The Department of Justice won't investigate how the Five Civilized Tribes are treating their Freedmen, citing pending litigation on the controversy.

In a letter to Rep. Tom Cole (R-Oklahoma) and Rep. Dan Boren (D-Oklahoma), Assistant U.S. Attorney General Ronald Weich said the Obama administration will continue to "monitor" the situation. But he said the department won't be taking action while a case involving the Cherokee Nation and its Freedmen remains in federal court.

Other members of Congress called on DOJ to investigate the Cherokee, Choctaw, Creek, Chickasaw and Seminole nations. They said the tribes have violated post-Civil War treaties in which they agreed to treat the Freedmen as citizens.

"This is a matter that the federal and tribal courts should decide," Cherokee Nation Chief Chad Smith told The Cherokee Phoenix.

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Justice Department refuses to investigate Freedmen matter (The Cherokee Phoenix 11/24)