Cobell on FSTV « Thread Started on Feb 2, 2008, 8:06pm »
Looking at Free Speech TV which is broadcast on Dish Network and probably others too. They have had some interesting stories during their fund drive this week. On their website I found a speech of Eloise Cobell from the 2005 National Grantwriters. It is about 47 minutes long and very informative. Anyway about 40 minutes in she mentions Senator Mccain. My ears are perked up now as this is THE presidential race. Apparently he wanted Eloise Cobell to as they say--"Take the money and run" They will do accounting from 2004 and up but they will not go back any further years and do an accounting. Well don't want to get too political here but that is not allowed in my books. The government should be made accountable for the mismanagement of any papers and funds they are entrusted with.
There is also a show on called America:Freedom to Fascism that also says there are many times trillions of dollars that are "unaccounted for"
This wrong has to be righted and the government needs to know that they cannot keep this a secret and that we will continue to call for accountability in the Wolfchild case as they are in Cobell's case. If this link doesn't work go to www.freespeech.org and you will find her under video--then features
Re: Cobell on FSTV « Reply #1 on Feb 2, 2008, 8:14pm »
Rechecked my source and it is under "special reports" on the left of the screen. Scroll down to see Eloise Cobell. You will need Realplayer to view it.
Judge holds one last hearing before big Cobell trial TUESDAY, JUNE 3, 2008 Filed Under: Cobell
The federal judge handling the Indian trust fund lawsuit said on Monday he plans to hold a two- to three-week trial to determine how much money is owed to hundreds of thousands of Indian beneficiaries.
The trial, which begins next Monday, will focus on amounts in the billions, Judge James Robertson said. In a ruling this past January, he suggested about $3 billion to $3.5 billion in trust funds has been withheld from Indian account holders.
Additional money could be awarded if the plaintiffs can show the federal government benefited from failing to distribute the funds, Robertson noted. "The plaintiffs are going to want to prove that if they number is $1 billion, they are owed $3 billion," the judge said during a two-hour status conference.
Robert Kirschman, a Department of Justice attorney, continued to argue that no money is owed to Indian beneficiaries. Claims that the government failed to collect, or distribute, certain trust funds aren't part of the case, he said.
"The 'should haves' aren't part of this trial," Kirschman told the judge. "We don't think they can prove it," he said of the plaintiffs' claims they are owed billions.
Since being assigned to the case in December 2006, Robertson has steadily moved it forward following years of acrimonious litigation and numerous appeals by the Clinton and Bush administrations. After 12 years, he is promising to come to a final dollar amount by the end of the summer.
In court filings, the plaintiffs argue they are owed $58 billion, a figure that includes "all advantages or benefits" obtained by the government since the inception of the Individual Indian Money (IIM) trust in 1887. A key aspect of the trial will focus on the exact amount of the alleged benefit.
In court yesterday, Dennis Gingold, an attorney for the plaintiffs, cited a slew of cases that he said supported their argument. Expert witnesses will testify about IIM trust funds going back to the late 1800s, he said.
"Each one of our witnesses is relying on the government data," Gingold said.
The government previously acknowledged at least $13 billion has passed through the IIM trust since the early 1900s. During a trial he held last October, Robertson saw government data that led him to believe about $3 billion to $3.5 billion wasn't distributed.
"We saw what the numbers were," he said. "I suspect the numbers are going to be different at this trial."
On Friday, the government in fact submitted a new administrative record that contained revisions to the data. But Kirschman said the analysis -- which is apparently based on studies not seen by anyone outside the government -- won't be made public until it is presented at trial.
Robertson was concerned that the Bush administration would withhold the information and initially ordered the government to turn over the documents to the plaintiffs. But he changed his mind after hearing Kirschman object to the request.
"Just bring your witnesses and we'll see how it goes," Robertson said at the conclusion of the hearing
The trial begins June 9 at the federal district courthouse in Washington, D.C. Testimony will be heard Mondays through Thursday, with every Friday off.
Joined: Aug 2005 Gender: Male Posts: 322 Location: Rockville, Maryland
Cobell AFTERMATH « Reply #4 on Aug 12, 2008, 9:43pm »
From: root@list.indiantrust.com [mailto:root@list.indiantrust.com] Sent: Tuesday, August 12, 2008 3:01 PM To: Indian Trust ListServ Subject: [Indian Trust] Cobell v. Kempthorne: The $7 Billion Offer That Never Was
A number of news accounts - particularly The Associated Press - are incorrectly saying that the plaintiffs have rejected a $7 billion offer from the government to settle the Indian Trust lawsuit. That simply isn't true.
Here are the facts:
The government has never offered to settle the Cobell vs. Kempthorne lawsuit at any price. Every proposal made by plaintiffs and by mediators to settle the case has been rejected by the government.
The Bush administration in March 2007 suggested it was willing to spend $7 billion over 10 years to resolve a wide range of major Indian issues, including land fractional land claims, the Cobell suit, all individual land mismanagement claims, the 100 plus trust lawsuits filed by tribes and pay for all of trust reform as well.
Oh yes, and it also included provisions to deny Indians any right to bring any future lawsuits for future mismanagement no matter how egregious. That final provision was essentially a license to steal. This proposal was universally condemned by everyone not associated with the government, including a wide range of Native leaders.
It never went beyond conceptual testimony to the Senate Indian Affairs Committee. And it contained no specific amount to settle the Cobell litigation.
In testimony before the committee Ms. Cobell said the figure was insufficient to settle her case alone. "This is not an offer -- instead, it is a slap in the face for every individual [with] trust fund litigation," she said. She did note that a mediator had suggested recoveries could run between $7 billion to $9 billion in the case. She said she "would want to talk about that more." Hardly a rejection.
