FROM THE ARCHIVE
Erwin memo incriminates DOJ attorneys in coverup
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THURSDAY, FEBRUARY 13, 2003 Government attorneys have not handled the Indian trust fund case in a "forthcoming and truthful" manner, acting special trustee Donna Erwin wrote in a memo drafted shortly after she was rebuked for misleading a federal judge about her work schedule. In a new newly disclosed document that sheds insight into an incident that left her in tears, Erwin says Department of Justice lawyers made inaccurate and "disturbing" representations about her work schedule. The statements, made in open court, led U.S. District Judge Royce Lamberth to view her as less than truthful, she wrote. "I left quite angry knowing that I had not represented by [sic] schedule to anyone and it was portrayed in court that 'I' had not been forthcoming with my schedule to Justice or the Court," she wrote. Erwin cited the actions of two DOJ attorneys in particular, Michael Quinn and Terry Petrie. Quinn was the one who told Lamberth, during a December 13 hearing, that Erwin "does not expect to be in Washington at all" before the beginning of the year. Yet three days later, Erwin showed up in Washington, D.C., for a trust reform task force meeting. Her appearance prompted another hearing, on December 18, to discuss the disconnect. On the way to the courtroom, Erwin said Petrie appeared more concerned with covering up his role in the incident. He repeatedly asked her to clarify how many times the pair had spoken, she recounted. "I tried to be diplomatic and I turned to him and said Terry I don't recall speaking to you law week," Erwin wrote. When she pressed him on it, she added: "I did not get a direct answer." Erwin adds that the attorneys never provided her with a transcript of the December 13 hearing. When she finally read it, she said Quinn made "disturbing" statements that were not "forthcoming" or "truthful." Lamberth already sanctioned six DOJ attorneys for their role in the mess. Erwin's revelations could add Quinn and Petrie to the list. "The conduct of defense counsel in this matter makes a mockery of all that the Department of Justice stands for," Lamberth wrote in his February 4 opinion. Relevant Documents:
Donna Erwin Memo (December 18, 2002) Relevant Links:
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Cobell v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm Related Stories:
Ashcroft attorneys sanctioned by judge (2/6)
Judge orders another round of Erwin testimony (02/06)
Lamberth slams claimed accounting (12/23)
Erwin faces another round of testimony (12/23)
Erwin storms out of courtroom crying (12/18)
DOI officials may be avoiding court (12/17)
DOI officials ordered to testify (12/16)
Much to blame, except lack of plan, for trust fund (11/18)
Norton submits new court report (11/11)
DOI report to court was changed (11/7)
Court probes Norton's trust fund report (10/11)
Norton 'unfit' to manage Indian trust (9/18)
Trust reform update sheds some light (1/22)
Norton: Trust reform blueprint 'obsolete' (1/18)
Under watch of Swimmer, TAAMS halted (1/18)
Norton signs trust reform update (1/17)
Cason working on trust reform quarterly update (1/16)
Top trust official lacks 'confidence' in reform (1/9)
Judge questions role in trust fund 'circus' (12/20)
Norton ordered to submit trust fund report (12/18)
Official: Trust fund fix at 'great risk' of failure (10/10)
Memo: Solicitor's order was 'intimidating' (10/10)
Interior delaying trust reform report (9/6)
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