Copyright © 1998 NLThomas
All Rights Reserved

**UNDER THE LAW,
Byrd's Order Is A Crime!

[CRIMINAL CODE, TITLE 18. CRIMES AND CRIMINAL PROCEDURE, PART I. CRIMES CHAPTER 73, SECTION 1503. Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States, or officer who may be serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate, in the discharge of his duty... or corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be punished as provided in subsection (b). The punishment for an offense under this section is-- imprisonment for not more than 10 years, a fine under this title, or both.]

The legitimate Cherokee Nation Marshals were trained, qualified and sworn in as cross-deputized federal marshals. Our legitimate Cherokee Nation Marshals served a court order as required by Cherokee law on Feb. 25, 1997. They were carrying out their duties under the law, and per their sworn oaths of duty.

Joe said:
Pat Ragsdale, director of the Marshal Service, and others are involved in a conspiracy against my government.

The truth:
As early as summer 1996, well before the present controversy, Joe Byrd repeatedly put pressure on Pat Ragsdale to squelch several investigations. When complaints were lodged requesting an investigation of Joel Thompson, Dir. of Cherokee Nation Housing Authority and close Byrd associate, Ragsdale dismissed the first complaints as frivolous. Then evidence was provided that strongly indicated wrong doing by Thompson.

The allegations against Thompson?

1) Criminal libel, his alleged distribution of “CHEROKEE NATION ALERT”
2) Misuse of Housing Authority Personnel
3) Possible violations of Tribal, State and Federal telecommunications laws related to illegal surveilance;
4) Questions about Thompson’s safety (he purportedly said that hit men were after him).
5) Reports that Thompson was carrying a hand gun into the work place.
6) Misappropriation of funds; a hidden bank account that financed Byrd’s summit at the Western Hills lodge; rented private car (over $5,000) while his offical car was parked at the Tulsa airport; use of Housing Authority money to prepare and mail Byrd & Hoskin’s campaign materials.

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**BYRD ORDERED RAGSDALE TO STOP THE INVESTIGATION!

CN Marshals can’t ignore the investigation of alleged crimes against the Cherokee Nation without violating their oaths of office and the applicable statues of the Cherokee Nation. If Byrd’s order is contrary to the law, it is not a legal order.Tribal Ethics Act makes it an affirmative responsibility on employees and elected officials to “expose corruption wherever discovered,” (28 CNCA 4 K) and there are other more specific provisions in tribal and federal law codes re: same. INTERFERENCE in a law enforcement officer’s investigation is a crime, no matter “who” it is that is interferring! It Is Obstruction Of Justice! Even if its the U.S.President or Joe Byrd!

* Pressure was placed on Ragsdale to withdraw by both Byrd and Eagle on a drive by shooting because neither Byrd nor Eagle wanted certain people to have to testify.
* The alleged rape by a non-Indian law enforcement official of a woman In an ‘Indian Housing Addition --Byrd told Ragsdale to back off.
* Ragsdale was criticized for being too “pro-active” on drug busts in Adair County. The Marshal Service coordinated the raids in question with the District Attorney’s office, the Oklahoma Bureau of Narcotics and Dangerous Drugs and the US Drug Enforcement Administration (DEA) and were commended by those agencies for their efforts.

Now you decide? Well, who do you think is involved in a conspiracy?

* Firing Pat Ragsdale and the Marshals for serving a court order (which, by law, is their duty);
* trying to impeach the Tribunal Justices when they allowed the investigation of Byrd’s administration to continue; wtrying to remove the prosecutor when she continued to investigate;
* Joe publicly criticized the tribal prosecutor for moving too slow on the case when he paid her for only 20 hours a week and refused her request for additional assistance.

Why all the frantic efforts to stop investigations?

Is everyone who disagrees with Byrd and demands that he obey the laws a conspirator?

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**BYRD TRYS TO CONFUSE THE ISSUE
"He Trys To Blame This Crisis On Political Opponents!"

Joe Byrd said:
The last campaign was bitter tempers ran high. “People haven’t gotten over it yet.”

