Cherokee, Chickasaw and Choctaw Nations Intervene in Federal Lawsuits to Protect Public Safety and Enforce Jurisdictional Laws
U.S. Department of Justice Filed December Lawsuit Against Two Oklahoma District Attorneys for Prosecuting Defendants Outside of Criminal Jurisdiction
OKLAHOMA — Today, the Cherokee, Chickasaw and Choctaw Nations moved to intervene in support of U.S. Department of Justice lawsuits against two Oklahoma district attorneys – Matt Ballard and Carol Iski – who have continually violated federal law by seeking to prosecute tribal defendants whose cases must be tried in federal or tribal courts.
Federal law establishes that, without express congressional authorization, state prosecutors have no legal authority to exercise jurisdiction over Indians for acts alleged to have occurred in Indian country. The disregard for that established rule by the defendants in these federal lawsuits has interfered with federal and tribal law enforcement efforts and compromised the public’s safety. On December 23, 2024, the Department of Justice filed suits in the U.S. District Courts for the Northern District of Oklahoma (against Ballard) and the Eastern District of Oklahoma (against Iski) and moved for injunctions to prevent the defendants from further unlawful assertions of criminal jurisdiction over Indians in Indian country.
Statement from Cherokee Nation Principal Chief Chuck Hoskin, Jr.
“Since the U.S. Supreme Court’s confirmation of our reservation, the Cherokee Nation has prioritized our justice system, investing $74 million alone last year, and working with federal, state and local law enforcement to protect victims and prosecute crimes in which we filed over 25,000 cases,” Cherokee Nation Principal Chief Chuck Hoskin Jr. said.
“It is incredibly dangerous that these district attorneys have instead chosen to ignore the law and longstanding legal precedents by seeking to prosecute criminal cases over which they do not have jurisdiction. This is not only an attack on tribal sovereignty, but a threat to the public safety of all Oklahomans. These officials are knowingly creating legal confusion for law enforcement and hurting the integrity of the cases involved – preventing proper prosecution, risking the entire case being thrown out, and forcing victims and their families into convoluted and confusing legal scenarios. I am outraged that these officials are putting political attacks against tribes before their responsibilities to Oklahomans and to law enforcement, and I am proud that the Cherokee Nation has moved to intervene in the federal suits to resolve this matter.”
Statement from Chickasaw Nation Governor Bill Anoatubby
“Our action today is in support of the rule of law. We work with our law enforcement partners across jurisdictional lines every day to ensure Oklahomans are kept safe, and we will continue to do so. We have long called for effective intergovernmental partnership in this area, and we will continue to do so. In the meantime, we will also act to support the rules that govern our law enforcement systems, as not doing so risks the public’s safety,” said Bill Anoatubby, Governor, the Chickasaw Nation.
Statement from Choctaw Nation of Oklahoma Chief Gary Batton
“The Choctaw Nation fully supports the longstanding principle that the state has no jurisdiction over crimes committed by Indian people in Indian Country,” Batton said. “The Department of Justice is doing the right thing by defending the U.S. Constitution and the principle of tribal sovereignty."
“Our Tribe has worked diligently to maintain public safety and build cooperative relationships with local, state and federal authorities,” Batton said. “We oppose the attempts by two district attorneys to weaken our sovereignty, the U.S. constitution and the important partnerships we have established.”
Oklahoma lawmakers look to strengthen Tribal Nation relations with new liaison
By Sarah Liese (Twilla), KOSU
Rep. Scott Fetgatter will step into a new role for the Oklahoma House of Representatives this legislative session, establishing the state’s first Tribal External Affairs Leader. He will also serve as the House Chair of the Joint Committee on State-Tribal Relations.
Fetgatter is a citizen of the Choctaw Nation. He grew up in Okmulgee, where the Muscogee Nation and his district are located. He’s served House District 16 since 2016, pushing for aerospace engineering and filming incentives in the state. This helped bring in multiple Indigenous media productions like Killers of the Flower Moon and Reservation Dogs.
Given the unknowns of what this position could mean for state and tribal relationships moving forward, KOSU’s Sarah Liese sat down with Fetgatter to learn more about his intentions as he lays the groundwork for this position and what he is focused on in this legislative session.
TRANSCRIPT
Sarah Liese, KOSU Indigenous Affairs Reporter: I would love to just learn more about the Tribal External Affairs leader role, what that looks like exactly, and how it came about.
