Copyright © 2003 NLThomas
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WASHINGTON, D.C. - The House of Representatives, under intense pressure from Interior Secretary Gale Norton and the White House, has acted unconstitutionally and further breached the fiduciary responsibility that the United States government owes to more than 500,000 individual Indian trust beneficiaries.

        This is the assessment of Elouise Cobell, the lead plaintiff in a 7-year lawsuit, who has won repeated court rulings compelling the U.S. government to account for all revenue generated from millions of acres of individual Indian trust lands managed by the government since 1887.

        By a narrow 216-205 vote the House Thursday night approved an Interior department spending bill that is intended to protect Secretary Norton from further contempt proceedings in federal court for her continuing violations of law and court orders and her steadfast refusal to conduct an accurate accounting of the trust's assets.

        "This vote will be remembered in Indian Country for the cynical actions of Congressman Norm Dicks (D-Wash.) and each of his colleagues who repeatedly have attempted to interfere unconstitutionally in the judicial process primarily to protect the Interior Secretary who has been found by the federal district court to be an unfit trustee-delegate and has harmed hundreds of thousands of the nation's First Citizens," Cobell said.

        "We hope that the Senate will not join in this," said Cobell a member of Montana's Blackfeet Tribe.

        "As disturbing as this vote is to all of us who believe that this is a nation of laws and that our government officials have taken an oath to uphold the Constitution, many members of Congress have confirmed that the provision is unconstitutional and an obvious violation of the Separation of Powers Clause that prevents Congress from interfering with the judiciary," Cobell said.

        "If Secretary Norton attempts to use this unconstitutional provision to shield herself from accountability for her violations of an injunction, it will provide her no safe harbor. We will seek further contempt sanctions against the Secretary and again request that the Court place the trust into receivership to protect trust assets and records from further loss, destruction, and corruption."

        "I want to praise the 205 lawmakers, particularly the Democratic leadership; Rep. J.D. Hayworth, R-Ariz; House Resources Committee Chairman Pombo, R-Calif., and the 52 other Republicans who had the integrity and conviction to resist the pressure of the White House and the Interior secretary, uphold the Constitution, and discharge the trust duties that the government owes to hundreds of thousands of individual Indian trust beneficiaries," Cobell concluded.

For additional information contact Bill McAllister, phone: 703-385-6996 or 202-257-5385 (media calls only). To view the latest information concerning this case visit IndianTrust.com.