Donald Trump and Florida Governor Ron DeSantis have taken a closed down airport in the Everglades surrounded on all sides by the Big Cypress National Preserve and illegally built an ICE detention camp intended to imprison up to 5,000 immigrants.
They’re calling it Alligator Alcatraz.
Big Cypress has been home for the Miccosukee and Seminole Nations for centuries. They have stewarded its lands and waters, sacred cultural sites and ceremonial grounds are scattered throughout, and hundreds of Native peoples still live in more than a dozen remaining traditional villages.
In an outright violation of Tribal sovereignty, no one consulted either Tribe.[1] And in just 8 days they secretly built the detention center.
Decades of Federal environmental laws and regulations were abandoned.[2] In 1970, President Nixon applauded the agreement to stop the building of the planned airport saying it was "an outstanding victory for conservation."
International standards for human rights and U.S. civil rights protections are being ignored. The conditions for detainees are inhumane.[3]
Built on the 10,500-foot runaway, the entire complex consists of large tents for the detainees, mobile trailers for the staff, and portable restrooms and showers. Generators typically designed to provide temporary power are being used for electricity, including limited air conditioning. It is expected to cost at least $450 million a year.[4]
The site has already been built, and despite immediate flooding the first detainees have arrived and environmental groups are suing to stop it, but there’s more that can be done.
CoreCivic, one of the nation's largest private jail operators, isn’t just the company brought in to run it, they’re also a huge Republican donor. CoreCivic contributed $500,000 and its president, Damon Hininger, donated another $300,000 to Donald Trump.[5] They aren’t alone. At least nine state contractors involved in the creation of Alligator Alcatraz have given almost $2 million to Gov. Ron DeSantis or the Florida Republican Party.[6]
Congress must investigate whether or not the Alligator Alcatraz contracts are part of a corrupt pay to play scheme, but they cannot stop there.
Mashpee Wampanoag Tribe elects Brian Weeden as new tribal council leader
Jessica Hill Cape Cod Times
Published May 18, 2021
MASHPEE — The Mashpee Wampanoag Tribe has a new chairman who aims to unite tribal members, promote economic development and preserve the tribe’s culture.
In its May 16 election, members of the Mashpee Wampanoag Tribe elected 28-year-old Brian Weeden as chairman of the Mashpee Wampanoag Tribal Council.
“I feel ready to get to work,” Weeden said. “There’s a lot of things that need to be done for the tribe and the community.”
Weeden won by 20 votes, garnering a total of 241 votes to 221 for Nelson Andrews Jr.. Aaron Tobey Jr. received 167 votes, and Robert “Kyle” Bassett had 20. Carlton Hendricks Jr. was elected vice-chairman, Marie Stone elected treasurer and Cassie Jackson elected secretary.
“I hope the tribe’s future is bright with the newly elected leadership,” Bassett said. “I know everybody that got elected, and I hope that they’re up for the challenge.”
Weeden is the youngest person to serve as Tribal Council chairman, the head of the tribe’s executive and legislative government branch.
Weeden graduated from Mashpee High School in 2011 and attended Cape Cod Community College. He works for the Mashpee Department of Public Works as a custodian at the K.C. Coombs School.
For years, Weeden has been involved in both tribal and town organizations, such as the Mashpee Conservation Commission and the Mashpee Historical Commission. He was most recently elected to the Mashpee School Committee. He is also on Mashpee’s Town Seal Design Committee, and is representing the Mashpee Wampanoag Tribe on the state seal commission.
In 2009, Weeden founded the Youth Council, and created the Mashpee Youth Commission in 2019 to give young people a voice and experience in tribal and local politics.
Weeden said his main priority is to restore unity in the tribal community by talking with members and listening to them, he said. He said he plans to organize more unity conferences and ceremonial gatherings. Hendricks, the vice-chairman, also wants to have an open, transparent government where members are aware of what is going on, he said.
