(This is a copy of the Press Release pertaining to the BIA decision)
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Velie & Velie Attorneys at Law
210
EAST MAIN STREET, SUITE 222
NORMAN,
OKLAHOMA 73069
CONTACT INFORMATION:
Jonathan T. Velie
Telephone: (405) 364-
William Velie
Fax: (405) 364-2587
Toll-free: (877) 304-2525
Email: info@velieandvelie.com
August 7, 2003
PRESS RELEASE
BUREAU OF INDIAN AFFAIRS RECOGNIZES CHEROKEE ELECTION ALTHOUGH BLACK CITIZENS FORBIDDEN RIGHT TO VOTE
In a reversal of it’s earlier position, the Bureau of Indian Affairs has recognized an election that forbid the Black Citizens of the Cherokee Nation to vote for it’s tribal leaders and on a Constitutional amendment that would remove the President of the United States authority to approve Cherokee Constitutional amendments. The decision is in the face of earlier agency decisions, Treaty rights, recent federal decisions and a Supreme Court decision.
An unsigned August 6, 2003 BIA memo reversed the signed July 25th memo from Regional Director, Jeanette Hanna of the Muskogee, Oklahoma office In the earlier memo, the Bureau stated that the 1970 Principal Chiefs Act mandated the Nation to submit election procedures prior to the election. The Cherokees did not present the procedures and held an election and precluded the Black Cherokees from voting. The second memo ignored the statute and the earlier position and recognized the election even though approximately 25,000 Black Cherokees, also known as Cherokee Freedmen, were not allowed to vote.
The
Black Cherokees citizenship in the Cherokee Nation is protected by the Treaty of
1866 between the United States and the Cherokee Tribe. Recent litigation
occurred regarding a similar situation with the Seminole Nation of Oklahoma.
When the Black Seminoles were ousted from the Seminole Nation of Oklahoma in one
election and precluded from voting for Chief of the nation in a subsequent
election, the Bureau of Indian Affairs took the position that the United States
could not recognize the administration that claimed victory because the election
did not permit the Black citizens of the Nation to vote.
The
B.I.A. cut off federal funds to the Seminole Nation as it reasoned could not
provide them to an illegal government. The B.I.A. currently does not recognize
the Seminole government elected under the illegal election. The cases that
stemmed from the B.I.A’s determination to enforce the Treaty Rights of the
Black Citizens were Seminole Nation of Oklahoma v. Norton, 206 F.R.D.
1(D.D.C. 2001) (CKK) and Seminole Nation of Oklahoma v. Norton, 223 F.
Supp. 2d 122 (D.D.C. 2002). These
cases said in short, the Treaty of 1866 ensured Tribal Citizenship of the Black
Seminoles and the B.I.A.’s determination to not recognize the Tribe when
citizens were not entitled to vote was appropriate.
The
B.I.A. has flipped it’s reasoning a number of times regarding the Cherokee
April 24, election. A March 15, 2003 letter signed by then Secretary of the
Bureau of Indian Affairs Neal McCaleb, stated in pertinent part, that the
Cherokee Nation could remove the clause from it’s Constitution requiring
United States Presidential approval for amendments to the Cherokee Constitution,
provided the Cherokee Freedmen are entitled to vote in the election. An April
23, memo also signed by Mr. McCaleb, stated that he did not actually sign or
authorize his signature of the March 15, memo and removed the provision that the
Black Cherokees needed to be able to vote in the Cherokee election.
The
current situation means that Bureau of Indian Affairs has breached it’s duty
to uphold the United States Treaty of 1866 as recently interpreted by the
Seminole decisions. The effect of the determination strips the Black citizens of
the Cherokee Nation from voting for their leadership and on a very important
Constitutional amendment that would take out U.S. oversight.
The
Bureau of Indian Affairs has breached its duty as trustee by recognizing an
administration elected in opposition to relevant United States law, and has
acted in direct opposition to the Seminole decisions, a 1942 Supreme
Court decisions that mandates it to protect the Tribe as trustee, Wheeler v.
Dept. of Interior, 811 F. 2d. 549 (10th Cir. 1987) that the B.I.A.
it cited in the July 25 letter requiring mandate compliance with the 1970
Principal Chiefs Act, has made numerous inconsistent decisions in this matter
and is acting inconsistently with its current stance in the Seminole Nation.
Jon
Velie, Norman, Oklahoma attorney for the Cherokee Freedmen states, “The BIA
decision to recognize an election that forbid the participation of approximately
25,000 voters based on a racist policy is a giant leap in the worst direction.
It undermines the basic tenet of democracy of both the Cherokee Nation and the
United States of America. It exposes sovereignty for the Cherokee Nation and all
Native Nations as it begs for litigation on whether treaties must be obeyed, it
takes the decision of who rules away from the people and it exposes the actors
of both governments as sleezy, backroom political puppeteers.
Marilyn
Vann, a Cherokee Freedmen, says, “The stripping of my vote and identity as a
Cherokee fills my heart with sorrow and rage. How can the United States
recognize my Tribe’s government and fund millions of dollars of aid to it,
when it denies me my most precious asset, the right to vote for my elected
officials and decide major Constitutional reform. I not only feel less of a
Cherokee today but less of an American.”
For
more information please contact Jon Velie, legal counsel for the Black Cherokees
at the above address or numbers or via mobile at 405-821-5959. Attachments
available upon request.
Jon
Velie