Norton challenges court monitor

MONDAY, MAY 20, 2002

Secretary of Interior Gale Norton's defense team filed last Thursday its response to the most recent report by court monitor Joseph S. Kieffer III.

Norton's lawyers had asked for more time to respond but Lamberth rejected the request. So they submitted their filing -- including one part under seal -- and asked that the report be rejected in its entirety.

The chief complaint is that Kieffer has intervened in Norton's decision making authority by second-guessing her and disclosing her "private" memoranda. The attorneys say his conclusions and findings were made without a full evidentiary hearing and ignore the government's right of due process.

The government also says Keiffer made public documents that are subject to an attorney-client privilege. Norton's defense team asked U.S. District Judge Royce Lamberth to strike these pages from the record, even though they are currently accessible.

They also asked Lamberth to strike all portions of the report that refer to government attorneys as "contemnors." The attorneys said this tarnishes the reputation of their colleagues.

Get the Story:
Interior challenges critical trust report (Federal Computer Week 5/20)
Court's Indian Trust Fund Monitor Assailed (The Washington Post 5/18)
Judge sides with Interior on stored trust files' safety (The Denver Post 5/18)

Today on Indianz.Com:
Norton and court battle on reform (5/20)

Relevant Links:
Indian Trust, Department of Interior - http://www.doi.gov/indiantrust
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Trust Reform, NCAI - http://130.94.214.68/main/pages/
issues/other_issues/trust_reform.asp

Related Stories:
Critical report won't be rescinded (5/14)
Norton deflects misconduct charges (5/10)
Attack on court monitor decried (5/10)
Court report documents trust reform feud (5/3)
Court monitor discusses friction (5/2)
Official: Interior can't stop the 'bleeding' (4/22)
Judge orders trust records to stay put (4/19)
Report slams top trust reform officials (4/18)
Paper clips and lip service for trust records (4/12)
Judge rejects 'improper' request by Norton (2/6)
Special Trustee: Norton report still 'inadequate' (1/18)
Top trust official lacks 'confidence' in reform (1/9)
Trust fund progress testing 'credibility' (10/11)
Trust fund fix risking 'failure' (10/10)
Memo: Solicitor's order was 'intimidating' (10/10)
Infighting delaying trust fund fix (9/20)
Objections delaying trust fund report (9/6)