Today was a big news day, so this is longer than usual. Sorry about that. The day began with three Supreme Court decisions. The first is a major victory for indigenous peoples. In a 5-4 decision in McGirt v. Oklahoma, the court upheld the claim of the Creek Nation that a large chunk of Oklahoma, including much of Tulsa, remains a reservation for the purposes of criminal prosecutions. This means that natives on the land cannot be tried by state court; they must be tried in tribal or federal courts. While this will affect state convictions of Creeks, tribal leaders say it will have little impact on non-natives.
Dear Heather, never EVER apologize for going long. You could have written 20 more pages and every one of us would have devoured every word. Don't want to put any onus on you -- you need your down time and rest. But you don't owe us, your readers, any explanations or apologies for anything. We simply and truly owe thanks to you for all the ways you communicate to and with us.
Actually, even the dissenters agreed that Trump was subject to the law, so it was unanimous, 9-0, that "The president is not above the law."
Nice that NY will have the tax fraud indictment waiting for him qt 12:01pm on January 20, 2021. Maybe we can lead him and his spawn (co-conspirators) away from the inauguration in cuffs. Tax fraud in NY is 20 years. And nobody can pardon him, since it's state law.
If the United States is in default of its treaty obligations to the Creeks in Eastern Oklahoma in terms of criminal prosecutions as SCOTUS has declared that the "Reservation" still exists! This large part of the state of OKLAHOMA is INDIAN LAND. Can this ruling be enlarged to include other elements of ownership? Should not the non-native residents, including much of Tulsa, be paying them rent? Could this not be used by the tribes to remove or reduce environmental threats imposed unilaterally by the non-native population? It is clear that this ruling will encourage the 5 other tribes in that part of the state to follow suit. The Court also said that it would hold Congress to its word. This could offer hope to many other tribes across the country who have been cheated out of their land by speculators, miners and others but Congress hasn't specifically legislated on the issue to "clean up the fine details" of these criminal acts. Could this be used by the Lakota Sioux for inbstance to recover the Black Hills and prevent further desecration by the likes of Humpty Dumpty and all the "king's" men?
What a news day! It would seem many are eager to avoid getting the Trump stink on them. Would a resignation be out of the question? How much can his fragile ego take? I sincerely hope that enough people have had their eyes opened to the fact that the senate (which could have ended this debacle after the impeachment but chose to look the other way because it furthered their agenda) needs to be shaken up and infused with fresh blood. Every. Single. Race. Counts. VOTE!
Thank you, Professor Richardson. This Letter, as well as prior Letters, are helpful when attempting to make sense of a very complicated political landscape.
Thanks again. Can't shake the feeling that Trump's not only just trying to politicize the military before election but keeps putting toe in water to see if they'd side with him in some form of coup--each and every time he dips that toe they come back with a big NO.
It's a slow legal grind to protect the constitution but SCOTUS has just re-affirmed the primacy of the law within the bounds laid down by the Constitution and that they are the final, NEUTRAL arbiter beholden to none. It lays waste to GOP's strategy and plans to slant the Supreme Court in their direction with a succession of "favourable" nominations as Gorsuch and Kavanaugh have declared their independence. Trump, like Congress and the Court are not above the law and the former can no longer pretend that he can "shoot someone on 5th Ave and get away with it". On the contrary, the Court just told Trump that he's most assuredly heading for exposure, prison and bankruptcy on the inauguration of a new President in January. Can he sit and wait for the bell to toll?
Please do not apologize for the length of your reflection. It brings clarity to thoughts I have been having. I will say though I am beginning to have whiplash from watching all the unfolding events and dumpster fires he has set to distract us. I think perhaps 45 is finally harvesting the fruits of the seeds he has sewn. I do wonder if it won't be his handling of the Covid-19 crisis that will bring him down. Our Governor in NM reversed some of our phased opening and she promises more action if we don't do better.
With more sympathetic, legal scrutiny on native lands, treaties, etc., I'm wondering if this will help pave the way for Hawaii to regain sovereignty. The Kingdom of Hawaii still exists behind a sort of legal firewall and with an official apology from the US in 1993 on their side, there may be hope as long as Hawaiians can agree on the definition of "Native Hawaiians." Interesting times ...
Even with all the news yesterday, I was hoping you were going to summarize/explain McGirt v. Oklahoma. While the other information was interesting to put it mildly, I was curious about that case. That said I hope Katyal and Geltzer are right; the Berman testimony while not surprising it put another nail in Barr's coffin, and kudos to General Milley and Secretary in their efforts to keep the military from being politicalized. It was a good day! It give me hope there is a light at the end of the tunnel:)
The SCOTUS ruling implies that, if Congress cannot subpoena the president for the purposes of law enforcement, then Congressional oversight is a myth. Is this true even during impeachment? If the House had subpoenaed Trump for documents and/or witnesses, is SCOTUS saying he could just ignore them? If so, a lawless president like Trump can indeed get away with murder.
Just for “Hamilton” fans, straight from Chief Justice Roberts in Trump v. Vance:
“Held: Article II and the Supremacy Clause do not categorically preclude, or require a heightened standard for, the issuance of a state criminal subpoena to a sitting President. Pp. 3–22.
(a) In 1807, John Marshall, presiding as Circuit Justice for Virginia over the treason trial of Aaron Burr, granted Burr’s motion for a sub- poena duces tecum directed at President Jefferson.”
