Michael Wachsmuth, the Garrison firefighter fighting for his life is scheduled for surgery today. Apparently the start time was to be sometime around 9 a.m.
The doctors are performing a biopsy on his lower spinal area. Any surgery to the spinal column is risky. There is a concern of paralysis post op.
No other information is available at this time.
Please say a prayer to give wisdom to the doctor's minds, skill to the doctor's hands, compassion to all who care for Mike, and strength to Mike for a positive outcome.
Peace.
Friday, October 31, 2008
Thursday, October 30, 2008
Time for a quickie update
I just got off the phone with Jeremy. He just got back from the hospital visiting Mike.
They are waiting for the results of the MRI today to decide if and when they should do the biopsy.
Mike has a trach tube in his throat for breathing and a feeding tube in his nose. According to Jeremy, Mike is not happy about the tube in his throat. He wants it out.
He is communicating by sign language which makes it difficult for those who don't understand signing. But the nurses gave Mike a sign language alphabet cheat sheet so he could figure it out.
Although communicating in sign language, Mike and Jeremy had a heart-to-heart chat, or hand-to-hand. Jeremy and Mike talked in private. Jeremy said he had to turn towards the window so Mike could not see him cry. He actually said "tear up," because big tough guys don't "cry" you know. (Jeremy will probably not be happy I just wrote that either.
Jeremy sent a photo of Mike taken today. I will not publish it, I don't think because it is very sad. He looks very uncomfortable with all of those tubes everywhere and lines running up and down both arms. There are machines and monitors all over his room. But the thing to remember is he is in one of the worlds best hospitals. All we can do is pray that God gives the doctors the wisdom to figure out this mystery.
Peace.
They are waiting for the results of the MRI today to decide if and when they should do the biopsy.
Mike has a trach tube in his throat for breathing and a feeding tube in his nose. According to Jeremy, Mike is not happy about the tube in his throat. He wants it out.
He is communicating by sign language which makes it difficult for those who don't understand signing. But the nurses gave Mike a sign language alphabet cheat sheet so he could figure it out.
Although communicating in sign language, Mike and Jeremy had a heart-to-heart chat, or hand-to-hand. Jeremy and Mike talked in private. Jeremy said he had to turn towards the window so Mike could not see him cry. He actually said "tear up," because big tough guys don't "cry" you know. (Jeremy will probably not be happy I just wrote that either.
Jeremy sent a photo of Mike taken today. I will not publish it, I don't think because it is very sad. He looks very uncomfortable with all of those tubes everywhere and lines running up and down both arms. There are machines and monitors all over his room. But the thing to remember is he is in one of the worlds best hospitals. All we can do is pray that God gives the doctors the wisdom to figure out this mystery.
Peace.
Update on Mike, prayers needed
I spoke with Mike Sr. and Jeremy late last night and today. Here is what I know:
Mike was going in for another MRI around noon today. Jeremy had just gotten down to the Mayo and would wait until he got out.
There is another spot on his spine - apparently in his lumbar region. Mike is scheduled for surgery tomorrow, Friday, Oct. 31. The doctors are going to do the biopsy.
Mike said they will start in the lumbar region. If they do not get a satisfactory result - meaning some clue as to what is going on -- they will start to biopsy the other areas starting with spots (lesions) in his neck (cervical).
The surgery is risky and partial or full paralysis is a possibility.
Mike told Jeremy that he is tired of being sick. He just want to find out what is wrong so he can get better.
Please pray for Mike and his family.
Peace.
Mike was going in for another MRI around noon today. Jeremy had just gotten down to the Mayo and would wait until he got out.
There is another spot on his spine - apparently in his lumbar region. Mike is scheduled for surgery tomorrow, Friday, Oct. 31. The doctors are going to do the biopsy.
Mike said they will start in the lumbar region. If they do not get a satisfactory result - meaning some clue as to what is going on -- they will start to biopsy the other areas starting with spots (lesions) in his neck (cervical).
The surgery is risky and partial or full paralysis is a possibility.
Mike told Jeremy that he is tired of being sick. He just want to find out what is wrong so he can get better.
Please pray for Mike and his family.
Peace.
Wednesday, October 29, 2008
Firefighter fighting for his life
Mike Wachsmuth is a Garrison firefighter fighting for his life right now. He is currently in the ICU at the Mayo Clinic in Rochester.
I first heard of Mike Wachsmuth's condition from his dad, Mike Wachsmuth. Now I am not entirely sure if one is a Jr. and the other Sr., but for simplicity sake, they will be here.
Mike Sr. told me of the medical mystery surrounding his 23-year-old son, Mike. My heart just about broke in pieces listening to him speak of his son.
Covering the news about the fire department and on the scene at fires of course, is how I first met Mike Jr. He is a favorite launch captain of many folks in Garrison as well having worked at Garrison Sports piloting both some Garrison Sports launches and at the Blue Goose.
