2/6/12

Giago on Cobell appeal

Elouise Cobell is no longer with us to see the results of her nearly sixteen-year efforts that exposed some of the mismanagement of Indian trusts in the Interior Department distributed to tribal members. Before she died an appeal to that settlement was filed in US District Court according the Albuquerque Journal:
Boulder, Colo., resident Kimberly Craven, a member of the Sisseton Wahpeton Oyate nation and a vocal opponent of the settlement, has filed a notice in federal court that she plans to appeal its approval. A separate notice of appeal also has been filed by a nonprofit group called the Harvest Institute Freedmen Federation and two individuals, Leatrice Tanner-Brown and William Warrior.
Craven, Carol Good Bear, New Town, ND; Charles Colombe of Mission, SD; and Mary Lee Johns of Lincoln, NE have been enduring threats and hate mail.

More from the ABQ Journal:
In a response filed Thursday to the $8.3 million bond request, Craven said Cobell’s attorneys wildly exaggerate the costs of an appeal and shouldn’t be allowed to include their legal fees. Approving the bond would lead to another legal challenge that would only delay matters further, the response said.
Tim Giago (Nanwica Kciji), in a 2012 Unity South Dakota copyrighted piece reposted at Indianz.com, tells readers:
Two of the complaints say the settlement does not include an accounting for how much money was lost. This is what Cobell’s original suit set out to prove and they say that many of the class action members did not understand that they could have opted out of the entire settlement. The others object to the class of landowners that the settlement creates because they believe that each is different. They also believe that the Indian nations should have been involved in the process from the beginning. Appeals must be heard by a federal appeals court before any money can be distributed. The first appeals court hearing will take place on Feb. 16 in Washington, D. C. at the U. S. District Court of Appeals. For all Indians that can afford to be there, please be there.
I don't get this: why tamper with the results of Cobell and what prevents additional lawsuits that address the other abuses within DoI's Indian trusts?

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2 comments:

D.E.Bishop said...

I'm confused too. I thought that the Cobell result was considered a victory. After all those years, take the deal! It's a lot of money!

larry kurtz said...

Indian Country Today has a remembrance of the Dawes Act.

"The Dawes Act was the culmination of decades of efforts by the federal government to remove and relocate Indian nations from their ancestral homelands as the tide of European settlement in America moved from the Northeast to the South and West."

Commissioner of Indian Affairs Thomas J. Morgan in 1889:

"This civilization may not be the best possible, but it is the best the Indians can get."

And:

"The “civilizing power” of the Dawes Act did not extend so far as to provide Indian people with documentation of their allotments."