Truth:
If anyone would have a reason to be angry with the Judicial branch of government it would be Bearpaw and his supporters. The temper that he refers too is his own and his supporters. He was defaulted into the office of Chief with only 29% of the general election voters after our tribunal disqualified his opponent George Bearpaw in the runoff. However, even Bearpaw and his supporters fully support the Judicial branch of government and are appalled by the Byrd leadership. As far as the rest of the political camps... they all supported Joe in his run off campaign and had high hopes for him. Yet they also are shocked at the Byrd administration failure and are also demanding that Byrd, Eagle and the gang of 8 councilors resign. These are not a few disgruntled opponents from the last race... they are thousands of Cherokees who demand that Byrd, Eagle and these 8 councillors either respect and obey the laws of the Cherokee Nation, or resign their offices as representatives of the people.

Byrd said:
He is the first chief who has not been selected by a predecessor the ‘first” elected locally The others won by absentee ballots. Byrd said the first elected chief W W Keeler, hand-picked Ross Swimmer to be his successor, and Swimmer chose Wilma Mankiller to succeed him.

Truth:
Cherokee voters cast ballots in each of the aforementioned elections for the candidate of their choice. If those voters were influenced by the recommendation of an outgoing Chief, it shows, if anything, their satisfaction with the outgoing Chief who endorsed that candidate. Joe is complaining again instead of leading. The basic twist Joe Byrd puts on the truth is his statement that he is the first elected chief— elected by the people. In fact, he is the first Chief in many years who was not elected. His opponent was eliminated at the last moment leaving Joe to win by default with 29% of the vote even though the Constitution requires a majority in order to take office.

Truth:
Joe Byrd is the first chief who was neither elected nor appointed, but simply handed his chiefdom by default.

He does not now, nor has he ever had a mandate to govern from the Cherokee people. (Close to 30% of Joe’s votes came from out of state, the majority of the remaining votes for Joe came from Stilwell and Tahlequah.. no matter how you add up his’ votes they represent only 12% of the total registered voters in the Cherokee Nation)

The second conflict in Joe’s statement is that he hasconstantly made comments to the press and to community people about his inability to govern because Wilma Mankiller did not help him in the transition, or on many occasions stated that she was “against” him. Joe you can’t have it both ways. Do you want to be an independent man of the people, or do you want Auntie Wilma to take you by the hand and show you how to run a tribe?

Joe whines, makes excuses and bemoans the fact that he has political opponents. Well, Joe, just because you got to be Chief without an opponent, please don’t get carried away with the idea that you should never have a political opponent. That is called democracy Joe. You know; that form of government that we don’t have in the Cherokee Nation any more?

The Cherokee people request the following:

#1. Byrd must restore the integrity of our Judicial Branch of government by;

a) Immediately releasing all District Court files and equipment being held hostage in Byrd’s adminstrative offices illegaly.
b) Release the Judicial Branch budget to the authortity for same, the JAT.

#2. Byrd must appear in court for arraignment on charges.
#3. Byrd must reinstate all legitimate Cherokee Nation Marshals and restore Pat Ragsdale to the Director’s postion.
#5. Byrd must arrange to have the BIA law enforcement leave immediately, in order to restore our self-governance!
#4. Byrd must immediately hand over all public documents previously withheld from the Council. The Cherokee Nation finances must be justified before any further expenditures are approved.
#5. Cease all arguments in any court that the state and district attorney have juridiction over our Indian Country!
#6. Freeze all expenditures until a full accounting of the executive branch administrative budget has been justified!
#7. Apologize to the honorable tribal supreme court judges!

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**BYRD SAYS THE CRISIS IS REALLY
Only 40 Or 50 People Screaming Out Loud!

Joe Byrd said:
He believes the chaos under which the tribe is presently operating is due to “40” or “50” people who are screaming out loud”, ‘unsuccesful candidates for chief deputy chief and tribal council.”

Truth:
There are diverse groups of Cherokees from every political group and geographic area within the nation, including former Byrd supporters, who have united to save our nation from Byrd, Eagle and his gang of 8. They have torn our people apart; sold the nation out to the feds.; high- priced Washington, D.C. lawyers, and tried to destroy the judicial branch of our government just so that Byrd and his cohorts do not have to face charges in an ongoing criminal investigation into misappropriation of tribal and federal funds.

