s all (for now anyway). There will be lawsuits that address the other reservations in time, see, e.g., here). But for now, this is it.

News writers, don’t be the State of Oklahoma, trying and failing to win this case by mischaracterizing McGirt’s claims by invoking the “half of Oklahoma” thing (here, page 1 of the argument, page 16 of the pdf).

Stop it!!!!

Bad actors (bad!) include:

SCOTUSblog (“entire eastern half of Oklahoma” — really?! — but from these guys I expect it — an angel dies every time someone clicks on SCOTUSblog)

NPR (“Supreme Court Rules That About Half Of Oklahoma Is Native American Land”)

S&P Global (“a large swath of land (approximately 19 million acres that is home to roughly 48% of the state’s population) in eastern Oklahoma (AA/Negative) as tribal reservation land for purposes of federal criminal law”; loving the reference to Oklahoma’s bond rating though)

Julian Brave NoiseCat in the Atlantic (“Or, put more plainly, 19 million acres composing 47 percent of the state of Oklahoma—an area that’s home to 1.8 million people—is still Native land.”)

Heritage Fundation guy. (“This is especially important now that the Supreme Court has determined that almost half of Oklahoma is, in fact, tribal land.”)

National Law Review (“half the State of Oklahoma – 113 years after it was admitted as the 46th State in the Union – being declared ‘Indian Lands’ and given back to the Creek Nation Native Americans”)

A few others, most of whom have since changed their headlines because apparently there is no memory on the internet.

How about this one? SCOTUS Holds Creek Reservation is Indian Country

That’s enough. These are good people, good places (mostly, looking at you SCOTUSblog). We love you and we’ll keep posting your great work.

Everyone. Just. This. One. Thing.

 

 

 

 

NYTs Profile of Patty Mills

Here.

Patty Mills is Indigenous from Australia and a key figure in the BLM and related movements in the NBA.

Marshall Project Profile of Post-McGirt Criminal Jurisdiction in Oklahoma

Here.

And, yes, we know the Marshall Project headline is inaccurate, but High Country News (publishing in tandem with M.P.) did it better: “How the Supreme Court upended a century of federal Indian law.

 

NYTs: “A Historic Supreme Court Ruling Upends Courts in Oklahoma”

Here.

NPR: “More Than 1 Thousand Acres Of Esselen Ancestral Land Returned To Tribe”

Here.