Monthly Archives: January 2014

Making the case

On Tuesday Jonathan Polloni represented the Mashpee 9 before Federal District Court Judge Denise Casper. He made a salient point when he defended the complaint against the United States… essentially the Department of Interior home of the Bureau of Indian Affairs. He pointed out that it wasn’t about who was elected to the Tribal Council during the chaotic 2009 election, but the fact that tribal law was broken to bring the Cromwell administration to power. And it’s been a wicked ride for 5 years.



Federal District Court Judge Denise Casper had some interesting questions for the US Government

Judge Casper presided over Whitey Bolger’s case.   She is pretty no nonsense.  She seemed intrigued with the way the BIA turned a blind eye to alleged elections fraud.

The fact is the Elders went to Washington on three different occasions to complain and ultimately beg for intervention. The bureaucrats there never pointed them in the right direction. It also seems to support the fact that in Indian Country, no one respects the BIA because they have never done a good job of protecting Native Americans from anything.  It has in fact done an excellent job of abdicating its responsibility to protect indigenous people from harm especially from their own abusive governments….that’s rampant in Indian Country.

The fact that months before the 2013 election the BIA received a stream of documents showing violations and the refusals of the tribal government to hear claims and see proof of unqualified members loaded on to the rolls. Elections fraud is a serious violation when perpetrated anywhere in the United States, tribal nation or not. But in the case of the Mashpee, the government used its standard excuse that “the BIA does not interfere with the affairs of sovereign tribal nations. “  That brought an interesting question from Judge Casper.

” So does the BIA ever intervene in questionable tribal elections?”  The government said, “Yes your honor, but it’s very complicated. “ Wrong answer.

Polloni also pointed out the fact that all internal legal avenues were exhausted, and at each step of the process, tribal law was violated.  A very unique dilemma for the Mashpee. The MWT tribal sovereignty is incomplete because we do not have land in trust. Which means  we have a tribal court without authority or enforcement powers and “the do nothing no matter what”  BIA  which means we have no redress.  No where for us to go  to get justice …accept Uncle Sam.

Of course the Cromwell administration and their band of lawyers have known this all along and have taken full advantage of our 5 years of limbo status.  This has resulted in the treadmill land in trust process and the spiraling debt that will be $92 m shortly. The tribal members have absolutely nothing and can do nothing to stop the abuse. Somebody should be paying attention to that little discrepancy, eh ?

Judge Casper said she would take the motion to dismiss under advisement.  Which means she may want to check some things out.  But it was not what the government wanted to hear or the tribal lawyer who sat in the corner of the courtroom listening intensely. He was the same tribal lawyer who makes big bucks and condescended to Nellie Hicks Ramos in tribal court 2 years ago on this very issue, requesting an investigation and the production of the voter sign in  sheets. They wanted the case dismissed too.  But apparently the government didn’t make a good case for that.   Judge Casper could still dismiss it. She could also order the investigation or go to trial.  Hopefully she does something that will end our long nightmare.

Apparently the decision was bad enough to make the tribal lawyer and his pr buddy bolt from the court room to give Cedric Cromwell the bad news. He had no comment in any of  the Wednesday news stories. Hmmmmmmmmmmmmm.

Also, when Jonathan Polloni tried to use the search mode of the BIA website Tuesday night …..It wouldn’t work.  Wow.







Rolling up on $92 m and not even a Pantry to show for it? ?

There’s no need for a compact if you don’t have Land in Trust…The media continues to point out that securing this very important part of Native American sovereignty is a huge problem for us.

The Compact was approved by default, without the BIA’s official approval. It’s similar to what governors do when they don’t want their finger prints on a bad piece of legislation. They let a bill become law without their signature.

The BIA’s problem is that it could set off a firestorm of legal action by establishing bad precedent. Other tribes are watching. Since the BIA did not officially approve the  ” onerous ” Compact, that actually violates IGRA, it feels its hands are clean. Everyone is dirty in this deal.

Watchful eyes are on the land in trust process where the tribes’ only way around the US Supreme Court ruling is that there is proof that we were under federal jurisdiction prior to 1934. The BIA blew  that up when we sought recognition. And the documentation to that affect is everywhere.

Rest assured. Genting’s money is flowing.  Let’s see where this goes.


The tribe must still clear a potentially greater legal hurdle of securing federal land-in-trust approval for the proposed casino.


The tribe must still clear a potentially greater legal hurdle of securing federal land-in-trust approval for the proposed casino.

The Taunton Daily Gazette 1/3/14

Obtaining land sovereignty remains a potentially bigger hurdle on the Mashpee’s path to a tribal casino.

It’s all about the ” hurdle. ”
Since we’ve been waiting for Cedric’s” shovels in the ground” for 21/2 years
you’ve got to wonder why we can’t even get a Pantry out of the deal while we wait, and wait, and wait, and wait…

Meaningless Foolishness


What is the compact?

  1. A subterfuge.
  2. Cart before the horse.
  3. Excuse to keep paying the Cromwell Administration
  4. Excuse to praise Jessie (and her sea foam pine needle coo coo  theories)
  5. Will not stop the Massachusetts Gaming Commission from issuing a license to someone else
  6. Ultimate distraction from the fact that WE HAVE NO WAY TO GET THE LAND INTO TRUST TO BUILD THE DAMN CASINO. Can’t build the casino without LIT.

Cedric has never answered how or who puts our land into trust. Right.  More poo poo, caa caa.