Another Open Letter to Cedric Cromwell....

Dear Cedric,

You can tout your rhetoric "we were under federal jurisdiction in 1934" fantasy all you want....you can even convince naïve journalists to write articles in supporting your claims...heck, you can hire a pseudo tribal member via marriage as your PR cheerleader to air commercials full of lies and innuendo...I'm fine with that. Heck, I am tickled pink thinking about the fact that you paid under-educated, LIT inept fancy lawyers to write up yet a third Carcieri argument to get land in trust. In fact, we are honored that our meek, timid, IN YOUR FACE letter to the SOI, BIA and State of Massachusetts regarding your (ahem) federal jurisdiction status as of 1934 forced you to write a rebuttal letter...really, we are...it was super fun finding the evidence, yet even more exciting that it left your overpaid PR "tribal member by marriage" person speechless. Here is your problem Cedric...maybe, just maybe...if you knew ANYTHING about the history of the Tribe you claim to lead, you would have actually read your Federal Recognition first...you know...before sending yet another Carcieri argument about federal jurisdiction.  If you had, you would have realized that the tribe you claim to lead submitted evidence to the federal government in support of tribal existence, is in complete contradiction to your claims....  behold paragraph one, page 23 of the Mashpee Wampanoag Federal Recognition entitled: Federal Officials, Academics, and Researchers

(verbatim)

"Federal officials, academics, and various researchers consistently described the Mashpee in the 1930's and 1940's. In 1934, W. Carson Ryan, Jr., an official with the Bureau of Indian Affairs,* wrote James F. Peebles, superintendent of schools in Bourne, Massachusetts, regarding Federal assistance for building a school in the "Indian town of Mashpee." Ryan, writing at the behest of Eleanor Roosevelt informed Peebles that Federal grants for school construction were unavailable for "Indian groups" like the "Mashpee Community" under State jurisdiction."

* emphasis mine...
 

 Oh...and your claims regarding Mashpee children going to the Carlisle School is contradicted in your Federal Recognition also....just so you know.....

Kindest Regards,

Citizens of Region C who know you are up to your eyeballs in bulls**t...xoxo

 -The great enemy of the truth is very often not the lie, deliberate, contrived and dishonest, but the myth, persistent, persuasive and unrealistic - John F. Kennedy

 I believe that it is better to tell the truth than a lie. I believe it is better to be free than to be a slave. And I believe it is better to know than to be ignorant. - H. L. Mencken -

- be the change you want to see in the world -

 

 

Yin and Yang

This little spoken truth has a moral that says it all...Honestly, Cedric Cromwell really should read this and then take some time to meditate on what is really important to him....from his actions lately, it is not the Mashpee Wampanoag Tribe or what is best for "his" people...only what is best for him.  He is feeding the wrong wolf.

Leadership is a privilege to better the lives of others. It is not an opportunity to satisfy personal greed - Mwai Kibaki

- be the change you want to see in the world -

Open Letter to Cedric Cromwell

Here is an open letter to Cedric Cromwell in response to his statements made in a Taunton Gazette article released this morning....

Mashpee Wampanoag Tribal Chairman Cedric Cromwell is continuing a media blitz in advance of an expected Massachusetts Gaming Commission vote, vowing Monday that the tribe will build a casino in Taunton.

“Threats to sue our Tribe, the Commonwealth of Massachusetts and the Department of the Interior will not deter us from building a first class destination resort casino in Taunton,” Cromwell said in a statement. “We have known all along that different groups would sue to try and deprive us of our tribal rights, but it has become clear that our opponents are more concerned with their own self-interest than the good of Southeastern Massachusetts. All they are doing is lining the pockets of lawyers instead of working to fill the pockets of the good people of Southeastern Massachusetts who need work.”

comment to the Taunton Gazette -  really?? the fact that you print this trash shows that your reporters have no clue about anything regarding LIT , could care less about the ramifications of trust land in your community, or the federal process for land in trust....you don't get it at all - if you did - you might have taken the time to look into Cedric's pathetic claims at painting opponents as "depriving the tribe of their tribal rights to obtain trust land" in a town they have never had any claim to until they decided to try and build a casino there"...shame on you!

boo-freaking-hoo Cedric....your lies and twisting of facts is just disgusting and no one...I mean no one who knows anything about the federal trust land process is buying it. Especially not David Littlefield, East Taunton resident and number one opponent to your lies...here is what he has to say about that...

