‘American apartheid’
Russell Means defends his case against Navajo Nation courts
By Nathan J. Tohtsoni
The Navajo Times
FARMINGTON (Feb. 15, 2001) - Oglala Sioux. Indian activist. Movie star. Author. Presidential candidate. Musician. Libertarian. Freedom fighter. Sell out.
Russell Means
Whatever one decides to call Russell Means, there is no denying that the former American Indian Movement leader is still one of the more controversial, dynamic and influential Native American speakers.
Means signed copies of his two albums and autobiography, Where White Men Fear to Tread, on Saturday (Feb. 10) in Farmington.
Means, who once resided in Chinle, held nothing back as he touched on his pending lawsuit against the Navajo Nation, the cases of Peter MacDonald Sr. and Leonard Peltier, the takeover of the Fairchild plant in Shiprock, AIM, the murder of Anna Mae Aquash and charges that he's a "sell out."
"The reason I was protesting in the early 1970s - so I thought - was because my children wouldn't have to," he said. "I've marched all over this country. What I found out is if I want my people to be free, the Whiteman has to be free - at least in this country."
Means held an overflow audience of more than 120 people captive for about 90 minutes, mostly talking about the Libertarian Party and his personal experiences of fighting for the rights of American Indians.
The Libertarian Party of San Juan County (N.M.) - the third largest political party for which Means ran for president in 1988 - sponsored the forum.
'Native American' vs. 'American Indian'
He refused to use the term "Native American" because, as he described it, every person born in the Western Hemisphere is a Native American.
He preferred "American Indian" because "America" was part of a word that a tribe in Columbia originated, he said, and the hemisphere was not named after Italian explorer Amerigo Vespucci who sailed along the coast of present-day Brazil in 1499.
Means, 61, is a leading Libertarian Party candidate to run for president in 2004. He said the "military coup d'etat" that occurred Nov. 7 and put George W. Bush in the White House wasn't a surprise for American Indians.
"We've seen losers win in tribal elections, constantly," he said. "Look at the reservations, it's a perfect example that we're not free. You know what's wrong with having a piece of the pie; you don't have the whole pie. You want things to change in Indian Country, those people called tribal officials, they don't want anything to change. They all have a piece of the pie.
"All these public officials, they should be in prison for abusing us," he said.
Challenging Navajo Nation courts
On Jan. 11, the Chinle District Court ordered a stay in Means' case for a year until his appeal in U.S. District Court in Phoenix is decided. Means appealed his case after the Navajo Nation Supreme Court remanded three charges of criminal assault to the Chinle court.
Means is accused of threatening and battering Leon Grant, his former father-in-law and member of the Omaha Tribe, and allegedly battering Jeremiah Bitsui, a Navajo, on Dec. 28, 1997 in Chinle.
Means challenged the lower court's hearing and on April 14, 1998, the court upheld the charges. He then appealed - on the basis that the Navajo Nation does not have criminal jurisdiction over members of other tribes - to the tribal Supreme Court, which heard the case at Harvard University in Boston. It decided May 11, 1999, that the case be held over for trial.
Means appealed that decision to federal court. He argues that the Supreme Court violated the Treaty of 1868 when it sided with the U.S. government and, in a sense, accepted "American apartheid."
He does not see his lawsuit as an infringement on Navajo sovereignty.
"My lawsuit is for the Navajo Nation to live up to its own constitution, its treaty and the United States Constitution and recognize that they are a different country under a protectored status," Means said.
"This case also points out a peculiar fact of the dictatorship over Indian people by the U.S. Congress," he said. "The law that says that Indian tribes can prosecute other Indians was passed by Congress after the (U.S.) Supreme Court said it was constitutional, which means only in Indian law can Congress interfere and override a Supreme Court decision. No other U.S. citizen can this happen to.
"So it's time for the Navajo tribe and all tribal governments to wake up to the fact that the Congress of the United States of America is their dictator and we Indian people are not part of the political process of the U.S.," he added. "Simply put, it's an American apartheid."
The Navajo Supreme Court disagreed, stating, "There is a general and false assumption that Indian nations have no criminal jurisdiction over non-Indians and nonmember Indians. While the United States Supreme Court ruled that Indian nations have no inherent jurisdiction over non-Indians...there is no inherent criminal jurisdiction over nonmember Indians.
"We find that the petitioner, by reason of his marriage to a Navajo, longtime residence within the Navajo Nation, his activities here, and his status as a hadane, consented to Navajo Nation criminal jurisdiction," the opinion stated. "This Court finds that the Chinle District Court has jurisdiction under the Treaty of 1868."
However, Means said, there are two bodies of Indian law involved in the case.
