Chanku Luta (Red Road)

Hau Mitakuyapi
Take a minute, read, review, comment, we of the Dakota Nation may be forgotten in time, but for now we will never be ignored...I will see you on the Red Road of Life...Wopida Tanka
Hokshida Maza (Iron Boy) Bdewakantowan Dakota Akichita

Wednesday, October 27, 2010

Wolfchild vs US

1. Shakopee made several other attempts to terminate the trust back in 1975 and 1976 and those were turned down. Judge Lettow said these rejections are key to the case. He asked the gov lawyer why these were turned down and she avoided the question and changed the subject.

yup..even i know they did..those attempts are even posted on the Library of Congress wasnt passed until a senator insisted that the savings clause is added

2. The gov lawyer kept trying to use a statute of limitations to have the case dismissed. The judge responded by asking when would the statute start since we have not even begun to litigate this case yet???

only after we are given a full accounting can the statute of limitations begin to run

3. NIGRA approved MSC percapita documentation can be changed at any time. The judge and Eric both are aware that the government can alter percap distributions at any time and why havent they?

the revolving door of the Mn BIA...take the money and resign

the 3 "communities" should have had a BIA agent since they were organized

the only BIA agent in MN is assigned to the Mn Chippewa Tribe

The Sec. of Interior has ultimate Authority and Jurisdiction over all the IRA tribes and communities...what he approves and disapproves can be reversed at anytime..and there is no time limit on his authority

4. The three communities are not reservations and are not protected under soverign immunity and can be sued any time and many times. They are communites.

exactly..the land was set aside to benefit another group of ppl

the ppl currently occupying the land, dont actually own the land

the only ppl that are beyond federal and state statute are the ppl that actually own the land

5. Eric asked for Executive Power over the Government because their not working with us.

need to see the transcripts for this one

6. The Court of Appeals did not rule or say anything about a Mandating Duty so now that will be up to Judge Lettow to rule on.

7. Lettow mentioned that in his opinion some form of Trust still does exist. He also said because of this the Government has a lot of work to do to prove it doesnt and have failed to do so.

6+7..pretty much go together..

the DOI was supposed to delegate that duty to a special trustee to oversee the collecting and distribution of all profits generated from the land...since the 3 "communities' never had their own BIA agent to report to they took it upon themselves to determine who would benefit

its in Lettows authority to make sure the DOI assigns a special trustee

8. Eric Kaardal asked the court why the Government is still maintaining their position against us so adamantly since they have so blatently failed to discredit our arguments. Why haven't they begun to go after the three communities yet.

mostly likely a very severe political problem..the 3 US "communities" acting as agent or agencies of the US government are acting illegally in the operation of gaming facilities for the past 15 or so years

the last time i checked it was very illegal for the US government to run a business at a profit

Please elaborate anybody and looking forward to all the genius LD's to add to or correct any typo's I may have written. I'm going by Deans notes over the phone.

I mentioned to Dean that Shakopee used to be ready to jump if they didnt get their gravel pit checks exactly on time way before casino PC and he mentioned an aunt who was from Shakopee who brought it up in a community meeting way back when Norman was in charge. She said well we all got those sand payments back when we had no money here from LS every month, so now that we have all this money why shouldnt we give it back to them. She was of course refering to the gravel pit distributions that LS faithfully shared with both Shakopee and Prairie Island every month for the full time the gravel pit showed profits.

Back then Shakopee consisted of only about 250 acres of totally trust land and had no resources at all. Today none of us know how big the rez is but I've heard its over 2000 acres of prime land. All trust land since Stanley has invested our money for us by buying up land.

Thank you Dean

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