The Full Court Press
This is one of the great hidden stories of both the 20th and 21st centuries. More than ten years ago, Eloise Cobell, a Blackfeet Indian from Montana as the lead plaintiff, filed the landmark case, Cobell vs. the Secretary of the Interior. Originally filed in 1996 when Bruce Babbitt was the Secretary of the Interior, the named defendant had been changed to Secretary of the Interior Norton, who recently left her post. It probably will be changed again to reflect the name of the new Interior Secretary, Dirk Kempthorne.
Federal Judge Royce Lamberth, after a 59-day hearing in the summer of 2005, issued his opinion and conclusively decided in favor of the plaintiffs. For decades, 500,000 Indians have been denied payment for the lease of their lands and royalties for the extraction of resources on and under their property.
The evidence, as well as independent investigative sources, proved conclusively that U.S. government witnesses lied under oath and mishandled both trust fund accountings and payments to the beneficiaries. Judge Lamberth further opined that former Secretary of the Interior Gail Norton lied on the stand. Specifically, our government officials did not tell the truth about the lack of safeguards that prevent hacking and destruction of computer programs, the accuracy of the accountings and the destruction of documents. The U.S. government has received funds for years that should have been paid to the rightful beneficiaries of the funds. The judge also found that the government continues to destroy evidence and records in the case, currently refuses to pay beneficiaries and has not established program security safeguards.
It is clear the government is at fault, although the extent of the fault may be in dispute. The funds estimated to be owed Native Americans run from $3 – $4 billion to $100 billion. There are many accounts of Native Americans going without food, heat, adequate medical care and other essentials due to our government’s misfeasance and malfeasance. The government’s stonewalling, particularly the Bush Administration (other administrations also are at fault), is outrageous for several reasons, including the cost to the American taxpayers. Ms. Cobell has noted the government has admitted in congressional testimony that it had spent $100 million defending the lawsuits.
Contrary to the feelings of some non-Native Americans, most Native Americans are not getting “rich” from gambling casino money. This case reflects a continuing wrongdoing by our government against Native Americans who, under treaty and contract, are entitled to such funds. Ms. Cobell also has attempted to negotiate a settlement with Congress; she has not been successful.
We plan to do an in-depth story on this continuing tragic American saga in the near future.
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