Weeden said another goal is to preserve and emphasize the tribe’s culture through more language classes and cultural programming, such as summer camps and Quahog Day for children. He said the tribe used to have a toddler hour at the tribal museum, where day care providers would come in with their children, and a member of the Mashpee Wampanoag Tribe would host a cultural activity.
Weeden and Hendricks say they also want to find ways to improve the tribe’s financial status through the implementation of a finance committee as well as find new streams of revenue.
The tribe has been in a dire financial situation for years, and with the plans to build a Taunton casino halted, there is a serious need for economic development.
Weeden’s past two predecessors, Cedric Cromwell and Glenn Marshall, were both indicted on felony charges while in office. Cromwell is currently facing bribery and extortion charges, and Marshall pleaded guilty to several charges in 2009, including embezzling nearly $400,000 from the tribe.
Weeden said he hopes to turn the tide and restore the tribe’s integrity.
“The Cromwell administration left the tribe devastated,” said Hendricks, who has a couple of plans to bring economic development to the tribe, although he declined to provide specifics until he shares them with tribal members and the Tribal Council. He hopes to see two viable economic plans bringing in revenue to the tribe within two years.
One of Weeden’s ideas is to create a deer farm in Mashpee. The tribe could replenish the woods and restock the Cape’s game, he said, as there are a lot of tribal members who still hunt. The tribe could sell venison to local distributors, tan the deer hide and make traditional clothing. Another idea is to do canoe tours along Mashpee’s rivers and waterways, Weeden said.
Now also president of the Mashpee Wampanoag Tribe’s Gaming Authority, Weeden plans to get input from members of the tribe and the Tribal Council about what route the tribe plans to take with its casino projects.
Weeden said he plans to put policies and procedures in place so the tribe “can never be in this situation again.”
“I think people that do wrong by the tribe should not be allowed to receive services” or be a part of the tribal government, he said.
As someone who attended White House gatherings as a tribal youth delegate, Weeden said he plans to continue making sure the tribe is represented on a national level and build relationships with potential economic partners, he said.
And at a local level, Weeden said he will also negotiate with the Town of Mashpee and review their intergovernmental agreement, and make sure the town is consulting with the tribe on matters such as development projects.
Tribal members continue to get harassed for practicing their aboriginal rights to fish and hunt, Weeden said. Members have been arrested for trespassing while trying to access waterways. The Mashpee Pond, for instance, is locked, and Weeden plans on working with the Town of Mashpee to improve treatment and access to waterways.
He also wants to work on the tribe’s land-in-trust status and continue land and restitution negotiations with the commonwealth. The tribe’s constitution also needs to be reformed, he said. Certain clauses about Tribal Council requirements and tribal enrollment should be amended to give more power to tribal members, he said.
“The constitution took away the voice of the people and gave a lot of power and authority to the chairman and the council,” Weeden said.
“This administration is going to lead the way for future generations and get everything back in order around here, culturally, spiritually, physically, mentally,” Weeden said. “And do what’s right by our people.
Mashpee Wampanoag Tribe sets in-person election date
Jessica Hill Cape Cod Times
Published Mar 24, 2021
MASHPEE — The Mashpee Wampanoag Tribe has set a new date for its general election after a Mashpee District Court judge found that mail-in voting was against the tribe’s constitution.
The election is set to take place in person on May 16.
The Tribal Council set the date during its emergency meeting Monday, although the tribe’s Election Committee still has some work to do, Tribal Council Vice Chair Jessie “Little Doe” Baird said.
Tribal Council member Aaron Tobey Jr., along with two other tribal members, sued members of the Tribal Council and the Election Committee regarding the election, which was originally set for March 26. The Tribal Council and Election Committee decided to hold the election solely through mail-in ballots instead of in person in light of the COVID-19 pandemic.
Tobey and the other plaintiffs argued that it was against the tribe’s constitution, which states that voting in tribal elections shall be by “secret ballot cast at polls.” Mashpee Wampanoag Tribal Alternate District Court Judge Amanda L. WhiteEagle agreed.