Rep. Scott Fetgatter, District 16, Tribal External Affairs leader: [House] Speaker [Kyle] Hilbert and I were having a discussion late in session last year. We knew he was running for speaker. …We got elected together, and we've been friends for a long time. And we were talking about what are some of the gaps between the legislative process and the citizenry… I told him that I felt there was a real gap between the legislature— specifically to the House— between our federal delegation, between tribal nations, and even any foreign [entity] like the Israel Commission [and] the Ireland Commission.
Liese: Are you able to point to any examples of why this was such a need?
Fetgatter: For example, our federal delegation, they'll come to the Capitol. And we'll have lunch. They'll talk to us about what's going on in DC, and they have great field reps that we have access to, but the relationship is a lot of times more just on the surface. And so there are a lot of situations where we get calls from constituents that deal with federal issues, and they get calls from constituents that deal with state issues. And so it's just good for us to have a lot of conversations back and forth about our roles and how we can better assist each other with taking care of constituents as they call in. … And so tribal nations, we want to hear more from them on where they stand on policy issues and where we can have have better relationships with the tribes. From the legislative point of view, you have 39 sovereign tribes in the state of Oklahoma, and you have a sovereign state. And with all that sovereignty in Oklahoma, there's no reason why Oklahoma can't be the best state in the union because you have so much ability to make things happen through sovereignty with the state and with the tribes.
Liese: In terms of creating this new position for the House, how were you selected?
Fetgatter: Well, like I said, I've been active in developing relationships with all the tribal nations that you know come to the Capitol and have a desire to meet those of us in the House. And I've always worked to try to have conversations with them. And so for the past eight years, I've worked hard on issues and sat down and listened to and tried to just make a better relationship there for us.
Why Speaker Hilbert picked me is, I would say, partly because he and I had the conversation that this is an area that is a gap for us. But also, Kyle [Hilbert] knows that I am not a person that is looking for a conflict. He knows that I'm a person that is going to be very reasonable. And so he, I'm assuming, has confidence enough in me to say I know that Scott will go in there in good faith.
Liese: What exactly will your responsibilities look like in this new position as the Tribal External Affairs Leader?
Fetgatter: Right now, we're trying to lay out the road map of what it looks like. The initial road map is to get to know everybody —all the stakeholders. …My goal is to try to meet with every nation and have a discussion about the state and the legislature and specifically the House and [asking] what can we do better when it comes to communication. What can we do better together when it comes to compacting— those types of things?
Then, the role will just develop out from there. …One of the problems legislators have, for example, when they come into office is …you have a responsibility to respond to constituents, yet you really don't know and understand the job real well yet. …So, one of the things my office will do is we'll start to work on a road map, if you will, for when a legislator comes in and they have their county call and say, ‘We need to try to find some grant money.’ For example, they were having a problem with the dam at their lake, and that's where they get their water. If that dam were to break, it would potentially flood a highway. …Those are real critical issues, infrastructure issues that if you're a new legislator especially, you don't really know what to do when you get that call. So, part of our office’s role will be to help all legislators in the House figure out local issues that need broader help.
Liese: Does that always have to pertain to something with a tribal nation or not?
Fetgatter: There may be a misconception there. So the job is Tribal Government/External Affairs. So it's a dual title. I chair the Joint Committee on Tribal Government, which is a joint committee between the House and the Senate. For the next two years, I'll be the chairman of that and work with tribal governments. But the External Affairs piece deals with all governments, whether it be federal, municipal, county, tribal, and like I said, the Israel commission things like that, so the External Affairs position is not limited just to tribal government.
Liese: When thinking about, specifically, your role working with tribal nations, what is your intention as you assume and set the tone for this position?
Fetgatter: Well, the expectation is just, again, to open up better dialog between the Oklahoma House of Representatives and our tribal nations. I think it's important. I'm a citizen of Choctaw Nation. I think it's important for the state legislature to have better relationships and communication. What we do in Oklahoma affects all Oklahomans, whether you're part of a tribal nation or not part of a tribal nation. So we have to have just better lines of communication so that we have a good grasp on the needs, wants and objectives of the tribes, as well as they need to have a good grasp of the needs, wants and objections for the state. And in order to do that, you have to have an open line of communication.
Liese: So you just mentioned you are a citizen of the Choctaw Nation. I'm curious how your perspective as a Choctaw citizen and a state legislator informs how you make decisions, especially when lawmakers and tribal leaders may not see eye to eye.
