Department of Justice Releases Second Report to Congress on Indian Country Investigations and Prosecutions

By Yuma News Now

Washington, DC – The Department of Justice released today its second report to Congress entitled Indian Country Investigations and Prosecutions, which provides a range of enforcement statistics required under the Tribal Law and Order Act of 2010, as well as information about the progress of the Attorney General’s initiatives to reduce violent crime and strengthen tribal justice systems.

The report, based on data compiled from the case management system used by U.S. Attorney’s Offices (USAO), shows prosecutors in 2013 continued to bring substantial numbers of cases to federal court (a 34 percent increase over FY 2009 numbers) and prosecute a substantial majority of all cases referred to them.   Of the cases that were declined for federal prosecution, most were declined for insufficient evidence or because they were referred to another prosecuting authority, such as the tribe, for potential prosecution.

“As detailed in this report, the Department of Justice is making good on our commitment to strengthen cooperation with sovereign tribes, reduce violent crime, and ensure justice for every individual,” said Attorney General Eric Holder.  “From our work to empower Indian women under the landmark Violence Against Women Reauthorization Act, to the task force we established to safeguard children in Indian country from violence and abuse, we have made significant strides – in close partnership with tribal nations – to bolster the safety and security of all American Indian and Alaska Native communities.   As we move forward, we will continue to expand on this critical work; to deepen our ongoing efforts; and to reaffirm our dedication to the promise of equal rights, equal protection, and equal justice for all.”

Although declination rates are an imperfect means of evaluating the effectiveness of criminal justice in Indian country or elsewhere, the report shows that with few exceptions, areas where the largest populations of American Indian people live and suffer from the most serious crime rates, such as the Southwest and the northern plains states (which together handled approximately 70 percent of the 2,542 cases resolved in 2013), federal declination rates were the lowest in the nation.   For instance, South Dakota had the second to highest number of cases resolved in the country last year, 470 cases, and one of the lowest declination rates of 26 percent.   Arizona resolved the highest number of cases, 733 cases, and had a declination rate of 28 percent.

Associate Attorney General Tony West announced the findings in remarks to the Four Corners Indian Country Conference today on the Navajo Nation in Flagstaff, and met separately with the Attorney General’s advisory subcommittee on Native American issues to discuss the report, among other matters.

“We are witnessing an unprecedented era of collaboration among U.S. Attorneys’ offices and tribal law enforcement and prosecutors across the country,” said Associate Attorney General West.   “This report shows the fruits of this continuing partnership between the federal government and American Indian tribes, including enhancing training and capacity building for tribal court systems and improving responses to victims in Indian country.”

“Over the past five years, the Justice Department and our tribal partners have taken important steps forward on our journey toward a safer Indian Country,” said Timothy Purdon, U.S. Attorney for the District of North Dakota and chair of the Attorney General’s advisory subcommittee on Native American issues.   “Vigorous enforcement of federal laws is vitally important to strengthening public safety on American Indian reservations.   We are pleased to see in this report that U.S. Attorney’s Offices across the country continue to work hard to remove the most dangerous offenders and work closely with tribal law enforcement and prosecutors.  These promising numbers are the direct result of this enhanced communication and collaboration.”

“The FBI continues to be committed to public safety in Indian Country,” said FBI Assistant Director Joseph S. Campbell. “Our partnership with federal, state, local, and tribal agencies remains strong as we continue to aggressively address violent crime and victimization in tribal communities.”

The information contained in the report shows the following:

  • The Justice Department’s prioritization of Indian country crime has continued to result in substantial numbers of prosecutions, despite resource constraints that impacted the U.S. Attorney community in 2013.   Between FY 2009 and FY 2012, the number of cases the department filed against defendants in Indian country increased nearly 54 percent.   In FY 2013, due to fiscal challenges, overall case filings in Indian country declined somewhat compared to FY 2012, but still remained 34 percent above the number of cases filed when the department first began its department-wide tribal justice initiative in 2009.   Notwithstanding the fiscal impact of the sequester, reduced budgets, and a hiring freeze, federal agents and prosecutors continued to focus their efforts on improving public safety in Indian country.
  • A substantial majority of Indian country criminal investigations opened by the FBI were referred for prosecution.
  • A substantial majority of Indian country criminal cases opened by the United States Attorneys’ Offices were prosecuted.
  • USAO data for CY 2013 show that 34 percent (853) of all Indian country submissions for prosecution (2,542) were declined for prosecution.   In CY 2012, USAOs declined approximately 31 percent (965) of all (3145) Indian country submissions for prosecution.   USAO data for CY 2011 indicate that just under 37 percent (1,041) of all Indian country submissions for prosecution (2,840) were declined.
  • The most common reason for declination by USAOs was insufficient evidence (56 percent in CY 2013, 52 percent in CY 2012, and 61 percent in CY 2011).
  • The next most common reason for declination by USAOs was referral to another prosecuting authority (21 percent in CY 2013, 24 percent in CY 2012, and 19 percent in CY 2011).