On May 16, registered tribal voters will pick the next tribal council chairperson as well as other government positions. Nelson Andrews Jr., Kyle Bassett, Aaron Tobey Jr. and Brian Weeden are vying for chairperson.
Carlton Hendricks Jr. and Edwina “Winnie” Johnson-Graham are seeking the vice chair position on the tribal council. Ann Marie Askew and Cassie Jackson are running for tribal council secretary, and Kimberly Frye is running against incumbent David Weeden for a spot on the tribal council.
Charles “Bobby” Foster, Angela Marcellino, Winona Pocknett, Karen Edwards Siegel and Marie Stone are running to be the tribe’s next treasurer.
MASHPEE — Four Mashpee tribal members are vying to become the Mashpee Wampanoag Tribal Council's next chairperson.
Nelson Andrews Jr., Kyle Bassett, Aaron Tobey Jr. and Brian Weeden are campaigning for the position.
The chairperson presides over tribal council meetings and acts as the tribe’s official spokesperson. They also serve as the coordinator over all tribal government activities.
The tribe’s last two chairmen have either been convicted of federal crimes or are currently facing federal charges. Some of the candidates have cited the need to restore the integrity of the tribe’s governing process and improve accountability.
The election is currently set to take place through mail-in balloting, with Election Day scheduled for March 26. However, three tribal members, including Tobey, have sued the tribal council and the tribe's election committee to allow in-person voting and reschedule the election to a later date.
Education: University of Massachusetts Boston, Motorcycle/Marine Mechanics Institute, National Incident Management Assistance Team Academy, Emergency Management Institute, National Emergency Management Advanced Academy
Political experience: Democratic Party
Other community service: MWT Community Emergency Response Team Instructor, Red Cross CPR/AED/First Aid Instructor, co-chair of United South and Eastern Tribes Homeland Security & Emergency Services Committee, member of the Barnstable County Regional Emergency Planning Committee, member of the Barnstable County Incident Management Team, member of the National Council of State Legislatures - Nuclear Energy Tribal Working Group Member & Tribal Radioactive Transportation Committee, member of the National Congress of American Indians Homeland Security Working Group.
Other groups/committees within the tribe: vice president of MWT Community Development Corporation, chair of MWT Tribal Emergency Response Team
Why are you running? What motivates you?
I am running for the position of chairman because our tribal community has been facing unprecedented challenges and we are in need of a change for the future, because we must get our tribe back on a productive track that we rightfully deserve.
I have always been motivated since the days of my youth in Mashpee to lead our people toward the greater good. The restoration of the Elders’ rightful status within the tribe is a major motivating factor along with the continued focus on our ancestral language. In addition, consistent housing opportunities for each and every tribal community member drives me as a critical need at this juncture. I am also strongly motivated to ensure that we obtain permanent land-into-trust status for the future of our tribe’s sustainability and sovereignty. The economic sustainability of our tribe through alternative avenues beyond gaming is a critical motivating factor. We must remain cognizant of the debts incurred through the economic course that we pursue.
What is the most pressing issue the tribe faces and how would you address it?
The most pressing issue that our tribe currently faces involves restoring our image and the integrity of the tribal governing process. These are among the priorities that will improve our tribe’s quality of life. That means improving our relationship with the Town of Mashpee as well as establishing a relationship as a sovereign nation with the Commonwealth and the federal government. As a sovereign nation, the recognition of our sovereignty by these entities is a vital component that my administration will focus on. I have already established many relationships with these stakeholders as well as many tribal leaders and organizations across Indian Country over the years. Through my previous experience, established relationships and record of success with federal, state and local government, I will continue with the enhancement of these partnerships. Real consultation with our tribe as a truly sovereign entity is not present, and we must address this urgency through these necessary relationship-building priorities that will ultimately restore our image and the integrity of this key process.
How do you differ from the other candidates?