The first classifies a tribal government as nothing more than a corporation, "no different than a Rotary Club or Lion's Club," he said. The second utilizes sovereignty as a basis for legal decisions by the federal courts.
THE CASE OF LEONARD PELTIER
Leonard Peltier is guilty only of caring about his people and his family. If we don't do something to assist in his release - you could be the next person convicted and sentenced just for caring, or maybe your spouse, or daughter or your son.
Leonard is an American Indian serving two consecutive life sentences in a federal penitentiary, even though there is NO CREDIBLE EVIDENCE that he is guilty of anything. He is a political prisoner of the U.S. Government!!!
The Shoot Out
On June 26, 1975 two FBI agents allegedly searching for a young Indian man accused of stealing a pair of used cowboy boots, spotted several men in a red pick-up truck. They followed the truck briefly. The occupants of the truck pulled into the Jumping Bull property. Shots were fired though no one knows who fired first. Soon the situation exploded into a firefight involving 30 or so Indian men, women, and children and eventually over 150 FBI agents, BIA police, US Marshals and the local police known as GOONs. Some of these arriving in armored personnel carriers, and within minutes of the first shots. Two agents and a young Indian activist died that day. Within hours of the shootout, according to the U.S. Commission on Civil Rights, which labeled it "a full scale vendetta", hundreds of paramilitary equipped, combat-clad FBI agents and US Marshals staged a dragnet through the reservation in a fever of revenge in which men, women, and children were terrified and properties and homes were ransacked.
There has never been ANY investigation into the death of the Native American killed that day. See more on this here. NONE! The FBI does not even acknowledge his death in their many, many press releases about the "incident".
The Set-up
Leonard had been previously identified as an AIM member by the FBI and targeted by their notorious COINTELPRO program which "neutralized" people by slander, attack, and arrest. Fearing no possibility of a fair trial and at the request of his elders, he fled to Canada where he was later arrested and extradited by affidavits manufactured by the FBI, and that the government now concedes were FALSE and FABRICATED. NOTE: This means the extradition was in fact an illegal act, and the Supreme Court of Canada has stated (in 1989) that if the extradition was fraudulent, Leonard should be returned to Canada, where he would be a free man. Read here, how the Canadian Minister of Justice has obviously become a pawn and puppet to the wishes of the U. S. Department of Justice.
Four men were initially accused of murder in the deaths of agents Williams and Coler. One was the young Indian man who they claimed they were coming to the camp to arrest for the alledged theft of a pair of used cowboy boots. All charges against him were dropped. Two of the men were acquitted before a jury. They were found "NOT GUILTY" by reason of self defense. The jury rightly concluded that the men had no way of knowing that the two FBI agents - in plain clothes and driving unmarked cars, were federal agents. When gunfire started, these men who were already used to the reign of terror that was going on - having already lost at LEAST 50 of their friends and relatives - killed and their deaths remain UNINVESTIGATED to this day, well they returned fire as anyone would. Leonard Peltier was in the camp that day, and he says he did fire in the direction of the two vehicles, but he had no more idea of exactly what was going on than the two men who were acquitted of the same charges. Leonard, once away from the Jumping Bull property, had fled to Canada, thus he did not stand trial with the two men who were acquitted. But - once these two were acquitted, the FBI decided to concentrate their "full prosecutorial weight against Leonard Peltier." Once they convinced Canada to extradite him, (using illegal and false affidavits) he was returned to the custody of the U.S. The FBI couldn't allow Leonard to stand trial in the same place that the two other men had been acquitted in, so they went "judge shopping". They found what they were looking for in North Dakota - a judge who had a reputation of being very hard on Indians. The handpicked judge, favored by the FBI for his anti-Indian reputation, refused to allow evidence of self defense in Leonard's trial. Information from the acquittals of his codefendants was also ruled inadmissible. Jurors were convinced by the court that AIM "snipers" would kill them at any time. The windows of the courtroom were painted black to "protect" the jury. The bus that took the jury to and from the courthouse also had it's windows painted black to "protect" the jury. The jury was keep sequestered and heavily guarded. In short Leonard Peltier was convicted before his trial even began. Manufactured evidence presented by the FBI in the form of false ballistics tests, and illegally withheld evidence in the form of ballistics test that proved that the evidence they submitted was false. They never proved that Leonard even owned the gun that they attributed the fatal shots as having come from. The gun was in such bad shape from being in a fire - it could not be fired, so there was no reliable way to prove it had even been on the Jumping Bull property that day. But, the FBI was out of people to pin this on, so they made sure the evidence all pointed to Loenard. He was convicted and sentenced to two consecutive life terms.