Cherokees from all 14 counties in the nation here in Oklahoma as well as Cherokees from northern and southern California, New Mexico, Texas, Kansas, Utah, Florida and other areas can see through Joe Byrd’s transparent attempt to evade the law and avoid facing up to his deeds in a court before his peers. (NOTE: See the Survey/Poll taken re: Majority Of Cherokee's Opinion on The Cherokee News Path!)

Joe Byrd said:
He wants the constitution changed so that the issue of separation of powers is more clearly defined.

Truth:
The constitution is very clear on separation of powers. Perhaps Joe Byrd just does not want the other branches to have “equal” power. Equal powers among the branches insures that citizens are protected from dictatorships and corrupt leaders. Perhaps Joe Byrd needs a course in government, or perhaps one of the 27 lawyers that he has hired could “tutor” him with-out bias.

Joe Byrd said:
“The constitutional convention issue was something I campaigned on in 1995.” “It was a plank in my platform”

Truth:
Why would Joe “campaign” for a constitutional convention when the constitution required Joe to hold a convention in 1995? Unfortunately, Joe did not full-fill his sworn duty to uphold the Constitution. He let the legally mandated time pass by. Joe is two years late. Does that show a commitment to his platform and the constitution?

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**BYRD SAYS THE TRIBE'S SUPREME COURT
Overstepped It's Bounds

Joe Byrd said:
That the supreme court has overstepped its bounds in dealing with criminal allegations against him and with actions it has taken subsequent to the issuing of a search warrant. He said that “The allegations against him are merely about accounting procedures.”

Truth:
Again, Joe continues to interpret the law and the constitution instead of the court. Who is overstepping their bounds? Isn’t that the courts job to decide?

Well, why not makea rule not to ever investigate anyone? Just take everyone’s word for it that any illegal looking transactions are just “accounting adjustments”? If Joe can’t be investigated then neither can any one else.

Do you fire or impeach any law enforcement officers or judges that dare to investigate any wrong doing that is reported? Joe continually oversteps his bounds. He may or may not realize that when you call up justices who are sitting on cases and try to coerce them in their decisions, it is a criminal offense. When you order the highest law enforcement officer in the nation to drop investigations of friends, where are the separation of powers.

Byrd claims that this is just about accounting procedures... yes, it is about his administrations mis-appropriation of funds through the tribes accounting procedures... and he knows that it runs deeper than that. If he doesn’t know that it runs deeper than that, then he needs to resign on the grounds of complete incompetence.

Joe Byrd said:
Tribal marshals came to his office when he was out of town and served the search warrant rather than serving him directly.

Truth:
Joe Byrd’s name was not on the search warrant, and for someone who was out of town, he transported him-self faster then the speed of light to get back to town, since the search warrant was served around 9:00 AM, and he was on the premises by 10:00 AM. Again we find the master of divisive tales cannot seem to get his story straight from press conference to press conference. The same documents that were listed in the search warrant were asked for many times over several months by council members who not only have the right, but the duty to review them.

Byrd’s administration had failed to account for total expenditures in the 1996 budget. These councilors had a problem approving the 1997 budget without complete justification of the 1996 budget. These documents were part of an ongoing criminal investigation into Byrd’s administration that led to the February 25th search warrant.

They involved illegal payments of tribal and federal funds to a Byrd employee dispatched to Washington to work for tile Democratic National Committee; documents that showed alleged illegal payments to his brother-in-law’s legal firm in Tulsa -- documents that dealt with a plastics manufacturing deal with people from India.

In fact, Joe mislead the Tribal Council. He indicated there would be no expense to the tribe for traveling to India and negotiating a deal. If theallegations are “merely” accounting procedure problems, an investigation will clear him.

Why the need to defend himself with 27 lawyers if there is no substance to the investigation?