Please go to the Messenger website and read the story on Mike. Here is the link. If it doesn't work, copy and paste it to your browser. You know the drill.
http://www.millelacsmessenger.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=19287
I know Mike, Jr. He is a very nice young man who has been on the Garrison Fire department for 5 years. He signed up on his 18th birthday, so I am told. This picture was taken at an early morning fire this summer. There were actually two house fires that morning. The first call came in somewhere round 3 a.m. Mike responded with the rest of his crew. The second call came in around 5 a.m. I think, if I remember correctly, they were on their way back to the barn (fire hall) when that call came in. They turned around and went back. The second call was only a couple blocks from the first. (Arson is suspected in both houses.)
But the crew put both fires out. The first house was totally engulfed when they arrived and unfortunately, it burned to the ground. They were able to save a couple of walls on the second house. That's when I got there. It was still dark, but getting brighter. The boys were tired. Very tired and very hot. Mike was there and giving it his all.
I found out last night that Mike did not have the biopsy. The doctors warned him of the risk of permanent paralysis if anything went wrong. They are holding off on the biopsy. Mike Sr. told me the docs did some more tests yesterday. They took fluid from his eye for one test. Sounds painful. They need to wait for results. Mike Jr. is also scheduled to be seen by an ear, nose and throat specialist. He can't swallow anymore at all, apparently. After the ENT's take a look they are possibly going to insert a feeding tube, either parctial or full. And he mentioned something about a lung test, too, but I don't know what that is.
I have mainly been talking with Mike Sr. and his nephew, Mike's cousin, Jeremy Wachsnuth. Jeremy and Mike Jr. are close. Coming from a small town (Garrison has a population of 213 for those who don't know) most people know each other. I know both Jeremy and Mike Sr. pretty well. Mike Sr. has been my boat driver on several occasions when I have needed to get out on the water for a story, or for fun. Mike Sr. would do just about anything to help someone. Anyone. Even though he likes to pretend he is crabby sometimes, you just have to look into those blue eyes to see the truth.
I met Jeremy through Mike Sr. and have had many occasions to talk with him and hang out for a bit. Jeremy is a stubborn young guy — it may run in the family. What also appears to run in the family is the urge to help people. I know that if I ever needed anything, Jeremy would be there.
That appears to be the same with Mike Jr. Why else would he be so involved with the fire department?
The picture with the girls is Jeremy and Mike at the eelpout festival in Walker. Leave it to those boys to find girls in bikinis while ice fishing!
Here is what Jeremy wrote in an email to me this morning after his visit with Mike Jr. yesterday: "It was really a hard day to be with him today. I think the hardest yet. He is so tired of being sick he asked the doctor for the biopsy knowing that he may not ever walk again after that."
Jeremy took this picture of Mike in the hospital while he was a Mercy before he moved to Mayo. He know has IV's running in his arms so they can feed him and deliver medication.
Mike's illness is still a mystery. Quite frankly, it sounds like an episode of the FOX series "House." I wish it was because on that show, almost always, House comes in at the end and figures out the whole mystery and saves the patient's life.
Right now I am asking for your prayers, for Mike, for his family.
I will post updates when I hear more. Both on my blog and on twitter.
Peace.
Friday, October 24, 2008
Racing news from North Central Speedway
The dirt track racing season has been over for a little over a month now but folks from North Central Speedway are still making the news.
Brandon England of Wahkon has made Rookie of the year! Congratulations Brandon. For all other standing, check out the NCS website. http://www.racencs.net
Speaking of the NCS website, according to the NCS website, there is a new contact person for track information. If you have any questions, call Tim Boeder @ 218-330-9072. If I remember correctly, Tim worked on corner two.
Word on the street is Peggy stepped down and is gone. I don't have details.
If you are missing the action provided to racing fans in Brainerd every Saturday night all summer long (except for the seemingly endless rainouts), check out a video made early in the season at NCS. Unfortunately, it rained that night, too, so the video ended abruptly.
No need to worry about the lack of racing action, the ISOC snowmobile racing season starts up in about four weeks with Nationals held at Spirit Mountain, Duluth.
Let the snow fly!
See you at the track!
Peace.
Brandon England of Wahkon has made Rookie of the year! Congratulations Brandon. For all other standing, check out the NCS website. http://www.racencs.net
Speaking of the NCS website, according to the NCS website, there is a new contact person for track information. If you have any questions, call Tim Boeder @ 218-330-9072. If I remember correctly, Tim worked on corner two.
Word on the street is Peggy stepped down and is gone. I don't have details.
If you are missing the action provided to racing fans in Brainerd every Saturday night all summer long (except for the seemingly endless rainouts), check out a video made early in the season at NCS. Unfortunately, it rained that night, too, so the video ended abruptly.
No need to worry about the lack of racing action, the ISOC snowmobile racing season starts up in about four weeks with Nationals held at Spirit Mountain, Duluth.
Let the snow fly!
See you at the track!
Peace.
This is funny and a good point
In case you missed this on Brett's blog, I thought I would post it here so you all faithful readers of my blog will get a chance to see it. It is funny and makes a very good point.
Peace.
Peace.
