Copyright © 1998 NLThomas
All Rights Reserved

Cherokee Press Association
Copyright © 1998 CPA
All Rights Reserved

NEWS RELEASE
May 19, 1998

Attached is a copy of a fax apparently bearing the date of April 3, 1997 at 2:16 p.m. which purports to be “Orders from the Chief” and give direction to “Jeannie and George” as well as to “Rex Earl.” Presumably these persons are Jennie Battles, Secretary-Treasurer of the Cherokee Nation, George Thomas, erstwhile Chief of Staff of the Cherokee Nation, and Rex Earl Starr, the General Counsel of the Cherokee Nation.

“This two-page memo can not be identified yet, but we plan to take depositions regarding it to get to the bottom of it,” said Chuck Shipley, attorney for Marvin Summerfield and Robin Mayes who have filed a million dollar federal wiretapping suit against numerous individuals associated with the Housing Authority of the Cherokee Nation in the Federal Court for the Northern District of Oklahoma.

“This memo references certain “tapes” which I gather are references to the illegally intercepted telephone conversations which are the subject of our lawsuit. You will notice on Page 2 the memo says a copy of ‘the tape’ is in the hands of the ‘Feds.’ This probably refers to the illegal tape that the Federal Bureau of Investigation had obtained last March,” said Shipley.

This document should be compared to the handwritten notes which have been identified by George Thomas in his deposition as having been an action outline which he prepared for the Byrd Administration in the spring of 1997. Those handwritten notes are part of this package.

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APPARENT APRIL 13, 1997 FAX THAT PURPORTS TO BE
“ORDERS FROM THE CHIEF”

PAGE 1.
Orders from the Chief

Jeannie and George - File ASAP

           Include in your civil suit the following:

           1. Civil Rights Action

           2. Include Malicious Prosecution Charges, based on Keen’s attempt to extort money from the tribe for his travel agency and offering kickbacks.

           3. An Abuse of Process Claim

           4. Work on “RICO” claim and add later. (Racketeering Organized Crime Act) You must have two specific instances to prove (may need the tapes)

Make sure Ragsdale and marshals are listed separately and include Diane Blalock, Susan Work and all Justices. Serve notice of depositions immediately, preferably the same time as you serve them with papers. Have attorney press (full court press) to depose. Make sure the Judge on the case knows that they are armed and dangerous. Request an order from the Judge to disarm the marshals and use of U.S. marshals to carry out the order. Also have attorney request a small room at Fed. Court for the use of depositions.

The Nation (       ) - File suit against Susan Work in State District Court

           Charge her with the following:

           1. Malpractice in the amount of $65,000 (actual losses incurred by the tribe on behalf of the Delaware Case) Based on the fact she violated attorney client privilege on not keeping the Nation informed on the progress of the case.

           2. Report her to Bar Association for violation of Attorney Client Privilege.

(       ) - File personal sanctions rule 11 against Blalock before Judge Sewell.

Obstruction of Justice Charges: Seymour will work with Duke Logan, O.B. Johnston to intervene on behalf of tribe to get in Federal Court. Probably Burrage? Logan has been highly recommended as a take charge person who can whip things into shape.

Logan/Johnston - file in Federal Court an appeal in their order of receivership of CNE, that the hostile takeover of CNE was conducted based on old obsolete statutes. And that under the new statutes (Adopted by Legislative branch) the CNE Board is fully viable, and that they had NO jurisdiction over, nor could they force receivership. CNI is an Oklahoma Corporation which they have no authority or jurisdiction over either..

Logan/Johnston - File separate suit against justices for reinstatement of Cantrell and Board.

Rex Earl - on Blalock vs. Byrd suit before justices.

PAGE 2.

           1. Once that is exhausted, be prepared to file immediately in Federal District Court.
(They have NO authority to hear it based on them signing the orders themselves and also Keen is NO Tribal Magistrate. He has no Authority.)

           2. File a Freedom of Information Act requesting a copy of the “the tape” from Feds.

Resolution to disband the Cherokee Nation Marshal Service and ordering them to turn over their arms, should be the first item for council to consider. Needs 8 votes to pass). If it passes, file motion in Federal Court to have Federal Judge order U.S. marshals to disarm C.N. marshals completely.

File complaint on Jim Wilcoxen with the Ok Bar Association for purporting to represent all three branches of CN Government when in fact he has been fired. If Wilcoxen does anything that results in the release of funds from CNE we will sue him in Fed. Dist. Court.

Provide list of firearms to ATF and request to disarm marshals that are not recognized by CN Secretary of the Interior or any law enforcement agency in the state of OK.