EAST TAUNTON RESIDENTS FIRM OVER FIGHT FOR NO TRIBAL CASINO IN SOUTHEASTERN MASSACHUSETTS

While the chairman of the Mashpee Wampanoag Tribe Cedric Cromwell continues his desperate, feeble attempts with a media blitz, to threaten the Mass Gaming Commission before their vote on Thursday on whether or not to open region C to commercial bidders. He has finally realized that his fairy tale dream of having a casino anywhere may never come to fruition. In his statement to the Taunton Gazette "threats to sue our tribe, the Commonwealth of Massachusetts and Department of the Interior will not deter us from building a first class destination resort casino in Taunton". Well Cedric, there are a few problems with that statement you made. First of all we would not sue the tribe. The tribe has never been under federal jurisdiction, and this is proven in documents that show the BIA did not ignore you, or pass you by, but did in fact, on several occasions, refuse to intervene and help your tribe because the federal government declared the Mashpee Wampanoag were state citizens, in fact the BIA just recently declined to help the Mashpee Wampanoag with the fraudulent elections back in February of this year. So, for centuries the BIA and the DOI have and still do consider the Mashpee Wampanoag state citizens who are not, nor ever have been, under federal jurisdiction. We won't sue the Commonwealth of Massachusetts either. We have no desire to take any desperately needed funds from our state or the good people of southeastern Massachusetts. The Commonwealth of Massachusetts can only approve a compact for gaming, which by the way is completely different from getting land in trust, and without land in trust, the compact means nothing.  So to educate you a little further, we could sue the Department of the Interior if they were to break the law and over step their boundaries in granting a tribe that was never under federal jurisdiction land in trust. You cannot change history nor create new history. As far as lining the pockets of attorneys, and taking away money from the Commonwealth, yes, you are wrong again!! Per guidelines set by the BIA, your proposed casino project would only bring 6.25% to the Commonwealth, and if a commercial casino was already here (garnering the state 25%), and you continue your pursuit of a tribal casino as you have warned us you will do, the good people of southeastern Massachusetts will get 0%.  All the money will go to lining your pocket, the tribe and Malaysian investors, of course. If you bothered to stick around long enough to hear what the good people of southeastern Massachusetts have to say, you would understand that this dream of yours will never happen. But you don't stick around for those meetings, you run your usual same old speech, the same one you used in Middleboro and Fall River, and now Taunton,  while you continue to reservation shop. You say "self-interest" - I say self-preservation for my community that you stormed in on and tried to take control of. You know the old saying that you and Glen Marshall use from the tribal casino handbook "We’re coming, like it or not, so get the best deal you can" well the best deal for Taunton would be for you to pack up and head on back down to Mashpee where your final determination by the federal government puts you. Oh yeah I forgot, Mashpee won't let you have a casino there either. You’re the one bullying the people of Taunton and the Gaming Commission. You’re the one threatening lawsuits if you don’t get the casino you mistakenly think is your inevitable right to have. You’re the one threatening to line lawyer’s pockets with the only money you have- Malaysian investors and the federal grant money. You’re the one not being transparent. By the way how’s that land in trust application working for you? You know the one you started in 2007 in Middleboro? Amended, rejected, refilled. I can't wait to see you when you come before the City Council the end of this month to answer our questions and show us the completed LIT application... so when your pocket lined lawyer says he will sue the Commonwealth for relief and remedies, does that mean YOU”RE going to take money from the good people of Southeastern Massachusetts? Bottom line, Cedric, to quote your lawyer "after 400 years of injustice and deprivation, the tribes obligation to its citizens requires no less” - what that really means is after 400 years of being told over and over again that the Mashpee Wampanoag are not under federal jurisdiction the tribe has no obligation…..Yes Cedric it is true, you and your tribe are state citizens just like me and all the other good people of Southeastern Massachusetts. I promised you a year ago that I would fight you through the local, state, federal level. I intend to keep that promise, and not for any self-interest, rather to protect state sovereignty and WE THE PEOPLE of the Commonwealth of Massachusetts, and if you think 1 man cannot make a difference, then you go tell that to Governor Donald Carcieri or David Patchak.

 

What he said....