Government Has No Evidence
The government has subsequently changed its theory on who killed the agents and today admits they have NO IDEA WHO KILLED THEM. This change of theory came about during an appeal when a judge suggested to the prosecution that the evidence was, at best, merely circumstantial. The government then argued that they had tried Leonard as both the murderer and aider and abettor. According to the final decision of the 8th Circuit Court of Appeals, Peltier's trial and previous appeals had been riddled with FBI misconduct and judicial impropriety including: coercion of witnesses, perjury, fabrication of evidence, and the suppression of exculpatory evidence which could have proved his innocence. The Court called the FBI's misconduct "a clear abuse of the investigative process". Yet they ruled against a new trial for Leonard Peltier because they were "reluctant to impute further improprieties to them (FBI)." Recently it was discovered that a terrible error had been made during the appeal by Leonard's own attorney during which he mistakenly agreed with the judge regarding the testimony of Norman Brown. What the attorney and the judge did not realize was that Brown had recanted his testimony at trial and stated he had been coerced by the FBI. He further stated that he never saw Peltier anywhere near the bodies of the agents. We also now know that other agents were stationed around the area prior to the start of the firefight, in direct contradiction to their testimony at trial. This was discovered in September 1995 following the release of radio communications from the South Dakota Attorney General's office. A document has been unearthed stating that almost two months prior to the day of the shoot-out, the FBI was planning "paramilitary law enforcement...on Indian land", specifically, Pine Ridge. It may also be noted that the highest buildup of agents to civilians occurred just six days prior to the tragic incident.
Conclusion
It is obvious to anyone with a conscience that the government was planning to attack the AIM encampment, perhaps in the hopes of diverting attention from an illegal land transfer, or perhaps as a way to stop Senator Frank Church's Committee from investigating the FBI's COINTELPRO program in regard to Native struggles. That investigation was initiated just prior to the shoot-out. It was halted the day after "due to the deaths of the agents." With recent developments in Washington, DC proving the FBI grossly participated in illegally doctoring and manufacturing evidence to ensure criminal convictions, more attention MUST be paid to this renegade organization's past misconduct. Congressional hearings/investigations are critical! Ask your Senators and Representatives to call for a full investigation of the FBI. Remind them of Waco Texas and Ruby Ridge. The FBI is a rogue agency and it's out of control.
Recent Developments
During a parole hearing in December 1995, US prosecutor Lynn Crooks admitted again that no evidence exists against Peltier. He further stated that the government never really accused him of murder and that if Peltier were retried, the government could not reconvict. The Parole Board, however, decided not to grant parole because Peltier continues to maintain his innocence (they stated that Peltier had not given a "factual and specific account of (his) actions...consistent with the jury's verdict of guilt") and because he was the only one convicted. As ridiculous as this reasoning sounds, it has thus far held up. A petition for executive clemency after nearly 7 years from the time it was filed with the Department of Justice, was refused by William Clinton. Clinton pardoned several of his friends and business partners, but says he never seriously thought of any such pardon for Leonard.
FREE LEONARD PELTIER!
WHAT YOU CAN DO TO HELP
NOTE: Although email addresses are supplied, hard copy postal mail has
much more impact - so if you send an email, you might think about also
printing that email, putting it in an envelope and mail it to the address
supplied. Also, letters that have your full name and address are treated
differently than those that don't. If you don't feel comfortable giving
your name and address - write the letter anyway, and just leave that off.
Write, phone, fax, and email:
George W. Bush
The White House
1600 Pennsylvania Ave.
Washington, DC 20500
Phone: (202) 456-1111 (hit 0 to avoid survey)
FAX (202) 456-2461
Email: George W. Bush for Executive Clemency
Become totally familiar with the case and the ongoing situation. Visit the
International Office of the Leonard Peltier Defense Committee.
Join a local Support Group. Contact LPDC for locations.
If no Support Group exists in your area, consider starting one.
Contact your elected officials and ask that they support the call for
clemency, and demand that the FBI be investigated.
Lobby city councils as well as local educational, religious, social,
and cultural organizations in generating resolutions and proclamations.
OTHER GOVERNMENT OFFICIALS TO CONTACT
Also email the Vice President for Executive Clemency
cc your clemency letters to:
US Pardon Attorney
Roger C Adams
500 First Street NW Suite 400
Ref: Leonard Peltier #89637-132
Washington DC 20530
Phone: (202) 616-6070
Also cc your clemency letters to:
Charles Ruff
G1
725 17th St. NW
Washington DC 20503
HEALTH
Deputy Attorney General
Mr. Eric Holder
950 Pennsylvania Avenue NW
Washington DC 20530
Phone: (202) 514-2000
Fax: (202) 514-0467
When writing to BOP or the warden of the prison, be sure to use
"Leonard Peltier Register Number 89637-132" so there can be no question
as to exactly who you are talking about.
