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
Kill The Tobacco Master Settlement Agreement
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:
School starts at #NoDAPL camp as resistance stays for long haul (8/29)
Dave Archambault: Stopping the desecration of our Mother Earth (8/29)
Lakota Country Times: Resisters dispute emergency declaration (8/29)
Mark Trahant: State erects roadblock at peaceful #NoDAPL camp (8/29)
Latoya Lonelodge: Witnessing history at Camp of Sacred Stones (8/29)
Jon Eagle: Land remains sacred to the Standing Rock Sioux Tribe (8/29)
Albert Bender: Tribes join together at Camp of the Sacred Stones (8/29)
Steven Newcomb: Law of Christendom at play in #NoDAPL battle (8/29)
Arvol Looking Horse: Saving our Earth from energy development (8/29)
Senate Committee on Indian Affairs schedules hearing on 4 bills (8/29)
Quapaw Tribe hosts groundbreaking for meat processing facility (8/29)
Native Sun News: Youth learn about traditions with Native games (8/29)
Delphine Red Shirt: Taking control of teaching our own languages (8/29)
Denver American Horse: Veterans column in the Lakota language (8/29)
Johnny Rustywire: Native youth are curious about their heritage (8/29)
Opinion: Alaska enters a new era with tribes and land-into-trust (8/29)
Second switched at birth case uncovered at First Nation hospital (8/29)
Bishop Paiute Tribe urges patience after officer involved shooting (8/29)
Author in Virginia credits Powhatan Tribe with inventing barbecue (8/29)
Brian Fraser: Don't let tribes open casinos everywhere they want (8/29)
Trial slated to begin for death of Mohegan Tribe casino employee (8/29)
Frog Lake First Nation proposes gaming development in Alberta (8/29)
Tribal Tribune: Unity at Standing Rock Sioux Tribe's sacred camp (8/26)
Dakota Access Pipeline lacks key approval to build by reservation (8/26)
Lummi Nation sends totem pole to #NoDAPL camp in North Dakota (8/26)
Winona LaDuke: Corporate interests come to destroy our mother (8/26)
Sarah Sunshine Manning: #NoDAPL campaign awakens our people (8/26)
Native Sun News: Mother charged in beating death of 2-year-old (8/26)
Lakota Country Times: Oglala veteran pushed for Black Elk Peak (8/26)
Jeffrey Whalen: Oglala Sioux Tribe continues to get nothing done (8/26)
Leon Matthews: Off The Rez Ramblings heads back to Pine Ridge (8/26)
Erica Pinto: Jamul Indian Village planning to debut casino 'soon' (8/26)
Harold Monteau: Tribal lending industry facing major challenges (8/26)
Winnebago Tribe becomes first with non-smoking room at casino (8/26)
Tlingit and Haida Tribes win federal approval of gaming ordinance (8/26)
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.