Guest opinion. Sometimes the truth is hard. To me, as principal chief of the Cherokee Nation, this truth is not even a speed bump: the United Keetoowah Band of Cherokee Indians in Oklahoma is an active threat to the sovereignty of the Cherokee Nation. That threat and the UKB endanger public safety. Maintaining public order and our legal rights is worth protecting. I will do that as long as I hold this office.
Cherokee Nation existed before the founding of the United States. In every “Cherokee” treaty with the United States, the Cherokee Nation was the exclusive tribal nation involved. All of our treaty rights – including our final and binding Treaty of 1866 – as well as every other inherent, judicial or Congressionally recognized feature of the sovereignty of the “Cherokee Nation” belongs solely to the Cherokee Nation.
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Two groups were recognized after the removal of Cherokee – and after our hard-fought and enduring path to unity. The Eastern Band of Cherokee Indians was recognized in the late 19th century and granted sovereignty over a reservation known as the Qualla Boundary in the early 20th century. The UKB was created in 1946 by act of Congress, with a single sentence allowing its recognition in 1950.
None of these bands have treaty rights with the United States. Neither band has any jurisdiction over the Cherokee Nation Reservation, aside from an ill-defined administrative authority that the UKB exercises in its government complex.
All this means that the federally recognized Cherokee Nation and the two Cherokee bands are sovereign Indian nations with government authority. We simply do not have the same authority.
It is notable that UKB does not have any criminal jurisdiction over the 7,000 square kilometer Cherokee Nation Reservation. No.
The residents of Cherokee County found that out the hard way. Recently, a person driving through Tahlequah who was allegedly driving under the influence was arrested and charged with driving under the influence. The defendant’s attorney urged the court to suppress all evidence related to the traffic stop on the grounds that the UKB officer was not authorized and did not have the legal authority to detain or arrest anyone .
It’s all public in an otherwise unclear case of Oklahoma vs. Force.
The UKB employee, like all UKB Lighthorse “Police” personnel, did not have the legal authority to pull over vehicles, let alone arrest anyone, which she did.
Everyone is presumed innocent until proven guilty. The residents of Cherokee County – and indeed the entire state – may never get the chance to appear in court to determine whether the defendant endangered lives by driving drunk. The only reason for this is that the UKB, posing as a police force, botched a prosecution of an alleged drunk driver.
In the warped priorities of the UKB leadership, the perceived gain of creating a perception of authority outweighs the obvious risk of knowingly botching a DUI arrest. The UKB has invested decades, not in the public interest, but in a fact-free theory to invent history in the service of growing power, placing the UKB on equal or superior footing to the Cherokee Nation when it comes to tribal sovereignty and jurisdiction. The country spends hundreds of thousands of dollars on lobbyists and lawyers to realize this fantasy, at the expense of their people and public safety.
This theory is not supported by facts or law. The US courts and Congress never passed it. A federal agency briefly bought it in, but quickly put an end to the situation.
The UKB is so committed to its absolute lie that it puts itself in the shoes of the Cherokee Nation and continues to bring the lie to a farcical conclusion. For the UKB ‘officer’ involved, this means that someone who I can only imagine would be keen to serve the public in the field of law enforcement is being put in a position where he is essentially wearing a police outfit. It means that people like the suspect in the alleged DUI case, if he were guilty, will likely escape responsibility. It means people can be hurt, lives can be lost and justice cannot be served. The UKB Lighthorse – which has no legal authority – “polices” in and around Tahlequah every day. It has to stop.
At Cherokee Nation, we take seriously not only tribal sovereignty, but also public safety. That’s why we invest approximately $75 million annually in public safety, law enforcement, criminal justice and victim services. That’s why we have cross-deputation agreements with every law enforcement agency within the reservation. UKB has zero. That is why in recent years we have provided massive law enforcement partner grants to all of these jurisdictions and signed memoranda of understanding with each of them, reaffirming the Cherokee Nation’s role as the exclusive tribal sovereign on the reservation. That’s why we provide annual funding from motor vehicle tag revenues to law enforcement agencies.
This dispute is not about pride or ego. It’s about right and wrong. I cannot fulfill my oath of office if I do not defend Cherokee sovereignty against all aggressors. We have many. Some hold powerful positions in state government, the federal government and in the private sector. You have come to know many of these figures by name in recent years. As a result, many Cherokee citizens have spoken out in defense of your tribe’s sovereignty.
Because we are descended from the same people who have endured so much together, and who share in all the good, the bad, the joys and the heartaches and the hopes of our shared society – including, in many cases, belonging to the same families – it is It pains me to once again report that the UKB government poses a serious and active threat to the sovereignty of the Cherokee Nation. The UKB, with its frivolous claims to our treaty rights, poses an existential threat to the Cherokee Nation.
It’s painful for me to write this, but it’s not difficult. I know my oath. I know the facts. I know the law. I know the truth. As long as I hold this office, I will defend the sovereignty of the Cherokee Nation against any attack, including that of the UKB. But all citizens of the Cherokee Nation and our allies can remain vigilant against those who seek to write a false history.
Chuck Hoskin, Jr. is the principal leader of the Cherokee Nation.