Ms. Kathleen Hawk
Director, Bureau of Prisons
320 First St. NW
Washington, DC 20534
Fax: (202) 514-6878
Phone: (202) 307-3198
Email: Kathleen Hawk
Email: swolfson@bop.gov
Warden Booker
Leavenworth Federal Prison
Box 1000
Leavenworth, KS 66048
CONGRESSIONAL INVESTIGATIONS
To reach your Congressperson or Senator by Phone Call (202) 224-3121
Also write the Congressperson from your district.
HOUSE WEBPAGE for addresses and contact numbers.
http://www.house.gov/
The Honorable (full name )
United States House of Representatives
Washington DC 20515
Write the Senators from your state.
SENATE WEBPAGE for addresses and contact numbers.
http://www.senate.gov/
The Honorable (full name )
United States Senate
Washington, D.C. 20510
Write to Leonard Peltier (he can receive US postal money orders,
photos (not Polaroid), and paper back books)
USPL
Leonard Peltier
#89637-132
PO Box 1000
Leavenworth, KS 66048
For More Information:
Leonard Peltier Defense Committee
PO Box 583
Lawrence, KS 66044
Phone: (785) 842-5774
Fax: (785) 842-5796
Email us at: lpdc@idir.net
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MASCOTS - Racism in Schools by State
Many of these schools and school board members claim to be "honoring" Native Americans by their use of a mascot like "Braves", or "Chiefs", or "Indians", or "Warriors", and even the more obvious racial slur "Redskins". I ask of each of these schools and school board members - If the people being "honored" feel only degradation, pain, racism, and disgust, then where is the "honor"?????!!!! One particular school in California who refer to themselves as "Apache", were told by the Apache students of a school on the Apache reservation that they felt it was an insult for this to continue. The Califorina school decided that No matter what the Apache people feel and expressed to them, the "Apache" mascot will continue. This is "HONOR"?
See; Arcadia "Apache"
Children are being harmed by these mascots, and not just the Native American children. Once the stereotype is established in a student's mind, it makes it very difficult for children of any race to learn about present day Native Americans. For instance, I have been asked by school children if I still live in a TiPi, and I have been told by a young school aged child that I can't possible be an Indian, because Indians were all killed a long time ago, and that's why the school mascot is an "Indian" - so Indians can be remembered. That is racism. There does not have to be a feeling of hate to make it racism. And, we aren't saying that these people are terrible people, we are saying that they have choosen a mascot that offends, and they might not even understand that it offends. We don't want a confrontation with them, we want to talk to them and convince them that for the good of all the children in the schools, the mascot should change. Many times I have seen the school boards or the school put the mascot issue to a vote - majority rules. Issues involving racism or civil rights CANNOT be solved by having them put to a vote. This should not be a situation where the majority dictates to the minority how things are going to be, it should be a situation where the RIGHT thing is done even if it is not the most popular opinion of the RIGHT thing to do.
I am NOT honored when the people in a stadium are encouraged by a white student on horseback and wearing what "they" think is Indian attire, to do the "tomahawk chop"!
I am NOT honored to hear the students of a rival school screaming "kill the Indians"!
I am NOT honored to see various racist depictions of what a "Brave" or "Warrior" or "Chief" are supposed to look like in the eyes of those who mock us!
I am ESPECIALLY NOT honored when we tell you it is not an honor but an insult to be depicted in this way - and it continues anyway!
Indians are real living people, and we are the ONLY living race of people to be used as mascots. Why? And, most importantly - why teach racism to children in school????? Why are there no schools with a mascot called the "Blackskins"? Why are there no schools with a mascot called the "Jews"? I think the answer is obvious, it would be an insult to Black people or to Jews - yet schools have a mascot of "Redskins" or "Indians" - why?
Here are a few quotes by people that these schools claim to "honor".
Vernon Bellecourt: "We are saying - start playing football and stop playing Indian. Stop this dehumanizing, degrading, and despicable exploitation of our culture and spiritual life."
Clyde Bellecourt, National Director, AIM: "We don't want to be mascots for America's fun and games."
Kathy Morning Star, Director AICS and Director VA AIM: "It is the responsibility of educators to set the example and teach the youth of today to respect other ethnic or minority peoples - NOT to exploit or disrespect them by using them as 'mascots' or stereotypical 'images' which purpetuates racism."
Mike Wicks, participating member AIM and AICS Co-director: "We need to educate the educators. Show them the harm that is being done to all children."
Barbara Munson (Oneida): "When someone says you are hurting them by your action, if you persist - then the harm becomes intentional."
And this one from a Washington Post Editorial: "Redskins is not a term fashioned by American Indians. The nickname was assigned to them just as the pejorative designation "darkies" was once imposed on African-American slaves.
That was wrong then - this is wrong now."
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