Norton resisting court presence on trust reform

FROM THE ARCHIVE

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FRIDAY, APRIL 12, 2002

Attorneys for Secretary of Interior Gale Norton on Thursday said the Bush administration won't support additional judicial oversight of trust reform unless their demands are met.

Claiming they never anticipated that a court official's stinging reports would be used against the Department of Interior, government attorneys asked a federal judge to impose stricter controls on the way investigations are carried out. Otherwise, Norton opposes court monitor Joseph S. Kieffer's continued presence, the attorneys said.

"Absent these procedures to ensure fundamental fairness," the government wrote of its demands on Kieffer, "the Interior defendants are constrained to object to his reappointment."

Appointed nearly a year ago, Kieffer has been a thorn in the Bush administration's side since he began investigating the progress of efforts to fix the Individual Indian Money (IIM) trust. A former military intelligence specialist, he has issued six reports critical of the department's fledgling efforts to restore proper management of money held for the benefit of 300,000 American Indians throughout the country.

Faced with at least another year of his presence, Norton has launched a pre-emptive strike. In yesterday's court filing, her attorneys demanded U.S. District Judge Royce Lamberth limit the scope of Kieffer's work in order to prevent him from investigating a broad array of trust reform issues.

And in a move which could hamper his investigations, Norton's attorneys asked Kieffer to interview department officials and employees under oath. Otherwise, they said it would be hard to challenge his conclusions and findings, a particularly important point since Kieffer's reports have been entered as evidence in the Bush administration's contempt trial because Norton's attorneys failed to raise substantial objections to them.

The requests speak to the government's clashes with another court official who has wide investigative powers. Both the Clinton and Bush administration have resisted probes by special master Alan Balaran, whose communications with department officials, while conducted under oath and with attorneys present, have been stalled by the government and private counsel whose fees are in part paid by taxpayers.

If approved, the restrictions would effectively turn Kieffer into another special master. In the past, Lamberth has rejected calls by the Indian plaintiffs for just that.

Attorneys for the beneficiaries are supporting Kieffer's work. Unless he is reappointed, "Secretary Norton and her counsel will continue to do nothing and continue to deceive this court," the wrote in a court filing.

Dennis Gingold, the lead attorney on the case, said in an interview yesterday that simple oversight is not enough. "[Without Kieffer] the sham of trust reform would not have been exposed," he said, "but continuing to monitor failure without ensuring trust reform will occur isn't accomplishing much."

Gingold said the only way to ensure success is to appoint a receiver to take over the IIM trust. Lamberth is considering the move and is expected to make a decision after he rules on Norton's contempt.

Kieffer's term officially expires April 16.

Related Documents:
Support for Kieffer (4/11) | Opposition to Kieffer (4/11)