indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Native American Bank - Native people investing in Native communities
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
1st Circuit tells Narragansett Tribe to comply with grand jury

Filed Under: Law
More on: 1st circuit, immunity, narragansett, rhode island
     

The Narragansett Tribe of Rhode Island can't assert sovereign immunity in a federal grand jury proceeding, the 1st Circuit Court of Appeals said today.

The tribe's historic preservation office refused to turn over documents to the grand jury as part of an unspecified investigation that remains under seal. The office was held in contempt and ordered to pay $500 in fines every day.

On appeal, the 1st Circuit lifted the contempt citation. The court said the contempt proceedings started after the grand jury had already expired, making the request unenforceable.

However, the court said the office can't assert immunity in future proceedings because the United States is a "superior" sovereign. Congress abrogated tribal powers through the Major Crimes Act and other federal criminal statutes, the decision stated.

"For the sake of completeness, we further note that, even if the tribes did originally enjoy sovereign immunity from federal grand jury process, Congress has abrogated that immunity through the enactment of federal criminal statutes extending to Indian country 'the general laws of the United States as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the United States,'" the court stated, quoting a section of federal law that applies to Indian Country. "That grant of criminal jurisdiction necessarily entails the authorization of investigative and enforcement mechanisms such as the grand jury subpoena power."

The tribe's attorney, William Devereaux, declined to comment on the investigation that spurred the appeal, the Associated Press reported.

Get the Story:
Court: Federal grand jury subpoenaed Narragansett tribe, no details on investigation (AP 2/25)

1st Circuit Decision:
In Re: Grand Jury Proceedings v. District Court of Rhode Island, Providence (February 25, 2015)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Tribes rest easy as Supreme Court wraps up a surprising session (6/24)
Tribes in northern California take action to protect salmon runs (6/24)
Aaron Payment re-elected as chairman of Sault Ste. Marie Tribe (6/24)
Gun Lake Tribe hosts annual Sweet Grass Moon Powwow in July (6/24)
Native Sun News: First Native hockey referee 'Butchy' passes on (6/24)
Delphine Red Shirt: Lakota people denied voting rights on our land (6/24)
Ruth Hopkins: Saving sacred Bear Butte from a massive biker bar (6/24)
Terese Mailhot: Becoming a better ally after the Orlando shooting (6/24)
April Youpee-Roll: Elizabeth Warren owes more to Indian Country (6/24)
Another land-into-trust fix reportedly being drafted in the Senate (6/24)
Federal charges filed in kidnapping of girl on Fort Peck Reservation (6/24)
Non-Indian charged for trespassing at Nambe Pueblo in New Mexico (6/24)
St. Croix Chippewa Tribe warned not to launch marijuana operation (6/24)
Eastern Shawnee Tribe breaks ground on $34M expansion at casino (6/24)
Non-Indian gaming firm loses challenge to law for new tribal casino (6/24)
Grand Ronde Tribes to finish demolition work at site of old racetrack (6/24)
Supreme Court deadlocks in closely-watched tribal jurisdiction case (6/23)
Matthew Fletcher: 'Huge win' for Mississippi Choctaw court system (6/23)
Native American Basketball Invitational draws top talent to Arizona (6/23)
Cheyenne River Sioux Tribe almost done with long-awaited theater (6/23)
Susanville Rancheria thanks lawmakers for help with land-into-trust (6/23)
Senate Committee on Indian Affairs schedules hearing on three bills (6/23)
Supreme Court backs affirmative action policy in long-running case (6/23)
Native Sun News: Senate committee takes on Indian Health Service (6/23)
Mark Trahant: A Republican plan to terminate Indian Health Service (6/23)
James Giago Davies: Welfare for corporations but nothing for tribes (6/23)
Peter d'Errico: Justice Clarence Thomas critiques federal Indian law (6/23)
Two charged for beating and setting woman from Crow Tribe on fire (6/23)
White House defends fracking regulation imposed on Indian lands (6/23)
Mescalero Apache woman hosts fundraiser for Miss United States (6/23)
Standing Rock Sioux Tribe to collect sales tax on entire reservation (6/23)
Seneca-Cayuga Nation ordered to conduct another council election (6/23)
Poarch Creek land-into-trust bill could help casino effort in Florida (6/23)
Cherokee Nation enters deal to run commercial casino in Arkansas (6/23)
Tohono O'odham Nation told to turn over casino-related documents (6/23)
Senate Indian Affairs Committee debates marijuana & sovereignty (6/22)
Major trust reform bill supported by Indian Country signed into law (6/22)
President Obama signs land-into-trust bill for Susanville Rancheria (6/22)
Chairman Jim Boyd from Colville Tribes passes away at age of 60 (6/22)
Tribes take more control of their land with HEARTH Act regulations (6/22)
Shakopee Mdewakanton Sioux Community adds another 128 acres (6/22)
Lakota Country Times: Pine Ridge Reservation graduates celebrate (6/22)
Native Sun News: Year of Reconciliation sees another anniversary (6/22)
Former Fond du Lac Band chairman Peter Defoe passes on at 77 (6/22)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.