See more Ron Howard videos at Funny or Die
Wednesday, October 22, 2008
I want to run for Vice President
I have never really had any political aspirations before. But with Sara Palin running, she may have just given me the inspiration I need.
I mean every girl just wants to have fun, right? That is what Cyndi Lauper says.
(Watch this video!)
http://www.youtube.com/watch?v=Tqf9PuKi63E
Girls Just Want to Have Fun
Girls Just Want to Have Fun by Cyndi Lauper. Classic happy song.
So, Ms. Palin decides to run for VP, or is asked by McCain, whatever. The woman has it all.
She can fly an airplane and give birth. She can field dress a moose in 15 minutes. She has a world champion snowmobile racing (not to mention pretty cute!) husband and rumor has it she can play the flute.
Well, I jump out of airplanes, I have no intention of every shooting a moose other than with my camera and I don't even like to fillet a fish (although I have, I just choose not to), I ride my own snowmobile and shoot snowmobile racers (with my camera) and I play the trumpet and guitar.
I might be qualified.
Qualifications aside, what intrigues me most is her new wardrobe budget.
The republican party has paid -- so far -- $150,000 for new clothes and $13,000 on makeup for Sara since she accepted the nomination.
OK, that was just a couple of months ago, right?
If she gets that much money on clothes and make up, I want a run at it.
Apparently, the republican party claims they will donate the clothes to charity after the election. Well, sign me up for that charity! I would take her hand-me-down clothes, but used makeup is a little unsanitary. Just maybe.
What if they win? Does she get to keep the clothes if she wins? And if she spent that much in a couple of months, how much will she spend when she is in the second office at the White House?
I just have to wonder.
Peace.
p.s., I found this video on YouTube, too. Something to watch in your spare time.
I mean every girl just wants to have fun, right? That is what Cyndi Lauper says.
(Watch this video!)
http://www.youtube.com/watch?v=Tqf9PuKi63E
Girls Just Want to Have Fun
Girls Just Want to Have Fun by Cyndi Lauper. Classic happy song.
So, Ms. Palin decides to run for VP, or is asked by McCain, whatever. The woman has it all.
She can fly an airplane and give birth. She can field dress a moose in 15 minutes. She has a world champion snowmobile racing (not to mention pretty cute!) husband and rumor has it she can play the flute.
Well, I jump out of airplanes, I have no intention of every shooting a moose other than with my camera and I don't even like to fillet a fish (although I have, I just choose not to), I ride my own snowmobile and shoot snowmobile racers (with my camera) and I play the trumpet and guitar.
I might be qualified.
Qualifications aside, what intrigues me most is her new wardrobe budget.
The republican party has paid -- so far -- $150,000 for new clothes and $13,000 on makeup for Sara since she accepted the nomination.
OK, that was just a couple of months ago, right?
If she gets that much money on clothes and make up, I want a run at it.
Apparently, the republican party claims they will donate the clothes to charity after the election. Well, sign me up for that charity! I would take her hand-me-down clothes, but used makeup is a little unsanitary. Just maybe.
What if they win? Does she get to keep the clothes if she wins? And if she spent that much in a couple of months, how much will she spend when she is in the second office at the White House?
I just have to wonder.
Peace.
p.s., I found this video on YouTube, too. Something to watch in your spare time.
Thursday, October 16, 2008
Court decision is final
The higher court has ruled, the decision is final. The stay issued by the Appellate Court Chief Justice Alivina Aubele to postpone the removal hearing of Melanie Benjamin has been vacated. The Band Assembly, rather the RBC, (Reservation Business Committee who are actually the same people as the Band Assembly) cannot be held in contempt of court, and the removal of Melanie Benjamin stands.
So, what does that mean in English? The court of appeals decided the chief justice made a mistake in issuing the order to postpone the hearing. They withdrew the order. They canceled it as though it never existed.
But they didn't make the decision lightly. They took their time — nearly two full days — to come to a decision. In an 18-page ruling — a published document from the court — they explained how they came up with their decision. They cited similar hearings and rulings. They did some research. Their decision is final.
Once they made their decision, however, they basically slapped the hands of the Band Assembly. They said they were very disappointed the Band Assembly chose to ignore a court order. Even if they believed it to be invalid, it was still a court order and they should have taken a different route to dispute it, they said. The Band Assembly, or PBC, should not have just gone ahead and ignored it, the court said. "You cannot just take the law into your own hands," the ruling stated.
But after the court declared the order invalid, they could not go ahead and claim the Band Assembly was in contempt of the order, even if they wanted to, because the order was vacated. So they — Band Assembly — is off the hook on the contempt charge.
But the court decided they could issue a fine. They charged the Band Assembly $500 for ignoring the order. They slapped their hands and said they were naughty. It is unclear, even to the OSG (Office of the Solicitor General) whether the court is charging each member of the Band Assembly — there are 4 of them — individually $500, or it the $500 should be paid by the Band Assembly as a whole. The OSG is going to find out.
