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JANUARY 17, 2001

With a Republican administration set to take over the White House, many in Indian Country have focused on the confirmation of Gale Norton as Secretary of Interior, one of George W. Bush's most controversial Cabinet nominees.

At the Department of Interior, Norton would oversee the Bureau of Indian Affairs and other agencies with significant tribal contact. But equally important issues affecting Indian Country await John Ashcroft at the Department of Justice should he be confirmed as Attorney General.

The Department in the past has often been the adversary of tribes by turning a blind eye to cases affecting the federal government's trust responsibilities. Even today, Justice lawyers are defending the government against a billion-dollar trust fund lawsuit, occasionally arguing to limit federal obligations. In recent years, however, the Department has taken a sometimes aggressive role in tribal issues, supporting tribes in controversial and unpopular cases.

In 1998, the Department sided with the Oneida Nation and sought to force New York state into a settlement of the tribe's still-unresolved land claim. By seeking the introduction of some 20,000 private landowners to the tribe's land claims lawsuit, the Department soon became the target of attacks by state officials, including Governor George Pataki (R) and former Congressman Rick Lazio (R-NY).

Although a federal judge eventually ruled against adding the landowners, the issue has left upstate New York with a particular distaste for the Clinton administration. While on the campaign trail, Lazio himself attempted to capitalize on ill sentiments against the government and his opponent -- now Senator Hillary Clinton (D-NY) -- by running a radio ad criticizing the "[President] Clinton lawsuit" as "extreme and wrong."

As Justice spokesperson Cristine Romano pointed out, though, the government is obligated "by law to help right some of the wrongs done to Native Americans when their land was taken from them illegally." Now, laws like these present Ashcroft with a key test of his commitment as the nation's top lawman: Will he enforce them without regard for his personal, conservative beliefs?

Already on the docket for a new Justice Department is a high profile Supreme Court case which again highlights contentions between the new administration and the outgoing one. Pitting Republican concern over states' rights against the government's trust responsibilities, the state of Idaho is seeking to take control of the southern third of Lake Coeur d'Alene from the Coeur d'Alene Tribe.

The tribe's ownership was upheld by a federal court and then by the 9th Circuit Court of Appeals in May 2000 only after the Justice Department intervened on the tribe's behalf.

But legal policies aren't the only issue awaiting Ashcroft. The Department in the past year highlighted a number of critical issues affecting tribal justice by issuing a report detailing overcrowding and underfunding at tribal jails, awarding funding to tribes to start drug courts, and funding programs aimed at stopping domestic violence after reporting American Indian and Alaska Native women were victimized at higher rates than other ethnic and racial groups.

Although Ashcroft has yet to make public his views on these issues in particular, his critics say his record on civil rights and women's rights issues is dismal. They point to his pro-life, anti-gun control, and anti-affirmative action views as indication he will not enforce or support laws and programs aimed at protecting minorities and women.

So far, Ashcroft has defended himself against such criticisms by saying as Attorney General he will enforce laws "as they are written, not enforcing my own personal preference." His Senate confirmation hearings continue today and will likely last until next week.

Relevant Links:
Office of Justice Programs, American Indian and Alaska Native Affairs -www.ojp.usdoj.gov/americannative/whats_new.htm
Office of Tribal Justice - www.usdoj.gov/otj/index.html

Related Stories:
Supreme Court to rule on lake ownership (Tribal Law 12/13)
Grants awarded to combat domestic violence (The Medicine Wheel 12/05)
Congressman's ad attacks land claims (Politics 10/20)
Tribes awarded key funding (Tribal Law 7/7)