Post by Okwes on Mar 7, 2008 13:37:19 GMT -5
Government will head back to court over American Indian trusts
[WASHINGTON
:
A federal judge said Wednesday he wants to resolve a 12-year lawsuit
over government mismanagement of American Indian lands this June.
In a January decision, U.S. District Judge James Robertson said Interior
Department accounting for billions of dollars owed to American Indian
landholders has been "unreasonably delayed" and is ultimately
impossible.
At the same time, Robertson said the overall task is not hopeless, and
he held a status hearing to determine what happens next. At the hearing,
he set out a schedule for the next few months that will allow both sides
to argue how the trial should proceed.
The June trial "is meant to bring this matter to a conclusion,"
Robertson said. "It is time to bring this matter to a close with a
decision of one kind or another."
The suit, first filed in 1996 by Blackfeet Indian Elouise Cobell, claims
the government has mismanaged more than $100 billion in royalties held
in trust from American Indian lands dating back to 1887.
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Lawyers for the government disagreed with Robertson at the hearing,
saying the Interior Department's complicated methods of accounting are
not impossible. Those efforts have already cost the government $127
million.
Lawyers for the American Indian plaintiffs said they were pleased with
the prospect of the new trial and they hope it will determine the value
of the trust accounts.
"This case can be resolved fairly and expeditiously," said Dennis
Gingold, the plaintiffs' lead attorney.
Robertson also hinted that he may be ready to allow the Bureau of Indian
Affairs to reconnect to the Internet. The bureau is under court orders
to disconnect its computers from the Internet to secure American Indian
trust data.
He asked the plaintiffs to submit a reasoning for the disconnect by
March 26. Unless the plaintiffs make a sufficient case, he said, "I am
frankly inclined to let them turn the switches back on."
The government proposed paying $7 billion partly to settle the Cobell
lawsuit in March 2007, but that was rejected by the plaintiffs, who
estimate the government's liability could exceed $100 billion.
The lawsuit deals with individuals' lands. Several tribes have sued
separately, claiming mismanagement of their lands.
In the January decision, Robertson also blamed Congress for the lack of
money appropriated for the cause, citing the "tension between the
expense of an adequate accounting and congressional unwillingness to
fund such an enterprise."
[WASHINGTON
:
A federal judge said Wednesday he wants to resolve a 12-year lawsuit
over government mismanagement of American Indian lands this June.
In a January decision, U.S. District Judge James Robertson said Interior
Department accounting for billions of dollars owed to American Indian
landholders has been "unreasonably delayed" and is ultimately
impossible.
At the same time, Robertson said the overall task is not hopeless, and
he held a status hearing to determine what happens next. At the hearing,
he set out a schedule for the next few months that will allow both sides
to argue how the trial should proceed.
The June trial "is meant to bring this matter to a conclusion,"
Robertson said. "It is time to bring this matter to a close with a
decision of one kind or another."
The suit, first filed in 1996 by Blackfeet Indian Elouise Cobell, claims
the government has mismanaged more than $100 billion in royalties held
in trust from American Indian lands dating back to 1887.
Today in Americas [http://www.iht.com/images/dot_h.gif] Advisers for
Clinton plan the endgame
<http://www.iht.com/articles/2008/03/06/america/05cndclinton.php>
[http://www.iht.com/images/dot_h.gif] Regional bloc says Ecuador's
sovereignty was violated
<http://www.iht.com/articles/2008/03/06/america/06venez.php>
[http://www.iht.com/images/dot_h.gif] A new job track for single
mothers in Wyoming
<http://www.iht.com/articles/2008/03/06/america/06wyoming.php>
[http://www.iht.com/images/dot_h.gif]
<http://ad.fr.doubleclick.net/jump/americas.iht.com/article;cat=article;\
sz=190x90;ord=123456789?>
Lawyers for the government disagreed with Robertson at the hearing,
saying the Interior Department's complicated methods of accounting are
not impossible. Those efforts have already cost the government $127
million.
Lawyers for the American Indian plaintiffs said they were pleased with
the prospect of the new trial and they hope it will determine the value
of the trust accounts.
"This case can be resolved fairly and expeditiously," said Dennis
Gingold, the plaintiffs' lead attorney.
Robertson also hinted that he may be ready to allow the Bureau of Indian
Affairs to reconnect to the Internet. The bureau is under court orders
to disconnect its computers from the Internet to secure American Indian
trust data.
He asked the plaintiffs to submit a reasoning for the disconnect by
March 26. Unless the plaintiffs make a sufficient case, he said, "I am
frankly inclined to let them turn the switches back on."
The government proposed paying $7 billion partly to settle the Cobell
lawsuit in March 2007, but that was rejected by the plaintiffs, who
estimate the government's liability could exceed $100 billion.
The lawsuit deals with individuals' lands. Several tribes have sued
separately, claiming mismanagement of their lands.
In the January decision, Robertson also blamed Congress for the lack of
money appropriated for the cause, citing the "tension between the
expense of an adequate accounting and congressional unwillingness to
fund such an enterprise."