But the Bush administration never followed up on her overture. In fact, federal officials have never made any offer to the Cobell legal team to settle the class action lawsuit for any specific amount.
In 2006, the Senate Indian Affairs Committee did introduce legislation to settle the lawsuit without a specific dollar amount. The Committee later amended that bill to include an $8 billion figure but the bill never moved out of the Senate Indian Affairs Committee because of objections raised by the government.
Lawyers for the Justice Department and the Interior Department have made clear throughout the Cobell litigation that the government's firm position is that the Individual Indian Money (IIM) Trust is not a real trust and that Indians are owed nothing no matter how much money and other assets are missing or have been looted from the Trust.
The position of the Cobell plaintiffs has long been that we will consider reasonable offers from the United States to resolve this case. Unfortunately, none has been put forth.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To view the latest information concerning this case, go to www.indiantrust.com
Joined: Aug 2005 Gender: Male Posts: 322 Location: Rockville, Maryland
Re: Cobell on FSTV « Reply #5 on Sept 4, 2008, 10:08pm »
From: root@list.indiantrust.com [mailto:root@list.indiantrust.com] Sent: Friday, August 29, 2008 9:16 AM To: Indian Trust ListServ Subject: [Indian Trust] Cobell v. Kempthorne: Judge Agrees to issue Indian Trust Order to Speed Appeal
WASHINGTON, Aug. 28 -- U.S. District Judge James Robertson agreed today to enter a written order next week that will allow Indian plaintiffs to promptly appeal his latest rulings in the long-running class action lawsuit over the government's mismanagement of Trust funds for 500,000 individual Indian Trust beneficiaries.
Dennis M. Gingold, lead lawyer for the plaintiffs, notified the Judge of plaintiffs' intention to appeal an August 7 ruling during a status hearing this afternoon. The appeal will focus on the judge's two recent opinions, including the most recent ruling that $455.6 million is due individual Indian beneficiaries.
Judge Robertson said at the Thursday hearing that he will enter an order next week and will hold in abeyance a decision on how the $455.6 million is to be divided and distributed to account holders pending a resolution of appellate issues.
Elousie Cobell, a member of the Blackfeet Nation from Browning, Mont., and the lead plaintiff, said after the hearing that she was gratified that the Judge agreed to enter a formal order so that the appeal can be expedited and post-judgment interest will begin to accrue. Judge Robertson had entered only a "memorandum opinion" on August 7, which could not be appealed.
"The Judge's agreement to enter a formal, written order will allow us to promptly resolve important issues under trust law that will determine the full extent of our recovery for the 121 year history of the Trust," Ms. Cobell said.
Joined: Jul 2006 Gender: Male Posts: 302 Location: SIOUX FALLS, SOUTH DAKOTA
Cobell... « Reply #6 on Oct 24, 2008, 4:25pm »
HMMM...A FRIEND OF MINE THAT LIVES ON ROSEBUD REZ JUST CALLED MY MOM AND SAID THEY JUST RECEIVED A DEBIT CARD FROM COBELL AND NORTON (REGARDING THE LAWSUIT)...A CHASE BANK DEBIT CARD...DOES ANYBODY ELSE KNOW ANYTHING ABOUT THIS?...
FIRST OFF...IT IS COBELL VS. NORTON...BUT THIS IS SECOND HAND INFORMATION...SO I THOUGHT I'D PUT IT TO THE BOARD TO FIND OUT IF ANYBODY ELSE HAS RECEIVED INFORMATION REGARDING COBELL...AND A DEBIT CARD...
I KNOW CREDIT CARD COMPANIES(LIKE CHASE) SEND OUT CREDIT CARDS, AND I WOULD ADVISE ANYBODY THAT GETS ONE TO FIND OUT WHAT EXACTLY IS GOING ON BEFORE THEY USE THEM (IF THERE IS ANYBODY ELSE THAT GOT ONE )...IT COULD BE BAD IF YOU DON'T...
From: root@list.indiantrust.com [mailto:root@list.indiantrust.com] Sent: Friday, August 29, 2008 9:16 AM To: Indian Trust ListServ Subject: [Indian Trust] Cobell v. Kempthorne: Judge Agrees to issue Indian Trust Order to Speed Appeal
WASHINGTON, Aug. 28 -- U.S. District Judge James Robertson agreed today to enter a written order next week that will allow Indian plaintiffs to promptly appeal his latest rulings in the long-running class action lawsuit over the government's mismanagement of Trust funds for 500,000 individual Indian Trust beneficiaries.
Dennis M. Gingold, lead lawyer for the plaintiffs, notified the Judge of plaintiffs' intention to appeal an August 7 ruling during a status hearing this afternoon. The appeal will focus on the judge's two recent opinions, including the most recent ruling that $455.6 million is due individual Indian beneficiaries.
Judge Robertson said at the Thursday hearing that he will enter an order next week and will hold in abeyance a decision on how the $455.6 million is to be divided and distributed to account holders pending a resolution of appellate issues.
Elousie Cobell, a member of the Blackfeet Nation from Browning, Mont., and the lead plaintiff, said after the hearing that she was gratified that the Judge agreed to enter a formal order so that the appeal can be expedited and post-judgment interest will begin to accrue. Judge Robertson had entered only a "memorandum opinion" on August 7, which could not be appealed.
"The Judge's agreement to enter a formal, written order will allow us to promptly resolve important issues under trust law that will determine the full extent of our recovery for the 121 year history of the Trust," Ms. Cobell said.
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