 

Knowing can be a curse on a person's life. I'd traded in a pack of lies for a pack of truth, and I didn't know which one was heavier. Which one took the most strength to carry around? It was a ridiculous question, though, because once you know the truth, you can't ever go back and pick up your suitcase of lies. Heavier or not, the truth is yours now.”   ― Sue Monk Kidd

 

"you've only got three choices in life...give up, give in, or give it all you got" - Ironman

 - be the change you want to see in the world -

 

The Heart of the Matter

ju·ris·dic·tion: noun: Law The right and power to interpret and apply the law: courts having jurisdiction in this district.   Authority or control: islands under U.S. jurisdiction; a bureau with jurisdiction over Native American affairs;       The territorial range of authority or control.

plan·ta·tion: noun:  a usually large group of plants and especially trees under cultivation; a settlement in a new country or region (Plymouth Plantation)
res·er·va·tion:  noun:  something reserved: as (a): a tract of land set aside (as for use by American Indians).

So Cedric Cromwell has been making some interesting statements regarding his “proof” that the tribe was under federal jurisdiction in 1934.  So far, he had done a fantastic job at showing that the federal government was aware of this tribe’s existence and has used this to say that because of this knowledge, the tribe was under the jurisdiction of the federal government.  Huh…well, the question is not whether or not the Mashpee Wampanoag tribe existed, or if the federal government knew about them….it is whether the tribe was under federal jurisdiction…ie….under the care of the federal government.  The question is were they recognized as their own sovereign government by the United States Federal Government and therefore creating Government assumed obligations to this tribe through treaty. Well the Mashpee Wampanoag Tribe, or more specifically Cedric Cromwell has been working very hard at trying to prove just that…the tribe claims, as a matter of law, that the tribe was under federal jurisdiction in 1934. 

One claim we have heard over and over is that the tribe had functional treaty relations with Great Britain, which reserved specified tribal rights that the federal government automatically assumed after ceding with the British Crown. They also claim the tribe has continuously exercised aboriginal fishing rights because of this treaty and it is this aboriginal property right that puts them under federal jurisdiction.  Of course they are completely ignoring the fact that aboriginal rights were maintained for the tribe through the State of Massachusetts long before the formation of the federal government.  They have other claims as well which I will write about on another day – for now, let’s start at the beginning and see if we can get to the heart of the matter.

Treaties….let us talk about treaties and the federal removal policy – a policy the tribe claims they were a part of which puts them under federal jurisdiction.  According to the tribe, even though they didn’t actually have a treaty with King George, they did have “treaty relations” which reserved specified tribal rights and the United States succeeded to Great Britain’s obligations, placing the Tribe under federal jurisdiction as a matter of law.

Sigh….first of all – it was the settlement of Massachusetts that honored that treaty.  The United States didn’t even freaking exist at the time.  It was also under this “treaty relation” that Massachusetts gave the Indians aboriginal fishing rights – not the non-existent United States government.  Regarding the lame attempt to show federal jurisdiction under the removal policy where the tribe claims they were considered by the Government, but not removed, which according to them doesn’t matter – the government knew there were tribal members in Mashpee Massachusetts so the tribe MUST be under federal jurisdiction – is a flummoxing  and in my opinion, completely dysfunctional thought process.  That is like saying I am dating someone who refused to go out with me just because I asked…we are dating because he knows I exist….yikes! 

Bottom line is, if you want to know the truth regarding the Indian Removal Act of 1830, then all one needs to do is go read the Congressional Testimony surrounding it…quite an interesting read – the discussion surrounds the creation and subsequent issues of the Cherokee reservation created through a Treaty with the United States in parts of Georgia and North Carolina and…wait for it….treaties with Great Britain!  In a discussion about the Cherokees, they had this to say…

…it would be added, that, at a very early period, the Cherokees formed a treaty with Great Britain, by which they gave up their independence and put themselves under the protection His Britannic Majesty….that this conquest conferred upon the respective states, within whose limits they were, all the rights, and gave them all the powers which the crown had, prior to the revolution. That this right still continued in the States, and never was yielded to the United States. 

It needs to be understood that when Congress was discussing relocating Indian tribes under the Indian Removal Act, they were mainly discussing those Indian Tribes that maintained their identity through self governance, who had a treaty with the federal government and whose land was inside the borders of the original 13 colonies….the Union States. The problem the Mashpee Wampanoag has with their King George “treaty relations” argument is the fact that in the signing of the Treaty of Paris in 1783, the treaty that ended the revolutionary war, said treaty extinguished any “treaty relations” with the British Crown.  The first article clearly stated the following:

Acknowledging the United State to be a free, sovereign and independent nation, and that the British Crown and all heirs and successors relinquish claims to the Government, property, and territorial rights of the same, and every part thereof;

You see, during the revolutionary war the colonies realized that they need some form of centralized government so the Articles of Confederation were written and adopted by the Second Continental Congress on November 15, 1777 and was used as the de facto system of government until full ratification on March 1, 1781.  Its greatest achievements were holding the Union together during the American Revolution. 