Fetgatter: So that's really kind of the genesis of the position, right, is because I took an oath to defend the Constitution, the state of Oklahoma and the United States of America. But I am a citizen of the Choctaw Nation, and so my priority is to the 40,000 constituents that live within my district boundaries. It's not to a specific tribe or anybody other than those 40,000 people who elect me to come up here. So the number one thought that goes through my mind whenever I'm trying to make policy decisions is, how does that affect my district? But because I see the work, for example, that the Muscogee Nation does within my district to try to help the counties and the municipal governments and our local schools. I see the value in having a better dialog. And when we ignore the tribes, I think we are failing. And when the tribes ignore us, I think they're failing. …So because of that family history of mine, it gives me a deep sense of knowing that if we are working together as sovereign entities, we'll always be better off. So fighting amongst each other is not fruitful, and it bears no fruit.
Liese: What do you see as the biggest or most common misunderstandings that might occur between the different parties?
Fetgatter: I think the biggest misconception is we don't understand a lot of times as just citizens, that there's a role for everybody— there's a role for the state, there's a role for the tribe, and part of that is because the State and the Tribes have fought against each other. And here we are in 2024, it's time for the State and the Tribes to begin to work together and understand each other's positions better, and not try to bully our way through on either side. You know, the worst thing you can do whenever you have to sit down and make a decision in a negotiation is the initial answer is no. If the first response is always no, then that's what causes the division between two groups trying to negotiate something out. The best way to negotiate is to say, ‘What are you looking for? Here's what I'm looking for. How do we bridge the gap, and how do we how do we make it work for both of us?’
Liese: This makes me think about compacting here in the state. And I'm curious about your perspective on whether the legislator needs to do something about the compacting process.
Fetgatter: The Supreme Court has ruled that the legislature has compacting authority. So, whether we need to do something or not is yet to be determined, and we will determine that as we go through this process of building out this position within the House. We will gladly welcome the Senate to be a part of any type of conversation that we are having if they so choose. But as for the House, we want to have conversations with the tribes to discuss where are the hiccups.
Liese: Would part of your role be helping both parties see what the other may be trying to convey, not like a mediator?
Fetgatter: I'm not necessarily going to be a mediator between the tribes and the governor's office because they are both separate entities. They have people who fill those roles. They have advisors. My goal is to make sure that the Oklahoma House of Representatives understand when the governor and a tribe may be struggling on an issue. My job is not to mediate between the governor and the tribe. My goal is to understand so that I can speak back to my colleagues. What I believe I have learned is the root cause for whatever potential struggles there may be in a particular situation. But no, I am not there to babysit the governor or a tribe between their negotiation. With that being said if there are things of value that I see and can learn from the governor and the tribes and can feed them information on, I'm happy to do so if they want to hear my input.
Liese: Are there any issues pertaining to tribal nations here that you are looking out for? I know McGirt has been a hot topic ever since the ruling, and how the decision has affected jurisdiction in Indian Country. And going back to compacts, this idea that, you know, maybe a one-size-fits-all compact could work well for the state, but perhaps not tribal nations. I don't know if you're able to speak to any of those things.
Fetgatter: I live in Okmulgee. My home is right in the middle of where the McGirt decision was handed down to. So I have a great relationship with the Muscogee Nation, and I have a great relationship with my local law enforcement and my sheriffs and my district attorneys, and I'm open to discussions about the McGirt ruling. …I understand McGirt from the tribe’s position, but I also understand the McGirt decision from non-tribal citizens in Oklahoma and how wary they are of, ‘What does this actually mean?’
And so I think we need to have broader discussions. Compacting is good and can be helpful to all parties involved. The question is, why do we seem to struggle with compacting? And those are the questions that I will specifically ask. I have no problem sitting in front of any tribal nation and saying, ‘Why is this a problem? Explain to me, from your perspective, why it's a problem.’ And so, yeah, I mean, those discussions will happen, and hopefully we can find some resolution to some of the issues like that. But our law enforcement agencies across the state, as well as across the reservations, we need to figure out, how do we make this work for all the citizens? Because there are Indigenous citizens that it's not working well for them either right now, and so we need to figure out some of these issues. McGirt will be an issue that we deal with going forward for many years, well beyond my time in the legislature.
Liese: What is your hope for the state of Oklahoma and the sovereign nations within it, the 39 tribal nations, as we enter a new legislative session?
Fetgatter: My hope is that we all can learn that the nations are sovereign, and the state is sovereign, and how— with all the sovereignty between us— we can make Oklahoma better for all our citizens. …I think the biggest thing that gets missed when it comes to tribal relations and state relations is everybody has to learn they can trust each other. And if they can't, if there's no trust, you're never going to get anywhere. … I have no problem telling anyone no if it's not the right thing, but they know that I'm going to put a lot of thought and a lot of effort into working out a solution, and so my goal is I want the tribal nations to feel like they can trust the State. I want the state to feel like they can trust the nation as it specifically pertains to the Oklahoma House of Representatives.
