Crossing the (Party) Line

Yesterday we talked about the quick response of Chief Baker to a disgusting stereotypical sports chant some Republican campaign staffers used to mock Democrat Elizabeth Warren.

What wasn’t clear is Baker’s involvement in the Democratic Party and what it means to the Cherokee Nation.  Thankfully, the Cherokee Phoenix, just 20 days after the closing of the Democratic National convention, has given us this update on what Baker was up to in North Carolina.  

Chief Baker at DNC

Baker was a delegate and got to speak on TV and to the entire convention.  Besides saying that Obama was the best president ever, Baker got to show off his awesome ribbon shirt and ability to read, in halting English, what was written on the card in front of him.  He said, “To stand on a national stage as principal chief of the Cherokee Nation and cast my delegate vote for President Obama on behalf of the state of Oklahoma helped shine the national spotlight on the Cherokee Nation.”

Reading between the lines, what really happened here is that the national spotlight showed the Cherokee Nation endorsing Obama.  Who happens to be the least popular politician in Oklahoma right now.  In a state where our state house of representatives is overwhelmingly Republican, our state Senate is overwhelmingly Republican, our Governor is Republican, both our U.S. Senators are Republican and every Congressman is Republican except for the one who is retiring and who might be replaced by a Republican Cherokee Nation citizen who calls Obama a socialist. 

Baker tells the Cherokee Phoenix that Obama’s “collaboration with tribes is unprecedented and shows that he truly values the Indian perspective and respects our sovereignty.”

Well, Obama's BIA and Department of Interior leaders definitely respect the UKB’s sovereignty, letting them take land into trust inside Cherokee Nation's jurisdiction when every other president (Democrat & Republican) has preserved the Cherokee Nation’s territory.  And Obama definitely supports the Freedmen’s sovereignty, when every other president has agreed that the Cherokee Nation has the right to determine their own citizenship. 

So what is it that makes Mr. Baker say Obama is the best president ever?  Could it be that they gave Baker a microphone and a spotlight?  Because it doesn’t seem like the Cherokee Nation as a whole is getting much out of this deal.

So the Cherokee Nation is now officially taking sides in U.S. partisan politics, and Baker is actively and publicly choosing the side that has exactly zero power with our state or possibly ANY of our federal representatives.  But hey, it makes our Chief feel good. And it only cost us $10,000 worth of dentures and eyeglass money for him to go, so that’s a good thing. 

Candy and Nuts

If ifs and buts were candy and nuts... 
and a big IF from a gaming commissioner.

Thanks to a tip from a reader, and some information that came up in the rules committee meeting, it looks like the guy who is singlehandedly responsible for keeping the UKB’s casino open (even though the state wants to shut it down), is now being appointed by Bill John Baker to be a gaming commissioner for the Cherokee Nation.  

A few years back, John Garrett was a judge in Adair County. The state of Oklahoma was threatening to shut down the UKB’s casino. And John Garrett signed a document, that to this day, is the only reason the casino is open.  He signed an order, since appealed in the federal court, that said the state couldn’t enforce the law, and that even though the UKB’s casino wasn’t on trust land, they couldn’t be shut down.

For that, John Garrett was awarded a seat on the UKB’s Supreme Court, which is a pretty good gig, we guess.  He kept that job up until the time that something better came along: a chance to be gaming commissioner for Cherokee Nation.

When he was being questioned in committee, Garrett was part of this exchange (about 45 minutes into the December Rules committee meeting)

Cara Cowan Watts: “How do you feel about the UKB’s claims to land in our jurisdiction?”

Garrett: “If I’m approved as a gaming commissioner, my loyalty is of course to the Cherokee Nation.”

CCW: “So it just depends on who you work for?”

Garrett: “Well….” (awkward pause….)”

Later on, Garrett reiterated his “If’ statement, making it clear that, like any good lawyer, he would be happy to take the Cherokee Nation’s side as long as the council approved him, hired him and paid him.

