Cherokee History 1863 to the birth of CNO
1975 to 1995, Part 2
April 19, 2008
"I was at the Cherokee Nation complex nearly every day during the Byrd years. I reported on the tribe for the Cherokee Observer and worked closely with other media outlets to cover tribal affairs. The appearance of professionalism at the complex was impeccable. Everyone dressed nice, except on Fridays when Byrd allowed Blue Jeans. Despite the growing crisis outside the complex, the employees of CNO seemed to be genuinely happy with their jobs. Even though I was much more involved in internal tribal affairs then than I am now, thus more accessible, I took fewer calls from disgruntled employees in those four years.
It is true that someone in survival mode, as Joe Byrd was from nearly the first month of his administration, might do some very unethical things, as Joe did, his relationship with the employees and the level of concern and professionalism toward them is absolutely equal to and I believe better than Chad, notwithstanding the constitutional crisis he created.
And please don't take this message as support for Joe Byrd. While I believe the crisis he created was ignited by Wilma Mankiller and Pat Ragsdale (and Chad Smith just took advantage of it), Joe Byrd was responsible for his actions and his attempted destruction of the judicial branch of our government was reprehensible."
What I call the Byrd fiasco, some call a Constitutional Crisis, began with the Cherokee court ordering Byrd to produce documents that some one had claimed would show he had misappropriated funds, turns out he had not, but his actions an reactions cause the turmoil that ensued for his four year term: Thus being deem a Constitutional Crisis and so named. One of the most telling things that I got from the mess was that Byrd knew the Cherokee Nation of Oklahoma (CNO) is, as I say Bogus, By the fact of a statment he made where he was ask why he did not comply with the CNO Constitution, his reply was, "I will, and I will decide what part is legal" You can see a good account of the Byrd Years Here At This Link Though I believe it was written a little slanted by Smiths people to depict Joe Byrd worse than what he actually was.
All the request for any documentation, that should have been provided without the necessity of a court action, was refused or ignored by Byrd. The ongoing refusal, combined with other information, resulted in the search warrant, as a necessary last resort. on the concocted basis those documents were a neccessity, there is an actually questionable fact that requires an answer, as to how they were obtained and by whom, one of the justices on the Cherokee Court (JAT) Phillip Viles actually made entry to the Chief's office by going througn the Celing outside the door to the office and dropped down into the office, and turned up the illusive documents, BUT i guess it was all legal becahuse he was a judge! Tribal Prosecutor at the time, A. Diane Blalock charged Byrd with misappropriation of funds. Byrd claims he has done nothing wrong, and it can all be explained by accounting errors, yet the financial records with those accounting errors have not seen the light of public scrutiny. He had pledged accountability, I suppose when he got around to determining what part of the Constitution was legal.He remained unaccountable, refusing to make the constitutionally-required information public right to the end, and in the end Byrd was exonerated, but not by a court of law, when he left office after loosing the election to Chad Smith in 1999, who was eventually forced to admit he came in to office of Principal Chief of CNO to a surplus of funds in the CNO coffers.
Chief Justice Keen issues a statement declaring "the Cherokee Nation is in a crisis" and Byrd "has set himself up as being above the law" and promises "aggressive action to restore the constitutional government of the Cherokee Nation." Justice Birdwell orders Battles and Thomas to appear in court in Mar. 96 on charges of contempt, they too thumbed their noses at the supposed Constitutional law, apparently that gave authority even for a Court in the Cherokee Nation of Oklahoma's existence.
One of the worst ever days in modern Cherokee history, Byrd hired a non-Indian attorney to provide one of the most ludicrous interpretations of a document in the history of Cherokee involvement with law. The interpretation will be seen as the worst ever that would destroy Cherokee sovereignty since Andrew Jackson. The attorney, Thomas Seymour of Tulsa, and I believe should be noted here Mr Seymour is the husband of Justice Seymour of the U.S. 10th Circuit Appellate Court, was paid $100,000 or more for the act. In the Seymour-Byrd fiasco, Seymour offered an interpretation that could not stand up to ethical and legal analysis by even student of law.
Article V. Legislature, Section 4, emphatically states: "No business shall be conducted by the Council unless at least two-thirds (2/3) of members thereof regularly elected and qualified shall be in attendance, which number shall constitute a quorum."
At no place in the 1975 CNO Constitution, is this superseded, and certainly not in Section 5 of Article V, which immediately follows the ruling requiring a quorum to conduct business and which states: "Special meetings of the Council may be called, upon written request of fifty-one percent (51%) of the members of the Council...
