Thank You For Smoking, Part Tali: Follow the Money

We got some feedback about our blog regarding the mysterious smoke shop subsidy, which puts money in the pockets of people who sell cancer sticks in our communities.  Seems pretty stupid, but it passed the Tribal Council unanimously, and Baker’s treasurer was there to support it.  So someone said we should follow the money.  As in, whose pockets does that $725,000 land in?  And lo and behold, the mystery became much clearer.

First, remember that the money helps two classes of people:  1) the people who lease their land to smoke shop owners, who now have most of their rent guaranteed, and 2) the smoke shop owners themselves, who now don’t actually have to pay their own rent. 

So a closer look shows that one of the proponents of giving Cherokee money to cancer peddlers instead of senior citizens was Chuck Hoskin, Jr.  And it turns out that his dad, Chuck Hoskin, Sr. owns land that is leased to a smoke shop.  Cha-ching!  What a great deal!  Chuck Jr. didn’t even recuse himself, he just voted to have the Cherokee Nation send money to his dad.  Pretty sweet.  It must be tough for Chuck Sr., making ends meet.  He’s already having to work two full-time jobs (State Rep and Chief of Staff).  The Nation was only paying Chuck Senior $130,000 this year, and the State of Oklahoma was chipping in a mere $38,400. 

While that’s not bad for a guy who lives in Vinita but whose offices at both of these “full-time” jobs are in Tahlequah and OKC, he did manage to find a way to squeeze another few extra bucks out of the Nation.  Well played.

Who else?  Well, who else is close to Baker?  No one is closer, literally, to Baker than the guy whose job is to drive him around.  Billy Bob Dougherty was a campaign donor Baker hired to be his driver/special projects guy.

But guess what?  Dougherty also owns a smoke shop and apparently needs a second check from the Cherokee Nation. Thanks to his boss/co-pilot, he doesn’t have to pay rent at his store anymore, according to the Cherokee Phoenix. 

So, he can continue selling low-tax tobacco, because of course it is in the Nation’s best interest to do so.  And the idea of giving the Cherokee people’s money away to people who sell tobacco, instead of say, that elder stipend we’ve be waiting by the mailbox for, is not just a stupid idea.  It’s starting to look like a corrupt one.

School House Rock Edition

In a lost edition of "School House Rock," 
n animated piece of paper explains Cherokee Blood Law

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At the last council meeting, they went all School House Rock and showed us how a bill becomes a law.  Importantly, the council decided that, since APCSJC went to federal court and made a deal that was against Cherokee Nation law, the council needed be a little more involved in these sorts of decisions from now on.

So they passed a law that puts the council in the middle of any decision in which the Cherokee Nation lets another tribe put land into trust within our jurisdiction-- which, as we pointed out, is a big deal right now because the UKB is trying to put their illegal casino into trust status and the tribal council wasn’t informed.

Attorney General Diane Hammons told the Cherokee Phoenix that she was planning on filing a protest to the application.

As speaker of the council Meredith Frailey pointed out, “This is pretty serious stuff when another tribe comes within our jurisdiction and tries to put land in trust.”

Deputy Speaker Cara Cowan-Watts took it upon herself to send the BIA a letter herself, just to make sure they knew that we are “adamantly opposed to any other tribe putting land into trust within the legal and sovereign boundaries of the Cherokee Nation.”

While Baker hasn’t commented on how tough he will be on his buddy George Wickliffe who is trying to carve out a piece of Cherokee Nation for himself and the UKB, Baker's Choctaw aide Kayln Free told the Cherokee Phoenix, “Chief Baker will always protect and defend the sovereignty of the Cherokee Nation and will aggressively defend the Nation’s boundaries and any encroachment within those boundaries.”

If so, the council’s vote might be unnecessary.  But it’s not guaranteed, and it’s not a bad idea to make sure that all branches of the Cherokee Nation government involved and someone can’t singlehandedly decide to give our land away.

As some council members pointed out in committee meetings, that kind of thing used to get people killed.  In this day and age, the least our elected officials should do is to follow the lead of Cowan-Watts  and send an angry letter.

Larry E. Hawk is From The Federal Government and He's Here to Help

Larry E. Hawk's motto.