The most common reason FBI Indian country investigations were closed administratively without referral for prosecution was that the investigation concluded that no federal crime had occurred.

  • For instance, all but 30 of the 164 death investigations the FBI closed administratively in CY 2013 were closed because the FBI established that the death was due to causes other than homicide – i.e., accidents, suicide, or death from natural causes.

Other important developments in FY 2013:

VAWA Pilot Projects

The fight against domestic violence in Indian country has been an especially important priority for the Department of Justice, and in 2013, Congress and this administration took an historic step forward with the passage of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), which the President signed into law on March 7, 2013.

Congress, in VAWA 2013, provided new tools to fight domestic violence in Indian country, and the department spared no time utilizing them.   From the date the act took effect, March 7, 2013, through the end of fiscal year 2013, U.S. Attorneys with prosecutorial responsibilities in Indian country have charged defendants with the amended provisions of the federal assault statutes that strengthened penalties for domestic assault offenses, such as strangulation and stalking.   And, while the new law’s tribal criminal jurisdiction provision takes effect generally on March 7, 2015, under VAWA 2013’s “Pilot Project” provisions, the department recently approved three tribes’ applications voluntary “Pilot Project” to begin exercising special domestic violence criminal jurisdiction sooner.   These tribes – the Pascua Yaqui Tribe of Arizona, the Umatilla Tribes of Oregon, and the Tulalip Tribes of Washington – will be the first tribes in the nation to exercise special criminal jurisdiction over crimes of domestic and dating violence, regardless of the defendant’s Indian or non-Indian status, under VAWA 2013.

Strengthening Partnerships and Support for Tribal Self-Governance

Strengthening partnerships and tribal self-governance was a major theme of the Attorney General’s message to tribal leaders on Nov.13, 2013, at the White House Tribal Nations Conference, where he announced a proposed statement of principles   to guide the department’s work with federally recognized tribes.   As the Attorney General said, “ As a result of these partnerships – and the efforts of everyone here – our nation is poised to open a new era in our government-to-government relationships with sovereign tribes.”

U.S. Attorneys’ offices around the country are engaged in an unprecedented level of collaboration with tribal law enforcement, consulting regularly with them on crime-fighting strategies in each district.   One important example of this is the department’s enhanced Tribal Special Assistant U.S. Attorney (SAUSA) program.   Tribal SAUSAs are cross-deputized tribal prosecutors who are able to prosecute crimes in both tribal court and federal court as appropriate.   These Tribal SAUSAs serve to strengthen a tribal government’s ability to fight crime and to increase the USAO’s coordination with tribal law enforcement personnel.   The work of Tribal SAUSAs can also help to accelerate a tribal criminal justice system’s implementation of TLOA and VAWA 2013.

Read the entire report at www.justice.gov/tribal/tloa.html

Read about the Justice Department’s efforts to increase public safety in Indian County at www.justice.gov/tribal/accomplishments.html

Attorney General Eric Holder Calls for Redskins to Change

Associated PressEric Holder.
Associated Press
Eric Holder.

 

 

An overwhelming majority of Democrats have said that the Redskins should change their name: Nancy Pelosi, Harry Reid, 49 US Senators and President Obama included. Now, add to the list U.S. Attorney General Eric Holder.

During an appearance on ABC’s This Week, Holder was asked if the name should change.

“I’m going to speak very personally now,” Holder said. “The name ought to be changed. It’s an offensive name. The Redskins, that organization is a great one. It’s a team with a storied history that has huge amounts of support in Washington, D.C., and in the 21st century they could increase their fan base, increase their level of support, if they did something that from my perspective that is so obviously right.”

RELATED: There’s a ‘Redskins Pride’ Caucus in the Virginia Legislature. What?

Despite the growing opposition to the name, one group of ‘Redskins’ fans recently pushed back on the name change. Some Virginia legislators have created a “Redskins Pride Caucus,” and say that the name should not be changed because to them, it’s about “community unity,” rather than anything offensive.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/07/15/attorney-general-eric-holder-calls-redskins-change-155852

Tribal leaders welcome Holder’s plan to increase voting access for Indians, Alaska Natives

U.S. Attorney General Eric Holder delivers his keynote address at a tribal conference on the campus of United Tribes Technical College in Bismarck, N.D., on Thursday. Holder announced Monday he is recommending ways to increase voting access for Native Americans and Alaska Natives. (Photo: AP Photo/Kevin Cederstrom )
U.S. Attorney General Eric Holder delivers his keynote address at a tribal conference on the campus of United Tribes Technical College in Bismarck, N.D., on Thursday. Holder announced Monday he is recommending ways to increase voting access for Native Americans and Alaska Natives.
(Photo: AP Photo/Kevin Cederstrom )

 

 

By RACHEL D’ORO, Associated Press

ANCHORAGE, Alaska (AP) — Attorney General Eric Holder said Monday his office will consult with tribes across the country to develop ways to increase voting access for American Indians and Alaska Natives.