The reason that I am running for office is because my department has been meeting the needs of our people during the pandemic. I am aware of the needs of our people first-hand and I am the only candidate that has to deal with these issues each day, while also managing the administration of the tribe. I have the realization that I will need help, but I also have the realization that I can do the job, because I am qualified and I care deeply through a strong compassion for our people. My actions speak louder than words.
What else would you like voters to know about you or your policy positions?
Well our voters know that we are in need of critical help, so you can bet that my policy positions are well thought out and will remain continuously focused on those initiatives that our tribe needs to ensure that we are progressing and moving forward.
Other groups/committees within the tribe that you are involved in: none
Why are you running? What motivates you?
The reason I am running and asking for your vote is that we as a tribe are facing very difficult times with very complex issues both internally and externally. Internally as a tribe, we are facing alcoholism and drug addiction that is destroying families and individual tribal members, we have tribal health care issues concerning COVID-19, diabetes and high blood pressure and we have a growing need for tribal housing. Externally, we have to deal with the growing tribal debt concerning Genting Malaysia and the future with the resort/casino. We have to continue to grow and look for other economic opportunities.
What is the most pressing issue the tribe faces and how would you address it?
Our tribe is facing not one but many challenges. To prioritize them numerically would be disrespectful and diminishing to all the other challenges facing our tribe, but one of my greatest concerns that I believe can keep us from moving forward is our resort/casino efforts.
As a people, we will always keep our history, our identity and our traditions. Our efforts into gaming have been our biggest financial commitment and that has to be addressed because it can either be one of our biggest achievements or our biggest and total failures. I believe we must first reorganize our financial understanding with Genting. The coronavirus has affected economies and businesses all over the world, so to help ensure long-term growth and success we have to adjust our strategies and finances to reflect these economic truths.
How do you differ from the other candidates?
I have over 20 years of experience in the corrections and law enforcement area. I faced many challenges as a law enforcement officer, but I swore an oath to protect and serve. In the prison system, I have met various crime syndicates, career criminals and street gangs. For three years, I was responsible for investigating illegal activities in the prison and outside the prison. Over my 20 year career,I have established working relationships with local and state agencies that I will use to affect the (problem of) drugs that is impacting our tribe and community. I will work with treatment centers and drug councilors through the court system and outside the court systems to bring the proper help that is needed.
What else would you like voters to know about you or your policy positions?
As we strive to be good stewards in teaching and maintaining our heritage, we must also be good stewards with our finances or we will not be allowed to maintain anything. We must restore good character and rebuild the trust once placed in us. Character and trust are the cornerstones to maintaining good relationships. Our behavior and our policies must reflect these principles.
Aaron Tobey, Jr.
Age: 64
Residence: Bourne
Occupation: Retired
Education: Bachelor of Science in Criminal Justice Administration, University of New Haven
Political experience: Tribal councilor, Tribal vice chairman, Postal Union Cape Cod Local president, Postal Union Cape Cod Local vice president
Other community service: Current member of the BourneFinance Committee; former town Bylaw Committee member; former member of the Board of Registration of Nursing Home Administrators
Other groups/committees within the tribe that you are involved in: Chairman of the Elders Committee, co-liaison for the Mashpee Wampanoag Police
Why are you running? What motivates you?
My vision is for the Mashpee Wampanoag Tribe to be a healthier community, to be able to exercise our aboriginal fishing and hunting rights without interference and to have a prosperous economy.
I have been actively involved with our tribe for over 30 years, and while I feel that it is a privilege to serve my fellow tribal members, I share with them their frustration with the lack of transparency between the tribal government and tribal members. I have been vocal for years in demanding more accountability from the former chairman based upon concerns that have proven to be very troubling. As your chairman, I want to ensure that members no longer feel shut out from the government that is supposed to serve them.
I want to restore the trust by making a resolution that prohibits tribal council from exercising a sovereign immunity waiver against complaints made by tribal members. I also want them to know that they can come to their government center and come right up to their office that they provide for the chairman, and know that I will do my best to answer their questions or promise to find answers wherever I need to get them. No more secrets.