The Cherokee Phoenix is writing a story that quite a few people have been slow to pick up on:  Larry E. Hawk from the BIA (Bossing Indians Around) is not a friend of the Cherokee Nation. 

Will Chavez writes a good story and it seems pretty clear:  The BIA wants to have its cake and eat it too.  Larry E. Hawk sent the Nation a letter a few weeks ago, saying the BIA doesn’t recognize our 1999 Constitution or our 2010 election laws.  Only he sent it to then acting principal chief S. Joe Crittenden (APCSJC), who was elected under the 2010 election laws.  If they didn’t recognize those laws, then why would they recognize APCSJC and send him a letter?  Turns out, they only want to not recognize the Cherokee Nation’s Constitution on days when they feel like it.  In this case, Mr. E. Hawk wanted to make sure non-Indians (freedmen) got to vote, so on that day, he decided the Cherokee Nation’s 1999 Constitution wasn’t in effect.

However, as Chavez pointed out, since the Constitution was implemented, the BIA has recognized us (almost) every single day of every single year.  They recognize our council members and our courts.  They give us buckets of money, which is pretty bad policy if, according to Mr. Larry E. Hawk, we are not operating under a valid Constitution.  So the Cherokee Nation is faced with two options:  Either the BIA is incompetent and has been giving the Cherokee a bunch of money when it shouldn’t, or the BIA is just trying to boss us around, even though they don’t have the right to tell us what our Constitution is or says, because, what the heck, it worked with APCSJC.

So what does Baker think? He tells the Cherokee Phoenix he’ll stand up for our sovereignty, as long as it doesn’t cost us federal funding.  “What I won’t do is risk $500 million dollars in federal funding for our 300-plus thousand Cherokee citizens.”  Which is right in line with what S. John Crittenbaker have done already, for only $30 million in HUD funds.

Baker says he’s ‘weighing the pros and cons of the BIA’s stance,’ though we’re not sure what the pros are, unless having someone telling the Cherokee Nation what to do is a pro because then we wouldn’t have to make any pesky decisions ourselves, we can just rely on the smart and trustworthy folks at the BIA to do it for us.  After all, having the federal government make decisions for us seems to have worked out really well so far. Weren't they the ones who arranged for us to relocate here in the first place?

In the meantime, Larry E. Hawk was at Baker’s inauguration and told us all this:  “I pledge to hold the Cherokee Nation’s sovereignty in high regard.”  We at the Cherokee Truth would hate to see what would happen to us if he started holding Cherokee Nation’s sovereignty in low regard. 

He Means Business!

Bill John Baker means business.  He told us so, and one of his first orders of business looks to be replacing the Cherokees who run our businesses.   

According to the Cherokee Phoenix, Baker is appointing five new board members, and giving the boot to four folks who are on the board of directors.

The people who Baker does NOT want to run our businesses are:  the former CEO of CITGO, the third largest independent oil refiner in America (David Tippeconic), the executive vice president for financial services for Bancfirst, a bank with $5 billion in assets (Jay Hannah), the top guy at one of the biggest, if not the biggest, commercial real estate company in Tulsa (Mitch Adwon of Adwon Properties) and a financial executive at one of Oklahoma’s only Fortune 500 companies, ONEOK (David Ballew).  All are Cherokee.  All have helped, in some degree, build businesses that now make $90 million a year.

The people Baker wants to replace them are: Tommye Sue Wright, Bob Berry and Michael Watkins, of Tahlequah, as well as Stilwell’s Rex Earl Starr and Brent Taylor from Pryor.  The Cherokee Phoenix sums up their experience:

“A real estate agent with Century 21, Wright manages more than 50 sales agents and support staffers and is responsible for more than $60 million in real estate sales annually...

A graduate of Harvard Business School, Berry is the founder of American Nursery Products and Tri-B Nurseries. His family owns two nurseries and Tahlequah’s Cherry Springs Golf Course... 

Starr is a private practice attorney whose clients include five school districts in Adair and Sequoyah counties...

A graduate of Northeastern State University, Taylor is an entrepreneur who has brokered lease agreements with Jackson Hewitt, Pizza Hut, Covington Finance and Pryor Creek Music Festivals...

