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FRIDAY, MAY 24, 2002

The Department of Justice is refusing to allow top Indian trust officials to appear before a court investigator accused of disparaging Secretary of Interior Gale Norton.

Trust fund monitor Joseph S. Kieffer III was informed on Wednesday that an upcoming deposition would be delayed at least a month. Sandra Spooner, a government attorney who also faces a court probe, said Bert T. Edwards would not be available to testify under oath about efforts to tell 300,000 Indian beneficiaries how much they are owed.

"This is not to intimate any intent to not cooperate," Spooner wrote in a May 22 letter.

But the announcement, delivered hours after Kieffer expanded his ongoing investigation to include Spooner's handling of the trust fund case, represents just that. Although the delay was tied to the completion of the Department of Interior's comprehensive accounting plan, due June 30, the government made clear its objections to unfettered court oversight.

"Postponing the deposition would also lessen the jurisdictional complications caused by the premature insertion of the judicial branch into the Interior's decision-making process," Spooner wrote.

Additionally, Kieffer was informed that the department would stop providing him with information. Even though he was given a set of documents last week -- "in the spirit of cooperation," according to Spooner -- the department now refuses to turn over memos, records and e-mails "relating to matters beyond the scope of the court monitor's duties and even beyond the court's jurisdiction to review."

Spooner's letter is the latest development in an ongoing battle the Bush administration has waged against trust reform oversight. After insisting upon, and obtaining, limitations on Kieffer's investigations, the government sought to have his latest report rejected, charging that it was filled with unsubstantiated and damaging accusations against Norton.

U.S. District Judge Royce Lamberth hasn't responded to that request but he may be forced to intervene to prevent his official from being hampered. Spooner in her letter suggested only a court order would compel the government's full cooperation.

In addition to Edwards, Kieffer is planning to interview Special Trustee Tom Slonaker and his top deputy Tommy Thompson under oath. He also indicated he would depose Ross Swimmer, who is overseeing the department's "trust transition" effort, because the former assistant secretary was evading his questions.

Related Documents:
Spooner Delays Kieffer (5/22) | Kieffer Expands Probe, Targets Spooner (5/22) | Kieffer Sets Depositions (5/15) | Kieffer Seeks Depositions (5/6)

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:
Audit questions Indian trust security (5/22)
Top trust official comes under fire (5/21)
Norton and court battle on reform (5/20)
Indian Trust: Conflicts of interest (5/20)
Norton challenges court monitor (5/20)
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)