The $500 fine could be compared to taking a child's GameBoy away for a half hour as punishment for disobeying his parents. It doesn't hurt much and not for very long.
So once the order was declared invalid, the court agreed they had no jurisdiction under the separation of powers government to interfere with the removal process of an elected official. So the decision of the RBC — the Band Assembly — to remove Melanie Benjamin from office is final.
I have to say that Melanie has been a public class act in this entire process. She proclaimed her innocence and continued her daily activities. She held her head high as she waited the outcome. Her staff was instructed to continue on with their work, even up until they were all escorted out of the government center by Tribal Police.
When it came time to enter the room for the hearing and when she walked into the court room, she did so with dignity.
That shows courage.
Since the final ruling from the Court of Appeals, a source close to the office has said some of Melanie's previous staff members have been asked to come back to work. They didn't know what to do and asked for advice from their previous boss. She told them to go back to work. To do their jobs to the best of their ability. To be respectful.
That shows the wisdom of a leader.
Whether Melanie is innocent of the accusations made against her, or she is guilty of them has yet to be determined. There have been no formal charges filed in any court of law. Therefore, there has been no trial and there has been no conviction.
Whatever you believe on that aspect is your personal choice at this point. Everyone has a right to their own opinion. I don't know what goes on behind the scenes in Melanie's world. All I can attest to is how she has treated me, and how she has acted in public. She has always been fair and respectful to me. She returns my phone calls personally — not through her PR firm — whenever possible. She has always exuded an air of dignity when in public — at least where I have seen her.
I hope I can say the same thing about the new administration in the Chief Executive's office.
So, what does that mean in English? The court of appeals decided the chief justice made a mistake in issuing the order to postpone the hearing. They withdrew the order. They canceled it as though it never existed.
But they didn't make the decision lightly. They took their time — nearly two full days — to come to a decision. In an 18-page ruling — a published document from the court — they explained how they came up with their decision. They cited similar hearings and rulings. They did some research. Their decision is final.
Once they made their decision, however, they basically slapped the hands of the Band Assembly. They said they were very disappointed the Band Assembly chose to ignore a court order. Even if they believed it to be invalid, it was still a court order and they should have taken a different route to dispute it, they said. The Band Assembly, or PBC, should not have just gone ahead and ignored it, the court said. "You cannot just take the law into your own hands," the ruling stated.
But after the court declared the order invalid, they could not go ahead and claim the Band Assembly was in contempt of the order, even if they wanted to, because the order was vacated. So they — Band Assembly — is off the hook on the contempt charge.
But the court decided they could issue a fine. They charged the Band Assembly $500 for ignoring the order. They slapped their hands and said they were naughty. It is unclear, even to the OSG (Office of the Solicitor General) whether the court is charging each member of the Band Assembly — there are 4 of them — individually $500, or it the $500 should be paid by the Band Assembly as a whole. The OSG is going to find out.
The $500 fine could be compared to taking a child's GameBoy away for a half hour as punishment for disobeying his parents. It doesn't hurt much and not for very long.
So once the order was declared invalid, the court agreed they had no jurisdiction under the separation of powers government to interfere with the removal process of an elected official. So the decision of the RBC — the Band Assembly — to remove Melanie Benjamin from office is final.
I have to say that Melanie has been a public class act in this entire process. She proclaimed her innocence and continued her daily activities. She held her head high as she waited the outcome. Her staff was instructed to continue on with their work, even up until they were all escorted out of the government center by Tribal Police.
When it came time to enter the room for the hearing and when she walked into the court room, she did so with dignity.
That shows courage.
Since the final ruling from the Court of Appeals, a source close to the office has said some of Melanie's previous staff members have been asked to come back to work. They didn't know what to do and asked for advice from their previous boss. She told them to go back to work. To do their jobs to the best of their ability. To be respectful.
That shows the wisdom of a leader.
Whether Melanie is innocent of the accusations made against her, or she is guilty of them has yet to be determined. There have been no formal charges filed in any court of law. Therefore, there has been no trial and there has been no conviction.
Whatever you believe on that aspect is your personal choice at this point. Everyone has a right to their own opinion. I don't know what goes on behind the scenes in Melanie's world. All I can attest to is how she has treated me, and how she has acted in public. She has always been fair and respectful to me. She returns my phone calls personally — not through her PR firm — whenever possible. She has always exuded an air of dignity when in public — at least where I have seen her.
I hope I can say the same thing about the new administration in the Chief Executive's office.
Monday, October 13, 2008
Nothing new yet
Just a word to let you'll know there was a hearing in Mille Lacs Band court of Central Jurisdiction this morning before special magistrate judge B.J. Jones and the Mille Lacs Band Appellate Court.
Both sides argued. Both sides feel they did a good job and will come out winners. But the Judges have not made a ruling to the best of my knowledge as of 5:15 p.m.
I could go into the details. There were some pretty amazing quotes and sound bites. But to tell you the truth, I am tired and still have to go to a photo shoot tonight.
Actually, the Mille Lacs Band government center is closed today in honor of Columbus Day. Which is called Indian Day according to Band members.
