The US Attorneys Report Commentary

The release of the DOJ Office of Inspector General Report on the firing of the nine US Attorneys for improper (maybe illegal) reasons is a bit of a let-down for Indian Country observers. The report demonstrates the limits of the OIG’s investigation, and perhaps other investigations like it.

However, a close reading of the document demonstrates that Indian Country work may in fact have been a significant contributor to the downfall of at least one US Attorney, Margaret Chiara, but not exactly in the way we previously thought.

Two areas of concern about the report:

First, other than a brief mention in the chapter about Paul Charlton (D. Ariz), there is very little information about the import of Indian Country in these firings. More than half of the fired US Attorneys had significant responsibilities in Indian Country, from federal prosecutions to investigations of voter fraud to compliance with the Adam Walsh Act to US-Mexico and US-Canada border questions. These fired US Attorneys also represented the forefront of modern US Attorney practice in terms of cooperation with Indian tribes, extending respect and dignity to Indian victims and violent crime, and raising federal awareness of the criminal jurisdictional problems in Indian Country.

This report fails to address the very real and very obvious concerns of Indian Country by virtually ignoring these questions. There seems little doubt that AG Gonzales and the politically-charged Executive Office of US Attorneys saw no value whatsoever in the development of US-tribal law enforcement gains. While the OIG could not prove that these Indian Country US Attorneys were fired because of their positive and progressive work in Indian Country, the implication remains.

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Sault Tribe Wins Gaming Case Against DOI

Here is the opinion: opinion

The interesting portion of this opinion is the court’s awareness that there is a circuit split over the question of whether Chevron deference will trump canons of statutory construction that favor Indian tribes. The Sixth Circuit has not yet decided this question. Here, the court chose to apply the Chevron test, but concluded that the government’s decision was arbitrary and capricious. So the question remained open.

ICT on FBI Drug Sweep at Hannahville

Indian Country Today has posted two articles about federal drug busts at Hannahville. The articles are here and here.

Government Sued Over Grand Traverse Trail Trust Land Decision in Peshawbestown

From the Traverse City Record-Eagle:

PESHAWBESTOWN — A group of local waterfront property owners are fighting a recent decision to place a former railroad corridor into federal trust status for the Grand Traverse Band of Ottawa and Chippewa Indians.

A public notice last month in Leelanau County prompted six land owners along Suttons Bay to file a federal complaint over a Bureau of Indian Affairs decision to move into trust more than 22 acres of the former railroad right-of-way.

The lawsuit, filed April 18, alleges federal officials’ final decision to put the property in trust “was unlawful, arbitrary, capricious, and an abuse of discretion, because the Grand Traverse Band does not have title to all of the land.”

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KBIC v. Kleine — Michigan Sales and Use Tax Upheld

This case, decided by Judge Quist, out of the Western District of Michigan is the latest in a long string of Indian tax cases arising out of the Keweenaw Bay Indian Community’s reservation in the past few years, including Chippewa Trading v. Cox (CA6) and KBIC v. Rising (CA6). Here are the very lengthy materials in this case:

DCT Order Granting Michigan’s Motion for Summary Judgment – KBIC v. Kleine

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