Dear Heather, never EVER apologize for going long. You could have written 20 more pages and every one of us would have devoured every word. Don't want to put any onus on you -- you need your down time and rest. But you don't owe us, your readers, any explanations or apologies for anything. We simply and truly owe thanks to you for all the ways you communicate to and with us.
Actually, even the dissenters agreed that Trump was subject to the law, so it was unanimous, 9-0, that "The president is not above the law."
Nice that NY will have the tax fraud indictment waiting for him qt 12:01pm on January 20, 2021. Maybe we can lead him and his spawn (co-conspirators) away from the inauguration in cuffs. Tax fraud in NY is 20 years. And nobody can pardon him, since it's state law.
If the United States is in default of its treaty obligations to the Creeks in Eastern Oklahoma in terms of criminal prosecutions as SCOTUS has declared that the "Reservation" still exists! This large part of the state of OKLAHOMA is INDIAN LAND. Can this ruling be enlarged to include other elements of ownership? Should not the non-native residents, including much of Tulsa, be paying them rent? Could this not be used by the tribes to remove or reduce environmental threats imposed unilaterally by the non-native population? It is clear that this ruling will encourage the 5 other tribes in that part of the state to follow suit. The Court also said that it would hold Congress to its word. This could offer hope to many other tribes across the country who have been cheated out of their land by speculators, miners and others but Congress hasn't specifically legislated on the issue to "clean up the fine details" of these criminal acts. Could this be used by the Lakota Sioux for inbstance to recover the Black Hills and prevent further desecration by the likes of Humpty Dumpty and all the "king's" men?
What a news day! It would seem many are eager to avoid getting the Trump stink on them. Would a resignation be out of the question? How much can his fragile ego take? I sincerely hope that enough people have had their eyes opened to the fact that the senate (which could have ended this debacle after the impeachment but chose to look the other way because it furthered their agenda) needs to be shaken up and infused with fresh blood. Every. Single. Race. Counts. VOTE!
Thank you, Professor Richardson. This Letter, as well as prior Letters, are helpful when attempting to make sense of a very complicated political landscape.
Thanks again. Can't shake the feeling that Trump's not only just trying to politicize the military before election but keeps putting toe in water to see if they'd side with him in some form of coup--each and every time he dips that toe they come back with a big NO.
It's a slow legal grind to protect the constitution but SCOTUS has just re-affirmed the primacy of the law within the bounds laid down by the Constitution and that they are the final, NEUTRAL arbiter beholden to none. It lays waste to GOP's strategy and plans to slant the Supreme Court in their direction with a succession of "favourable" nominations as Gorsuch and Kavanaugh have declared their independence. Trump, like Congress and the Court are not above the law and the former can no longer pretend that he can "shoot someone on 5th Ave and get away with it". On the contrary, the Court just told Trump that he's most assuredly heading for exposure, prison and bankruptcy on the inauguration of a new President in January. Can he sit and wait for the bell to toll?
Please do not apologize for the length of your reflection. It brings clarity to thoughts I have been having. I will say though I am beginning to have whiplash from watching all the unfolding events and dumpster fires he has set to distract us. I think perhaps 45 is finally harvesting the fruits of the seeds he has sewn. I do wonder if it won't be his handling of the Covid-19 crisis that will bring him down. Our Governor in NM reversed some of our phased opening and she promises more action if we don't do better.
With more sympathetic, legal scrutiny on native lands, treaties, etc., I'm wondering if this will help pave the way for Hawaii to regain sovereignty. The Kingdom of Hawaii still exists behind a sort of legal firewall and with an official apology from the US in 1993 on their side, there may be hope as long as Hawaiians can agree on the definition of "Native Hawaiians." Interesting times ...
Even with all the news yesterday, I was hoping you were going to summarize/explain McGirt v. Oklahoma. While the other information was interesting to put it mildly, I was curious about that case. That said I hope Katyal and Geltzer are right; the Berman testimony while not surprising it put another nail in Barr's coffin, and kudos to General Milley and Secretary in their efforts to keep the military from being politicalized. It was a good day! It give me hope there is a light at the end of the tunnel:)
How many decades has Dumpty been in office! It’s Exhausting! Maybe we could get a slow Friday or a calm weekend. Thank you for the insight!
Mafia dons wish they had attorneys as dedicated to their criminal endeavors as Barr is to Trump's.
The SCOTUS ruling implies that, if Congress cannot subpoena the president for the purposes of law enforcement, then Congressional oversight is a myth. Is this true even during impeachment? If the House had subpoenaed Trump for documents and/or witnesses, is SCOTUS saying he could just ignore them? If so, a lawless president like Trump can indeed get away with murder.
Just for “Hamilton” fans, straight from Chief Justice Roberts in Trump v. Vance:
“Held: Article II and the Supremacy Clause do not categorically preclude, or require a heightened standard for, the issuance of a state criminal subpoena to a sitting President. Pp. 3–22.
(a) In 1807, John Marshall, presiding as Circuit Justice for Virginia over the treason trial of Aaron Burr, granted Burr’s motion for a sub- poena duces tecum directed at President Jefferson.”
Re. the Creeks. Good for them! E. Oklahoma is the most ecologically sound part of the state.
Wow! So much to digest I feel like I've eaten too much at the buffet! Was not too long at all, thank you for the fabulous summary