So, anyway, there is nobody at the government center to issue a statement. We should know tomorrow whether or not the court ruled that the court ordered stay was proper and if the Band Assembly will be held in contempt for ignoring the order.
Where we go from here is any body's guess right now.
Stay tuned . . . .
Peace.
Both sides argued. Both sides feel they did a good job and will come out winners. But the Judges have not made a ruling to the best of my knowledge as of 5:15 p.m.
I could go into the details. There were some pretty amazing quotes and sound bites. But to tell you the truth, I am tired and still have to go to a photo shoot tonight.
Actually, the Mille Lacs Band government center is closed today in honor of Columbus Day. Which is called Indian Day according to Band members.
So, anyway, there is nobody at the government center to issue a statement. We should know tomorrow whether or not the court ruled that the court ordered stay was proper and if the Band Assembly will be held in contempt for ignoring the order.
Where we go from here is any body's guess right now.
Stay tuned . . . .
Peace.
Friday, October 10, 2008
Some tough times ahead
“Never forget that everything Hitler did in Germany was legal.” - Martin Luther King, Jr.
“Many of life's circumstances are created by three basic choices: the disciplines you choose to keep, the people you choose to be with; and, the laws you choose to obey.” - Charles Millhuff
Face it, this is not an easy time for the people of the Mille Lacs Band of Ojibwe. (See the Messenger website for details.)
My editor always says, "There are always two sides to every story and the truth is usually somewhere in between." I believe that to be true.
Some pretty serious accusations have been made of late. The rest of the great big world is worrying about certain issues of great importance. The word "economy" has become a dirty word. The stock market is crashing. The Petters investigation has become national news and the upcoming presidential election is complicated with mud-slinging by each candidate.
There is a bit of mud-slinging going on in our little corner of the world regarding one of the most important issues to hit this region, and the Mille Lacs Band of Ojibwe in at least 25 to 30 years. That is just my opinion. I haven't been here for that many years. But this is serious.
The removal of a tribal elected official, specifically the Chief Executive, is comparable to the impeachment of a United States President. The matter should be looked at and scrutinized very carefully. Challenges should be made and argued.
The removal of Melanie Benjamin as Chief Executive of the Mille Lacs Band is being challenged. I would expect nothing less.
It might be hard for some people to understand traditions and culture that differ from our own. But I am almost certain that within every culture there is embedded into the souls of the people an intricate balance of knowing right from wrong.
We teach our children from a very young age the difference between right and wrong. When they grow up, we hope they use that knowledge from our teachings and what they have learned at school and in life, to make the right choice when forced to decide what is right and what is wrong.
We hope they make decisions that come from the heart.
I applaud those who stand up for what they believe and don't back down when times are tough. These are tough times for the people of the Mille Lacs Band.
I don't know who is right and who is wrong in this particular instance. It is certainly a test of adherence to moral and ethical principles all the way around. But I applaud both sides for standing firm to their beliefs.
There is a hearing on Monday in Tribal Court. Challenges have been made. Arguments need to be heard. And decisions must now be made.
Peace.
"Give us clear vision, that we may know where to stand and what to stand for - because unless we stand for something, we shall fall for anything."
~ Peter Marshall, US Senate Chaplain 1947
“Many of life's circumstances are created by three basic choices: the disciplines you choose to keep, the people you choose to be with; and, the laws you choose to obey.” - Charles Millhuff
Face it, this is not an easy time for the people of the Mille Lacs Band of Ojibwe. (See the Messenger website for details.)
My editor always says, "There are always two sides to every story and the truth is usually somewhere in between." I believe that to be true.
Some pretty serious accusations have been made of late. The rest of the great big world is worrying about certain issues of great importance. The word "economy" has become a dirty word. The stock market is crashing. The Petters investigation has become national news and the upcoming presidential election is complicated with mud-slinging by each candidate.
There is a bit of mud-slinging going on in our little corner of the world regarding one of the most important issues to hit this region, and the Mille Lacs Band of Ojibwe in at least 25 to 30 years. That is just my opinion. I haven't been here for that many years. But this is serious.
The removal of a tribal elected official, specifically the Chief Executive, is comparable to the impeachment of a United States President. The matter should be looked at and scrutinized very carefully. Challenges should be made and argued.
The removal of Melanie Benjamin as Chief Executive of the Mille Lacs Band is being challenged. I would expect nothing less.
It might be hard for some people to understand traditions and culture that differ from our own. But I am almost certain that within every culture there is embedded into the souls of the people an intricate balance of knowing right from wrong.
We teach our children from a very young age the difference between right and wrong. When they grow up, we hope they use that knowledge from our teachings and what they have learned at school and in life, to make the right choice when forced to decide what is right and what is wrong.
We hope they make decisions that come from the heart.
I applaud those who stand up for what they believe and don't back down when times are tough. These are tough times for the people of the Mille Lacs Band.
I don't know who is right and who is wrong in this particular instance. It is certainly a test of adherence to moral and ethical principles all the way around. But I applaud both sides for standing firm to their beliefs.