TRANSCRIPT OF THE HANDWRITTEN NOTES
IDENTIFIED BY GEORGE THOMAS

PAGE 1.

Goal: To solve the immediate problem & emerge with the Chief stronger, his administration stronger, the government stronger & those who oppose us weaker.

Where we are:
(Tribunal cannot be expected to act nationally)
*The tribunal is not going to give us a fair hearing.
*The tribunal has overstepped its bounds & infringed on the authority of both the exec. branch & the legislative branch.
*The gag order prevents us from getting our side of the story out effectively.
*The Marshal’s service is a pawn of the courts (& visa versa)
*The prosecutor is against us & is allied w/the judges & the Marshals - & others unnamed.
*There are others who are against us who are backing their play.
*All the openly opposing players are in a corner - they must win or go down. Must consider that they will do anything to defeat us.
*We recognize their (tribunal) authority & fear the consequences of defying that authority - we also accept that authority.
*We have few dedicated individuals who are engaged in the fight. - Exec. branch. We need add resources.
*Legislative branch is beginning to engage - at least some are - motivated by what some of its own members are doing.
*The council is not as of yet personally incensed by the actions of the Tribunal to infringe on their authority.
*Those now engaged on exec. & Legislative side want to pursue a reasonable, rational path to resolution. (Seen as best way to achieve)

PAGE 2.
(Options)

Strategy:

*Pursue legal remedy
1. Motions have been filed.
2. Motions that may be filed. -Contempt of court
-Recusal of Birdwell, Keen.
3. Legislative branch joins w/exec. branch and/or pursues own course of action.
4. Take actions to get a hearing before federal court. -defy court
-join w/legislature & declare emergency/constitutional crisis & petition for federal court hearing.
5. Seek bar action against judges.

*Promote alliance w/legislative branch
1. Support - promote council’s intervention
-motion for emergency hearing.
2. Ouster of judges
3. Rescind Legislative act that extended Keen’s term.
4. Take action on the Tribunal’s & Marshal’s budgets.
5. Take action to change current committee leadership

*Promote community actions to force resolution.
1. Letter writing campaign.
-to court
-to newspapers
2. Community mtgs.
-invite judges

PAGE 3.

3. Grassroots call for judges to resign
4. Organize - Cherokees for Fair Government.
5. Rallys

(Support those in the front line - define the larger issues and develop a strategy to address Constitutional governmental issues story)

*Executive branch actions other than through those being pursued in the courts.
1. Work council members - promote/encourage their actions.
2. Encourage community actions
3. Engage the power of the “Chief” - effective use of the Chief’s time.
4. Involve other gov. entities.
-Local law enforcement agencies, officials, etc.
-Feds.
-Tribal
5. Ensure day to day business of tribe continues.
6. Build alliances
7. Define the problems faced by the Nation due to the courts actions.

*Media
(What has happened to put us in this “crisis.”
1. Take every opportunity to promote positive image of administration.
2. Get the story out in inventive/innovative ways - make the public aware of the issues, etc.
3. Push the Limits - of gag order.
4. Enlist others & support their efforts to get the story out.
5. Write.

PAGE 4.

Be prepared to:
1. Defy the courts (Build the case for doing so.)
At what point - triggering events - will we/Chief be willing to go in defiance of court?
For what purpose does this become a reasonable option? -Protect the Chief - from arrest (No other reasonable recourse)
-Protect the Administration.
To what Limits are we willing to go?
What precautions - what do we put into action if forced to confrontation?

2. Admit that the CN government is broken & must depend on outside intervention if it is to be saved. Prompts our actions to go to fed court - mediation, etc.

3. Go after our enemies - expose them & make them think twice about coming after us w/o cause (just)

PAGE 5.

Short term - next 5 - 10 day - goals, actions, etc.

PAGE 6.

*Justice Keen -
Orders - notice - reinstatement - comply - each different violation. useless act no use proceeding - principle of law. -

No compromise anywhere. -

Tell Chief - formally, not informally.

Repliv - BIA - Sharon Blackwell.
property under compact - won’t get involved - have to go to tribal court.

order for all spending motions for Thurs. -
Birdwell/call
Get some court to hear us.

PAGE 7.

Jennie Battles - Chief Financial Officer
Ervin Rock - Dir. Human Resources
Bob Powell - Inspector General
Bud Squirrell - Exec. Dir. Human Resources Division
Rick Kelly - Interim Executive Dir. - Health Division
Rex Earl Starr - General Counsel
Lisa Finley - Press Secretary

Monty Strout - Counsel for Bob Powell

Joe Byrd - Principal Chief - Cherokee Nation