(NOTE: The Cherokee Marshal service did not carry automatic weapons, nor did they “storm troop” into the complex when they served the search warrant for the (5) boxes of documents from Byrd’s administration offices. Ask those that were there. The marshals where courteous, polite and professional. Joe Byrd said it was like “Wounded Knee” -- again, he disregards the facts to suit his needs by preying on our community peoples fears to prop up his justification to overthrow the court and marshals in an attempt to stop the ongoing criminal investigation of his administration.)

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**BYRD SAYS THAT THE TRIBUANL URSURPED HIS POWER!

Joe says:
The Tribunal usurped my power. I’m the one who can hire and fire according to the Constitution. When I fired Pat Ragsdale, he should have used the personnel policies. The trbial policies allow for an employee who is fired to file an appeal. The appeal then goes to the tribunal to decide. They didn’t do that. The justice reinstated Pat Ragsdale within an hour without an appeal.

Truth:
No where in the Constitution does it say that the Principal Chief has the right to hire and fire as (he wishes.) Those actions are, in fact, limited by the Constitution. The action the Cherokee Court took in reinstating Pat Ragsdale, Sharon Wright and the marshals was neither unusual or illegal. Many state and federal courts have taken the same action. If the Marshals had been fired in the usual way for actions covered by the Personnel Policy like tardiness, poor job performance, absences, the Chief (or their supervisor) could document the poor performance and fire them.

Anyone, however, who is fired in violation of a constitutional or statutory right; or duty or public policy; can go directly through the court and skip the personnel policy process. In the majority of thousands of federal civil rights cases where an employee is terminated for violation of free speech or public policy, the employee routinely goes directly to court and skips personnel policy appeals.

Do Joe’s lawyers know this? Sure they do. However, some lawyers will argue any point their client pays them to argue.

Now you decide:
Are all of those thousands of cases where United States Courts have ignored the Personnel Policy process when there was a violation of public policy, law or civil rights wrong? Are all U.S. Courts wrong?

Did Joe tell you the truth?

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**WHY WAS BYRD'S SECRETARY/TREASURER, JEANIE BATTLES
Charged With Contempt Of Court & Arrested?

Jeanie Battles Told The Court She Refused To Obey Court Orders!

Cherokee Nation v. Jennie Battles, Case # CR-97-05, charged with three counts of Diversion of Nation Funds in violation of 21 CNCA 1463, to wit: Count 1,made payment on October 10, 1996 to the law firm of Pezold, Richey, Caruso and Barker the sum of $28,110.15 from federal funds entrusted to the Nation’s care for programs appropriated by the US Congress for the benefit of Indians.

Said funds were not authorized by the Tribal Council pursuant to the Constitution of the Cherokee Nation, Article X Section 8. Nor, were said funds authorized to pay attorney fees by the Congress of the United States, Count 2, made payment on January 13, 1997 to the law firm of Pezold, Richey, Caruso and Barker the sum of $18,627.65 from federal funds entrusted to the Nation’s care for programs appropriated by the US Congress for the benefit of Indians.

Said funds were not authorized by the Tribal Council pursuant to the Constitution of the Cherokee Nation, Article X Section 8. Nor, were said funds authorized to pay attorney fees by the Congress of the United States, Count 3, made payment on January 14, 1997 to the law firm of Pezold, Richey, Caruso and Barker the sum of $41,230.94 from federal funds entrusted to the Nation’s care for programs appropriated by the US Congress for the benefit of Indians.

Said funds were not authorized by the Tribal Council pursuant to the Constitution of theCherokee Nation, Article X Section 8. Nor, were said funds authorized to pay attorney fees by the Congress of the United States.

You Decide: Should these people be allowed to break the laws with immunity? Is this “political”, or is this just a matter of "a few people getting by with breaking the law" and calling it “politics”.

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**BYRD IS ENDANGERING INDIAN TRIBAL SOVEREIGNTY
Of All Tribes In The Country

WHEN OUR LEADERS ACT ABOVE THE LAW; DEFY THE CONSTITUTION AND ILLEGALLY VOTE TO GIVE THE TRIBE BACK TO THE FEDS. AND THE BIA, THE CHEROKEE NATION COULD LOOSE $$MILLIONS$$ & HUNDREDS OF JOBS!