Garrett admitted to helping the UKB back in the day when he was a judge and at one point acted like he didn’t have a choice but to give the UKB what they wanted in court, even though it was obviously a federal issue and today, more than half a decade later, the federal court is still weighing its options on a case Garrett decided in the UKB's favor in a single day.

In the end, six council members thought the UKB Casino’s best friend (who says he would switch his loyalty “If” the council approved him) was not the right guy to oversee the Cherokee Nation’s casinos.  10 council members, and of course, Chief Baker, thought he would be a good choice.  Oh yeah, one more thing: in the confirmation process, Garrett admitted he gave Baker’s campaign $2,000. Merry Christmas.

Baker Chooses Head

Not Pictured: Charles Head.

Bill John Baker has made his nominee for Secretary of State and it’s a guy named Charles Head.  Head, the current BIA boss in Muskogee, is taking the place of Melanie Knight, who resigned.

Knight, on her way out the door, sent an all employee email saying “The Nation has all of the tools for success and the opportunities with what we have built are endless.  The most valuable resource is each of you; as individual employees and teams your work determine our success as a Nation.”

Baker, nominating Head, said: “With his experience working with the federal government and tribes across this area, Charles Head is a natural fit to be secretary of state…. His talents have served the Cherokee Nation well in the past and they will once again be a tremendous asset.”

Baker points out that Head has a lot of good experience working with tribes in this area, but what might trouble some is his experience with one tribe in particular.  The last we heard from Mr. Head, he was busy telling the Cherokee Nation that the BIA was going to put the UKB’s casino land into trust unless the Cherokee Nation objected. 

We’re sure he was just doing his job. But the Secretary of State for the Cherokee Nation is supposed to stand up for the Cherokee Nation’s sovereignty, and it’s a little scary that the guy Baker is nominating to do that is the guy who was attacking our sovereignty last month.

Head’s nomination is on the Rules Committee agenda for Tuesday. 

Another interesting thing is that Baker’s nomination includes a time frame, a four-year term for Head to serve, from January 2012 to January 2016.  The constitution says each chief gets to appoint his/her own Secretary of State, and Baker’s current term expires August 14, 2015.  If Baker’s re-elected, Head should be golden, but if not, then by the constitution he’ll be out unless the new chief asks him to stay.  It’s silly to try to write a law that says otherwise, but that’s what is before the council.

There are several other important agenda items on the Rules committee agenda for Tuesday.  Be sure and check it out if you can.

School House Rock Edition

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

.

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.

Council Members Accuse Baker of Secrecy

The UKB is trying to put their casino land into trust, and at least one council member thinks new chief Bill John Baker knew about it and didn’t tell the council.  According to news reports, the BIA sent a letter to the Cherokee Nation saying the UKB wanted to put their casino in trust, and no one knew about it until Monday night.

That made Jodie Fishinghawk pretty mad, so mad she managed to insult both Smith and Baker in 15 seconds or less.  She said, according to the Tahlequah paper, “I expected this sort of secrecy from the Chad Smith administration…Bill John, I did not expect it from you.”

This came up during the debate about the bill that would make the Cherokee Nation fight against anyone, including Baker’s inauguration buddy, UKB Chief George Wickliffe. And that no one knew about it, even though the BIA supposedly sent Baker a letter about it on November 4, and we only have 30 days to say we don’t like it.  

Dick Lay, a new council member, told the Cherokee Phoenix that “It stuns me that nobody has come to us before now with this information.  I’m just stunned and upset.”

  

The measure passed, and Baker now has to object to the UKB putting land into trust.  We wonder if that means the Baker/Wickliffe honeymoon is over. They are chiefs of different tribes, and sometimes what's good for one might be bad for another one. And no matter how Wickliffe slices it, the UKB isn't the Cherokee Nation, and Baker's job is to stick up for the Cherokee Nation, even if it makes Wickliffe and the UKB mad.