The next thing that needs to be understood, and what Congress took into consideration during discussions of Indian Removal from the independent States to federal territory west of the Mississippi, was the fact that the Articles of Confederation gave very limited power to the newly formed central government and that those powers were held through ratification of the United States Constitution in 1788.  However, Article Nine of the Articles of Confederation gave the newly formed federal government the power to enter into treaties with Indian tribes…which some tribes did – just not the Mashpee Wampanoag Tribe.

Every thing which relates to those Indian Tribes or nations, with which we have political relations, created or regulated by treaties, is becoming every year, more and more interesting; especially those relating to such as reside within any of the States of the Union, or of the territories belonging to it….with this nation, the United States have formed a number of treaties, commencing as early as the year of 1785, and ending the year of 1819.  At the formation of the first, the Indians occupied portions of territory within the chartered limits of the States of North Carolina, South Carolina and Georgia…latterly, Georgia, in the exercise she supposes, of her sovereign power, has extended her laws over the whole of the State, and subjected the Indians to her jurisdiction.  Meantime, the Cherokees have formed a civil government of their own, entirely independent of any State, claiming to have right to do so in virtue of their original title to the lands on which they reside, and relying, likewise, upon the guarantee of their country, in several of their treaties formed with the United States.

 It was these treaties with the so named “five civilized tribes” who had formed some sort of government independent of State government that led to the problems of these tribes not wanting to be subject to state law, that they wished to remain independent sovereigns and maintain their own form of government….that and the State of Georgia claimed that that the treaty with the Cherokees was in violation of its sovereignty under the Constitution and the federal government had no power to take the land and give it to the Cherokees without the States consent.  Therefore, the federal government made the case to relocate treaty Indians residing in the original 13 colonies west of the Mississippi, where it did have the power to give land to these tribes and oversee their affairs since they could not exercise their power over a Union State.

To this application the President has replied, that he has no power to check the operation of the laws of those States, within their respective limits; that the Constitution of the United States forbids the formation of any new State within the limits of an old one,  without its consent; therefore, the Cherokees cannot be recognized as a separate State, within those limits where they now reside; and that, if they chose to remain there, they shall be protected in doing so, but that they must submit to the laws of the respective States, at the same time they are protected by them, and earnestly recommends to them to consent to exchange the country where they now reside, for one West of the Mississippi, owned by the United States, and not yet included within the bounds of any State or Territory, where they can be again united and where the United States can, and will, make them forever secure from any interruption from the whites, or from any other nation or people whatever.

It was also for this reason that the non-intercourse act does not apply to Tribes in the original thirteen colonies…

….she (the State) may further insist, that the second article of the Constitution, which gives the President, with the advice and consent of two-thirds of the Senate, power to make treaties, has no application to Indians within the chartered limits of any of the States; nor the eighth section of the first article, which gives Congress power to regulate commerce with the Indian Tribes.  That if Indians can be treated with, it must be those only who reside out of the limits of the States, and those with whom commerce may be regulated, must be similarly situated; otherwise, that part of the second section of the first article, which forbids the enumeration of Indians residing within the States…

They go on to discuss how the States are guaranteed a “republican form of government” and the Federal Government shall protect each of them against invasion, and, on application of the Legislature or of the Executive against domestic violence, and that this would not be attainable unless the majority of the citizens are permitted to prescribe rules to which all must conform.  The question was asked how could the United States guarantee against domestic violence if they permit a portion of the population within her limits to establish a Government, contrary to her will, with authority to prescribe rules inconsistent with those prescribed by herself….that is a damned good question….one that maybe Massachusetts State Governor Deval Patrick would like to answer for us considering, according to the latest and greatest State/Tribal Compact, which has not been approved by anyone…anywhere, as to why he is voluntarily handing over land all over Southeast Massachusetts to a dysfunctional tribe who somehow gained Federal Recognition in 2007 so they can “self-govern” at the expense of the surrounding communities.  AND HE DOESN’T HAVE TO….but he is....HUGS!!

