indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Cobell historical accounting trial wraps up
Friday, October 26, 2007
Filed Under: Cobell

After just 10 full days of testimony, the trial into the Indian trust fund historical accounting concluded in Washington, D.C., on Thursday.

Judge James Robertson, who was assigned the case last December, called the trial in April. At the time, he said it would "continue as long as necessary," indicating a potentially long haul that could rival prior proceedings in the 11-year-old case.

Those expectations quickly faded as Robertson, throughout the trial, urged the government and the Cobell plaintiffs to keep their presentations short and to the point. It also helped that the judge decided not to visit the Interior Department's Indian records repository in Kansas as he earlier envisioned.

The speedy pace appeared to surprise both parties. Earlier this week, the Cobell team -- after presenting their first witness on Monday -- predicted the trial would end by Thursday or Friday.

The government and the plaintiffs now have until November 30 to present their final arguments. But just what Robertson will do next is anybody's guess.

"He's so hard to read," a visitor to the courtroom said earlier this week.

The Bush administration wants Robertson to keep his hands off the case so that the Interior Department can finish its historical accounting. The latest plan, issued in May, calls for the project to be finished by the end of 2011.

Jim Cason, the associate deputy secretary at Interior who was the government's primary witness, testified that the "2007 plan is a continuation of the work that we have already accomplished, and the 2007 plan is a road map of the activities that we plan to undertake to finish this job."

The Cobell plaintiffs want Robertson to keep a close eye on Interior. They say it's impossible for the historical accounting to be complete due to missing records, inaccurate data and destroyed documents.

"What that means is that the accounting balances cannot be confirmed," Paul Homan, a banker who was the very first Special Trustee for American Indians, testified.

According to his earlier court order, Robertson plans to determine whether the accounting plan satisfies fiduciary trust standards and whether the accounting was "unreasonably" delayed. He has been concerned about the limits and exclusions the Bush administration has placed on the project.

"This trial is about the adequacy of the accounting," Robertson reiterated this week.

Robertson also wants to determine whether the government has cured the breaches of trust that were first identified by Judge Royce Lamberth back in December 1999. The D.C. Circuit Court of Appeals upheld that ruling in February 2001.

But Robertson has said he is guided by some overarching principles that were more recently articulated by the D.C. Circuit. One ruling blocks his court from dictating the details of the government's plans and another requires him to be mindful of the funding limits imposed by Congress.

Trial Transcripts:
Day 1 AM | Day 1 PM | Day 2 AM | Day 2 PM | Day 3 AM | Day 3 PM | Day 4 AM | Day 4 PM | Day 5 AM | Day 5 PM | Day 6 AM | Day 6 PM | Day 7 AM | Day 7 PM | Day 8 AM | Day 8 PM | Day 9 AM | Day 9 PM

Trial Order:
Cobell v. Kempthorne (April 20,2007)

Relevant Links:
Indian Trust: Cobell v. Kempthorne - http://www.indiantrust.com
Cobell v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm

Related Stories:
BIA faulted for trust management in Palm Springs (10/24)
DOJ objected to testimony from Interior attorney (10/24)
Interior attorney set to testify in Cobell case (10/22)
Interior says Cobell suit not worth billions (10/15)
Cason wraps up testimony in trust case (10/12)
Cobell accounting trial opens in DC (10/11)
Cobell historical accounting trial starts in DC (10/10)
CFO Magazine: The Indian trust fund accounting (10/5)
Cobell historical accounting trial starts October 10 (10/1)
BIA agency lacks accounting for millions in trust (09/25)
Audit finds Indian trust management problems (9/24)
Cobell: Upcoming trial tackles important issues (09/19)
Interior attorney to testify at upcoming Cobell trial (9/18)
DOI won't release trust data in Cobell case (9/11)
Interior attorney accused of disclosing trust data (08/29)
Judge opens electronic data to Cobell plaintiffs (07/10)
Another Cobell historical accounting hearing (7/9)
Judge expresses views on Indian trust fund accounting (06/19)
Hearing on Cobell historical accounting trial (6/18)
Cobell prepares for court battle on accounting (5/30)
Cobell prepares for historical accounting trial (5/18)
Judge prods DOI on Indian trust fund accounting (5/15)
First status conference for Cobell accounting trial (5/14)
Cobell status conference pushed back to May 14 (05/02)
Attorney calls $7B Cobell offer pennies on dollar (4/24)
Cobell heads to landmark accounting trial (4/23)
Judge orders Cobell accounting trial for October 10 (4/20)
Jodi Rave: Cobell calls for accountability (4/12)
BIA office in Palm Springs criticized by landowners (4/11)
BIA office in Palm Springs under investigation (4/10)

Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Alcohol a common factor in Rapid City murders (1/29)
Ivan Star: Ignoring alcoholism leads to destruction of the Lakota (1/29)
John Barrasso: Empowering Indian Country in the GOP Congress (1/29)
Criminal charges possible over mistreatment of Indian students (1/29)
Seneca Nation doesn't foresee taking action on legal marijuana (1/29)
Elderly member of Colville Tribes seriously injured in hit and run (1/29)
Fifteen charged over theft of Yakama Nation scholarship money (1/29)
Judge orders self-proclaimed 'shaman' back to custody in Texas (1/29)
Nevada City Rancheria objects to leasing of land to another tribe (1/29)
Mississippi Choctaws to hold grand opening for new $55M hospital (1/29)
Opinion: Celebrate the Native origin of the Seattle Seahawks logo (1/29)
First Nations Experience to grow with $6M from San Manuel Band (1/29)
Governor won't rethink Menominee Nation off-reservation casino (1/29)
Cayuga Nation back in court to defend Class II gaming operation (1/29)
Mohegan Tribe reports increase in revenue at gaming enterprise (1/29)
Gaming machines at non-Indian tracks stir controversy in Idaho (1/29)
Native Sun News: Tribes ask Obama to deny Keystone XL permit (1/28)
Native Sun News: Native youth take stand against Keystone bid (1/28)
Tara Houska: Respect treaties and reject Keystone XL Pipeline (1/28)
Mark Trahant: Obama administration steps up for environment (1/28)
Senate Indian Affairs Committee holds first meeting & hearing (1/28)
House committee won't restore Indian and Alaska Native panel (1/28)
Opinion: Affordable Care Act offers behavorial health services (1/28)
Sami Jo Difuntorum: Support needed for Indian housing update (1/28)
Albert Bender: Stop glorification of Indian killer Andrew Jackson (1/28)
Amanda Blackhorse: Navajo leader defends racist NFL mascot (1/28)
Megan Red Shirt-Shaw: Our kids should be able to go anywhere (1/28)
Police probe racist treatment of Oglala youth at hockey game (1/28)
College basketball player proud to serve as Native role model (1/28)
Auburn Community buys stake in rock music festival company (1/28)
Former Pueblo leader ready to change plea in $3.6M theft case (1/28)
Young member of Meskwaki Tribe pleads guilty in murder case (1/28)
Mississippi Choctaws to debut casino after $70M in renovations (1/28)
Catawba Nation waits for BIA decision on off-reservation casino (1/28)
Member of Chehalis Tribe working on $40M expansion of casino (1/28)
Opinion: Decision on Menominee Nation casino makes no sense (1/28)
Editorial: Approve off-reservation casino for Ho-Chunk Nation (1/28)
Native Sun News: Chair of Lower Brule Sioux Tribe blasts report (1/27)
Native Sun News: Lummi Nation eyes halt to coal export project (1/27)
House Natural Resources Committee set to hold first meeting (1/27)
First-ever conference to focus on marijuana in Indian Country (1/27)
Fort Peck Tribes moving towards full legalization of marijuana (1/27)
8th Circuit rules against Indian inmate in religious rights case (1/27)
Jennifer Denetdale: Film glosses over violence in border towns (1/27)
Isadore Boni: An Apache AIDS survivor completes first marathon (1/27)
Osage Nation expects to see $7.4M in Cobell consolidation offers (1/27)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.