The Principal Chief, Deputy Principal Chief and the Council of the Cherokee Nation are subject to the jurisdiction and are obligated to follow the orders of the Judicial Appeals Tribunal.

The Cherokee Nation Constitution provides for these separate but equal branches of government similar to the government of the United States of America, pursuant to Article IV; to wit:

The powers of the government of the Cherokee Nation shall be divided into three (3) separate departments, Legislative, Executive and Judicial: and except as provided in this Constitution, the Legislative, Executive and Judicial departments of government shall be separate and distinct and neither shall exercise the powers properly belonging to either of the other.

The Constitution Of the Cherokee Nation of Oklahoma, 1975, provided:

* Executive, Article VI, Section 1. “The executive power shall be vested in a Principal Chief..”
* Legislative, Article V, Section 7. “The Council shall have the power to establish laws which it shall deem and proper for the good of the Nation, which shall not be contrary to the provisions of this Constitution.”
* Judicial, Article VII. ‘The purpose of this Tribunal shall be to hear and resolve any disagreements arising under any provisions of this Constitution or any enactment of the Council. The decision of the Judicial Appeals Trubunal is final word in this process in so far as the Cherokee Nation is concerned:

In the tradition of American government, the legislative branch passes the law, the executive branch enforces the law and the judicial branch says what the law is. The Cherokee Nation in its Constitutions of 1839 of 1975 adopted this tradition.

In 1803, the United States Supreme Court in the case of Marbuiy v Madison, 2 L.Ed. 60 (1803) held, “[i]t is emphatically the province and duty of the judicial department to say what the law is.

“As recently as 1978, the U.S. Supreme Court in Powell v McCormack 395 U.S. 486, held that it was the duty of the U.S. Supreme Court to determine if the executive or legislative branch exceed their authority because the Court was the “ultimate interpreter of the Constitution.”

In 1974, the U.S. Supreme Court further held inU.S. V Nixon, 418 U.S. 683, that the executive branch, including the President of the United States himself; was subject to the orders of the court In the context of the Cherokee Nation, the Judicial Appeals Tribunal is the branch of government that “says what the law is.”

Where there is a disagreement under the laws or the Constitution of the Cherokee Nation, or where there is a dispute between the branches of the government, theJudicial Appeals Tribunal has the final word.

It is the obligation of the executive and the legislature to follow the law as interpreted and instructed by the judicial branch. The Tribunal issues its instruction through its orders and decisions.

Without question, the Principal Chief, Deputy Principal Chief and Council of the Cherokee Nation are subject to the jurisdiction of and are obligated to follow the orders and decision of the Judicial Appeals Tribunal. The Principal Chief, Deputy Principal Chief and Council of the Cherokee Nation must submit to the jurisdiction and obey the orders and decision of the Judicial Appeals Tribunal. Byrd agreed with this when a Tribunal order disqualified his opponent in 1995 runoff race handed him the office by default.

Byrds refusal to respect and obey tribal court orders has endangered the future of the Cherokee Nation and all other Indian tribes throughout the country. Federal Agencies will not trust a tribal government whose leaders defy their own tribal laws and publicy state that they do not intend to obey cout orders... There is reason to believe that this lawless display will lead the Cherokee Nation back under the control of the BIA. If this happens, there will be no justice or laws to protect the Cherokee people.

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**BYRD'S "WAG THE DOG" PRODUCTION
Associate Producers "BIA, D.C. Lawyers With Connections

We Ask You To Decide:

Is it okay that Joe publicly admitted that tribal and federal funds were paid to a tribal employee who spent months on loan to the Democratic National Committee in Washington D.C. The DNC acknowledged that the funds were illegal contributions. Criminal charges have been filed against Byrd and two top aides, in Tribal court while the FBI is looking into violations of federal law.

Joe Byrd has been charged with two criminal cases of diversion of tribal funds, one case of obstruction of justice, and he has been cited for contempt in two civil cases by the Judicial Appeal Tribunals.

