AG files objection to Freedmen petition

BY STAFF REPORTS
12/29/2017 03:45 PM
TAHLEQUAH, Okla. – Cherokee Nation Attorney General Todd Hembree on Dec. 29 filed a Special Limited Entry of Appearance and Objection with the Cherokee Nation Supreme Court.

The objection asks the court to dismiss the Petition for Writ of Mandamus filed Dec. 11 by Tribal Councilors David Walkingstick, Harley Buzzard and several CN citizens asking the CN Supreme Court to order the attorney general’s office to appeal the CN v. Nash, Vann and Interior Department ruling. The motion also asks the court to withdraw its order instructing the CN to accept Freedmen citizenship applications. It also seeks to find that the Nash decision is not a final judgment and the tribe should litigate it to the fullest degree, including an appeal.

In the objection, the AG alleges five of the eight citizens listed within the motion committed perjury.

"Council Member David Walkingstick, in his individual capacity, Twila Pennington, Randy White, Norman Crowe and Vicki Bratton all swore in notarized statements they "voted in the 2007 referendum...to only allow citizenship in the Cherokee Nation for people who are Cherokee by blood." They did not," the objection states.

The objection also states, “Movants fail to demonstrate a legally cognizable interest in the present action that establishes a right to intervene under Cherokee law. Nonetheless, even if Movants can establish a right to intervene – which they cannot – the court must dismiss the Writ of Mandamus because this Court lacks subject matter jurisdiction. Specifically, Movants fail to cite any jurisdictional statute which permits Movants to maintain a lawsuit against AG Hembree – an appointed official of the Nation that enjoys sovereign immunity form this type of suit.”

Please check back with the Cherokee Phoenix for a more in-depth story.

Click here to readthe full Special Limited Entry of Appearance and Objection.

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