There is a hearing on Monday in Tribal Court. Challenges have been made. Arguments need to be heard. And decisions must now be made.
Peace.
"Give us clear vision, that we may know where to stand and what to stand for - because unless we stand for something, we shall fall for anything."
~ Peter Marshall, US Senate Chaplain 1947
Statement by Melanie Benjamin
This just in:
A press release has been issued for immediate release on behalf of Melanie Benjamin of the Mille Lacs Band of Ojibwe. I have posted it here in its entirety. It was written by or on behalf of Melanie Benjamin. I did not write it. But I believe firmly in freedom of speech. Benjamin is entitled to this freedom of speech.
BENJAMIN WILL HAVE DAY IN MILLE LACS TRIBAL COURT
Onamia, MN – Despite the efforts of a Band attorney, Melanie Benjamin will in fact have her day in court at a public hearing set for 8:30 a.m. on Monday, October 13, 2008. A judicial panel is scheduled to hear arguments about why proceedings removing her from office as the Band’s Chief Executive on October 8 were illegal. Benjamin was just re-elected in June, 2008, with 60% of the vote.
In a meeting with Solicitor General Rjay Brunkow in his office on September 30, Benjamin and Brunkow discussed Legislative Branch plans to hold an October 8 hearing to remove Benjamin from office. When Benjamin asked about her right to due process, Brunkow stated, “You are not entitled to due process. This is the end of the road.”
“I was stunned,” said Benjamin. “As tribal leaders, much of our time is spent dispelling myths out there that constitutional protections and civil rights don’t apply in Indian country. And here was the lead attorney for the Band who is supposed to know something about the law telling me that I had no right to due process.” Benjamin has denied any wrong-doing.
Attorney Bill Gardner, who served as Counsel to the Chief Executive, was in the room with Benjamin. “What he said was so astonishing I couldn’t believe he was serious.” Gardner questioned Brunkow regarding procedural due process and protection of property interests, insisting Band laws required a minimum amount of fairness in any hearing. “He insisted that the Chief was not entitled to due process. He made clear that when the decision was made by her accusers, that was the end of the road for her.”
Gardner said when it became obvious Brunkow wouldn’t change his mind, they notified Brunkow they would proceed to court.
Court Order Ignored
The Band Assembly had circulated a petition calling for the removal of Benjamin citing several accusations. Benjamin has denied the accusations. A legislative hearing and vote of Band Assembly was scheduled for 10:00 a.m. on October 8, 2008.
Prior to the hearing, Chief Justice Alvina Aubele of the Court of Central Jurisdiction issued a stay delaying the proceedings until constitutional protections could be assured. In a move that startled the Minnesota Indian legal community, the Band Assembly chose to ignore the court order, buoyed by Brunkow’s extraordinary assurance that Band Assembly was above the law and the court had no authority over them. Brunkow has attempted to defend his claim in a recent interview with the Mille Lacs Messenger (October 8, 2008, Mille Lacs Messenger).
Many experts are concerned about the legal implications of this move and the message being sent to tribal members and the outside public. “This is now a crisis of constitutional proportion. The legal process should be allowed to play out. We don’t just take the law into our own hands,” said Jay Kanassatega, of Leonard Street and Deinard, who helped write the Statutes in the 1980’s.
Benjamin is saddened to see decades of work positioning the Band as a progressive tribal government undone. “There are people, elders, who spent years working on the separation-of-power system of government we have in place at Mille Lacs and they’re in shock. If the Chief of the tribe has no due process, what about the average Band Member? How are Band Members to go into tribal court and show respect for our court’s decisions when they know the Band’s own lawyer and elected officials don’t show the same respect?”
The public hearing will take place at 8:30 a.m. on Monday, October 13, 2008, in tribal court chambers on the Mille Lacs Reservation.
* * * End of Press Release. * * *
A press release has been issued for immediate release on behalf of Melanie Benjamin of the Mille Lacs Band of Ojibwe. I have posted it here in its entirety. It was written by or on behalf of Melanie Benjamin. I did not write it. But I believe firmly in freedom of speech. Benjamin is entitled to this freedom of speech.
BENJAMIN WILL HAVE DAY IN MILLE LACS TRIBAL COURT
Onamia, MN – Despite the efforts of a Band attorney, Melanie Benjamin will in fact have her day in court at a public hearing set for 8:30 a.m. on Monday, October 13, 2008. A judicial panel is scheduled to hear arguments about why proceedings removing her from office as the Band’s Chief Executive on October 8 were illegal. Benjamin was just re-elected in June, 2008, with 60% of the vote.
In a meeting with Solicitor General Rjay Brunkow in his office on September 30, Benjamin and Brunkow discussed Legislative Branch plans to hold an October 8 hearing to remove Benjamin from office. When Benjamin asked about her right to due process, Brunkow stated, “You are not entitled to due process. This is the end of the road.”