Holder said the goal is to require state and local election officials to place at least one polling site in a location chosen by tribal governments in parts of the nation that include tribal lands. Barriers to voting, he said, include English-only ballots and inaccessible polling places.

In Alaska, for example, the village of Kasigluk is separated into two parts by a river with no bridge. On election day, people on one side have just a few hours to vote before a ballot machine is taken by boat to the other side.

In Montana, a voting rights lawsuit is pending from tribal members on the Crow, Northern Cheyenne and Fort Belknap reservations. They want county officials to set up satellite voting offices to make up for the long distances they must travel to reach courthouses for early voting or late registration.

“These conditions are not only unacceptable, they’re outrageous,” Holder said. “As a nation, we cannot — and we will not — simply stand by as the voices of Native Americans are shut out of the democratic process.”

After consulting with tribal leaders, his office will seek to work with Congress on a potential legislative proposal, Holder said.

Associate Attorney General Tony West discussed the announcement later Monday in Anchorage, during a speech to the National Congress of American Indians.

Despite reforms to strengthen voting rights, there also have been setbacks, West told the crowd. He cited last year’s U.S. Supreme Court ruling in favor of Shelby County, Alabama.

The decision effectively stripped the federal government of its most potent tool to stop voting bias — a requirement in the landmark Voting Rights Act that all or parts of 15 states with a history of discrimination in voting, mainly in the South but also Alaska, get Washington’s approval before changing the way they hold elections. Now, changes do not have to be submitted, and it is up to the U.S. Justice Department or others who sue to prove changes are discriminatory.

West also pointed to a Justice Department court filing last week that sided with plaintiffs in a voting rights lawsuit filed by several Alaska villages. The lawsuit alleges the state has failed to provide accurate, complete translations of voting materials into Alaska Native languages.

The Justice Department also intervened earlier this year in response to a plan by Cibola County, New Mexico, to eliminate voting-rights coordinators.

Remote geography and the inability to speak English do not free Americans from the obligations and responsibilities of citizenship, West said. Neither should they “impede the rights to which we are all entitled,” he said.

American Indian and Alaska Native leaders attending the conference welcomed the announcement.

“I think anything that involves tribes and tribal authority is extremely important,” said Dr. Ted Mala, director of traditional healing at the Alaska Native Medical Center and director of tribal relations for an Anchorage-based tribal health services organization.

He said tribes have had more opportunities for such consultations with the federal government under the Obama administration.

“We even meet with the president once a year, and it’s a wonderful thing,” Mala said.

Carol Schurz is a councilwoman for the Gila River Indian Community in Sacaton, Arizona. She said the community organizes its own elections and consults with state officials on state and federal elections.

Schurz encourages voter registration and said the Justice Department proposal would be well-received. She said it could empower indigenous voters “if we have the opportunity to get all our people engaged.”

Justice Department honors Healing Arts Program for Tribal sexual assault victims

MAYETTA, Kan., April 23, 2013 /PRNewswire-USNewswire/ — The Department of Justice will honor the Prairie Band Potawatomi Nation’s Tribal Victim Services program for creating a healing arts program for sexual assault victims.  Attorney General Eric Holder will present the program with an award during the National Crime Victims’ Rights Week awards ceremony on Wednesday, April 24, 2013 in Washington, D.C.

“These committed individuals are being honored for their dedication to assisting and supporting victims of crime all across the country,” said Attorney General Eric Holder . “Their actions inspire all Americans, to do what we can, each in our own way, to help lessen the physical, emotional and financial impacts of crime on people in our communities.”

The Prairie Band Potawatomi Nation’s Tribal Victim Services (TVS) program will receive the Professional Innovation in Victim Services Award, recognizing a program, organization or individual who helped to expand the reach of victims’ rights and services.  

TVS developed a program to encourage cultural healing through art to assist tribal crime victims in sharing their experiences, thoughts and fears.  They created an artistic “tree” for healing called the Community Story Tree Project, which consists of 72 canvas panels representing the community’s hopes and dreams for tribal families, survivors, children, service providers, professional elders and tribal leaders.

In addition to the Prairie Band Potawatomi Nation, Attorney General Holder will recognize 12 other individuals and organizations for their outstanding efforts on behalf of crime victims.  Descriptions and videos of the honorees are available at the Office for Victims of Crime’s Gallery: https://ovcncvrw.ncjrs.gov/Awards/AwardGallery/gallerysearch.html.

President Reagan proclaimed the first Victims’ Rights Week in 1981, calling for renewed emphasis on, and sensitivity to, the rights of victims.  National Crime Victims’ Rights Week will be observed this year from April 21-27.

The Office of Justice Programs (OJP), headed by Acting Assistant Attorney General Mary Lou Leary , provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice, and assist victims. OJP has six components: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. For more information about OJP, please visit: www.ojp.gov.