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McGirt Decision
Posted: Aug 14, 2024 2:58 PMUpdated: Aug 14, 2024 3:21 PM
Kane, Brecheen and McGirt
Tom Davis
US Congressman Josh Brecheen (CD 2-OK-R) was the guest speaker at the Bartlesville Kiwanis Club meeting at Lyon Hall at the Center in Bartlesville on Wednesday.
Congressman Brecheen gave an info graphic presentation on the huge national debt, how we got to this low mark as a nation and what measures could be taken to correct the problem. However, a question posed by a local attorney, rancher and state officeholder regarding the US Supreme Court's McGuirt decision and a recent theft at his property by a tribal citizen turned the event around quickly.
Here is the transcription/audio link of the conversation between Jess Kane and US Cnngressman Josh Brecheen:
And Jess is right in terms of, the reality is that, I'm trying to be careful because I don't want to say things that would throw anybody under the bus, but the reality is, I'm convinced Congress is not going to do anything on this. I'm convinced that lobbying dollars, because this thing is so complex, so complex, and since I got back into politics I've been trying to study and learn on it, and because it's so complex, and because you're going to have to, I tried to bring in a member of Congress and educate him on this, and it's so difficult to get one member coming into Oklahoma educated on this, that the ability to get other members educated and vote with you on a position, Jess, it's just not going to happen. Because you're
And so whether I'm wrong or I'm right, I actually think I'm right on this. I think that the way to solve this is what we are trying to do as an office. What you don't know, Joseph, raise your hand, Joseph Silk and I served on the State Senate together, in the State Senate together, and Joseph, Joseph has been tasked, we've moved him off of field rep duty, specifically, Joseph is doing nothing but, that's a few county representation, and a veterans issue, I put him on today, I asked him to help us with on today, Joseph is working specifically on McGirt, that is his sole duty within our office.
And let me tell you, this is a chance for you guys, it's not a town hall, it's a chance for you to chastise me, okay? I am convinced the only way we're going to change McGirt is for us to be able to go into a table of negotiations and get this out of a litigious atmosphere, and it's for people grieved in their conscience on the tribal side also to agree that this is a perversion of justice. And so what we are attempting to do is this week even, setting down, I'm making some first introductions this week with some tribal leaders, trying to have a first time meeting to talk about McGirt, and as of yesterday I had one of those with one of the more perceived, those that are perceived as not wanting to come to any negotiations, and I sat down yesterday and had a conversation about shared information, about if law enforcement is able to share information, state court network type sharing, also about what happens potentially with the opportunity to dual prosecute, so that somebody might be prosecuted on a tribal side, but also potentially it could also be dual prosecuted on a federal side. So I'm trying to develop some conversations and relationships just to get people to support that which they helped to create.
I'm convinced this is not going to change in Washington, D.C. Now, I'll open it back up to you, because you guys have said Josh, you're not pushing hard enough to run the legislation to be able to introduce it. If I do that, if I try to shove something in place, I'm convinced, then every conversation with me, no one's going to talk to me. This is a chance for you guys to talk to me and say, look, some of you know, I don't take money from tribes.
Jess, I'm trying to find a solution with the way we think we're going to get to a solution. Does it make sense what I'm trying to tell you? If I try to shove a solution that no one's going to talk to us, and then people think that I'm trying to cram something down, and the dollars and the lobbyist money I think will run the day, and litigation is going to be the only solution. I'm convinced of that, and I'm trying to figure out a way where I can walk into a conversation with tribal leaders and say, look, I agree that the United States made treaties, and so part of the conversation here is, we'd like to see a list of the exactness of the treaties, bullet pointed, so that we can be able to say, alright, that's an obligation.
One of the things I'm saying to the tribal leaders is, look, if there's any part of you that's not 100% full CDIB, you know, whether it's Cherokee or Choctaw or Creek, part of you was also the victimizer, not just the victim, right? And so for all of us as Oklahomans, we have to be, you know, emotions are going to take over. We have to look back and go, wait a minute, I may identify only as this or only as this, but if part of my lineage is both, maybe reconciliation is my responsibility, even though I'm a leader of a tribe, right? So, we're trying to build relationships, hopeful that we can get to a solution. I welcome your chastisement, just like I welcome anybody in law enforcement, you know, a Cherokee would say, Josh, you're not doing enough.
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