Letter To Editor By Pat Ragsdale

Letter To Editor By Pat Ragsdale:
Crisis Is A Study In Corruption

Cherokee Press Association
Saturday, 3 January 1998

Jan. 3, 1998
Letter To The Editor
By Pat Ragsdale
Cherokee Nation Marshal Service Director
A recent news report revealed an advance plan to defy the Cherokee courts, avoid the arrest of Chief Joe Byrd and undermine the Cherokee government. This was followed by a story that former U.S. Attorney John Raley may testify about the questionable involvement of a Bureau of Indian Affairs official in the Cherokee crisis.
The crisis is a study in the corruption of the democratic institutions of the Cherokee Nation's government and the role of the BIA in aid of a lawless Indian chief. Add one more scandal to the Clinton administration, which was swayed by the application of money and attorneys with political connections.
Question: How have a relative few Cherokee officials been allowed to betray the Cherokee Nation and misuse federal and Cherokee funds?
Answer: A few tribal officials abused their power, a practice condoned by federal officials who joined and directly assisted the betrayal.
Top officials have failed their duty to execute their fiduciary responsibilities honestly, with due care, diligence and respect for the rights of self-governance retained by Indian tribes. These same officials failed to cause the laws of the Cherokee and federal government to be obeyed.
The power of Congress to regulate Indian affairs stems from the Commerce Clause of the U.S. Constitution. Historically, the federal government has exercised this power and in doing so, assumed certain obligations. These obligations are based on treaties, agreements, laws and court decisions.
Congress designated the Department of Interior and its Bureau of Indian Affairs as the primary agency with fundamental duties to:

1. Maintain an honorable government-to-government relationship with Indian nations.
2. Carry out trust responsibilities.
3. Be accountable for federal funds.

How have BIA officials failed?
First, federal officials have treated Byrd as if he were the Cherokee "sovereign." But he is not a monarch. The Cherokee people are sovereign and have delegated limited authorities to their leaders through a constitutional form of government. It's been this way since 1839.
Second, federal officials have allowed the chief to administer and use trust assets in violation of federal law and tribal law.
Third, the accountability for and use of federal funds by Byrd and his treasurer, Jennie Battles, are so suspicious many of their transactions are subject to extensive criminal investigation by the U.S. Department of Justice.
The crisis continues because of an unsavory alliance among Byrd, his attorneys and federal officials, with the goal of avoiding accountability under tribal and possibly federal law.
Pat Ragsdale
Muskogee, OK

[*CPA Note: Pat Ragsdale has honorably served as the Director of the Cherokee Nation Marshal Service over the past seven years until Byrd fired him after the execution of a search warrant on Feb. 25, 1997 into Byrd's administration for misappropriation of funds. After the Babbitt Agreement, Byrd reinstated Ragsdale, and immediately place him on administrative leave pending a legal hearing.]

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