What the Hell is that Smell?

A few days ago I made a comment regarding the Mashpee Wampanoag's Land in Trust Application...or lack thereof.  The application reads like an amicus brief...arguing how the regulations are unfair...but the tribe will proceed as if said regulations actually mean anything.  Reading the application and trying to figure out what the hell this Tribe was trying accomplish was akin to solving a rubiks cube.  Luckily, we had the handbook, which was quite handy indeed -- but this post isn't about the content of the application. However, I will say  - very sneaky Cedric...but we know your game...it ain't gonna work and all the lobbying in the world won't change that.   My comment regarding the application was "we are so far down the rabbit hole with this thing that I keep expecting to hear the doorknob say Read the directions and directly you will be directed in the right direction.  Ahhh...sound advice doorknob - we read the directions in the handbook and they DID directly lead us in the right direction.....but I digresss.

What has me knowing we are so far down in the rabbit hole is the fact the our dishonorable Governor Deval Patrick has hired a law firm to lobby the Department of the Interior to grant land in trust to the Mashpee Wampanoag Tribe.  Seriously???  I really want to know if Cedric's BFF Deval plans on paying for this himself or is it the taxpayers of the Commonwealth getting stuck with that bill?  Why is it exactly that we have to foot the bill for the Mashpee Wampanoag's lobbyists??  It seems to me that Cedric's other BFF's from Genting should be footing the bill -- especially since the land in trust deal will not benefit the Commonweatlth in any way...only the tribe.  Don't believe me?  Okay...here are a few things to mull over....

1.  The Tribe does not qualify for Land in Trust regardless of the lame argument laid out in their application.  So sorry to tell you Cedric -- the intent of the IRA was not to determine which tribes were under federal jurisdiction in 1934 so your argument that the tribe was under federal jurisdiction then because you were recognized in 2007 doesn't hold water.  The intent of the IRA was to return land to Tribes that were disinfranchised under the Alloment Act.  The Mashpee Wampanoag were never disinfranchised under the Allotment Act and therefore it cannot be successfully argued that the tribe was under federal jurisdiction in 1934 as claimed in the application.  No doubt it is an interesting arguement, but it is not the intent of the law. 

2.  Why is Deval Patrick suddenly backing this tribe?  He freely admits that he does not have to enter into a compact with the Mashpee Wampanaog Tribe but he did anyway.  He negotiated a compact with the Tribe behind closed doors and without input or a care in the world about the concerns of the host community and the surrounding communities.  Deval Patrick seems to have no issue at all with handing private land over to the Tribe, has no problem with super water right issues and for some reason thinks that land claims are still a valid means fo tribes to get land regardless of the City of Sherrill SCOTUS decision.  He just went ahead and promised land in Mashpee to the Tribe without even discussing it with the Town of Mashpee....and then hires a lobbying firm to support the Tribe, on our dime. 

What the hell is that smell?    Could it be the stench of a corrupt and bought out Governor? 

Gosh Governor Patrick....I am wondering, do you have sights for a Presidental run in 2016?  Is that it?  Has a little seed been planted in your head that promises to grow into a campaign money tree?  Is it the idea of endless amounts of money coming from trust land that doesn't need to be reported to the Federal Election Committee that turned you?  It is no secret that trust land does not fall under the Federal Election Campaigns Act.  In fact, this little factoid was quite the discussion at the Senate Committee on Indian Affairs a few years ago....you know...how federally recognized tribes on trust land aren't  "people" under this act since "people" are taxable and federal tribes on trust land cannot be taxed so they don't fall under the definition.

Come on Governor - the people want to know - tell us why you sold out the citizens of this State...sent us packing....completely ignored your duty under the Constitution of Massachusetts....which in part reads:

The body politic is formed by a voluntary association of individuals: it is a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation, and a faithful execution of them; that every man may, at all times, find his security in them.

Was it not enough that you provided the legal means for the Tribe to open a casino under the new gambling law - you know...equal footing to open a gambling facility on trust land - if they can get trust land - which they cannot....now you have happily signed a compact with a tribe that has no trust land and then proceed to spend taxpayer money to lobby for them?  Are you kidding me???

Here is a thought...how about letting the Tribe wash it's own dirty Land in Trust laundry and refrain from staining the the sovereign rights of this Commonwealth.  Your stench of betrayal to this Commonwealth disgusts me. 

3.  The Compact that was signed is not legal.  I have heard from a very reliable source that the BIA has already told the State that they do not like the 21.5% revenue on gambling profits being paid to the State under the compact -- they consider that a TAX which is ILLEGAL under the Indian Gaming Regulatory Act and therefore unenforcable as proven in the Rincon Band of Indians ruling out of California.    What about the land claims in the Compact ....do you plan on handing Otis Airforce Base over to the Tribe to build a casino there, thus freeing up SE MA on this side of the bridge for a commercial venue?  That would be a great way to quell the unsettling KG Urban Enterprises lawsuit now wouldn't it Governor...oh -- by the way -- kudos to Ken Salinger for his newly appointed judgeship by the Governor's Council....hmmmm....correct me if I am wrong, but wasn't he the lawyer who argued for the State against KG Urban Enterprises in the lawsuit in New Beford?  Either way....back to land claims....there are no land claims!!  A landmark SCOTUS decision effectively ended land claims.

Do you know what the Sherill decision did to land claims for tribes? Do you Governor?  No?....too bad...look it up.  I am sick and tired of doing it for you because you don't listen anyway...and based on your recent actions, I can honestly say you don't care either.  But I will tell you one thing...and I hope you remember this when all of this blows up in your face -- The only thing final in a final negotiated settlelment with a tribe is that the tribe never gives back what it takes.

So Governor Patrick -- I know you must be super-duper busy getting ready for the fundraiser dinner at your home for President Obama....you must be so excited to see him again and I am sure Cedric Cromwell is just giddy over his invitation to join you and the President.  How wonderful....you get to listen to President Obama yammer on about how reversing trust land decisions is "his Administration's top priority for Indian Country" and giving away land in one of the original 13 colonies is "an important step toward reconciliation" for the wrongs of the General Allotment Act of 1887.  Nevermind the Allotment Act had absolutely NOTHING to do with the Mashpee Wampanoag Tribe as they were never disinfranchised and were actually quitely living in the town of Mashpee as full citizens of the Commonwealth....Oh - or maybe he will tell you all about the $1.5 million dollars he received in campaign contributions from tribal donors on July 18th, but I don't want to take up any more of your time...really.  I just want to know why you walked away from your duty as Governor of this State, to spend our hard earned money lobbying for something that isn't going to happen. 

Yep -- something sure does stink up on the Hill......



I wonder if I've been changed in the night? Let me think. Was I the same when I got up this morning? I almost think I can remember feeling a little different. But if I'm not the same, the next question is 'Who in the world am I?' Ah, that's the great puzzle!

Better read it first, for if one drinks much from a bottle marked "Poison", it's almost certain to disagree with one sooner or later.  - Alice


 
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