indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Falmouth Institute - December in Las Vegas
Advertise on Indianz.Com
Home > News > Headlines

Printer friendly version
Lamberth says Norton playing magic with trust reform
TUESDAY, JULY 1, 2003

The federal judge overseeing the Indian trust suggested on Tuesday that the Bush administration was playing word games in order to avoid fulfilling its responsibilities to account holders.

U.S. District Judge Royce Lamberth called a trial to address an historical accounting and reform of the Individual Indian Money (IIM) trust. In a court order accompanying his decision to hold Secretary of Interior Gale Norton and former assistant secretary Neal McCaleb in contempt, he asked the government to submit two plans that would bring them into compliance with their trust duties.

But during testimony in Washington, D.C., yesterday, he said the Department of Interior's response appeared to fall short of his requirements.

"It doesn't comply with my order, does it?" Lamberth asked special trustee Ross Swimmer of the historical accounting plan. "Where did I say in my order that [the historical accounting] only applies to fund management?"

"You didn't, your honor," admitted Swimmer.

The government's historical accounting plan, submitted January 6, imposes a number of limits on the project. Chief among them is a decision not to account for the 11 million acres of land held in trust for individual Indians. Department officials have taken great pains to separate an accounting of "funds" from an accounting of "trust assets."

When Swimmer was asked by Native American Rights Fund attorney Keith Harper where that distinction came from, Lamberth interjected and said "clever lawyers" and "clever accountants."

"I'll accept that, your honor," Swimmer said.

The second Interior plan describes how the department will fix the IIM system and the standards by which it will be held accountable. The document specifically avoided the use of common law standards, a move that represents the stance the Department of Justice has taken in several court cases, including those recently before the Supreme Court.

But on March 28, well past the January deadline imposed by Lamberth, Swimmer's Office of Special Trustee released a "comprehensive" trust management plan that brings in common law standards. Well, sort of, said Lamberth.

"It would take a magician to understand that," he observed.

Lamberth's words hint of his formal response to the Bush administration's initiatives. When he called the trial last September, he said he was considering imposing a "structural injunction" on the Interior in order to make sure it was carrying out its trust duties.

The trial, which started May 1, is expected to wrap up next week. It is not known when Lamberth will make a decision about how to go forward.

The plaintiffs have asked Lamberth to reject the department's plans an adopt their approach. They say they are ready to wrap up the case by the end of the year in a way that will correct the account balances in the trust.

Relevant Links:
Office of Special Trustee - http://www.ost.doi.gov
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Cobell v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm
Indian Trust, Department of Interior - http://www.doi.gov/indiantrust

Related Stories:
Swimmer testifies on trust fund accounting (6/27)
Swimmer challenged on Bush reform plans (6/27)
Swimmer expected to take stand in Cobell trial (6/25)
Griles gets Cobell wish list from House (6/26)
Taxpayers fund private attorneys to tune of $3M (6/25)
Swimmer testimony to come at end of Cobell trial (06/05)
Cason to take stand in Indian trust fund trial (6/4)
Indian trust standards debated (6/3)
Suit aims to halt reorganization (6/3)
Norton starts defense in trust fund trial (6/2)
Tribes stress unity on trust reform solutions (6/2)
Cobell welcomes a settlement to trust case (5/29)
Lamberth criticizes interference with trust fund case (05/22)
Tribes oppose OST expansion into Indian County (5/22)
Swimmer: Don't fear changes at Interior (5/22)
On trust, Swimmer turns to private sector (5/14)
Trial in Cobell trust fund case kicks off (05/02)
Bush reform plans debated in trust fund trial (05/02)
Cobell v. Norton Recap: Day 1 of Trial 1.5 (05/02)
Court tackles trust accounting and reform plans (05/01)

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

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Urban Indian organization seeks new center (11/26)
Tentative schedule for White House Tribal Nations Conference (11/26)
White House invites youth to DC for Tribal Nations Conference (11/26)
Leslie Wheelock: Touting nation-to-nation trading and tourism (11/26)
Kevin Abourezk: A mystery of Indian agents with same name (11/26)
Michael Allen: My ancestor took part in Sand Creek Massacre (11/26)
Dean Suagee: EPA's Clean Power Plan affects Indian Country (11/26)
Mark Rogers: Finding something to be thankful for this holiday (11/26)
Former convicted leader of Crow Tribe seeks to clear his name (11/26)
Blackfeet Nation denies political motive in arrest of ex-leader (11/26)
Appeal set in dispute over Navajo Nation presidential hopeful (11/26)
Judge allows NFL team lawsuit against young Native activists (11/26)
NPR: Alaska Natives put traditional spin on Thanksgiving meal (11/26)
Column: Group helps rescue dogs from Pine Ridge Reservation (11/26)
First Nation offers reward for information about missing man (11/26)
First Nations face loss of funds over failure to submit salaries (11/26)
Santa Ysabel Band responds to state lawsuit over online bingo (11/26)
Citizen Potawatomi Nation to meet over liquor sales at casino (11/26)
Flandreau Santee Sioux Tribe could lose casino's liquor license (11/26)
Mashantucket Tribe looks to shift revenues away from gaming (11/26)
Agua Caliente Band selects planner to revamp land near casino (11/26)
Washington gaming panel cuts jobs as non-Indian revenue falls (11/26)
Native Sun News: Oglala Sioux Tribe to issue IDs at tournament (11/25)
James Giago Davies: Polygamy and shunning in Lakota culture (11/25)
Ben Shelly: There's a lot to be thankful for on the Navajo Nation (11/25)
Cara Cowan Watts: Share the blessings of the Cherokee Nation (11/25)
Joe Sexton: BIA's 'ugly' land policies stuck in the 19th century (11/25)
Jenny Durkan: Cop who killed Native man wasn't charged either (11/25)
Oklahoma claims Citizen Potawatomi Nation must collect taxes (11/25)
Divided court won't extend Seneca Nation immunity to business (11/25)
Vice: North Dakota tribe sees $25M a month in energy royalties (11/25)
Members of Lumbee Tribe proud to carry on tradition of service (11/25)
Flandreau Santee Sioux Tribe donates $10K to local food pantry (11/25)
Slate: Non-Indians were encouraged to move to tribal territory (11/25)
Column: Remains of Dakota man hanged in 1862 kept in home (11/25)
Family members plead guilty to thefts from reservation town (11/25)
Authorities investigate fatal crash involving Bad River officer (11/25)
Editorial: Yakama Nation must disclose plans for clean water (11/25)
Roy Burton: Montana tribe puts its people at risk with gaming (11/25)
Lawmaker asks BIA to wait on Cowlitz Tribe casino acquisition (11/25)
Gaming compacts on agenda for 2015 session in New Mexico (11/25)
Quapaw Tribe faces even more competition for Kansas casino (11/25)
Pala Band wins final approval for online gaming in New Jersey (11/25)
Mashantucket Tribe still thinking about Massachusetts casino (11/25)
Tim Giago: Cornflakes every Sunday at Indian boarding school (11/24)
Charles Trimble: A time to give thanks -- For whatever reason (11/24)
Mark Trahant: Incoming Alaska governor opens doors to tribes (11/24)
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.