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Tuesday July 19, 2005
No one should prejudge trust fund settlement figures;
Guest commentary by Louis Gray Native American Times There have any number of significant milestones in the Quixote-like battle Blackfeet Indian Elouise Cobell has waged against the Interior Department’s mishandling of trust funds. But at this time, the crossroads are forming an inescapable collision of forces, which will no doubt bring this shameful episode to an end.
Ten years into the effort to bring about settlement and reform to the trust fund debacle, last month key Indian leaders issued a list of 50 principles from the tribes’ viewpoint.
The list was all encompassing and put forth a settlement figure to consider for the settlement amount, otherwise known as the thing everyone wanted to know in the first place. This effort was created at the urging of congressional leaders. It was thoughtful, fair and exacting in professional approach.
One of the most important figures in this convergence of energies, U.S. Senator John McCain (202-224-2235), has theorized the $27.5 billion recommended by Indian leaders is too high. Of course he never said it wasn’t owed or that Native Americans aren’t entitled to even more. McCain is the chairman of the U.S. Senate Committee on Indian Affairs and should remember the days of the Savings and Loan crisis/theft/debacle of the 1980’s. The federal government had a limited fiduciary role in that mess. It was a billion dollar set of problems created by greedy lenders and irresponsible loan practices. Innocent investors were going to lose billions of dollars. The downfall would have damaged the economies in hundreds of communities. Congress not only covered the insured amount; they covered all of it. They punished many of the guilty and reformed the system. If the government can do that for the S & L’s of this country, they can do it for Native Americans. They can and should do no less.
McCain is joined by Democratic leaders U.S. Senator Vice Chairman Byron L. Dorgan North Dakota (202) 224-2551. Dorgan has not come out and prejudged what his fellow Senators are prepared or not prepared to do at this early point.
In this case, the federal government doesn’t have a limited role they have a total responsibility. In truth many have surmised Native Americans are owed Billions of dollars more than the $27.5 suggested. There shouldn’t be a rush to short-change the Indian; Native Americans should be given every consideration.
Of course if you were to listen to Ross Swimmer the man who would say anything for a good job in government you’d come away believing the government is innocent. In an op-ed piece in the Sunday World (7/17/05) he suggests the error rate for underpayment is “likely” far less. Although despite the records piled to the heavens, he cannot prove his assessment. But, Swimmer is following the old “Big Lie” method of saying something incredible over and over until at least some believe him. He should be ashamed of himself. Swimmer is the Special Trustee for the Department of Interior over trust funds. The only thing special about him is his interpretation of the truth and trust.
U.S. District Judge Royce C. Lamberth has watched the government drag their feet, lie, distort and destroy evidence for the past 9 years. His words as of late have been particularly harsh.
In a 34-page opinion he ordered the Interior Department to include notices to Indian land and account holders that the information they receive from them may not be credible. He did not mince words.
“For those harboring hope that the stories of murder, dispossession, forced marches, assimilationist policy programs, and other incidents of cultural genocide against the Indians are merely the echoes of a horrible, bigoted government-past that has been sanitized by the good deeds of more recent history, this case serves as an appalling reminder of the evils that result when large numbers of the politically powerless are placed at the mercy of institutions engendered and controlled by a politically powerful few,” Lamberth said in his opinion.
These are not the words of a United States Judge who sits in judgment of the largest class action lawsuit in the history of the world. This country, which is quick to tell other countries to treat their indigenous people humanely and justly, can be cavalier in their historic indifference to this country’s first citizens. The judge was more exacting.
“As if they were somehow less than deserving of the respect that should be afforded to everyone in a society where all people are supposed to be equal,” Lamberth said.
Still the Interior Department is distorting the truth and dragging its feet like some silly knee jerk reaction. When there is a settlement, they will still say they were innocent. It is apparently just not in them to be honest and just. It looks like that will be the job of the most deliberate political body known on earth; the United States Senate. We appeal to their greatest goodness and deepest sense of justice to do what is proper.
Moral absolutes for lawmakers are not much different than they are for everyone else; when we walk up to the crossroads we always have the choice to do the right thing. What do our higher ideas tell you?