(Has he been to court to prove his innocence? NO!) - The BIA has prevented that from happening, along with D.C. attorneys who have been paid $hundreds of $thousands when they arranged to have the BIA police take out our legitimate marshals, and then the BIA refuses to carry out our tribal court orders.

Jennie Battles, Joe Byrd’s secretary treasurer, has been criminally charged with two cases of diversion of tribe funds, one case of obstruction of justice. (Has she been to court to prove her innocence? NO!) - She is being protected by Joe Byrd and cohorts.

Cherokee Nation v. Jennie Battles, Case # CR-97-13, charged with Conspiracy to Obstruct Justice, in violation of 21 CNCA 421 (A)(5) conspired with Irvin Rock, James R. “Bob” Powell, George Thomas and Joe Byrd acting overtly commencing on February 25, 1997 to deter law enforcement officers from engaging in a lawful criminal investigation into the alleged misappropriation of tribal and federal monies entrusted to the care of the Cherokee Nation.

You Decide Should Byrd and others appear in court to prove their innocence? Or, should they hold themselves above the law and refuse to go to court?

Would anyone in this country be allowed to refuse to answer to courts and the people for misuse of public funds?

Was Byrd’s D.C. high-priced lawyers right when they said the crisis is "politically" motivated, or have Joe Byrd and cohorts orchestrated a crisis to escape justice and cover up their alledged crimes?

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**NONE DARE CALL IT A "CONSPIRACY"
Except those who know the facts, that is!

Notes written by Cherokee Nation Chief of Staff George Thomas outlined a series of strategies to strengthen Chief Joe Byrd and weaken his opponents. A tribal spokeswoman called them "notes" Thomas had written to himself. Scores of people have called them evidence of a conspiracy to overthrow the Judicial Branch of Cherokee Nation government.

The notes, written last spring (1997) well before the attempt to "impeach" the justices, outlined a plan to discredit the justices, the Cherokee Marshals and keep Byrd from arrest at all costs!

The written Thomas plans were obviously carried out by Byrd & cohorts!

Byrd’s Chief of Staff strategies included:

* Seeking Oklahoma Bar actions against justices of the Cherokee Nation Judicial Appeals Tribunal. (Bar complaints were filed but rejected, a source said. By law, complaints are kept secret unless a lawyer is disciplined.)

* Getting tribunal justices Dwight Birdwell and Ralph Keen to remove themselves from cases involving the Cherokee constitutional crisis. (Attorneys for the Byrd administration stated publicly the justices should remove themselves, but they refused.)

* Oust the justices (Birdwell, Keen and Phillip Viles and rescind a legislative act that earlier extended Keen’s term.. (Eight councilors loyal to Byrd impeached the justices in early May. The justices ruled their impeachment illegal for lack of a quorum. A three-member panel of outside legal experts appointed by the council later agreed the impeachment was illegal. Byrd claimed publicly that Keen’s term should have expired in December 1996. The council has taken no formal action to remove him, but some members have discussed it, councilors said.)

* Take action on the tribunal’s and marshals’ budgets. (Byrd used the marshals budget to pay for Bureau of Indian Affairs police who took over tribal law enforcement in April. Byrd illegally took control of the Judicial Branch budget and stopped paying the justices and court employees after the illegal impeachment. Justices and court employees worked without pay until after Byrd signed a peace accord with U.S. Interior Secretary Bruce Babbitt on August 25. The agreement was hailed as a way to end the crisis. The administration still withheld payments to two court employees, both paid less than $15 an hour, citing a freeze on payment to attorneys.) (BIA acts to protect a fugitive intruding in internal tribal affairs)

* Take action to change current (council) committee leadership. (Several committees are chaired by councilors who have opposed Byrd in the crisis. Some council members discussed the issue, but the task wasn’t accomplished, said Councilor Barbara Starr Scott.)

* Recruit grass roots tribal members to call for the justices to resign, organize rallies and "Cherokees for Fair Government," and engage in a letter writing campaign to the court and newspapers. (Prominent Tahlequah attorney Tim Baker, brother to one of the eight councilors loyal to Byrd, Bill John Baker, wrote a letter to the editor trashing the court. A mass of letters critical of the tribunal justices were sent to newspapers in Byrd’s home county, Sequoyah County.)