Defying all logic of law, Seymour cited that section as a basis for interpreting a rule to conduct business as a council or a "Council Court" from a quorum of ten to a simple majority of eight. Eight of 15 council members, in the absence of six members, they did and voted to begin impeachment proceedings against the judges of the Cherokee Court.
Eight of 15 members of the council conduct a "court of removal" using a number of frivolous charges and, in an unprecedented act, "impeached" the three justices. The Cherokee Justices refused to Step Down as was reported by the Tulsa World News article.
In the end as the old saying goes it was laughed out of court as the most asinine gibberish ever by a lawyer.
During Byrd´s Tenure he did honor the CNO Constitution's call for a Convention for a new constitution, but it was voted by the commissioners to only revise and amend the 1975 document and it was done, but not yet Ratified by a vote of the Cherokee People, and was not until the national Cherokee election of 2003, in the run-off balloting, was it offered up for ratification, while it was ratified but, not installed as the Governing Document of the Cherokee People until the National election of 2007.
1999, Came the Campaign for the elections to be held , Chad Smith was campaigning hard, and Joe Byrd was a Candidate as well, even though there were all the charges and counter charges all during the supposed Crisis, this writer would rather have call it a dog an pony show, a total farce perpetrated up on Byrd by the Mankiller and Swimmer political Machine of CNO, Joe Byrd never faced any charges and was free an eligible to seek another term in office and he did.
Chad Smith was to face an expose of a marital situation see the details here that should have brought down his career as a Cherokee Politician but did not. I believe the reason was There was NO choice offered the Cherokee People that they felt was viable except for Smith and Byrd, and they were left with a choice of the lesser of two evils, and oddly enough Joe Byrd actually won the vote of the people living in the boundaries of the Cherokee Nation, but when the outland vote came in the outcome changed dramatically Smith won, and this is a scenario that holds with every election of the all New Cherokee Nation of Oklahoma that began in 1975, except for the election of 1987 when Wilma Mankiller won with a landslide of 82% of the vote inside and out.
In the very first year of Smith's tenure he set out to change the name of the Cherokee Nation of Oklahoma (CNO), to the Cherokee Nation, subtly at first while he was forging a con on the federal government, the Cherokee Nation was carried on the federal registry of recognize Indian nations and tribes as the Cherokee Nation of Oklahoma the same as the title of their supposed Constitution of 1975 See it here . he had a phony publication done by a friend with a popular website, with a name change and a listing of several items from the revised Constitution not yet ratified as if they were law see it here and the same people altered the name of the Cherokee Nation of Oklahoma's Document and published it as if the name had been changed, as you can see in the link above it reads "Cherokee Nation of Oklahoma"
In this one notice the word "of" is removed, then to further show the attempted name change upon the Cherokee People and the world, we as members of the CNO are issued membership cards called a blue card, here you can see a picture of my first one issued in 1981 see it here , back in 2005 I decided to become a Keetoowah and to do that I had to turn in my CNO blue card, and after becoming a Keetoowah I went back to CNO and demanded my blue card back, they said aren´t you a Keetoowah now, I said that´s none of your business, I am a Cherokee and I want my blue card back, they finally said we can't do that we destroyed it, but we can issue a new one, and they did see it here and if you will note the name change of the entity, though to date the, 99 Constitution is not approved by the BIA, and the name of CNO is still the Cherokee Nation of Oklahoma. also note on the Signature line of both cards, it is kind of hard to read, but it says I am a Tribal Member not a Cherokee Nation Citizen...
Then to further show the Federal Government has not approved the Constitution as the Congressional act that includes Plenary control over Indian affairs that says the President or his designee will approve the business of Tribes, Nations etc., when the Constitution was submitted to the presidents designee for approval the BIA, they denied approval and sent back a list of the things wrong with the document which you can see here
But, CNO is determined it will rule the Congress of the United States, in 2003 an item was place on the ballot in the run-off Election of the CNO, that included the Removal of the Presidents approval of Cherokee business, which includes election laws, voting and constitutions, and amendments along with a ratification vote of the Document in question, it passed, the people were con into believing the Cherokee People can over rule the Congress of the U.S. the vote passed, but nothing was done, because they knew it was not legal, so in 2007 they added a vote for approval of the people to place the 99 revised Constitution in place retroactive to 2003 and called it the 2003 Constitution, again the people were conned, and the vote passed, there was a court challenge made as to the legality of the act, Chad Smiths majority controlled judges of the court ruled the election and the act was all legal, the one judge that Smith did not control wrote a dissenting opinion that is all telling of what the court is and has done, see it here a simple reading of this will give you a clue what the majority ruling says. In 2003 the Freedmen filed a federal lawsuit against the BIA for allowing the CNO to conduct an election in 2003 where they as Cherokee Citizens were not allowed to vote you can see the suit here supposed to be a hearing the 6th of May this year 2008, and hopefully a positive conclusion for this class of Cherokee people will be made.
