Copyright © 1998 NLThomas
All Rights Reserved

Cherokee Press Association
Tuesday, January, 27 1998
Copyright © 1998 CPA
All Rights Reserved

CHEROKEE NATION
P.O. Box 1097, Tahlequah, OK 74465-1097
Ph. (918) 458-9447 Fax (918) 458-9572

CHEROKEE NATION JUDICIAL SYSTEM
PRESS RELEASE
January 27, 1998
STATEMENT OF RALPH F.KEEN,
CHIEF JUSTICE OF THE CHEROKEE NATION

--OPEN--
FOR IMMEDIATE RELEASE:

TAHLEQUAH, OK - The greatness of the United State of America arises from the basic respect for law and order shared by all responsible citizens, and belief in the concept that no person, even the President, is above the law. This fundamental concept is so ingrained in our heritage that as a matter of policy, the United States does not negotiate with those who practice terrorism. Likewise, the federal government severely curtails its relationship with foreign leaders who sponsor terrorist acts.

I believe in the U.S. Constitution and the statutes adopted pursuant to the that document which assure all citizens equal protection under the law. Likewise, I am of the opinion that in our system of government, no person is above the law, especially those in positions of power. I also believe in the concept that those who blatantly disregard the law are nothing more than terrorists, and it is beneath the dignity of our government to "negotiate" with such individuals.

In the Cherokee Nation, we also have a Constitution and legislative enactments which assure all of our citizens equal protection under the law, as well as setting forth the responsibilities of our leaders. As is the rule in the federal system, all Cherokee citizens are obligated to obey the law, as are those in positions of power in our government.

Many times over the past year, I have been requested to meet with Chief Joe Byrd and "negotiate" a resolution of his alleged violations of Cherokee law. Most often than not, I have met with the Chief, but have not negotiated. If I were to enter into such negotiations, that would be a violation of my oath of office. Furthermore, Joe Byrd, as Principal Chief, would then be placed in the position of being above the law, which is a privilege no individual Cherokee citizens enjoys. As a matter of fact, under our federal system, the President of the United States must comply with and obey the law, just like any other citizen. Those in positions of power and trust have a sacred responsibility to obey the law, and not attempt to avoid their alleged misconduct by requesting an opportunity to "negotiate" or conceal the truth.

Joe Byrd, irrespective of his title of Principal Chief, is not above the law. To the extent Mr. Byrd has allegedly violated the Cherokee Constitution and statutes, he, like anyone else, must face the consequences of such conduct if the charges are in fact true. As Chief Justice of the Cherokee Nation, I am not in a position, legally or morally, to create a privilege for Mr. Byrd which is not available to all Cherokee citizens. Therefore, there will not be any "negotiations" by me or by any other member of the Judicial Appeals Tribunal (Supreme Court) which would allow Joe Byrd to avoid responsibility for his alleged misconduct.

Joe Byrd, under our system, is presumed to be innocent of all the charges and allegations made against him. In order to prove he has violated the law, the prosecution carries a tremendous burden which, if not met, will result in his name being cleared. That determination, however, is a function of the courtroom, and not the "negotiating room." To proceed in any other way would eliminate the rule of law and place our government on a level of other terrorist or dictatorial systems of government.

At this point, the Cherokee Nation does not have a legitimate prosecutor, and Joe Byrd continues to control a so-called "District Court" staffed by Tina Jordan and DeWayne Littlejohn. Consequently, it is not possible to legitimately resolve the allegations which have surrounded Mr. Byrd.

In order that the charges against Chief Joe Byrd, and others within his administration, can be fully investigated, and prosecuted if necessary, I am renewing my call for the Tribal Council to appoint a "Special Prosecutor" for the sole purpose of looking into the allegations of violations of tribal law that have occurred during the past two years. Until such legislation is passed and the District Court is returned to the Courthouse, free of Joe Byrd's control, the controversy that has engulfed the Cherokee Nation for the past year will continue. If this situation is not resolved, all citizens of the United States, Cherokee and non Cherokee, will continue to suffer.