… We obviously can't change the past at this point, but what we can do is we can change the future. And Speaker Hilbert, I believe, and if you looked at some of the statements that came out from some of the chiefs of our tribal nations, I worked really hard to gain trust between us. And so that's what I'm going to build on. I'm going to build on that trust so that they know that whenever they're talking to me as a representative of the entire House of Representatives, that they can trust what I'm saying and when I go back to my leadership and to the members of the House, they can trust what I have to say. If you can just bridge one gap, you can start to add planks to it. …And what I would be asking right now, I would say, from our tribal nations... [is] just give me as the leader in the House in this [position], give me a portion of trust until I lose it or earn more.
Department of Interior: United Keetoowah Band shares Cherokee Nation reservation
By Katie Hallum (ᏧᏟ), KOSU
The U.S. Department of the Interior's legal opinion allows the United Keetoowah Band of Cherokee Indians (UKB) to build a casino in Tahlequah.
The memorandum’s central finding is the latest twist in a battle over jurisdiction between the two Cherokee tribes.
In 2012 the Department of Interior granted the UKB’s fee-to-trust application, so the tribe could build a casino within the Cherokee Nation. The Cherokee Nation later challenged that approval in federal court.
The court ruled that the land could be placed into trust, but did not sufficiently conclude that it could be used for gaming.
After the 2020 McGirt v. Oklahoma decision reestablishing tribal lands, the UKB rescinded its application and retried based on McGirt.
In a Friday memo, the Department of Interior sided with the UKB, ruling that the Cherokee Nation’s reservation also belongs to the UKB.
“This conclusion is based on my findings that 1. UKB has an ownership interest in the Cherokee Reservation as a successor in interest to the Tribal signatory of the Treaty of 1846; and 2. Congress intended for UKB to possess governmental jurisdiction over the Cherokee Reservation when it enacted the Keetoowah Recognition Act,” the memorandum reads.
As such, the UKB will now be allowed to build a casino in Tahlequah. The UKB celebrated its win.
“This is a victory for righteousness and justice,” said Chief Jeff Wacoche, UKB. “For too long the UKB has been sidelined by needlessly antagonistic Tribal relations. I thank the Department of Interior for this determination, placing our Tribe on a renewed path towards prosperity. I want to recognize and thank our Keetoowah brothers and sisters – and our array of supporters and advocates – for tireless work to make this new page of history possible.”
Officials for the tribe say they want to work with their fellow Cherokees.
The Cherokee Nation says the decision is unfounded. Principal Chief Chuck Hoskin Jr. panned the opinion in a lengthy statement, arguing that the UKB should not have authority on the reservation.
“But the truth remains: the Cherokee Nation has sovereign authority and exclusive tribal jurisdiction over our 7,000 square-mile Reservation in Oklahoma,” Hoskin Jr. said in a statement. “We look forward to working with the members of our congressional delegation to ensure this ill-advised opinion is not implemented.”
Hoskin Jr. said he will engage with Oklahoma’s congressional delegation to reverse the decision.
CUFET TOTKVN HORKOPES
(Rabbit Steals Fire)
Cufet, totkv heckuecet omvtes mahokvnts.
(It is said that Rabbit acquired fire.)
Yv ote, totkv sekot omen,
(This island had no fire…)
Nvkaftet estit totkv-heckuece-tayat, maket, vpoket-omhoyen…
(…so there was a meeting held to discuss who would be able to get fire…)
Cufet-okat, “Vnet, heckuecvyes-makvtes!”,
(Rabbit said, “I can get it!”)
Momis, em enhonrekot-omet,
(But they didn’t believe in him)
“Estit-ome-tayat, Mvn, ome-tas, kihoce-‘stomis”,
(“Someone more able should be the one,” they said)
“Vcomepekot os,makvkephoye-vlketont oman”.
(Yet each one said, “I’m not able to do it”)
“Vnet-omares!” Cufet, makett-omen…
(“I’ll do it!” Rabbit kept saying)
Momusen, “Momece-tayat okes, kihocvtes.”
(So they finally said, “Maybe he can do it.”)
Moman, totkvt, tvpalv-rakkon, ocepet-omvtes.