“I was stunned,” said Benjamin. “As tribal leaders, much of our time is spent dispelling myths out there that constitutional protections and civil rights don’t apply in Indian country. And here was the lead attorney for the Band who is supposed to know something about the law telling me that I had no right to due process.” Benjamin has denied any wrong-doing.
Attorney Bill Gardner, who served as Counsel to the Chief Executive, was in the room with Benjamin. “What he said was so astonishing I couldn’t believe he was serious.” Gardner questioned Brunkow regarding procedural due process and protection of property interests, insisting Band laws required a minimum amount of fairness in any hearing. “He insisted that the Chief was not entitled to due process. He made clear that when the decision was made by her accusers, that was the end of the road for her.”
Gardner said when it became obvious Brunkow wouldn’t change his mind, they notified Brunkow they would proceed to court.
Court Order Ignored
The Band Assembly had circulated a petition calling for the removal of Benjamin citing several accusations. Benjamin has denied the accusations. A legislative hearing and vote of Band Assembly was scheduled for 10:00 a.m. on October 8, 2008.
Prior to the hearing, Chief Justice Alvina Aubele of the Court of Central Jurisdiction issued a stay delaying the proceedings until constitutional protections could be assured. In a move that startled the Minnesota Indian legal community, the Band Assembly chose to ignore the court order, buoyed by Brunkow’s extraordinary assurance that Band Assembly was above the law and the court had no authority over them. Brunkow has attempted to defend his claim in a recent interview with the Mille Lacs Messenger (October 8, 2008, Mille Lacs Messenger).
Many experts are concerned about the legal implications of this move and the message being sent to tribal members and the outside public. “This is now a crisis of constitutional proportion. The legal process should be allowed to play out. We don’t just take the law into our own hands,” said Jay Kanassatega, of Leonard Street and Deinard, who helped write the Statutes in the 1980’s.
Benjamin is saddened to see decades of work positioning the Band as a progressive tribal government undone. “There are people, elders, who spent years working on the separation-of-power system of government we have in place at Mille Lacs and they’re in shock. If the Chief of the tribe has no due process, what about the average Band Member? How are Band Members to go into tribal court and show respect for our court’s decisions when they know the Band’s own lawyer and elected officials don’t show the same respect?”
The public hearing will take place at 8:30 a.m. on Monday, October 13, 2008, in tribal court chambers on the Mille Lacs Reservation.
* * * End of Press Release. * * *
Wednesday, October 8, 2008
The law of the Rez - a new chief in town
“Laws control the lesser man... Right conduct controls the greater one.” - Mark
Twain
“Nobody has a more sacred obligation to obey the law than those who make the law.” -- Sophocles
Wow. What a day.
If you have read the Messenger website, then you already know. Mille Lacs Band Chief Executive Melanie Benjamin has been removed from office effective as of 11 a.m. this morning.
I wont go into details — you can get that from the news story. I hope you read it all and keep going back daily for updates as they happen.
I cannot say one way or another if I think Melanie Benjamin is innocent or guilty of the accusations of the petition. Because I don't know that. Nobody does, really. Except for her.
I will say that no formal criminal charges have been filed therefore no convictions have been made. All I can tell you is there is a federal investigation "ongoing" regarding some pretty big amounts of money (Millions) being miss-appropriated by at least one department of the Mille Lacs Band. Solicitor General Rjay Brunkow confirmed there is an investigation by the Federal government, but when I call the federal people I get the standard FBI statement, "I can neither confirm nor deny such an investigation exists."
Please.
Anyway, more on that later.
So Melanie presented a court order at the removal hearing in the Band Assembly chambers this morning, issued by the Band's Chief Justice. The court order basically said the hearing for the removal of Benjamin from office was canceled for the day and would proceed at another date.
The Band assembly said they didn't have to oblige the court order. They said that they have power over the court in this matter.
OK. That deserves a big "What the???"
Did the Band Assembly really say they are above the law?
Apparently they did.
They said that the Minnesota Chippewa Tribal Constitution gave them the power.
After conversations with several Indian legal law professors and a bunch of other people all day, I have a sore ear for one. But I learned a few things.
The MCT Constitution was written a long, long time ago for the six tribes of Chippewa residing in Minnesota. About 25 or 30 years ago, the Mille Lacs Band members voted to create there own Band statutes. The MCT said they could, so they did.
Mille Lacs Band was (and is) still a member of the MCT in good standing. While they were guided by the MCT, rather still under the umbrella of the MCT, they created their own government and they became a sovereign nation.
They are the only one of the Minnesota Chippewa Tribes who have a separation of powers government. They created three branches of government — judicial, legislative and executive and called it a separation of powers. Each branch was created to have co-equal power. If there were problems between any two branches, the third could step in.
The rules, or laws, of the MCT still govern the Mille Lacs Band but they created their own set of laws and statutes that are in addition to the MCT Constitution to govern the entire Mille Lacs Band. These statutes are the law.