The judge issued a stay giving CNO a chance to allow the Freedmen to get registered and vote in the 2007 election that was to kick them out, Smith and cohorts perpetrated a hoax on the court, and hopefully the court will see this and act accordingly, the Freedmen were restricted in their registration and stalled so that very few actually got to vote. In the meantime the Congressional Black Caucus has gotten involved an has offered up a bill that will cut CNO'S federal funding just like they did to the Seminole Nation of Oklahoma for the exact same action, where they tried to kick out their Freedmen citizens, the feds shut off their funding and brought them to their knees, CNO is no different they should have to abide by law just like the Seminole, they are able to stall around on two fronts, number one being riches from the 8 casino's to fight with, and the number of CNO members in high places of the BIA such a Ross Swimmer, Pat Ragsdale, and his wife Paula, David Mullen an attorney, Phillip Viles an ex Justice in Chad´s court of the Cherokee and others. Hopefully Judge Kennedy Is not swayed by these factors, after all its a simple matter of law, and whether he will have the guts to carry out the law is to be seen, if not then it will be up the Congress of the U.S..
Cherokee Nation of Oklahoma Today, History in the making!
On the pages, of Cornsilk's Website you will find different things in regards to what has happened, and what goes on today in the Cherokee Nation of Oklahoma and what some Cherokee think, by way of words written and posted some where on the Internet...
And by deduction ascertain what will happen to the Cherokee People of the Historic Cherokee Nation, by acts of the usurper of the Peoples Sovereign Rights the Cherokee Nation of Oklahoma (CNO) and when you see the Acronym (CNOT) it stands for Cherokee Nation of Oklahoma (Traitors) Coined by a Cherokee "Robin Mayes" for the leadership of CNO'S adherence to the Treaty Party ways of Old and their treason against the Cherokee People; thus the name (CNOT).
While the owner of the web site John Cornsilk is thoroughly convinced the Cherokee Nation of Oklahoma is a BOGUS entity, illegally constituted, and the materials that can be found at Cornsilks.com is for your review to make your own determination as to whether you think it is or not! Something to consider for the Next Cherokee Election, Should the Cherokee Peoples Nation withstand the destruction being perpetrated upon it by Chad Smith and all his Caucasian looking cronies exampled by this photo of David Stewart CEO of the Cherokee Enterprises of CNOT, the person that oversees the gaming arm of CNOT and this photo of the CEO Brad Carson of CNOT'S business arm both blue membership-card toting voting supposed Cherokee...
A number of top CNOT positions were filled just recently by non Cherokee full blood caucasian, with words by Smith in attempt of justification for the bypassing of Cherokee people for good paying jobs, at the last Council Meeting, "There are no educated Cherokee for these positions" he said...
Could it be the only solution maybe the dissolution of (CNOT), by the Congresswoman
Watson's Bill waiting in the wings!
with the Cherokee Peoples Government being returned to them, to be revived as per 1839 Constitution of the Cherokee People by the Cherokee People, for the Cherokee People f CNOT...
During the Trial in 2003 of charges of a fraudulent election in the CNOT court, where it was proven quite conclusevly Simth was ineligible as a Candidate or to serve as the Principal Chief of the Cherokee People and the ruling was there was nothing wrong with the results. A question asked several times, the first time of me back in 2003, which was "Has the elections of the CNO always been this crooked?" I wrote a short piece in answer, I entitled it,
"Blast from the Past" , and folks this scenario can be applied to each and every election of the Cherokee Nation of Oklahoma in some form since the birth of (CNOT) by R.O. Swimmer in 1975!
In fact a deduction can be made by comparing, what I wrote and the case filed in the JAT, all the testimony that conclusively showed problems with the election of 2003, and the subsequent Ruling By the JAT for the Administration, found nothing wrong...
Chad Smith Gave away the Arkansas Riverbed with the aid of then U.S. Congressman A voting Cherokee Brad Carson, some of us tried to stop them via the JAT, the Judicial arm of CNOT, you can see the filings and rulings on their site, but to no avail.
See the bill by: Brad and Chad that gave away the Riverbed.
Mankiller While Chief tried this with the aid of then Congressman Mike Synar now deceased. The People rose up and demanded an end to it. Here is a link to an article written by David Cornsilk: Mankiller Riverbed debacle
In 1983 RO Swimmer began the process of stripping a class of Cherokee Citizens of their citizenship, Cherokee Freedmen Descendents: See John C's Article The Freedmen Story!
Cherokee, CNO Member!
To be Continued: