Department of Justice

Administrative Conference Recommends Repeal and Replacement of Section 1500

Matthew L.M. Fletcher3 Comments

Tribal support needed. Here are the materials:

S 1500_ Revised draft recommendation _ 09202012

ACUS 1500 Tribal Views Letter

DOJ Statement Re Section 1500 Proposal

From DOJ:

The Department of Justice is seeking input from tribal leaders to assist the Department in formulating the official position it will take on a proposal that will be considered in early December 2012 by the Administrative Conference of the United States, of which the Department is a member. The proposal, which did not originate at the Department of Justice, would recommend to Congress that it repeal and replace 28 U.S.C. 1500, a Federal statute that prohibits consideration by the United States Court of Federal Claims of otherwise cognizable claims if the plaintiff also has pending litigation against the United States in any other court based on substantially the same operative facts, regardless of the type of relief sought. Additional information regarding the statute and the proposal are included in the attached letter and enclosures.

WaPo Article on Justice Department’s Eagle Feathers Policy

Matthew L.M. Fletcher1 Comment

Here. h/t PropertyProf Blog.

An excerpt:

Doug Craven, the natural resources director for the Little Traverse Bay Bands of Odawa Indians in Michigan, said tribal members there frequently encounter feathers from around 25 bald eagle nesting sites on their reservation. But it wasn’t always clear to them whether they could keep the feathers for ceremonial use or if they’d have to send them off to a repository.

“They feel that’s been gifted to them and they have a responsibility for that feather,” said Craven, who was part of a group consulting with the Justice Department on the eagle feather policy. “This policy supports that.”

Yay! It’s nice no longer being a crook.

DOJ Issues New Eagle Feather Policy re: Tribal Members

Matthew L.M. Fletcher2 Comments

Here. The full policy is here.

From the press release:

The policy provides that, consistent with the Department of Justice’s traditional exercise of its discretion, a member of a federally recognized tribe engaged only in the following types of conduct will not be subject to prosecution:

·          Possessing, using, wearing or carrying federally protected birds, bird feathers or other bird parts (federally protected bird parts);

·          Traveling domestically with federally protected bird parts or, if tribal members obtain and comply with necessary permits, traveling internationally with such items;

·          Picking up naturally molted or fallen feathers found in the wild, without molesting or disturbing federally protected birds or their nests;

·          Giving or loaning federally protected bird parts to other members of federally recognized tribes, without compensation of any kind;

·          Exchanging federally protected bird parts for federally protected bird parts with other members of federally recognized tribes, without compensation of any kind;

·          Providing the feathers or other parts of federally protected birds to craftspersons who are members of federally recognized tribes to be fashioned into objects for eventual use in tribal religious or cultural activities.

BIA/DOJ Tribal Court Training Announcements

Matthew L.M. Fletcher

Here:

Training Announcement (Trial Advocacy)-Chinle, AZ

Training Announcement (Trial Advocacy)-Seattle, WA

Prior announcement was here.

Joint Interior-Justice Tribal Court Advocacy Programs for Tribal Prosecutors

Matthew L.M. Fletcher

Here:

Interior Press Release on Trial Ad Programs

Trial Advocacy Training Announcement (Great falls, MT)

Trial Advocacy Training Announcement (Ignacio, CO)

From the press release:

A pilot training session on domestic violence held by the OJS and the ATJ in August 2011 in Rapid City, S.D., proved so successful that the OJS and its federal partners provided funding for seven additional sessions. The first of those, which focused on illegal narcotics, was held March 13-15, 2012, in Phoenix, Ariz. Each of the six remaining sessions, to be held through the rest of 2012 and into 2013, will focus on one training topic. The schedule for the coming sessions is:

• July 24-26, 2012, Duluth, Minn.
• August 14-16, 2012, Durango, Colo.
• September 11-13, 2012, Great Falls, Mont.
• October 2-4, 2012, Seattle, Wash.
• October 23-25, 2012, Chinle, Ariz.
• January 15-17, 2013, Albuquerque, N.M.

DOJ Consultation on Proposed Eagle Feathers Policy

Matthew L.M. Fletcher1 Comment

Materials here:

Eagle feather letter — includes the relevant logistics

Consultation on Proposed DOJ Eagle Feathers Policy – Framing Paper

Defending Childhood Task Force to Hold Detroit Hearing April 23-24, 2012

Adrea Korthase

From the information provided here:

The Defending Childhood Task Force is interested in hearing from community members and professionals working with children and families who have experienced violence, and those who have personally experienced children’s exposure to violence, both as victims and witnesses.

The National Council on Crime and Delinquency site on the topic is here and has information on past task force hearings.

Report Alleges Lack of Emergency Contraception Violates TLOA and DOJ Protocols

Adrea Korthase

An article from Mother Jones here.

The report is here.

DOJ Announces Grant Solicitation for Funding to Federally-Recognized Tribes and Tribal Consortia

Matthew L.M. Fletcher

JUSTICE DEPARTMENT ANNOUNCES GRANT SOLICITATION FOR FUNDING TO FEDERALLY-RECOGNIZED TRIBES AND TRIBAL CONSORTIA

$ 101.4 Million Available Through the Coordinated Tribal Assistance Solicitation

WASHINGTON – The U.S. Department of Justice today announced that the comprehensive grant solicitation for funding to support improvements to public safety, victim services and crime prevention in American Indian and Alaska Native communities will be posted at 3:00 p.m. EST today at www.justice.gov/tribal/open-sol.html.

All materials will be accessible today for review. The Community Partnerships Grants Management System will begin accepting electronic applications on Monday, Jan. 23, 2012.

“We are committed to helping strengthen and sustain safe and healthy American Indian and Alaska Native communities with a funding process that is responsive and coordinated,” said Associate Attorney General Tom Perrelli. “This effort to streamline the grant application process, with multiple purpose areas, offers tribes and tribal consortia an opportunity to develop a comprehensive and community-based approach to public safety and support for victims.”

A total of more than $101.4 million is available through the Fiscal Year (FY) 2012 Coordinated Tribal Assistance Solicitation (CTAS) and is administered by the Office of Justice Programs (OJP), the Office of Community Oriented Policing Services (COPS) and the Office on Violence Against Women (OVW). The funding can be used to conduct comprehensive planning, enhance law enforcement, bolster justice systems, support and enhance tribal efforts to prevent and control delinquency and strengthen the juvenile justice system, prevent youth substance abuse, serve sexual assault and elder victims, and support other efforts to combat crimes. To view the fact sheet on the FY 2012 CTAS, visit www.justice.gov//tribal/ctas2012/ctas-factsheet.pdf.

Continue reading →

DOJ No. 3 Tom Perrelli Stepping Down

Matthew L.M. Fletcher1 Comment

Here:

Associate Attorney General Tom Perrelli will leave the third highest-ranking post at the Justice Department in March after nearly three years managing a bustling portfolio that has run the gamut from mortgage abuses and the oil spill in the Gulf of Mexico to stamping out domestic violence in Indian country.

Perrelli, 45, says that he’ll take several months off to spend with his growing family. He and his wife have a five-year-old, a two-year-old, and a pair of twins due in May. “This is the best job I’ll ever have,” Perrelli tells us, “you really couldn’t ask for better.” But, long hours spent overseeing Justice Department units that handle tax, civil rights, environment, antitrust, civil cases and billions of dollars in federal grant programs has taken “an enormous amount of energy and commitment and sacrifice.”

Perrelli says he started working at the Justice Department as a 19-year-old, when he helped write computer programs during his summer breaks. He returned to headquarters during the tenure of President Clinton, and developed a strong interest in public safety and law enforcement in Indian Country. That came full circle in 2009, when Perrelli helped negotiate an end to a decade-long case filed by Native Americans who argued the government had mismanaged their federal trusts. Lately, Perrelli has appeared on Capitol Hill to testify in support of legislation that would improve the response to domestic violence on reservations.