[IPSM] Oneida Nation press release

[Devin Butler]

Greetings from the Onyota':Ka Oneida Wolf Clan of the Haudenosaunee Six
Nations Iroquois Confederacy

P R E S S    R E L E A S E: Please Distribute Widely

>From the 32 Territory: April 3, 2004:  On April 2, 2004, the three-judge
panel of the US Court of Appeals, Second Circuit, in New York City, rendered 
their
decision regarding the appeal filed by the 19 'dissidents' whose homes have
been targeted for demolition by Ray Halbritter.   The plaintiffs include 
Maisie
Shenandoah, a 72-year-old Traditional Wolf Clan Mother.   Other plaintiffs
include Diane Schenandoah, her three children; Vicky Shenandoah-Halsey and 
her
two children, and Danielle Schenandoah-Patterson and her three children
including Jolene, age 9, and Monica Antoine-Watson and her son Kyle.   

In their seven-page decision, the three judges unanimously affirmed the
decision by the US District Court in Syracuse that the US Courts do not have
jurisdiction to enter any order protecting these women and children from the
homelessness to be caused by Halbritter's so-called "housing program".    
The three
judges did express frustration that in their opinion, the US Congress had 
not
given them sufficient power under the Indian Civil Rights Act to do anything 
to
help the plaintiffs.

In one passage, the three Federal judges condemned the conduct and actions 
of
Halbritter and the other defendants (including the non-Oneida prosecutor,
Peter Carmen, appointed by Halbritter) against these innocent victims, even 
going
so far as commenting that it would be a "mockery of common sense" to apply
the "name of liberty" to Halbritter's reign over the Oneida Nation.    The
judges stated that "[e]ven though the actions of the ruling members of the 
Nation
[Halbritter] may be partly inexcusable herein, we can only remedy wrongs 
which
invoke the jurisdiction of this Court." 

The judges went even further by quoting Alexander Hamilton as saying "If [a]
legislature [referring to the defendants' so-called men's council] can
disfranchise any number of citizens [such as plaintiffs] at pleasure by 
general
descriptions, it may soon confine all the votes to a small number of 
partisans, and
establish an aristocracy or an oligarchy; if it [Halbritter] may banish at
discretion all whom [Halbritter had] render[ed] obnoxious without hearing or
trial, [then] no man can be safe, nor know when he may be the innocent 
victim of
a prevailing faction."    In addition to targeting their homes for 
demolition,
Halbritter has cut these plaintiffs off from any and all participation in 
the
Oneida Nation as well as any rights or benefits including the payments by 
the
US Government to the Oneida Nation under the treaties between the two
Nations.

The decision concludes with a plea by the judges for Congress to expand the
power of the US Courts in order that they would be able to have jurisdiction
and authority to help victims like the plaintiffs who suffered
disenfranchisement without either a hearing or trial and at the pleasure of 
the defendant
Halbritter's prevailing faction.

As a result of the decision affirming the district court's decision, the
prior voluntary agreement by Halbritter to not do anything to forcibly 
remove the
plaintiffs from their homes and destroy them is no longer in effect.   At 
this
time, there appears to be no legal obstacle to Halbritter carrying out the
orders for plaintiffs' forcible eviction followed by immediate demolition of
plaintiffs' private homes.  

The plaintiffs remain steadfast in their rejection of the 1993 action of the
US Bureau of Indian Affairs to force Halbritter into power over the 
objection
of the 1,000-year-old Traditional Haudenosaunee Confederacy that signed the
Treaty of Canandaigua in 1794. 

The BIA effected a coup de tat in 1993 by rejecting the decision of the
Traditional Oneida and Haudenosaunee Leaders to remove Halbritter from any 
and all
positions.   The sovereignty and unity of the Oneida Indian Nation and the
Iroquois Confederacy was respected until 1993 at which time the US 
government
violated that sovereignty by appointing Halbritter over the objection of the
traditional leaders. The 2nd Circuit court previously issued an 
investigation of
the BIA's intrusion regarding the leadership of Halbritter, which still 
remains
open, and pending today.

New York US Representative Boehlert publicly admitted in 1993 that a good
case could be made that he traded his vote and supported NAFTA in exchange 
for
then President Clinton ordering the BIA to over-rule the Traditional Oneida
Leaders so that Halbritter could complete secret negotiations for the 
Turning
Stone Casino with then NY Governor Cuomo, which was never ratified by the 
New York
State Legislature as required by the Indian Gaming Regulatory Act.

The plaintiffs remain convinced that the US Courts have sufficient authority
under the Indian Civil Rights Act.   The plaintiffs are concerned that
Congress may use the inexcusable treatment of them by Halbritter as 
justification to
grant the request of these judges and enact laws greatly expanding the power
and authority of the US Courts to further erode tribal sovereignty.

It has never been the desire or goal of the plaintiffs to undermine tribal
sovereignty, but to always strengthen it and restore it by reversing the
violation of that sovereignty by the BIA in 1993.   However, this court 
decision
reveals that the sovereignty already violated by the BIA is in further 
jeopardy
and the plaintiffs are concerned and aware that tribal sovereignty will be 
lost
because of those like Halbritter who abuse it in order to create a
dictatorship, an aristocracy, and an oligarchy, as observed by the court 
decision.

Plaintiffs are preparing their appeal to the US Supreme Court to seek a
ruling that this case is not about safety or economic consequences but about 
the
exercise and abuse of power to legislatively enact laws targeting plaintiffs 
for
additional punitive treatment not shared or suffered by others of the nation
simply because plaintiffs continue to disagree with the legitimacy of
Halbritter's power over the Nation.    Plaintiffs will also ask the Court of 
Appeals
to stay any evictions or destruction of homes while their appeal to the US
Supreme Court is pending.

The plaintiffs remain hopeful that their peaceful refusal to abandon their
traditional beliefs and ways will serve as an example of the Great Law of
Peace.   They give thanks to all who have supported them in any way whether 
it be
through prayer, phone cards, kind thoughts or food.   They pray that 
Halbritter
will unlock the Longhouse doors and no longer use it as a weapon and symbol 
of
oppression.  And they pray that their example of Peace and Compassion will
become contagious.

#30#30#30#



Ny' Weh- thank you,

Diane Schenandoah (315) 363-6248
Danielle Schenandoah-Patterson


Onyota'a:Ka
PO box 555
Oneida Indian Territory
Oneida, NY-13421-
Fax: (315) 363-1655
Phone    (315) 363-6248

_________________________________________________________________
STOP MORE SPAM with the MSN Premium and get 2 months FREE*    
http://join.msn.com/?pgmarket=en-ca&page=byoa/prem&xAPID=1994&DI=1034&SU=http://hotmail.com/enca&HL=Market_MSNIS_Taglines