Watkins retired earlier this year after eight years as chief financial officer and controller of Park Hill Plants. He is a former vice president of Cherokee Nation Enterprises, now Cherokee Nation Entertainment.”  

All of these people have had good careers.  The Phoenix doesn’t mention it, but we’ll give Baker the benefit of the doubt that they are all Cherokee until we're told otherwise.  And maybe it’s just us, but when you are replacing a guy who has run one of the biggest companies in the world with a guy who’s resume includes lines like ‘brokered lease agreements with Pryor Creek Music Fesitivals,’ or one of the top guys at a $5 billion bank with a guy who does a little legal work for “five schools in Adair and Sequoyah counties” that seems like a downgrade. 

Election Limbo Part II, Day 18: Supreme Court Flips the Bird

Lots happening in the last couple of days, so there is a lot to analyze.  Initially, we thought it would be 48 hours before the election commission certified the results, and we could talk about the CN’s Supreme Court ruling.  But the Election Commission finished up today instead, and the results look a lot like they did before.  The totals ended up being 10,703 to 9128.  No big surprise there.  

The Cherokee Nation also released information about timelines for appeals, and it looks like October 24 would bethe earliest date for an inauguration. That would be after the timelines for recount and appeal.  If there is an appeal, it would be after that.

Why would there be an appeal?  Well, as we alluded to yesterday, the Cherokee Nation Supreme Court gave a big middle finger to APCSJC by issuing an order saying Crittenden “entered into an agreement… that contained terms that were in direct violation of the Constitution and an order of this court….”.  The order also said that APCSJC “had no authority under the Constitution to bind the Cherokee People to an agreement without their consent when such agreement would violate a provision of the Cherokee Nation Constitution.” 

That agreement, FYI, was the agreement that made Freedmen citizens again, right before the federal judge was about to rule that they weren’t.

  

The Justices are basically telling everyone that the election, where hundreds of Freedmen voted and hundreds of late votes were counted in Baker’s home town, should have ended on September 24, because that is what Cherokee Nation’s laws said to do.  But it’s not what S. John Crittenbaker wanted, so it’s not the deal they made with the freedmen and BIA.  The deal they made broke tribal law, and the Supreme Court sat up, took notice, and made said metaphorical gesture.

 

So how will this all shake out? Baker will want the freedmen votes to count, because he won.  Smith would probably want the election thrown out, because it was done in violation of tribal law (and he lost).  The Cherokee people probably just want it all to be over.

7 Days Until the New Election:Truth Check

In the latest edition of the Cherokee Phoenix, both candidates got a column in the paper, and the Phoenix did their truth report as well (scroll down to page 6 for the columns, page 7 for the Truth report).

Baker used his column as basically a campaign ad.  The Phoenix ran a truth report on Baker’s column and found some information that didn’t add up.  Baker wrote that “the chief relates a story calling anyone who asks for services an ATM Cherokee, and then turns around and takes a $2 million plane for a test ride before the nation buys it.”

The Phoenix reports that Smith was quoting someone else when he mentioned the phrase ATM Cherokees, and applied it to people who only want a blue card to get benefits.  That’s not ‘anyone who asks for services.’

Also, Cherokee Nation didn’t buy the plane, and doesn’t own the plane.  Cherokee Nation Businesses owns the plane, or, as we like to call it Cherforce One, and the Nation pays to use it.  And we already confirmed here a couple of months ago that Smith had flown on the plane before CNB bought it.

The Truth report in the Phoenix also talks about how Baker did indeed accuse Smith of calling an illegal meeting, when in fact it was not an illegal meeting, and no one thinks so, even the guy Baker was relying on asa source for the his claim, council attorney Todd Hembree.  

The Cherokee Phoenix didn’t put Smith’s column through the truth test, probably because Smith didn’t use his column to trash talk Baker.  Smith instead talked about the lessons he learned from his mother, who recently passed away.  He says she lived her life trying to make the lives of others better, and that he has tried to follow her example.

Thanks to the folks at the Cherokee Phoenix for checking into some of the statements the candidates are making.