What is the most pressing issue the tribe faces and how would you address it?
The most pressing issue is respect. Our tribe has suffered some significant attacks upon our standing as a people, and as a sovereign nation. Much of this has come about recently in the wake of some significant messes left behind by the previous chairman. We have our work cut out for us in managing the legislative and legal issues before us, and this has to start by holding accountable tribal leadership. We can only move forward after we have cleaned our own house, so that respect for our work, our traditions and our goals are realized. Only then can we rebuild and reset our progress on pursuing economic development opportunities, build a profitable casino and restore our homeland for our tribal people. We, the Mashpee Wampanoag nation, will be respected more when we resolve these challenges.
How do you differ from the other candidates?
I have more experience in negotiating tribal legislative contracts than any of the candidates. I have established business relationships with individuals who are familiar with our current situation. The role of chairman is one in which there is no time available for on-the-job-training. You really have to be able to hit the ground running on day one, and my many years of leadership experience have prepared me to do exactly that.
I have an established track record of service inside and outside of this tribe. I have served on tribal council for seven years, three years as a councilor and four years as the vice chairman. I am in my second year as chair of the Elders Council, and I have been the tribal liaison to the Mashpee Tribal Police for two years. For over a decade I have helped tribal members in transition between the courts, incarceration and reintegration back into tribal and non-tribal life. I serve on the Bourne Finance Committee and had served on the town's Bylaws Committee.
What else would you like voters to know about you or your policy positions?
Elders are to be respected. As chairman of the Elders Committee, I am concerned about the defunding of the former Elders Department. As chairman, I want to see that department reinstituted. I believe in the future generation as well. Our children are going to carry our legacy forward, and as chairman, I plan to create a new internship program for high school and college students that will expose them to professional and trade work opportunities within the tribe.
Brian Moskwetah Weeden
Age: 28
Residence: Mashpee
Occupation: Mashpee Department of Public Works
Education: Mashpee High School (2011), Cape Cod Community College
Political experience: Mashpee Wampanoag Tribal Council, Native Vote Coordinator for Massachusetts, White House Tribal Youth Delegate 2016, United National Indian Tribal Youth (UNITY) Executive Committee- Northeast area representative, UNITY male co-president and trustee, UNITY Earth Ambassador, National Congress of American Indians (NCAI) Youth Commission co-vice president, NCAI/ National Indian Gaming Association (NIGA) Youth Leadership Award 2016, Cape and Islands Youth Development Council
Other community service: Mashpee Conservation Commission, Mashpee Historical Commission, former male advisor for National UNITY Council Executive Committee, Youth Council advisor, town election volunteer, tribal election monitor, vice president of the Wampanoag Language Reclamation Project Board of Directors, chaperone for youth trips, cultural-educational programs.
Other groups/committees within the tribe that you are involved in: Current tribal council liaison to the Youth Council, Youth Advisory Committee, Natural Resources Commission, Tribal Operations, Pow Wow Committee, chairman of the Planning and Land Use Committee and tribal representative to Mashpee’s Town Seal Design Committee.
Why are you running? What motivates you?
Being raised here in Mashpee, I have witnessed our community’s trials and tribulations first-hand. Since a young age, I have always had a strong passion for serving our community. I have a love for our community, and it drives me to want to be a catalyst for positive change. I want what is best for our people and I am willing to put in the work to ensure our nation thrives.
As chairman, I hope to change the narrative of our tribe and continue to voice the people’s concerns. If elected, I plan to work toward cultural and financial longevity of the Mashpee Wampanoag Tribe as a whole. Our people need resources that are easily accessible to achieve the stability we all desire. I’m running for chairman of the Mashpee Wampanoag Tribe because I believe it is time for my generation to step up for our community. We are the seventh generation that our ancestors have prepared for this point in our history.