 When you get down to the heart of the matter, you find that is the first article in the Treaty of Paris that really kills any argument that an actual treaty, or even “treaty relations” with King George III were not extinguished – because they were….thus, no federal jurisdiction by default…and no claiming the federal government gave this tribe aboriginal fishing rights placing them under federal jurisdiction…it was the State that preserved their aboriginal fishing rights.  Jeez...they even argued that in a court of law!!

Rights to hunt, fish, and gather have been held by the Wampanoag Native American Indian people of this area from time immemorial, and remain an important aspect of Wampanoag life, providing food, service to the community, and an ingredient of cultural identity. These rights have been acknowledged in law since before the founding of the United States, recognized in treaties, statutes, and judicial decisions of the Commonwealth of Massachusetts. Appellants Michael Maxim and David Greene, Wampanoag persons, were exercising these rights at the time of their citation by officials of the Town of Bourne for violating a "recreational shellfishing" regulation. [pages 7-9]

So yeah....there was no treaty formed between the Mashpee Wampanoag tribe and the federal government because they had inserted themselves in to the local government of Mashpee, and hence, there was never a reservation in Mashpee – sure, there was a plantation, created by the State honoring said “treaty relations”  for aboriginal fishing rights through the authority of King George…but that is where it ends.

Look, I am not denying that the federal government didn’t know the Mashpee Wampanoag Tribe existed…but to go from point A:  the tribe claiming existence  for 12,000 years aaaaallllll the way to point J: jurisdiction -  is really, really reaching here.  There is no doubt that the federal government knew the tribe existed…the federal government went out of its way to understand Indian Tribes and their relations with the Union States in which they resided… and there is no doubt as to the federal government’s view of their “responsibilities” to the tribes in the original thirteen colonies, as it was clearly stated in the 1899 letter from the Commissioner of Indian Affairs regarding Federal Jurisdiction:

These Indians were and their remnants are residents of a section of that portion of the country which constituted the territory of the thirteen original States, as recognized by Great Britain in 1783.  No treaties or agreements were ever made with them by the general government, nor has it ever exercised any supervision or control over them.  Their political status is unknown, but it is presumed that they are citizens and subject to the laws of the several States in which they reside, and entitled to the rights and privileges of such citizenship. 
 
Their political condition is, therefore, radically different from that of what might be termed “plains” Indians, that large body of person in the western section of the county who became subjects or wards of the government with the accession of territory ceded by France in 1803;…All of these “plains” Indians have been at some time or other, in some manner or other, the subject of legislation by the Congress of the United States, and to that extent recognized by the Government…

So this bizarre, King George treaty relationship argument morphing into Federal jurisdiction is really nothing but the desperate attempt of this Tribal Government…no…of Cedric Cromwell…to create a fictitious relationship between the federal government and the Tribe specifically to take land in trust in both Mashpee and Middleboro  Fall River Taunton for gaming under IGRA.  Now you know why. 

The most effective way to destroy people is to deny and obliterate their own understanding of their history - George Orwell

 - be the change you want to see in the world -

 

How not to Win Friends and Influence People

So I woke up this morning to a barrage of commercials from the Mashpee Wampanoag Tribe advertising their "federal right" to have a casino in Massachusetts.  The commercials are filled with misleading statements and outright lies....see for yourself...



Yeah....airing commercials that are dishonest and fraudulent specifically to influence State laws surrounding gaming while bullying the Gaming Commission whose job it is to ensure fair execution of this law sure isn't the best way to win friends and influence people.  It just makes you look desperate...which Cedric Cromwell apparently is....nice job Brooke Scannell.  I see your PR company is run with the highest of ethical morals - not. 

Here are two important tips for running a successful, and most importantly, ethical PR campaign. Something the Scannell Group is unable to do.  

1. Always Be Honest. There’s an old Russian proverb that goes: “With lies you may get ahead in the world – but you can never go back.” And that’s just as true when you’re sharing a story with the public. If you present even just one lie in a story, it may possibly help you in the short-term, but there is always a strong chance it can come back to bite you. Not only can you ruin your own credibility as a publicist, and make it hard or even impossible for a media outlet to ever take you seriously again, but also if you’re a notable personality or brand, the negative consequences can be tremendous, as your reputation is always on a pedestal for the public to judge. Although a crisis can always be a possibility when you’re in the limelight, one never wants to help make it an actuality. 

