The former Deputy Solicitor is among more than fifty current and former government officials who face civil or criminal contempt charges, including Secretary of Interior Gale Norton. Former Treasury Secretary Rubin and former Interior Secretary Bruce Babbitt have already been held in contempt in this litigation for their failure to produce Trust documents and their cover-up of that failure.

Judge Lamberth's Special Master has already found that under the direction of Mr. Cohen, the Solicitor's Office systematically destroyed e-mail back-up tapes in violation of Court Orders and concealed such destruction from the Court and plaintiffs.
This has had the effect of further crippling the ability of the government to account for billions of dollars in oil, gas, coal, timber and other revenue derived from more than 11 million acres of land held in trust for the benefit of 500,000 current individual Indian Trust beneficiaries.

Elouise Cobell, the lead plaintiff, expressed disgust with the continuing misconduct of the government in this litigation:

"The continuing lack of respect for a United States District Court Judge and the utter disdain that government officials have for 500,000 individual Indian Trust beneficiaries is a disgrace.
"Why the White House relentlessly defends government officials who engage in unlawful and contemptuous conduct at the same time it condemns and prosecutes that same conduct in the private sector is incomprehensible."

As recounted by The Wall Street Journal, Ms. Cobell remembered as a little girl hearing her relatives grumble about Indian Trust accounts poorly maintained by the U.S. government. Years later, as Treasurer of the Blackfeet Nation, she questioned Bureau of Indian Affairs officials about the chaotic state of the accounts.