Presumption of innocence. Something to ponder?

There are many issues historical and current in American government with which I simply do not agree. On the other hand, there are many that I do believe are fundamental to our survival. Our law makers turn issues into laws, which are made a part of our statutes. These laws are created, and then often times amended, bended, molded, modified, interpreted, reconstructed and often times distorted to no resemblance of the the original. It is all part of the system.

There are "good laws" and there are "stupid" laws — laws that make sense to the average person and laws that do not seem to make any sense to anyone and the principals of the judicial system are even more confusing.

But there is one issue that makes sense to me. One that is fundamental to all human rights. That is the presumption of innocence.

According to our United States legal system, those who are accused of a crime are innocent until proven guilty. The burden of proof lies on the prosecution, which must collect and present enough evidence to convince a judge and jury (who are ordered by law to consider only the facts, testimony and evidence) that the accused is guilty beyond a reasonable doubt. If there is any doubt, the accused must be acquitted.

The presumption of innocence has been quite popular in the 20th century. The United Nations incorporated the principal in 1948 into the Declaration of Human Rights. In 1953 the principal was added to the United Nations International Covenant on Civil and Political Rights.

On April 3, 2009 the Mille Lacs Band of Ojibwe Band Assembly group consisting of chief executive Marge Anderson, secretary treasurer Herb Weyaus, district 1 rep. Sandra Blake, district 2 rep. Marvin Bruneau and district 3 rep., Harry Davis each signed their names to a letter to all Band members stating the complete opposite of this very basic fundamental human right.

The letter states: "The former Chief Executive has still not proven her innocence in tribal court..."

In other words, the government of the Mille Lacs Band believes that people are guilty until they prove they are innocent.

When I asked the solicitor general Rjay Brunkow about that, I said it sounded backwards to me. He did not agree with the word backwards. So I changed it to opposite. The result was the same. He told me in no uncertain terms, he believed that is the law. That when the Band created their statutes, it was originally innocent until proven guilty. But that changed sometime in the 80s or 90s he said, to be more in lines with tradition.

His explanation sounded more backwards to me than the original thought, so I did some research.

My sources tell me that at one point it was tradition for the accused to be guilty until they proved they were innocent. The accused had to basically run a gauntlet and if they survived, they were found innocent.

That tradition was changed and deleted completely in the 90s because it was such an extraordinary violation of the Indian Civil Rights Act.

Current Mille Lacs Band Statutes annotated Title I, Civil Rights Code, Section 12, states in no uncertain terms:

"In any criminal legal proceeding each person shall be presumed innocent until proven guilty."

Read it for yourself at: http://www.millelacsojibwe.org/statutes.asp

So, here it is in everyday language: everyone should be considered innocent until it can be proved that you are guilty. If you are accused of a crime, you should always have the right to defend yourself. Nobody has the right to condemn you and punish you for something you have not done.

I just wonder which interpretation is opposite? The April 3 letter to the Band, or the Mille Lacs Band statutes?

Now that is something to ponder.

Peace.

Thank you for letters

Last week I wrote an editorial in the Messenger that mentioned conspiracy theories in government. I mentioned that they do and have existed for as long as time.

Probably the most well known turned out to be the believe it or not true story behind the Watergate Scandal in the '70s. What started out as a theory resulted in the resignation of President Nixon in 1974 and the arrest of several people in government.

Tips and inside information were given to several reporters. Media coverage in the New York Times, Time magazine and the Washington Post was extensive. Two reporters from the Washington Post relied heavily on anonymous sources during their investigative reporting. Bob Woodward and Carl Bernstein found information suggesting knowledge of the misdeeds by the Nixon administration to the American public led deep into the Justice Department, the FBI, the CIA and the White House. The most famous anonymous source was named Deep Throat.

The identity of Deep Throat was one of the biggest mysteries of American politics and journalism for over 30 years. Woodward and Bernstein gave their word they would not reveal his identity until he died or consented to going public.

In 2005 the truth was known. FBI Deputy Director William Mark Felt, Sr., was Deep Throat. He died in 2008 at the age of 95. In his book, A G-Man's Life written before he died (obviously) he wrote: "The bottom line is, we did get the whole truth out. Isn't that what the FBI is suppose to do?"

I do not deal with the FBI on a regular basis even though I do have a few FBI numbers in my Roll-a-dex. I am not asking people to become the Deep Throat of Mille Lacs County. But the bottom line here is also, we want to get the whole truth out.

There were several theories as to the identity of Deep Throat prior to Felt's confession. Some people considered Deep Throat was a compilation of several sources with individual threads of information woven together to become the mastermind of Deep Throat. But Woodward put that theory to rest when he confirmed Felt's identity.

I have received quite a few emails and letters from people writing of various issues they believe to be conspiracy theories. I thank you all for the tips. It may take a while to get to all of them. Several of the "ideas" are better letters written to your Congressmen or Senate or State Representatives. I thank you for your vote of confidence, but I don't think I can do anything about changing the name of the Rum River, or change history books about who should be called Native Americans, or get income taxes abolished. I tried to get Mother's Day and Father's Day switched around once. (Father's Day should be on fishing opener in May and Mother's Day should be in June when school is out. That just makes sense.) But the Governor didn't have much time for that idea.

My point is, thank you for the letters and ideas and theories. Keep them coming. Even if they are only threads of information. I thank you for trusting me. Trust is a two-way street. Confidential sources are confidential sources. Period. In Washington D.C. and in Mille Lacs County. Especially with me.

We want to get the whole truth out.

Peace.

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

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. * * *

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