My motivation derives from the responsibility I feel to honor and practice the ways of our ancestors. I care strongly for our youth, elders, community, traditions and homelands. Each and every day, I work with the tribe's best interest at heart, just as our ancestors have done before us. The unification of our community, as well as the protection and preservation of our culture and homelands, has never been more essential. I have had the opportunity to see other native communities advance in several areas including language, culture, health care and economic development as well as education. It has inspired and motivated me to fight for what’s best for our people.
What is the most pressing issue the tribe faces and how would you address it?
Our tribe is in the perfect position for growth. Currently, we need to work on preserving our community, land and culture, as well as developing self-sufficiency. We can address this by putting the most traditional candidates forward to help us with these efforts. These candidates in collaboration with the traditional leadership, such as Chief’s Council, Clan Mothers and community input, are crucial to shaping the tribe’s future. It is important to get back to our old ways and protect our history, culture and traditions for future generations.
If elected chairman, I plan to approach the issues of preservation through community-led initiatives including increased cultural programming, implementing community-driven general body meetings and assisting in making resources accessible to all tribal members. We need to reinstate and revamp various committees and commissions to ensure we are receiving proper community input within tribal operations and governance. The Constitution Committee for Reform, Finance Commission, TAP (Tribal Action Plan) Committee, Education Committee and Youth Advisory Committees are just a couple of examples.
Apart from these endeavors, we, the tribe, should continue land and restitution negotiations with the Commonwealth. Even if granted restitution from the state, the tribe would still need to remain self-sufficient. With culturally based economic development, we can preserve our culture while creating self-sufficiency and jobs for our members. For example, with the idea of a deer farm, we can replenish the deer population on our homelands while educating tribal members and making revenue from the production of deer meat to local distributors. We can use the farm to educate our people on traditional tracking and hunting as well as brain tanning leather, and processing meat. This is only one business venture I have in mind, but it touches on a lot of the pressing issues our tribe faces today.
How do you differ from the other candidates? What sets you apart?
While some might consider my age a disadvantage, I see it as a perfect opportunity for our generation to help lead with new perspectives and initiatives. One thing that sets me apart is my tribal representation both culturally and politically, not only on a local but national level starting from a young age. I have been serving on various voluntary boards and actively attending tribal council meetings since the age of 16. Being culturally involved in our community, I also participate in powwows, ceremonies and other cultural events, while also passing on the language and traditions to our youth.
What else would you like voters to know about you or your policy positions?
As a leader, I take the initiative to enact change in the community. In 2009, I founded the Youth Council and in 2019 created the Mashpee Youth Commission with the purpose of giving youth a voice and experience in tribal and local politics. I have also initiated the adoption of Indigenous Peoples’ Day in the town and the tribe while also starting the process of changing the town of Mashpee’s seal. I continuously step up when needed, ranging from presiding over council meetings, serving as a liaison and even serving as a delegate for our tribe at NCAI.
Also on the ballot....
Members will also be asked to elect the tribal council's next vice chairperson. Edwina “Winnie” Johnson-Graham and Carlton Hendricks Jr., both current tribal council members, are seeking the post.
Five candidates are looking to be the tribe’s next treasurer, including Marie Stone, Winona Pocknett, Karen Edwards Siegel, Angela Marcellino and Charles “Bobby” Foster.
Ann Marie Askew and Cassie Jackson are both vying for the role of tribal council secretary, and Kimberly Frye is challenging incumbent David Weeden for a seat on the tribal council.
FOCUS: Supreme Court Rules That About Half of Oklahoma Is Native American Land Laurel Wamsley, NPR Wamsley writes: "The Supreme Court ruled Thursday that about half of the land in Oklahoma is within a Native American reservation, a decision that will have major consequences for both past and future criminal and civil cases."
The court's decision hinged on the question of whether the Creek reservation continued to exist after Oklahoma became a state.
"Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word," Justice Neil Gorsuch wrote in the majority opinion.
