Posted on 11/15/2005 12:59:45 PM PST by SmithL
WASHINGTON -- A federal appeals court decided Tuesday that it was unreasonable to require a historical accounting of money the government has been managing for Indian tribes, saying the bookkeeping chore would "take 200 years."
The U.S. Court of Appeals for the District of Columbia sided with the government and the tribes in their effort to block a lower court order for a detailed tally of money owed the tribes going back to 1887.
The accounting had been ordered by U.S. District Judge Royce Lamberth, who is overseeing a class-action lawsuit in which thousands of Indians claim they were cheated out of more than $100 billion in oil, gas, grazing, timber and other royalties overseen by the Interior Department.
In their appeals, the government and the Indians argued that the massive historical accounting Lamberth ordered would cost up to $13 billion — far more than was reasonable.
On Tuesday, a three judge appeals panel agreed, overturning the accounting and calling Lamberth's decision "ill-founded," an abuse of discretion and was not favored by either side in the lawsuit.
(Excerpt) Read more at sfgate.com ...
How?
You terrible racist Osage-ian! Where are your sensitivities?! (sarc dial way up)
"The fact that an Appeals Court said he "abused his discretion" is quite a reprimand."
Depends on which appeals court. The USSC ordered the 6th Circus to reverse the conviction of a farmer for violating the Clean Water Act in consideration of a 2001 SC decision. The 6th Circus told the SC to go to hell, changed the definition of navigable to include evaporation and convicted the farmer again.
Needless to say, the fascist clowns are still sitting on the bench.
Good Summary. I have been following this story as well.
FWIW, I think that much of this involved a lack of understanding of how the government systems and computers worked. I can't say for certain, but I believe that much of the feeling that the monies were poorly accounted for was, at least partly, a lack of understanding of the same.
NO!!! It was Bruce B-B-B-Babbitt. Sec. of Interior for BJKlinton. In fact, he was fined a considerable amount of money, which was paid by the tax payers. (government said it was their's). The case was (conviently) continued until the next administration took office and the current SOI took over.
To be fair, Klintoon's administration was not responsible for the mismanagement of the files in question (government incompetence for generations) but they were court ordered to find the answers, to which they stalled, stymied, delayed, and obfuscated the evidence. It is my opinion that Klintoon found a way to skim some of those "unknown dollars" for his personal, or party, use. We will never know now.
NEVER, EVER, MAKE A DEAL WITH THE GOVERNMENT!!!!!!!!
but you do my friend, you do. We all do.
Nobody is going to be held for the disappearance of millions upon millions of dollars. That leaves the door wide open for more theft. But what the hell, they're just Indians (sarcasm)
Thanks. Partly it was, but was essentially an attempt at the greatest scam ever perpetrated. The only true sample taken was of all of the Plaintiffs' leases and went all the way back to 1909. The sample found only $67 of incorrectly applied funds. From that, and because records going back to 1872 were pretty incomplete, the plaintiffs now want $176 billion. Lamberth has never asked the plaintiffs for one iota of evidence to support such a demand. What he has permitted is the plaintiffs demand that "if you can't prove you don't owe it to us, then by default, you do." The Department has tried every conceivable way to work with plaintiffs, but with the judge on their side, to no avail.
Yes, and Bennett was fined $600,000 for contempt of court, because he didn't do anything about it. But, guess what, the fine was paid out of YOUR tax money because he as Secretary, can not be personally held accountable.
Thanks for the info. That is what I had a feeling was the case.
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