* Work council members "promote/encourage" their actions. Encourage community actions. Engage in the power of the "chief. " (Legal bills show that councilors loyal to Byrd met privately with Byrd attorneys to discuss impeaching the justices Byrd called meetings in several communities, including Sallisaw, Muldrow and Bell. He argued that Cherokees who supported the tribunal were misguided. Byrd and Deputy Chief Garland Eagle also went on radio and television to deliver their messages. (The meetings were illegal)

* Thomas listed a series of steps under "media," including "push the limits" of a gag order imposed by the tribunal on crisis-related court case and “"ake every opportunity to promote positive image of administration." ( Byrd continued to defend his actions and voice his opinions about the court orders on television and in press conferences, despite the gag order.)

* Involve other gov. entities: local law enforcement agencies, officials, etc. (Fed., city,county and state law enforcement agencies have denied they were recruited by Byrd, but several officials said they were called in advance of Byrd’s illegal pre-dawn raid on the tribal courthouse in downtown Tahlequah in June. They made a strong showing at the raid, but said they were there to preserve the peace. Law officers kept Byrd’s opponents, tribunal justices, the tribal prosecutor and legitimate CN marhals out of the courthouse. But Thomas, councilors loyal to the chief and Byrd’s spokeswoman at that time, Lisa Finley, were allowed access. When tribal marshals tried to serve an eviction notice to Byrd’s security at the courthouse August 13, 1997, local and state law enforcement personnel,including Tahlequah police, sheriff’s deputies, the Oklahoma Highway Patrol and BIA police, also appeared in force and transpassed on Indian Country defending the criminals inside the courthouse and falsely arresting the only persons with legal authority and a court order that day, Pat Ragsdale and Diane Blalock. When the CN baliffis and citizens tried to enter the courthouse, Byrd’s security and the outside officers prevented the court ordered eviction and physically injured innocent Cherokees in the process. They violently threw women and elders and others down concrete stairs without warning. Lisa Tiger was sent away in an ambulance after two non-Indian law enforcement officers, without warning, picked her up and threw her head first to the concrete floor. More than six citizens were injured in the melee. Outside law enforcement officials said they were there to keep the peace and protect citizens yet they and Byrd’s security were the only ones who injured citizens and the court ordered ballifs by creating a riot through use of excessive force and interferring in a tribal court ordered eviction. They aided and abetted the criminals illegally holding the building under seige and prevented ballifs and citizens entry.)

In April, Byrd asked BIA police to take over tribal law enforcement. The BIA did so, signing an agreement to carry out tribal court orders. But the BIA refused to respond to the tribunal’s requests for help in carrying out its orders, including arresting Byrd. BIA spokesmen have declined comment.

Under the heading "Where We Are", Thomas wrote, "We have few dedicated individuals who are engaged in the fight (for the) executive branch. We need additional resources." He noted the tribal council was "not as of yet personally incensed by the actions of the tribunal to infringe on their authority." Thomas wrote that the marshal’s service "is a pawn of the courts and vice versa. The prosecutor is against us and is allied with the judges and the marshals and others unnamed." All the "openly opposing players are in a corner -- they must win or go down..." (Looks like Pat, Chad & Diane Blalock went down according to the conspiracy plan... just those 3 were falsely arrested by Diane Barker Harrold's commandos) The Thomas notes continued, "The administration has to be prepared to go after our enemies, expose them," he wrote. "They think we are weak and do not have the will to fight... Must consider that they will do anything to defeat us."

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**BYRD'S HIGH-PRICED WASHINGTON, D.C. ATTORNEYS SAID,

The Cherokee Nation Councilors’ lawsuit against them for overcharging legal fees to the tribe was filed to politically embarrass Principal Chief Joe Byrd.

(NOTE: Invoices show that the tribe paid the D.C. law firm $600,000 over the last year, and fees were billed contrary to their written contract signed with Joe Byrd.)

