Washington, D.C., September 10: In a significant victory for Indians seeking a full accounting of their trust funds and full accountability for mismanagement of the Individual Indian Trust, an independent three-judge panel of the U.S. Court of Appeals for the District of Columbia unanimously reaffirmed Judge Lamberth's decision and sharply rebuked Interior Secretary Norton in her improper efforts to withhold critical information from the Indian trust beneficiaries throughout her troubled trusteeship.
The Court of Appeals held that Secretary Norton has “waived” any rights to challenge “the District Court’s application of the fiduciary exception to the attorney-client privilege and the work product doctrine”. The Court of Appeals therefore dismissed the appeals “with prejudice” and permitted plaintiffs ’ costs to be assessed.
In addition, the appellate court ordered Ms. Norton in her individual capacity to show cause why she should continue to participate in these proceedings and thereby allow her personal counsel to run up legal fees at tax payer expense. To date, her personal counsel has been paid approximately $500,000, primarily for an amicus brief in a prior appeal in this case.
Elliott Levitas who has led the appellate defense for plaintiffs explained the importance of this ruling:
"This ruling is important for three reasons: First, it reaffirms the decision of Judge Lamberth that the Individual Indian Trust is governed by trust law and that Secretary Norton as a trustee-delegate cannot withhold information material to either her misconduct or to the management of the Trust. Second, it reaffirms the February 2001 decision of the Court of Appeals that the United States government owes the highest fiduciary duties to 500,000 individual Indian trust beneficiaries and is in breach of those duties. Third, it is a warning that the continued meddling of Ms. Norton's personal lawyer in this litigation -- which involves only the U.S. government not Ms. Norton personally -- will not be countenanced further."
Indian Trust
To view the latest information concerning this case, go to http://www.indiantrust.com
and see the Indian Trust articles in our International Law section.
Please also see:
The Case of Leonard Peltier; Native American Political Prisoner:
http://www.freepeltier.org/
(His birthday was Friday.)
The Court of Appeals held that Secretary Norton has “waived” any rights to challenge “the District Court’s application of the fiduciary exception to the attorney-client privilege and the work product doctrine”. The Court of Appeals therefore dismissed the appeals “with prejudice” and permitted plaintiffs ’ costs to be assessed.
In addition, the appellate court ordered Ms. Norton in her individual capacity to show cause why she should continue to participate in these proceedings and thereby allow her personal counsel to run up legal fees at tax payer expense. To date, her personal counsel has been paid approximately $500,000, primarily for an amicus brief in a prior appeal in this case.
Elliott Levitas who has led the appellate defense for plaintiffs explained the importance of this ruling:
"This ruling is important for three reasons: First, it reaffirms the decision of Judge Lamberth that the Individual Indian Trust is governed by trust law and that Secretary Norton as a trustee-delegate cannot withhold information material to either her misconduct or to the management of the Trust. Second, it reaffirms the February 2001 decision of the Court of Appeals that the United States government owes the highest fiduciary duties to 500,000 individual Indian trust beneficiaries and is in breach of those duties. Third, it is a warning that the continued meddling of Ms. Norton's personal lawyer in this litigation -- which involves only the U.S. government not Ms. Norton personally -- will not be countenanced further."
Indian Trust
To view the latest information concerning this case, go to http://www.indiantrust.com
and see the Indian Trust articles in our International Law section.
Please also see:
The Case of Leonard Peltier; Native American Political Prisoner:
http://www.freepeltier.org/
(His birthday was Friday.)