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Norton again demonstrates "total inability to understand role of trustee"

WASHINGTON, D.C. - A federal judge sharply criticized Interior Secretary Gale Norton today for a "totally improper" attempt to circumvent a court order sealing the personal financial data of Indians who are challenging Norton in court over mismanagement of the Individual Indian Monies (IIM) trust.

U.S. District Judge Royce C. Lamberth rejected a request by Norton that he lift a protective order that the government's own lawyers had drafted and asked Lamberth to approve in 1996.

"The Court finds that the filing of this motion is itself a violation of the Secretary's fiduciary duty to the trust beneficiaries, and the motions are hereby denied," Lamberth's written order said. "Secretary Norton has demonstrated once again her total inability to understand the role of a trustee in relation to a beneficiary by seeking to release to Congress - knowing that it will be made public - the confidential financial information of these beneficiaries."

Norton is scheduled to testify on Wednesday (2/6) before the House Resources Committee, where she had planned to reveal the confidential financial data.

The judge's ruling comes in the middle of Norton's contempt trial before Lamberth for ignoring a court order to reform the failed IIM trust, submitting false reports to the judge about Interior's supposed progress on trust reform and failing to provide even rudimentary computer security for IIM trust accounting data.

In today's order, Lamberth said he would be willing to consider a request from Congress to amend his 1996 order. "Should such a motion be filed, the Court will be obliged to consider the relevant legal questions surrounding possible release of the report, including whether release is in the public interest. What the Court will not do, however, is entertain a totally improper request from Secretary Norton."

Philip Smith can be contacted by phone, 202-661-6350.