(During this time, there was fire overseas)
Mont-omen, mv totkvn eyacet-okhoyekv, momusen, wiketv-hahoyvtes.
(And since fire was badly needed [here], [Rabbit] was put in charge)
Mvn-okepekv, vyepvtes,
(Because he meant what he said, he started off…)
Mv, uewv rakko-tat, akletiket, vyepat, ayet takepvtes .
(He ran and ran across the ocean until he was on the other side…)
Mont cuko-liken eroren…
(Then he came to a house…)
“Este-kerreskot, vlaket’os, kihocet-omet.”
(“Someone we do not know has arrived,” they said…)
“Likepvs!” kihocen, liket-omen, estvmvn, vtet-omat, em-pohohen…
(“Have a seat”, they said, and as he sat they asked him where he was from…)
“Min, vtvyetmi-tat, afvcketv-omusis,saseseko-hakepet-ont-omen.”
(“I come from afar where there is no happiness…)
“Estvn-afvcketv-omusis ocephoyusis, ocen-omat, estehece-vretv, cvmvloste-heret, omepan omen.
(“I thought there may be someplace where people have a little happiness,” Rabbit said)
“Yvmv-tat estvn, afvcketv svsepis omes komvken, momusen arit omis,”maket-omen…
(“I enjoy traveling and meeting people in different places, I thought there may be happiness here somewhere, so that’s why I’m here,” he said)
“Kos, Mon-omat!, opvnkvn, vpeyvranet vpoket-omekv, vpeyvkvres, pum- etetakof kihocen likvtes,” Mont, em-pohaket, “Opvnkv ‘senhomahtv tis, ometskis-omes?”
(“You don’t say! Well then, we’re going to a dance, so we’ll go when we get ready,” they told him. Then they asked him, “Might you be a dance leader?”).
“Kicaken…Mvn-e, vm-maketvt-omes!”maket-omen.
(“Oh that’s my specialty!” he said)
“Mv-este, mv-oman, pumvloste-heret-ometok,” Mon-omat, “Pum etetaket-onkv, vpeyvkes, kihocet, ohmen, est-vcakkayvtes.”
(“That’s the kind of person we love,” they said..” Well, we are ready, so let’s go.” And he went with them)
Mon-fullet; Eroricet omen opvnvkv-tat, taye-heren opanet vpoket-omhoyen, eralikvtes.
(They arrived, and he sat nearby as the dance was in full swing. And as the people who brought him along said…)
“Momen-mv,eyvpvyeresoricat okaket; Momen este-kerreskot aret-omat, eshomahtvt,omepvyes, makepet vrepet omepisan omatskes-kicaken.”
(“We have a stranger here who says, ‘I’m a leader’. Maybe he would lead,” they said)
Momusen, em-pohvthoyen. Momusen, atakhvtvpiket, momusen-vlicehcet taye-heren yvhiket…
(Then he was invited and he got down by the fire and started singing loudly…)
“Mvn, vnkomatsket omis,”maket yvhiket onkv, vhere-mahe-ont takliket-omen.
(“This is what they want of me,” he said, singing, really exaggerating as he danced)
“Omvlkuset, em-vnicvkes, hvm-makof-kicet,”em-vcahnet omhoyen…
(“Let’s help him as he leads,” they said, encouraging him…)
Mv-etvlwv, vtehkat, omvlkuse-ont, em vnihocen estakliket omen, Tayepvtes, kont, oh-vrakkuehoce,here-mahen.
(Almost all of the tribal towns helped him as he led, and he thought “This is what I wanted” and was greatly honored)
Opanet on omis, Totkvn eyacet aret okan kerreskot, omhoyen…
(Although he was dancing, his mission was to get the fire, but they did not know this…)
“Sem vhopyat, totkv tis, estak-ese hayet omen…
(He made motions, pretending to pick up the fire…)
Ayen mvn okekv, enke colokcowvn vlofet omat… Totkv, tak-ehset, hvtvm ekv-vnrkvpvn matv-pomen, ohlofet omvtet, torvwvn, kohlihcet…
(Time passed, and as he intended, he smeared tar on his hands…Picked up the fire, and having more tar smeared on the middle of his head, he started running…)
Momusen, senletiken..assecet, “Totkvn, espunletket’os!” kicet omhoyis, cakhokekon rastikvtes.
(They chased him, saying, “He’s running away with our fire!” But they didn’t catch him and he crossed back over.)
Mvt, totkv hekuecvtet, omistvnts, mahokvnts ce.
(Thus he obtained fire and brought happiness to his people, it is said).
