Oklahoma tribes face battle with new attorney general

TULSA, OK—There are deep and ethically questionable roots in those Oklahoma politicians opposing the landmark 2020 United States Supreme Court ruling in McGirt v Oklahoma. Opposition consists mainly of conservative Republican Governor Kevin Stitt and his newly appointed Attorney General, John O’Connor.

In McGirt v Oklahoma the Court ruled 5-4 that the Oklahoma Enabling Act of 1906 never disestablished much of eastern Oklahoma as Indian reservation land. As a result, only the tribes and the federal government can prosecute Natives accused of crimes committed on these lands.

Aligning himself with the Trump faction of the GOP, Stitt was elected governor of Oklahoma in November 2018. In July 2021 he appointed John O’Connor as state attorney general. O’Connor wasted little time in coming after McGirt. According to the Tahlequah Daily Press, on Friday, August 6, “Attorney General John O’Connor filed a petition with the U.S. Supreme Court, asking it to overturn the 2020 McGirt ruling that the state does not have jurisdiction to prosecute major crimes committed by Native Americans in Eastern Oklahoma.”

O’Connor contends that McGirt leaves many Oklahomans without any law enforcement protection. He describes the ruling as “recklessly overbroad.” Governor Stitt’s office has deemed McGirt “the most pressing issue” threatening Oklahoma’s future.

Cherokee Nation Principal Chief Chuck Hoskin, Jr., said, “After over a century of the state of Oklahoma illegally acting outside of its jurisdiction, it is not surprising there are still defendants who must be tried by tribal or federal courts, still victims who must be supported during this transitional time, and other work that must be done to reverse the suppression of our nation’s justice system. But tribes and our partners have proved themselves up to the task.”

In a July 23 press release from Stitt’s office, Stitt said, “John is the right leader for this moment. As an attorney, John is known amongst his peers to be of the highest competence and integrity, receiving the highest possible ethical and legal ratings during his 40 years of practice.”

However, that high praise was disputed three years ago when the American Bar Association determined O’Connor unqualified when President Trump appointed him as a federal judge.

In their determination, the ABA said, “Regarding professional competence, which encompasses such qualities as intellectual capacity, judgment, writing and analytical abilities, knowledge of the law, and breadth of professional experience, the Committee found Mr. O’Connor to be not qualified.”

The ABA added: “The Committee also evaluated the integrity of Mr. O’Connor by considering his character and general reputation in the legal community as well as the nominee’s industry and diligence. In this category as well, Mr. O’Connor was found to be not qualified. The confidential peer review revealed several instances of ethical concerns, including candor with the court, evidence of overbilling of clients and billing practices criticized by courts, an improper ex parte communication with a court, and improper contact with adverse parties in litigation.”

Stitt’s take on the ABA determination focused on the left v right contention in American politics: “I have zero concerns about the opinion of an out-of-state, liberal special interest group, and I have the utmost confidence that John O’Connor’s high moral character, 40 years of legal experience and willingness to fight for all 4 million Oklahomans make him the right choice.”

Ethical concerns also arise when looking into the recent past of Governor Stitt. The governor is an enrolled member of the Cherokee Nation who strangely enough opposes all the key issues supported by his tribe. But that ancestry has been called into question. According to a February 2021 article at Lost Ogle.com, “Yesterday afternoon, the NY Times covered Governor Kevin Stitt’s bungled, poorly-executed attempt to secure the state a bigger chunk of gaming revenue from Oklahoma tribal casinos. A lot of what the Times reported has already been extensively covered in the local media, but one revelation stuck out like a colorful circle of chevrons. According to the Times, Kevin Stitt’s lone ancestral connection to the Cherokee Nation – a man by the name of Francis Dawson – may have bribed his way into becoming a Cherokee in the early 1900s. If true, and it probably is, it would mean that Oklahoma Governor Kevin Stitt – a member of the Cherokee Nation – may not have any Cherokee ancestry in his bloodline.”

While Stitt cannot be held accountable for his ancestor’s unethical behavior, it still holds that if the reporting by the Times proves accurate, Stitt is not Native American.

Beyond the question of his actual ancestry, is a deeper ethical concern about Stitt’s former business practices. In 2000 he started a lending company called Gateway. In 2009 Gateway was listed in a Business Insider article as one of the 15 shadiest lenders in the government backed mortgage industry.  According to the Oklahoman, in 2018 Gateway was fined $10,000 by the state of Illinois for a mortgage fraud scheme. According to the Georgia Department of Banking and Finance, Stitt and Gateway were banned for life for managing any loans originating in Georgia. Gateway paid a $2,000 fine and the ban was later overturned so that Gateway can do business in all 50 states.

Stitt also opposed the extra $300 in unemployment benefits, claiming it was causing people not to return to work. In May 2021 Stitt signed legislation prohibiting the teaching of Critical Race Theory (CRT) in Oklahoma public schools. Britannica.com defines CRT as: “…a framework of legal analysis according to which (1) race is a culturally invented category used to oppress people of colour and.(2) the law and legal institutions in the United States are inherently racist insofar as they function to create and maintain social, political, and economic inequalities between white and nonwhite people.”

It is not clear which aspect of that definition Stitt opposes but opponents of the bill assert that the intent is to discourage or eliminate discussion on the history of race related matters, to “whitewash” the dark history of slavery, segregation, etc.

Past and current behavior indicates that the Stitt Administration is no friend of tribes on any issue that concerns them. To this point, there is no indication that the Cherokee Nation will investigate his suspect tribal enrollment.

(Contact James Giago Davies at skindiesel@msn.com)

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