Who Screwed Up?

[tokakte]

This is a question that was asked on the "other" site. Given the complexities of this case, I think it's a reasonable question. My take is that the U.S. Government has the Trust Responsibility, and I'm satisfied that the pleadings so far have shown that they breached that trust. The Communities, Shakopee in particular, were "enriched" by this breach. As a result, they may be summoned in to the case..remember, USGov was the first to raise that possibility, as I understand it, to help pay the bill if not to "foot it" entirely. The Communities, LS excepted, are responsible for causing this legal mess, because if they had practiced fair and reasonable enrollment policies, this case would very likely never have been filed in the first place. The first litigants would have been accorded their rights as enrolled tribal members, and the rest of us would never have had reason to get involved..although Gov would still have been guilty of breaching their Trust Responsibility to the linear descendents.
Tokakte

[dakota20]

Shakopee and Prairie Island are not involved yet. The judge hasnt ruled on the motion by Erick to sue them. He is only asking him to.

[tokakte]

You are correct, dakota20. And I look for them to fight being summoned with everything they can muster. They know that the only reason they're being invited to the party is to pick up the check. The Indian Tucker Act provides for this possibility, and apparently they can't use tribal sovereignty to avoid being summoned.
tokakte

[wazi]

I think this is all true...as lineal descendants we would never had this opportunity if the three communities would have had better enrollment laws.


wazi

[wazi]

I understand what you are saying Jamie. It is frustrating to participate in a don't have time to communicate with the likes of you lawsuit. I suppose for me is the positiveness that when this is over, we as people will have a choice and Dr. B will no longer have that illusional power of people. Hang in there, we are all getting close.

wazi

[tokakte]

Jamie, you make a good point. However, I have a hunch that this case will take a long time in any event. This motion by Erik and Co. sort of took me by surprise. I figured USGov would move to summon when they had lost and were facing a huge settlement bill. This move by Erik may have caught Gov off guard also, because they look like they have been saving their legal ammunition for the appeal. Now, PI and Shakopee will have to get involved in a big way to protect their per capita income; but I can't really see how many new legal issues are left to be raised. In sum, I think Erik and Co. pulled a clever move, forcing Gov and the three tribes to play in Judge Lettow's Court and not a the next level. I admit, this is all speculation, and I could be dead wrong. But things are definitely going to get even more lively from now on.
Tokakte

[mdenney]

thanks for the reply, I totally agree with all that is said here. the case how ever...well that is not really savy to me. Fact remains in my mind that she has got to go!

thank you guys.

[terry]

Another slam? You don't make many friends that way,especially ones that you can trust.

[mdenney]

"dakota" don't play well with others... remember!

[mdenney]

I am santee dakota want a copy of my U#? Federal Property for life.

[wazi]

oh Dakota u r so funny.....

wazi

[sav]

I have read the "Beyond Sovereignty: The Mdewakanton Identity Heist." Written By Dr. Barbara Feezor Buttes. In this book it mentions that the Lower Sioux Community Council had the Jurisdiction to make recommendations to the Bureau for 1886 Land Leases at Prior Lake. Does this Jurisdiction help us Mdewakanton in any way at giving us leverage to acheive the status of sharing all benefits equally amongst all three communities? & If so it'll be mostly decided upon through votes by all three communities. Right?

[mdenney]

sav said:

I have read the "Beyond Sovereignty: The Mdewakanton Identity Heist." Written By Dr. Barbara Feezor Buttes. In this book it mentions that the Lower Sioux Community Council had the Jurisdiction to make recommendations to the Bureau for 1886 Land Leases at Prior Lake. Does this Jurisdiction help us Mdewakanton in any way at giving us leverage to achieve the status of sharing all benefits equally among st all three communities? & If so it'll be mostly decided upon through votes by all three communities. Right?

3 communities...well what about the rest that do not live in those communities, and yet they share equally in the claim? Your question is highly educated?

But here I would say NO! well, why you ask? because your question came in a sentence that states they had the the jurisdiction, but now they do not? It is hard to determine this from a had, and do they still posess the ability to make the recommendation?

I would say no, but maybe someone else has the answer?

[sav]

I am clueless to the current situation with the Jurisdiction issue. Perhaps it would be best if Prior Lake simply loses it's Federal Recognition all together due to it's impostor status? & That would most likely lead to a unity between Lower Sioux & Prairie Island? Even though I"ve heard Prairie Island is similar to Prior Lake, & is currently occupied by non lineal descendants as well. So....what would happen to the Prior Lake 1886 Lands if Prior Lake loses it's Federal Recognition status, due to it's fraudulent & unlawful establishment?

[sav]

My apoligies. I'm searching solutions to this case. & my ideas are so outrageous at times, that I pray the whole Sioux Nation could just be one again.

[mdenney]

you and me both...well in a way.

[dakota20]

The only way S.M.S.C can be terminated is through congress....And I dont think thats happening anytime soon. Judge lettow cant terminate S.M.S.C he doesnt have that much authority.

[sav]

If Lower Sioux currently had Jurisdiction at Prior Lake. Voted Crooks out, & establish a new council & community consisting of true direct lineal descendants. Things would be better dayz. Maybe, Lower Sioux should ask for Jurisdiction over Prior Lake through congress. After all, Lower Sioux does consist of enough members to be a community with such power. & why would Congress deny Prior Lake's 75% + impostor status? Congress would much rather destroy a fraudulent claim. Right?

[tokakte]

As I understand it, all this certification business is needed to make this case a "class action suit", like the Cobell Case. I'm sure there are those in LS that think that they have a preferential position in deciding how and what damages can be awarded, but I think that all of us are on equal footing; and that the settlement will be equally divided among us if we win.
I don't see how the court can set up different levels of worthiness that would see some of the damages go members of the three communities, and some lesser amount to the rest of us are enrolled elsewhere.

[tokakte]

By the way, Dakota20, you're right again. Congress giveth and Congress taketh away. Maybe Shakopee should never have been recognized, and even though some argue that they are a "community" and not a "tribe", they are a federally recognized tribe as far as the law is concerned, and the judge can't touch that.