  

2. Don’t Misrepresent Facts. Similar to not lying is not distorting facts to suit one’s needs. Think about it. If you’re a large corporation, should you tell your shareholders your company’s stocks are only worth $5 per share, when they’re really worth $50? Should a doctor tell his or her patient with cancer that most people with their type of cancer live for two years, when in reality they live for only three months? If you twist the facts, you run a major risk in not only destroying your own and the media outlet’s credibility, but you also deceive the public by providing them with incorrect information.

Anyway, Casino Opponents have released a response to these commercials which do follow the above two principles of ethical public relations.  Brooke Scannell could learn a few things about representing facts honestly and ethically from both Allin Frawley and Michelle Taylor Littlefield.  A big and huge THANK YOU to the both of you for your quick response to the trash that is being aired all over Massachusetts.

Casino Opponents both humored and disgusted by Mashpee Wampanoag media blitz

For immediate release
Contact:  Allin Frawley, Vice Chairman, Middleboro Board of Selectmen
                 Michelle Littlefield, Chairman, Preserve Tauton's Future

The community activists and residents of the southeast region are humored by the desperate attempts of the Mashpee Wampanoag Tribe to bully the Mass Gaming Commission members into retaining their exclusive right to keep Region C held hostage.  However, they are once again disgusted by the tactics, reminiscent of campaigns they have waged in three different communities (Middleboro, Fall River and Taunton) in the past 5 years. The bold faced lies being told in the propaganda they have continually disseminated is quite disturbing.  The facts, supported by evidence submitted by this group to the MGC, Governor Patrick, the Legislature, Department of the Interior and Bureau of Indian Affairs proves the following:

• The tribe was NOT under federal jurisdiction in 1934, as required by the Carcieri SCOTUS decision for a tribe to be granted Land in Trust.
• The Mashpee Wampanoag Tribe do not have a federal right to a gaming. They do not have Land in Trust, nor do they meet the criteria under federal policy for Land in Trust, which is a requirement for tribal gaming under IGRA.
• The Mashpee Wampanoag Tribe did NOT meet the Pilgrims or celebrate the first Thanksgiving. Evidence of this can be found in their own FINAL DETERMINATION from 2007.
• LIT application continues to remain incomplete, and NOT under federal review. This incomplete application will continue to languish in perpetuity, as was the situation when the tribes 2009 application for lands in Middleboro and Fall River to be put in trust was rejected in January 2012 for being incomplete.
• The tribe has continued to "reservation shop" in clear violation of Federal policy.
• The BIA has never approved a dual initial reservation granting a tribe two initial reservations.
• The BIA, in a letter to the Tribe and Governor Patrick denying the first compact negotiated in 2012, outlined what they deemed would be acceptable in a compact. The compact negotiated in 2013 does NOT meet that criteria.
• Members of the community have retained counsel with the intention of proceeding with legal action should the BIA violate federal policy, further tying up this region for years to come.
• The Tribes efforts to, as they claim, create jobs and economic development, is actually having the opposite effect. They are tying up this region, as well as land in an industrial park and a mall. They are stunting progress in this region and prohibiting legitimate business entities from creating jobs and economic growth. 

The tribe has put forth statements that the Mass Gaming Commission is not accountable to anyone, and has operated with a lack of transparency.  The truth is that those statements accurately describe how the tribe has operated for years, as evidenced by the tribes attempst to block FOIA requests for the tribes incomplete LIT application and Federal District Court cases filed by the Mashpee Wampanoag Tribe members in regards to tribal finances, budgets and elections.  

The veiled threats to sue the MGC and blatant threats to game in Region C with no economic benefit to the state are nothing  more than school yard bullying.  Fact remains that they will be defending numerous lawsuits should the federal government over step their authority and place land in trust for this tribe.

- be the change you want to see in the world - 

Somewhere between Now and Never

There is an interesting article in the Cape Cod Times explaining that the Mashpee Wampanoag Tribe is “going on the offensive” in regards to region C.  Cedric Cromwell apparently had some fancy lawyer from Boston by the name of Howard M. Cooper write up this nifty letter to the Massachusetts Gaming Commission on behalf of the Tribe telling them that they “lack the lawful authority” to seek competitive bids in Southeastern Massachusetts in the Expanded Gaming Act.  Huh….oookay….gee, nothing screams douchebag better than telling a State Gaming Commission that they have no authority to exercise a law they have been commissioned to exercise based on language in a compact that has not been approved by anyone...anywhere.  Awesome move. 

