The trial is scheduled to start Monday, December 3, in Washington, D.C.

If held in contempt, Norton would become the third Cabinet officer sanctioned by U.S. District Judge Royce C. Lamberth in the class action (Cobell v. Norton) brought by IIM trust beneficiaries against the Secretaries of Interior and Treasury to force an accounting of billions of dollars in revenues from Indian-owned lands. McCaleb’s predecessor, Kevin Gover, also was held in contempt by Lamberth.

In a three-page order, Lamberth cited Norton and McCaleb for violating his Dec. 21, 1999 order to clean up the trust and provide an historical accounting, and for lying to the court about their lack of progress on trust reform in false quarterly reports to the judge. Lamberth also singled out their failure to disclose the “true status” of TAAMS – a severely troubled new computer system on which Interior has spent $30 million – and of clean-up of accounting data essential to trust reform.

“Here we go again,” said Elouise Cobell, who is the lead plaintiff in the case. “It is unbelievable that Norton and McCaleb wouldn’t have learned their lesson from Babbitt and Rubin. This is proof positive that the IIM trust must be taken away from Interior and placed in the hands of a receiver before true trust reform will ever have a chance.”

Lamberth based much of today’s order on a series of scathing reports submitted by a court monitor, Joseph S. Kieffer III, who was appointed by the judge in May to assess Interior’s compliance with the court’s trust reform orders. Kieffer’s reports documented repeated falsehoods in what Interior was telling the judge about the accounting, TAAMS and data clean-up.

The Cobell plaintiffs have asked that approximately 50 Interior and Justice Department officials, including attorneys, be held in contempt for violating court orders and/or misleading the judge. Lamberth said in today’s order that he was deferring action on all but Norton and McCaleb for the time being.

8/15/02 - Elouise Cobell To Visit Oklahoma and Discuss Trust Funds Litigation

7/23/02 - Elouise to Appear on Native America Calling

7/23/02 - PLAINTIFFS IN COBELL V. NORTON LITIGATION FILE CRIMINAL CONTEMPT CHARGES AGAINST EDWARD B. COHEN FOR DESTROYING TRUST RECORDS

7/18/02 - U.S. REPRESENTATIVES DALE E. KILDEE AND J.D. HAYWORTH, CO-CHAIRS OF THE CONGRESSIONAL NATIVE AMERICAN CAUCUS, ANNOUNCE THAT

7/17/02 - UNITED STATES HOUSE OF REPRESENTATIVES VOTED OVERWHELMINGLY TO STRIKE LANGUAGE PROPOSED BY SECRETARY NORTON

7/11/02 - WHITE HOUSE ASKS CONGRESS TO SHIELD ADMINISTRATION OFFICIALS FROM PENALTIES FOR BREACH OF TRUST AND DOCUMENT DESTRUCTION

4/18/02 - JUDGE BLOCKS PLAN BY INTERIOR THAT PUTS HUGE STORE OF TRUST RECORDS AT RISK

4/16/02 - JUDGE EXTENDS COURT MONITOR’S ROLE FOR AT LEAST A YEAR

4/11/02 - SPECIAL MASTER'S INVESTIGATIVE REPORT FINDS SPECIAL TRUSTEE'S INDIAN TRUST RECORDS TRAINING "UTTERLY FAILED"

4/11/02 - COBELL PLAINTIFFS SUPPORT EXTENSION OF COURT MONITOR’S TERM FOR AT LEAST ONE YEAR

3/22/02 - A MATTER OF TRUST: The Case of Cobell v. Norton

3/21/02 - COBELL PLAINTIFFS SEEK CONTEMPT SANCTIONS FOR WHOLESALE DESTRUCTION OF EVIDENCE

3/15/02 - JUDGE CHASTISES INTERIOR FOR FOOT-DRAGGING ON IIM CHECKS; COURT READY TO MOVE FORWARD ON CONTEMPT FOR 39 MORE

2/21/02 - COBELL PLAINTIFFS CONCLUDE NORTON CONTEMPT TRIAL WITH PLEA TO COURT TO “END THIS NIGHTMARE” OF TRUST MISMANAGEMENT AND GOVERNMENT’S LIES