Under the Band statutes it says under no uncertain terms, if the Mille Lacs Band Court issued an order, it was an order. "The rule of law is supreme in an orderly society," Jay Kanassatega said. He is the guy who wrote the Mille Lacs Band statues in 1983 and was the first Solicitor General for the Mille Lacs Band under the new separation of powers.
He told me today that any government body that acts against a court order is a very serious circumstance.
The Band Assembly publicly ignored a court order today. Kanassatega is concerned about what kind of a message that will send to the Band members? How can they banish some Band members under the Band statutes, but ignore the Band statues when it suits them? Can they pick and choose which laws to obey and which laws to ignore? Is the joint
session above the law?
"The legal process should be allowed to play out," Kanassatega continued. "We don't take the law into our own hands."
But Brunkow said that because of a case law Nixon v United States (Not Pres. Nixon) the MCT Constitution delegates authority to the RBC - Reservation Business Commission, or the 5 elected officials) and because of that the judicial branch has no authority when it is a non-jurisdictional political question. Which in his eyes this is.
So what happens now? What is in store for the Band members with the newly appointed interim chief executive Herb Weyaus?
Only time will tell. He has officially only 141 days in his newly "appointed" position. That is unless he chooses to run in the special election for the position of Chief Executive. He will have 81 days to file if that is his plan. We don't know yet.
Stay tuned.
Peace.
“Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.” -- Plato
Twain
“Nobody has a more sacred obligation to obey the law than those who make the law.” -- Sophocles
Wow. What a day.
If you have read the Messenger website, then you already know. Mille Lacs Band Chief Executive Melanie Benjamin has been removed from office effective as of 11 a.m. this morning.
I wont go into details — you can get that from the news story. I hope you read it all and keep going back daily for updates as they happen.
I cannot say one way or another if I think Melanie Benjamin is innocent or guilty of the accusations of the petition. Because I don't know that. Nobody does, really. Except for her.
I will say that no formal criminal charges have been filed therefore no convictions have been made. All I can tell you is there is a federal investigation "ongoing" regarding some pretty big amounts of money (Millions) being miss-appropriated by at least one department of the Mille Lacs Band. Solicitor General Rjay Brunkow confirmed there is an investigation by the Federal government, but when I call the federal people I get the standard FBI statement, "I can neither confirm nor deny such an investigation exists."
Please.
Anyway, more on that later.
So Melanie presented a court order at the removal hearing in the Band Assembly chambers this morning, issued by the Band's Chief Justice. The court order basically said the hearing for the removal of Benjamin from office was canceled for the day and would proceed at another date.
The Band assembly said they didn't have to oblige the court order. They said that they have power over the court in this matter.
OK. That deserves a big "What the???"
Did the Band Assembly really say they are above the law?
Apparently they did.
They said that the Minnesota Chippewa Tribal Constitution gave them the power.
After conversations with several Indian legal law professors and a bunch of other people all day, I have a sore ear for one. But I learned a few things.
The MCT Constitution was written a long, long time ago for the six tribes of Chippewa residing in Minnesota. About 25 or 30 years ago, the Mille Lacs Band members voted to create there own Band statutes. The MCT said they could, so they did.
Mille Lacs Band was (and is) still a member of the MCT in good standing. While they were guided by the MCT, rather still under the umbrella of the MCT, they created their own government and they became a sovereign nation.
They are the only one of the Minnesota Chippewa Tribes who have a separation of powers government. They created three branches of government — judicial, legislative and executive and called it a separation of powers. Each branch was created to have co-equal power. If there were problems between any two branches, the third could step in.
The rules, or laws, of the MCT still govern the Mille Lacs Band but they created their own set of laws and statutes that are in addition to the MCT Constitution to govern the entire Mille Lacs Band. These statutes are the law.
Under the Band statutes it says under no uncertain terms, if the Mille Lacs Band Court issued an order, it was an order. "The rule of law is supreme in an orderly society," Jay Kanassatega said. He is the guy who wrote the Mille Lacs Band statues in 1983 and was the first Solicitor General for the Mille Lacs Band under the new separation of powers.
He told me today that any government body that acts against a court order is a very serious circumstance.
The Band Assembly publicly ignored a court order today. Kanassatega is concerned about what kind of a message that will send to the Band members? How can they banish some Band members under the Band statutes, but ignore the Band statues when it suits them? Can they pick and choose which laws to obey and which laws to ignore? Is the joint
session above the law?
"The legal process should be allowed to play out," Kanassatega continued. "We don't take the law into our own hands."
But Brunkow said that because of a case law Nixon v United States (Not Pres. Nixon) the MCT Constitution delegates authority to the RBC - Reservation Business Commission, or the 5 elected officials) and because of that the judicial branch has no authority when it is a non-jurisdictional political question. Which in his eyes this is.
So what happens now? What is in store for the Band members with the newly appointed interim chief executive Herb Weyaus?
Only time will tell. He has officially only 141 days in his newly "appointed" position. That is unless he chooses to run in the special election for the position of Chief Executive. He will have 81 days to file if that is his plan. We don't know yet.
Stay tuned.
Peace.
“Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.” -- Plato
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