Yes , this demand by the lawyer on behalf of the Mashpee Wampanoag Tribe was made regardless of the fact that the law clearly gives timelines in what is expected as reasonable..…but what does the Commission know about exercising their authority?  Apparently not much according to this letter.  In fact, Howard here felt the need to point out that the Tribe has made significant progress on it's land in trust application even though the Tribe did not get an approved compact in July of 2012 (because it was REJECTED by the BIA - which he neglects to mention)  but also felt the need to quote the language in said compact in regards to legislative intent and the not voted on or BIA approved latest and greatest state compact as affirmation of that intent - to the Commission - and then felt the need to quote the section in the not voted on or approved latest and greatest compact, while pointing out that the exact same language was used in the rejected compact -- that the Commission is unable to open region C "unless and until it determines that the Tribe will not have land taken into trust". 
 
Psssst…Howard…..it doesn’t matter if the State Legislation approved the compact in 2012– it only matters that the BIA did not approve it, hence...not approved...and dictating what this Commission can or cannot do based on section 2.6 of a rejected compact  and one that hasn't even been submitted to the State legislature for vote is downright, well …. silly .... and couple that with what the actual law says...weeeell...lets just say the silly line has been surpassed and you have now crossed over into the ridiculous and leave it at that.  The actual gaming law...you know...the one the Commission has been granted authority to exercise says this:

Notwithstanding any general or special law or rule or regulation to the contrary, if a mutually agreed-upon compact has not been negotiated by the governor and Indian tribe or if such compact has not been approved by the general court before July 31, 2012, the [state gaming] commission shall issue a request for applications for a category 1 license in Region C pursuant to chapter 23K of the General Laws not later than October 31, 2012; provided, however, that if, at any time on or after August 1, 2012, the commission determines that the tribe will not have land taken into trust by the United States Secretary of the Interior, the commission shall consider bids for a category 1 license in Region C under said chapter 23K.

I don't know....the way I see it, perhaps Howie here should have read the actual law before telling the Gaming Commission that they lack authority to open region C while also claiming that opponents gave specific misstatements to the Commission regarding the tribe's ability to get land in trust under the Indian Reorganization Act....but that's just me.

This letter also blathers on about how the Carcieri ruling doesn’t apply and that somehow everyone has it wrong….in fact, according to this lawyer, the Tribe has already submitted documentation as to why it believes it was under federal jurisdiction in 1934.  Oh, goodie….if this documentation is anything like the argument the tribe used in the Land in Trust Application then there certainly is nothing to worry about…and oh yeah….documentation to the contrary – actual documentation that is, and not some “opinion piece based on some 18th Century Treaty with King George” by a tribe who desperately wants to build a casino in Taunton – has been submitted to the DOI and the BIA….and to the Governor….and to the State Legislators.  You know…  actual letters from the DOI to the tribe itself stating that….wait for it….they were NOT under federal JURISDICTION….not one letter….two letters – also included in that package was the actual list of federally recognized tribes under the IRA in 1934….oh – and we’re not done yet….not by a long shot. Also, maybe someone needs to remind Cedric who won the Revolutionary War...last time I checked, it wasn't England. 

Yeah, yeah…I get the flaccid argument being used by this lawyer and Cedric Cromwell that the dissenting opinion in Carcieri v Salazar says that it is possible that tribes were under federal jurisdiction without the government knowing about it…and that is probably true.  Unfortunately for Cedric, it isn’t true for the Mashpee Wampanoag Tribe and trying to argue your point by using the Oneida Indian Nation  v County of Oneida court ruling is like saying my dog is exactly like my cat in every aspect because they both drink water….making claims that “such statements to Native Americans from a federal government then seeking to disclaim its responsibilities are common and do not determine the inquiry.  Interior has taken land into trust in situations where such erroneous correspondence from the federal government exists."…..really??? Where???  Certainly not in the case of the Oneida’s…or the Narragansett’s for that matter. 

The truth is…now pay attention here, Howard….the Oneida Nation case concerned aboriginal title in the United States.  The Mashpee Wampanoag Tribe is applying for fee to trust land in Massachusetts and not claiming aboriginal title to land in Taunton….get a clue.  The Oneida case is a land claim case argued under aboriginal title and the Non-Intercourse Act….the Mashpee Wampanoag are trying to have fee land placed in trust under the IRA. 