2/13/02 - COBELL: NORTON’S TESTIMONY MAKES THE CASE FOR RECEIVERSHIP

2/11/02 - NORTON FACES QUESTIONING ON CONTEMPT CHARGES FOR FAILURES AS TRUSTEE FOR MISMANAGED IIM TRUST

2/7/02 - NORTON ORDERED TO TESTIFY IN CONTEMPT CASE

2/6/02 - COBELL CALLS FOR CONGRESSIONAL BACKING TO PLACE INDIVIDUAL INDIAN TRUST IN RECEIVERSHIP

2/5/02 - JUDGE BLASTS “TOTALLY IMPROPER” REQUEST BY NORTON TO GIVE CONFIDENTIAL FINANCIAL DATA TO CONGRESS

2/1/02 - COURT MONITOR FINDS MANY QUESTIONS UNANSWERED ABOUT FUTURE OF TRUST REFORM UNDER NORTON

1/31/02 - NORTON CONTEMPT TRIAL RESUMES

1/15/02 - REPORT ON NORTON’S FAILURE TO SAFEGUARD TRUST DATA IS SUFFICIENT EVIDENCE TO HOLD HER IN CONTEMPT, JUDGE SAYS

1/14/02 - JUDGE SUGGESTS TRUST PLAINTIFFS CALL NORTON AS WITNESS TO GET ANSWERS ON INTERIOR’S HISTORICAL ACCOUNTING FAILURE

1/10/02 - INTERIOR OFFICIAL IN CHARGE OF FAILED TAAMS SYSTEM MINIMIZES JOB AS “PRIMARILY OVERSIGHT”

1/9/02 - JUDGE SUGGESTS GAME-PLAYING BY INTERIOR MAY BE BEHIND INTERNET SHUTDOWN

1/8/02 - SPECIAL TRUSTEE TESTIFIES THAT INTERIOR GAVE COURT "INACCURATE, INCOMPLETE" REPORTS ON TRUST REFORM

1/7/02 - COBELL PLAINTIFFS ASK JUDGE TO ORDER NORTON TO ISSUE IIM TRUST CHECKS IMMEDIATELY

1/4/02 - INTERIOR’S FAILURE TO ISSUE IIM TRUST BENEFIT PAYMENTS
SMELLS LIKE POLITICAL PLOY, JUDGE HINTS

12/21/01 - QUARTERLY REPORTS FROM MARCH 2000 TO THE PRESENT HAVE MISLED JUDGE ON TRUST REFORM PROGRESS

12/20/01 - GOVERNMENT DROPS ATTEMPT TO BLOCK COURT MONITOR’S REPORTS AS EVIDENCE

12/19/01 - SENIOR TRUST OFFICIAL VOUCHES FOR REPORT’S ACCURACY ON FAILURE OF $33 MILLION IIM COMPUTER SYSTEM

12/14/01 - INDIAN PLAINTIFFS WILL SEEK PRELIMINARY INJUNCTION TO PROTECT TRUST ACCOUNTING DATA, SPEED UP CHECKS FOR INDIVIDUAL TRUST BENEFICIARIES

12/13/01 - INTERIOR, JUSTICE LAWYERS MASSAGED REPORTS TO JUDGE TO HIDE NON-COMPLIANCE ON INDIVIDUAL INDIAN TRUST

12/12/01 - TRUST OFFICIAL BACKS COURT MONITOR’S FINDINGS THAT INTERIOR SKIRTED JUDGE’S ORDER ON IIM ACCOUNTS

12/12/01 - INTERIOR STALLED ON INDIVIDUAL TRUST REFORM EFFORTS, HOPING JUDGE’S ORDER WOULD BE REJECTED ON APPEAL

12/10/01 - NORTON CONTEMPT TRIAL OPENS WITH TESTIMONY THAT QUARTERLY REPORTS TO JUDGE PAINTED FALSE PICTURE ON TRUST REFORM

12/6/01 - INDIVIDUAL INDIAN TRUST COMPUTER SECURITY FIASCO BECOMES LATEST CONTEMPT CHARGE AGAINST NORTON

12/5/01 - JUDGE ORDERS SHUTDOWN OF TRUST DATA SYSTEM AND SETS NEW CONTEMPT CHARGES FOR NORTON FOR FAILURE TO PROTECT INDIVIDUAL INDIAN TRUST

12/4/01 - INVESTIGATIVE REPORT FINDS LACK OF TRUST COMPUTER SECURITY “DEPLORABLE AND INEXCUSABLE”

11/30/01 - Judge Schedules "Worst Nightmare" Contempt Trial for Norton

11/28/01 - JUDGE ORDERS NORTON, McCALEB TO STAND TRIAL FOR CONTEMPT

11/15/01 - STATEMENT BY ELOUISE COBELL ON INTERIOR'S PROPOSED REORGANIZATION OF THE INDIVIDUAL INDIAN MONIES (IIM) TRUST

10/30/01 - JUDGE ANGRILY TELLS JUSTICE and INTERIOR TO GET READY FOR CONTEMPT IN COBELL CASE

10/19/01 - COBELL PLAINTIFFS ASK JUDGE TO TAKE CONTROL OF INDIVIDUAL INDIAN TRUST, SEEK CONTEMPT CHARGES AGAINST 39 AT INTERIOR AND JUSTICE

