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Washington rally to show support for Cobell case
Tuesday, April 4, 2006

Elouise Cobell, the lead plaintiff in the Indian trust fund lawsuit, is planning a big showing in Washington, D.C., next week to show support for the 10-year-old case amid Congressional settlement efforts.

In a display of unity, Cobell will be joined by tribal leaders, individual Indian landowners and other supporters on the day of a major court hearing. Next Tuesday, the D.C. Court of Appeals is hearing the Bush administration's attempt to remove Judge Royce Lamberth from the case and overturn a computer security ruling.

Prior to the start of oral arguments, Cobell, tribal leaders and drummers from the Blackfeet Nation will meet at 8:30am at the federal courthouse near the U.S. Capitol. The hearing starts at 9:30am and is expected to last at least an hour.

After the hearing, the group will march a short distance to the National Museum of the American Indian. Tex Hall, the most recent president of the National Congress of American Indians; Jim Gray, the chief of the Osage Nation of Oklahoma; Mary Johnson, a Navajo landowner from Utah and others are scheduled to speak.

The gathering comes two weeks after the most recent Senate Indian Affairs Committee hearing on legislation to settle the Cobell lawsuit, filed in June 1996. Tribal leaders and groups representing Indian landowners want to show Congress they stand united, particularly in light of a recent news article that incorrectly indicated some disagreement on the scope of the matter.

It was last June when Cobell and a number of inter-tribal organizations like the Inter-Tribal Trust Fund Monitoring Association and the Indian Land Working Group came together on 50 principles to settle the case and reform the Indian trust system. The ILWG, who was represented by Austin Nunez at the Senate hearing on March 28, continues to agree with the principles, officials of the group said this week.

The bill, S.1349 and its companion H.R.4322 in the House, would provide a dollar amount to resolve the Cobell case. Although a figure hasn't been reached, independent experts told a joint Senate-House hearing on March 1 that it should be in the billions.

At that hearing, some experts said the settlement should address not just the trust fund mismanagement aspect of Cobell but resource mismanagement claims. Hall and Gray were asked their views on the issue on March 28, with both indicating individual landowners need to be given more information about their assets before resource claims are settled.

"I'm kind of hesitant to include mismanagement of resources because that's a whole other issue that would take an extensive time to research and to provide an answer," Hall said, indicating action on the bill could be delayed if the issue is considered. Gray provided a similar response.

Nunez was quoted in a news story as saying he disagreed with Hall and Gray but he was not quoted correctly. "I would just agree with Mr. Hall and Mr. Gray in that it is an item that needs to be addressed at a later date," he told the committee. The article had him saying the word "disagree" instead of the phrase "just agree."

Next Tuesday's court hearing is before Judge David S. Tatel, a Clinton nominee; Judge Janice Rogers Brown, a Bush II nominee who joined the court last June; and Senior Judge Laurence H. Silberman, a Reagan appointee. It takes place in Courtroom 20 on the E. Barrett Prettyman United States Courthouse at 333 Constitution Ave NW, the same building as the federal district courthouse.

The appellate court's web page can be accessed at http://www.cadc.uscourts.gov/internet/internet.nsf. The district court web site is http://www.dcd.uscourts.gov.

Indian Trust Reform Act:
S.1439 | H.R.4322

Relevant Documents:
Trust Reform and Cobell Settlement Workgroup Principles for Legislation (June 2005)

Relevant Links:
National Congress of American Indians - http://www.ncai.org
Intertribal Trust Fund Monitoring Association - http://www.itmatrustfunds.org
Indian Land Working Group - http://www.ilwg.net
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Cobell v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm
Senate Indian Affairs Committee - http://indian.senate.gov

Related Stories:
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Cobell addresses trust fund mismanagement (3/30)
Ross Swimmer: Indian trust not about mismanagement (3/29)
Norton denies fraud or major problem with trust (3/29)
GAO report warns of billions in lost oil, gas royalties (3/29)
Witness list for hearing on Indian Trust Reform Act (3/28)
DOI trust reform meeting set for Portland, Oregon (3/24)
Kempthorne faces hot issues at Interior Department (3/21)
DOI pressed for more clarity on trust initiative (3/3)
Congress urged to settle Cobell lawsuit for billions (03/02)
Listening Lounge: Joint hearing on Cobell v. Norton (03/01)
Interior hits the road with new trust reform initiative (02/08)
Jodi Rave: Garcia calls for settlement of Cobell (2/3)
Cason slashes BIA budget and blames it on Cobell (2/3)
Tribes discuss trust reform bill, Cobell settlement (1/31)
Commentary: Swimmer still not telling the truth on trust (1/26)
Opinion: Indians want $12B of 'YOUR' money (01/10)
Cobell: Appeals court ruling a favorable one (12/21)
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Judge blasts Interior on handling of trust (7/13)
Elouise Cobell: Principles put trust back into trust fund (07/07)
Cobell and Cason to appear on C-SPAN program (7/6)
Cobell calls for settlement of trust fund lawsuit (7/5)
Editorial: Resolution of trust fund debacle needed (7/5)
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Opinion: Downfall of Indians traced to Army, BIA (6/28)
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Editorial: Congress should settle trust fund (6/24)
Editorial: Trust fund a 'national embarassment' (6/22)
Indian Country united on trust reform solutions (6/21)
Trust workgroup to outline Cobell settlement goals (6/17)
Trust reform costs put at $3B, thanks to Bush (6/13)
Echohawk optimistic on settlement of Cobell case (06/03)
Final trust reform meeting held in North Dakota (6/3)
UTTC hosts meeting on trust reform legislation (6/1)
House panel acts to restore Bush budget cuts (05/05)
NCAI and ITMA hold second trust reform meeting (05/04)
Bush administration won't give up fight on Cobell (03/18)
McCain weighs GAO probe of Indian trust debacle (03/10)
McCain lays out Indian agenda for 109th Congress (3/7)
Norton won't testify on trust fund retaliation (2/28)
Bush official won't accept claims of trust mismanagement (02/17)
Appeals court won't hold back Lamberth on trust reform (12/13)
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Lamberth critical of Norton's 'bad faith' on trust fund (10/25)
Interior denies attempt to halt trust fund payments (10/05)
Bush administration challenges trust fund ruling (09/16)
Appeals court takes on Cobell trust fund case (9/15)
Lamberth exchanges harsh words with Cobell critic (08/02)
Bush administration calls for end to Cobell case (04/09)
Cobell trust fund suit mediators announced (4/6)
DOI's Internet connection shut down for third time (03/16)
Lamberth defends special master against attack (03/16)
Anderson praises Cobell suit in NCAI speech (2/25)
Tribes still frustrated on trust reform (11/20)
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Cobell plaintiffs disputing trust fund rider (11/17)
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Norton welcomes time-out in Cobell trust fund case (11/4)
Bush official balks at large settlement for Cobell (7/10)

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