Interesting -- It is telling that D.C. law firm,Swidler & Berlin, asserts that the Cherokee Nation’s Councilors lawsuit against them was filed to politically embarrass Principal Chief Joe Byrd. The CN Councilor’s lawsuit against Swidler & Berlin in tribal court can hardly be deemed to be an attempt to embarrass Byrd in light of wide spread editorials and news articles labeling Byrd as a "dictator" over the last 10 months well before the councilors’ law suit.

It appears that Swildler & Berlin have a vested interest in protecting Byrd because they claim to represent him, and, after all it is Byrd authorizing $hundreds of $thousand of dollars of tribal funds to pay them big legal fees. The CN Councilors accused them of overcharging legal fees to the tribe per a written contract signed between Byrd and the firm that bear out the facts.

Byrd is defending the D.C. law firm’s counter suit in federal court against our own tribal councilors who (unlike Byrd and his law firm) are doing their job to protect the Cherokee people’s money!

Thousands of Cherokees and every major newspaper in Oklahoma have called for Joe Byrd’s resignation because of his abuse of his executive powers, fiscal mismanagement, and political oppression.

Tulsa World, August 28, 1997, Editorial
(When the principal chief’s despotic actions-firing the tribe’s marshal force and illegally ousting its high court judices, all over a raid on his office- led to a national televised courthouse melee, non-Cherokee Oklahomans were rightfully concerned")

Muskogee Daily Phoenix, August 29, 1997, Editorial
(Certainly Byrd’s efforts to wreck the Cherokee government to stop an investigation of his activities in office have fostered that view.")

Daily Oklahoman, August 29, 1997, Editorial,
("But how long should we expect good people to tolerate the continuance in power of the North American continent’s only reigning dictator [Byrd]?")

Muskogee Daily Phoenix, January 17, 1998, Editorial,
("The purpose of being chief is to lead your people to better times. Byrd has not done that. Nor has he shown even the slightest inkling of how to do it. Under those circumstances, the best thing we think Byrd could do for his people is to step aside. That would be some good news, indeed, for the Cherokee people.")

Muskogee Daily Phoenix, March 2, 1997, Editorial
("If Chief Joe Byrd really wants to help the Cherokee people, he can do so with one simple act -- resign.")

Tulsa World, March 31, 1997, Editorial
(Byrd’s actions to date in this matter are those of a banana republic tinhorn")

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**BYRD'S LAWYERS HAVE COST THE TRIBE
Over $1.3Million - Why?

Billing statements reveal that Byrd’s lawyers cost the tribe over $1.3Million

The billing statements of an attorney representing the Cherokee Nation Tribal Council during the illegal impeachment proceeding against the Judicial Appeals Tribunal appear to indicate all attorneys involved were aware beforehand that the procedure was illegal for lack of a quorum.

In what appears to be a total disregard of that knowledge the attorneys, Harvey Chaffin of Tahlequah, Tom Seymour of Tulsa and Clifford Wright of Oklahoma City, proceeded with the impeachment hearing anyway. It was later determined the so-call "impeachment" of the Tribunal was illegal, however, the attorneys were reportedly paid fees in excess of $150,000 for their participation in the illegal proceedings.

Tom Seymour, Non-Indian
Monte Strout, Non- Indian
[hired as head of CNO Law & Justice]
Harvey Chaffin, Non-Indian
$150,000

Rex Earl Starr- Non-Indian
Byrd’s General Counsel for CNO,
$142,600 (In just 7 months)

Swidler & Berlin [Washington, D.C. law office]
Reports say billing records for this law firm is
$600,000

More than 20 attorneys hired by Byrd have cost our tribe --$Hundreds Of Thousands! Why?

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**SHOW US THE MONEY JOE!**

How many needs could have been met for the Cherokee people with all the hundreds of thousands of dollars that Byrd has spent on lawyers just to keep our Marshal Service, the tribal prosecutor and our court from continuing their criminal investigation of his administration for alleged misappropriation of funds; and his fed. gov. non-Indian friends political party damage control.

How many homes could have been built or repaired for our Cherokee people?

How many elders could have received medical care and the medicines that they need?

How many scholarships for our Cherokee children could have been possible?