10/16/01 - SECRETARY NORTON’S REPORT TO COURT ON TRUST REFORM LABELED “UNTRUTHFUL, INACCURATE, INCOMPLETE”

9/17/01 - COURT MONITOR FINDS BIA TRUST DATA CLEANUP IN “DISARRAY”

8/14/01 - JUDGE REJECTS TREASURY ATTEMPT TO KEEP REPORT ON DOCUMENT DESTRUCTION AND ATTORNEY MISCONDUCT FROM THE PUBLIC

8/6/01 - COBELL PLAINTIFFS ASK JUDGE TO SET DATE FOR TRIAL ON TRUST ACCOUNTING

7/27/01 - SPECIAL MASTER’S OPINION: INTERIOR HAS ROUTINELY DESTROYED E-MAILS RELATED TO INDIAN TRUST LITIGATION

7/12/01 - COURT MONITOR SAYS INTERIOR IN VIOLATION

6/22/01 - HOUSE APPROPRIATORS, FED UP WITH INTERIOR’S DELAYS, SIGNAL END OF PATIENCE ON TRUST FUND ACCOUNTING

6/6/01 - SENATE COMMITTEE’S REVIEW OF FEDERAL MISMANAGEMENT RANKS INDIAN TRUST FIASCO ONE OF WASHINGTON’S “TEN WORST”

5/30/01 - INTERIOR AND TREASURY DROP FURTHER APPEAL OF INDIAN TRUST VICTORY

4/19/01 - SPECIAL MASTER ORDERS TOUGHER RULES TO PROTECT INDIAN TRUST DOCUMENTS HELD BY FEDERAL RESERVE

4/17/01 - Special Master's Opinion

4/16/01 - JUDGE APPOINTS “COURT MONITOR” TO REVIEW TRUST REFORM AT INTERIOR

3/20/01 - PLAINTIFFS ASK FOR EMERGENCY STATUS CONFERENCE FOLLOWING RELEASE OF NESSI MEMO ON TRUST REFORM

3/16/01 - BIA’S NESSI ADMITS TRUST REFORM EFFORT IS “IMPLODING”

3/15/01 - DESTRUCTION OF INDIAN TRUST DOCUMENTS REPORTED BY 16 FEDERAL RESERVE BANKS AND BRANCHES

2/28/01 - Cobell Plaintiffs Call Secretary Norton's Decision On Statistical Sampling An Ill-Advised Mistake

2/23/01 - Individual Indian Trust Beneficiaries Are Owed “Historical Accounting” of Mismanaged Trusts

2/21/01 - SPECIAL MASTER RECOMMENDS NEW CONTEMPT PROCEEDINGS AGAINST BABBITT, GOVER AND OTHERS

2/14/01 - FORMER SUPERVISOR SAYS SUPERIOR ORDERED HIM TO RETALIATE AGAINST BIA WHISTLEBLOWER

1/24/01 - BABBITT’S LAST-MINUTE ORDER TO CONDUCT “STATISTICAL SAMPLING” OF TRUST ACCOUNTS WILL WASTE UP TO $70 MILLION

12/1/00 - COBELL PLAINTIFFS ASK JUDGE TO APPOINT SPECIAL MASTER TO OVERSEE TRUST REFORM

11/28/00 - COBELL PLAINTIFFS ASK FOR SANCTIONS AGAINST TREASURY SECRETARY SUMMERS FOR FRIVOLOUS ATTEMPT TO KEEP REPORT SECRET

11/13/00 - INDIAN PLAINTIFFS ASK COURT TO REJECT SECRETARY SUMMERS’ ATTEMPT TO CONCEAL REPORT ON ATTORNEY MISCONDUCT AT TREASURY

11/9/00 - DOW JONES SEEKS COURT DECISION TO UNSEAL TREASURY REPORT ON ATTORNEY MISCONDUCT IN COBELL CLASS ACTION

9/15/00 - INDIAN TRUST PLAINTIFFS SEEK SANCTIONS AGAINST BABBITT, ASSISTANT SECRETARY GOVER FOR LOST AND MISSING E-MAIL, ALTERED COURT DOCUMENT

9/5/00 - FEDERAL APPEALS COURT PANEL QUESTIONS GOVERNMENT APPEAL OF DECISION IN INDIAN TRUST CASE

8/16/00 - INDIAN PLAINTIFFS SEEK CONTEMPT RULING TO END U.S. RETALIATION AGAINST KEY WITNESS