Inquiry sought into trust reform spat

FROM THE ARCHIVE

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FRIDAY, MAY 3, 2002

The escalating feud between Secretary of Interior Gale Norton and her top trust reform official burst into public again on Thursday with the release of a highly critical court report calling for an inquiry into her behavior.

Accusing Norton and her "minions" of attempting to undermine Special Trustee Tom Slonaker, court monitor Joseph S. Kieffer III said their actions "are unconscionable and smack of retaliation." He urged U.S. District Judge Royce Lamberth to investigate potential violations of court directives in order to get to the bottom of a dispute that he said has prevented real reform.

"The Special Trustee can no longer carry out those responsibilities mandated by Congress," Kieffer wrote, "at the very moment he has identified a renewed lack of trust reform progress."

In the 86-page report, Kieffer recounts recent internal communications about efforts to correct more than a century of trust fund mismanagement. He singles out an April 17 memo in which Norton rebukes Slonaker and denies him additional oversight of reform projects.

"Frankly, your performance to date does not justify expansion of your responsibilities," she wrote.

But according to Kieffer, the record does not bear out the criticism. Instead of owing up to their own contemptuous actions, Norton and her subordinates have lashed out against Slonaker's office, the report charges.

"By their unvarnished exhibition of a continuing pattern of contempt for this Special Trustee’s authority and statutory responsibilities," Kieffer stated, "they have managed to place him in a position where his responses to their attacks can only harm them in the eyes of this court and the Congress."

Kieffer's conclusions were heralded by attorneys representing 300,000 Indian beneficiaries whose $500 million in annual trust assets are at the heart of a long-running class action. "How can you say a receiver is not necessary?" said Keith Harper of the Native American Rights Fund.

The report, Harper added, "raises some serious questions about whether or not there is some illegal conduct on behalf of individuals and how they should be held accountable. An investigation into those issues is appropriate."

Calls were placed to several Department of Interior representatives yesterday. No responses were received.

Under rules of Lamberth's court, the government has 10 days to respond to Kieffer's report unless an extension is requested and granted. In the past, Norton's defense team has not heeded this deadline, allowing critical findings to be entered into the record of evidence.

Lamberth in February concluded Norton's contempt trial, which centered on charges of providing false and misleading information about the progress of reform to the court. A finding is pending.

Get the Report:
Seventh Report of the Court Monitor (5/2)

Today on Indianz.Com:
Court report documents trust reform feud (5/3)

Relevant Links:
Indian Trust, Department of Interior - http://www.doi.gov/indiantrust
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Trust Reform, NCAI - http://130.94.214.68/main/pages/
issues/other_issues/trust_reform.asp