The decision was 5-4, with Justices Gorsuch, Sonia Sotomayor, Ruth Bader Ginsburg, Elena Kagan and Stephen Breyer in the majority, while Justices John Roberts, Brett Kavanaugh, Samuel Alito and Clarence Thomas dissented.
The ruling will have significant legal implications for eastern Oklahoma. Much of Tulsa, the state's second-largest city, is located on Muscogee (Creek) land. The Muscogee (Creek) Nation cheered the court's decision.
"The Supreme Court today kept the United States' sacred promise to the Muscogee (Creek) Nation of a protected reservation," the tribe said in a statement. "Today's decision will allow the Nation to honor our ancestors by maintaining our established sovereignty and territorial boundaries."
In a dissenting opinion, Roberts, the chief justice, wrote that the decision "will undermine numerous convictions obtained by the State, as well as the State's ability to prosecute serious crimes committed in the future," and "may destabilize the governance of vast swathes of Oklahoma."
Kevin Washburn is dean of the law school at the University of Iowa, where he teaches a course on federal Indian law — "It's basically 15 weeks of how the law in the United States has failed my people," he said.
He served as assistant secretary of Indian affairs from 2012 to 2016, and he's a citizen of the Chickasaw Nation of Oklahoma. He called the court's ruling "a great decision."
"For Indian people, their land is really important, and treaties are really important. They're sacred. And this reaffirms the sacredness of those promises and those treaties."
"Now and then there's a great case that helps you keep the faith about the rule of law," he said. "And this is one of those."
The ruling has a number of significant consequences for criminal law in the relevant portion of Oklahoma.
The first is that going forward, certain major crimes committed within the boundaries of reservations must be prosecuted in federal court rather than state court, if a Native American is involved. So if a Native American is accused of a major crime in downtown Tulsa, the federal government rather than the state government will prosecute it. Less serious crimes involving Native Americans on American Indian land will be handled in tribal courts. This arrangement is already common in Western states like Arizona, New Mexico and Montana, said Washburn.
Then there's the issue of past decisions — many of them are now considered wrongful convictions because the state lacked jurisdiction. A number of criminal defendants who have been convicted in the past will now have grounds to challenge their convictions, arguing that the state never had jurisdiction to try them.
The case before the court, McGirt v. Oklahoma, concerned Jimcy McGirt, an enrolled member of the Seminole Nation of Oklahoma who was convicted of sex crimes against a child on Creek land. In post-conviction proceedings, McGirt argued that the state lacked jurisdiction in the case and that he must be retried in federal court. The high court agreed.
The ruling will affect lands of the Muscogee and four other Oklahoma tribes with identical treaties. Civil court issues are also affected.
It's important to note that the case concerned jurisdiction, not land ownership.
Ruling that these lands are in fact reservations "doesn't mean the tribe owns all the land within the reservation, just like the county doesn't own all the land within the county. In fact, it probably doesn't own very much of that land," Washburn explained. "That's not what a reservation is these days."
Washburn compares a reservation to a county — terms that describe jurisdictional boundaries.
Oklahoma Attorney General Mike Hunter released a joint statement with the Muscogee (Creek), Cherokee, Chickasaw, Choctaw and Seminole nations on Thursday, indicating that they "have made substantial progress toward an agreement to present to Congress and the U.S. Department of Justice addressing and resolving any significant jurisdictional issues."
Ian Heath Gershengorn, an attorney at Jenner & Block, argued McGirt's case before the Supreme Court. He said his team was thrilled with the result and had felt optimistic knowing that Gorsuch could prove to be the deciding vote.
Gorsuch joined with the court's more liberal members in the decision. Prior to his appointment to the high court, Gorsuch was a judge on the 10th U.S. Circuit Court of Appeals, which frequently sees cases involving Native American lands.
"Justice Gorsuch has made very clear in his short time on the bench that he takes the text deeply seriously," Gershengorn said. "And I think you saw that the core of his analysis today was a textual one. We felt like we had the right argument at the right time for the right justice."