Also, lest we forget that in the Oneida case, the United States backed the Oneida Nation against the county of Oneida and yeeeeah….that didn’t happen in Massachusetts in the Mashpee Tribe v. Town of Mashpee, et als. v. United States of America 1977-1978 (no I will not link to this case-- google it if you want to find it - we did).  This is when the Mashpee Wampanoag Tribe tried to take claim to land in the town of Mashpee under the Non-Intercourse Act.  In fact, the tribe tried to gain the assistance of the federal government to argue on their behalf and the United States Government denied their request…why?...because – again, the government clearly stated that they could not assist an Indian tribe that is NOT UNDER FEDERAL JURISDICTION.  Which is why the United States is also listed as a defendant in the Mashpee Wampanoag land claim argument - which they lost....twice.   Also, the solicitor for the Department of the Interior actually came to Massachusetts as a witness, under oath in a court of law and testified against the Tribe having Federal Jurisdiction - which means NO LAND CLAIM…..that didn’t happen in Oneida, now did it - in fact - it was the exact opposite in the Oneida land claim.  Bad example there Howie….

Moving on….

So I say this…go ahead and try to say the evidence the opponents of trust land in Massachusetts have is irrelevant because the tribe will argue the dissenting opinion in the SCOTUS decision….that’s fine.  If it heads to court, and we have to sue the Secretary of the Interior for placing land in trust for a tribe that does not meet the requirements under the IRA, we will….and the Secretary will lose just like it did in Carcieri.  Also Howie  – you got Patchak wrong too….but I will leave that to you to figure out. 

 

The real question here is this….if the Mashpee Wampanoag Tribe is “light years” ahead in getting land in trust and a casino in Region C, then why such a fight to keep the region closed to commercial bids?  I mean, the State Compact clearly states that if a commercial casino is built in region C then the Tribe will pay ZERO to the state for mitigation….and since Cedric claims that the tribe is light years ahead of any other commercial casino being built in the State, and is clearly hell bent on using the language in the state compact to keep region C closed, then why not just allow the Gaming Commission to open region C for commercial gaming - it makes no sense…I mean, according to Cedric Cromwell, casino shovels will be in the ground by this time next year. So what exactly is the worry?  Why take the offensive?  What’s the big deal….if Cedric is so certain about land in trust approval, then wouldn't the Tribe actually benefit financially if another casino was built in the region?  So why fight it?…but hey, don’t get me wrong.  I actually agree with Cedric – by all means, keep the region closed! 

Its no secret that I am not a fan of the Massachusetts Expanded Gaming Act and would prefer if the State did not prostitute itself to casino interests, but I also realize and am adult enough to accept that it is now the law.  By keeping region C closed for the Tribe to get Land in Trust absolutely guarantees that region C will not ever see a Tribal Casino on trust land and certainly won’t be seeing a commercial casino for a very, very long time – if ever.  I am perfectly happy to support Cedric’s desperate plea to keep region C closed and allow region C to sit in casino purgatory between now and never..…that works for me.  

In all honesty, the letter sent by Howard M. Cooper to the Massachusetts Gaming Commission demanding that the region remain closed because they “lack the lawful authority” to accept competitive bids is just plain bizarre…as are the arguments used to disclaim the fact and provided evidence that the only one lacking anything in all of this is the Secretary of the Interior to take land in trust for the Mashpee Wampanoag Tribe under the IRA.  In a nutshell, this chick thinks this letter is a lesson about it being best to say nothing at all when what you have to say only proves the other sides point. 

- be the change you want to see in the world -

A Voice of Reason

Only one voice of reason stands out in the incessant chatter from the left and the right regarding the upcoming elections and it is the voice of Ron Paul. Yes, Ron Paul is alive and well and continuing to spread his message of liberty.   Honestly, this Obama/Romney race is just plain tiring and I just want it to be over.  This Presidental election has me feeling like an innocent person convicted of a horrible crime awaiting my sentence - is it going to be four more years of a Barak Obama Administration, or a potential eight years of a Mitt Romney Administration....ugh - can I please see what is behind door number three??    However when I listen to this man speak, I feel hope.  I am not told to believe in hope and change I can believe in - I just feel it and know that there is one person who is capable of pulling us out of the mess we are in as a country - and he was pushed out...but hey, I totally get why he was pushed out of the republican nomination...he actually makes sense - and he tells the truth about the state of our Nation and where we are headed.   I guess the new necon party disguised as republicans can't handle the truth.....long live the rEVOLution.  Peace!




 - be the change you want to see in  the world -