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Judge's plan faulted in Indian trust case
AP ^ | 12/10/4 | JOHN HEILPRIN

Posted on 12/10/2004 4:43:22 PM PST by SmithL

WASHINGTON -- In a victory for the government in a long-running dispute with American Indians, a federal appeals court threw out on Friday most of a judge's plan for making the Interior Department account for billions of dollars the Indians say they are owed.

The appeals court told the judge he could no longer "micromanage" how the system gets fixed.

The ruling means Interior can propose its own plan rather than create a recipe based on ingredients preordered from the bench. U.S. District Judge Royce Lamberth then would assess the result.

"Yet the court may not micromanage court-ordered reform efforts ... and then subject defendants to findings of contempt for failure to implement such reforms," Judge Stephen Williams wrote for a unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.

(Excerpt) Read more at sfgate.com ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events
KEYWORDS: activistjudge; indian; slapdown
EXCELLENT!

I love it when an Activist Judge gets slapped down.

1 posted on 12/10/2004 4:43:22 PM PST by SmithL
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To: thangdatrang

ping


2 posted on 12/10/2004 4:47:22 PM PST by rocksblues (No more Kerry, no more polls!)
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To: SmithL

Looks like the Indians will get screwed again.


3 posted on 12/10/2004 4:51:39 PM PST by sgtbono2002 (If God doesnt destroy Hollywood he owes Sodom and Gomorrah an apology.)
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To: sgtbono2002
Looks like the Indians will get screwed again

Don't be so sure. Check out the record of U.S. District Judge Royce Lamberth. You might be pleasantly surprised.

4 posted on 12/10/2004 4:53:33 PM PST by Coyoteman
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To: sgtbono2002

>>>Looks like the Indians will get screwed again.


Probably not, They will get a Executive branch settelment that meets the requirements of the decree, rather than years of management by an activist Judge.

The judge was bitch-slapped, not the indians.


5 posted on 12/10/2004 4:55:21 PM PST by konaice
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To: SmithL

I'm hoping that Judge Lamberth will finally allow the Bureau of Indian Affairs to reinstate their websites.. they have been shut down now for 3 years by his order and you cannot get ANY information about the BIA. And for us Native Americans, that really sucks..


6 posted on 12/10/2004 4:59:43 PM PST by Thanatos
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To: Thanatos

BIA's websites still down? wow....and I thought it was irritating that some of the BLM wildfire related sites were temporarily down....and not nearly as long, either...


7 posted on 12/10/2004 5:07:44 PM PST by Knitting A Conundrum (Act Justly, Love Mercy, and Walk Humbly With God Micah 6:8)
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To: konaice
Lamberth is not an activist.  He's been dealing with this case for years and the Interior Department under Clinton behaved absolutely atrociously during the course of the trial.

The plan which was partially thrown out was a direct result of Interior's complete bungling and contempt and could easily been avoided had Interior produced documents and pleadings when they were ordered to.

If I were up on Federal charges....and I was guilty, I certainty wouldn't want Lamberth presiding.  He held Clinton Administration officials in contempt of court on at least two occasions I can recall.

He's a great judge....relatively speaking.

8 posted on 12/10/2004 5:58:30 PM PST by Psycho_Bunny (“I know a greag deal about the Middle East because I’ve been raising Arabian horses" Patrick Swazey)
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To: SmithL

Lambeth s a good guy.


9 posted on 12/10/2004 6:40:49 PM PST by expatpat
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To: SmithL

What do you mean excellent? The BIA lost BILLIONS of dollars that was held in "trust" for indians - it was the Indians' money, not the feds, not taxpayers - it was the Indians' money, and they lost it, stole it, or otherwise misappropriated it.

If you think that is "EXCELLENT", then you belong on a Liberal Board, not a conservative one.


10 posted on 12/10/2004 10:29:49 PM PST by Chad Fairbanks ('Hate' is just a special kind of Love we give to people who suck.)
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To: Chad Fairbanks

Every time this ACTIVIST JUDGE opened his mouth, he cost the taxPAYERS money. He was trying to run the executive branch from his bench, and he got slapped down. And again, I say, EXCELLENT!

Moving on, I'll agree with you that the BIA has screwed up, royally, and they are the ones that need to fix their problem.


11 posted on 12/10/2004 10:51:44 PM PST by SmithL (People who are willing to accept everything, don't believe in anything.)
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To: SmithL

Ok, I can agree with that - if this judge is as bad as you say...


12 posted on 12/10/2004 10:52:38 PM PST by Chad Fairbanks ('Hate' is just a special kind of Love we give to people who suck.)
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To: SmithL

Judge Lamberth is one of the good guys.


13 posted on 12/10/2004 10:55:18 PM PST by MamaLucci (Libs, want answers on 911? Ask Clinton why he met with Monica more than with his CIA director.)
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To: Chad Fairbanks
This Judge is hard to nail down. He was appointed by Reagan, and was instumental in the case against Clinton. On the other hand, check this out:

Federal Judge Royce Lamberth is best known for the ease with which he approved dozens of discovery motions that allowed fellow conservative Larry Klayman of Judicial Watch to dig into the public and private life of President Bill Clinton. But Lamberth was considerably more strict last March, when he raised procedural concerns about a requested FBI wiretap involving a member of the Palestinian terrorist group Hamas. Lamberth's doubts sparked an internal investigation at the Bush Justice Department into the FBI's monitoring of several terrorist organizations, including Osama bin Laden's Al Qaeda network. That inquiry, officials told The New York Times, "might have hampered electronic surveillance of terror groups." http://www.findarticles.com/p/articles/mi_m1316/is_10_33/ai_79515182

It's his attacks on Interior that really seem off-the-wall, more like a petty dictator than a judge. On the other hand, he seems non-partisan, just anti-Interior.

14 posted on 12/10/2004 11:03:28 PM PST by SmithL (People who are willing to accept everything, don't believe in anything.)
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To: SmithL
A contemptuous crew: Clinton gang snubs the courts

Judge: Clinton Administration Violated Tripp's Rights

Judge orders [Clinton]White House to produce e-mails.

15 posted on 12/10/2004 11:21:44 PM PST by MamaLucci (Libs, want answers on 911? Ask Clinton why he met with Monica more than with his CIA director.)
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Comment #16 Removed by Moderator

Comment #17 Removed by Moderator

To: SmithL

This is one of the decent judges. He held Bruce Babbitt for contempt for lying over the mishandling (lost millions of dollars) of trust money. The dept of Interior has never been able to explain what happened to it.


18 posted on 12/11/2004 9:00:37 AM PST by JustAnotherSavage ("As frightening as terrorism is, it's the weapon of losers." P.J. O'Rourke)
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To: SmithL

-"...account for billions of dollars the Indians say they are owed."-

We don't owe you squat. We conquered this land, and we didn't have to give you anything. Not only that, your "people" would've died out a long time ago were it not for civilization. In addition, gambling casinos AREN'T a proud Native American tradition.


19 posted on 12/12/2004 5:28:35 AM PST by AmericanChef
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