Indian Separatist Movement


Idaho - Tribes and Law Enforcement Powers

2009 - Three Supreme Court Rulings

Wisconsin Attorney General Opinion on Tribal Law Enforcement

Indians working with the United Nations


At the same time the WCAR is being held, Non-Governmental Organizations (NGO's) which are limited in their participation at the WCAR, will hold a parallel conference in South Africa. NCAI and the Native American Rights Fund (NARF) have both received NGO status and have been working with the United Nations and other NGO's in securing indigenous participation in the upcoming two conferences. More

NCAI thanks its supporters in helping it establish the Embassy of Tribal Nations. Located at 1516 P Street in the heart of the new 14th Street Neighborhood and Dupont Circle, this property is the new home to NCAI's offices and provides a home away from home for tribal leaders across the country.


President Obama - Remarks by the President During the Opening of the Tribal Nations Conference & Interactive Discussion with Tribal Leaders, November 5, 2009


President Obama signs memo on tribal consultation
Friday, November 6, 2009
Filed Under: Politics

President Barack Obama signed a memorandum on tribal consultation at the White House Tribal Nations Conference, which took place at the Interior Department in Washington, D.C., on Thursday, November 5.

The memo directs all federal agencies to submit a "detailed" tribal consultation plan in the next 90 days. A progress report will be due in 270 days.

"History has shown that failure to include the voices of tribal officials in formulating policy affecting their communities has all too often led to undesirable and, at times, devastating and tragic results," Obama stated. "By contrast, meaningful dialogue between Federal officials and tribal officials has greatly improved Federal policy toward Indian tribes."

The memo also directs the White House Office of Management and Budget to submit a report on the implementation of the tribal consultation policies by the agencies. The report is due in one year.

The full text of the memo is quoted below:

November 5, 2009
SUBJECT: Tribal Consultation

The United States has a unique legal and political relationship with Indian tribal governments, established through and confirmed by the Constitution of the United States, treaties, statutes, executive orders, and judicial decisions. In recognition of that special relationship, pursuant to Executive Order 13175 of November 6, 2000, executive departments and agencies (agencies) are charged with engaging in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, and are responsible for strengthening the government-to-government relationship between the United States and Indian tribes.

History has shown that failure to include the voices of tribal officials in formulating policy affecting their communities has all too often led to undesirable and, at times, devastating and tragic results. By contrast, meaningful dialogue between Federal officials and tribal officials has greatly improved Federal policy toward Indian tribes. Consultation is a critical ingredient of a sound and productive Federal-tribal relationship.

My Administration is committed to regular and meaningful consultation and collaboration with tribal officials in policy decisions that have tribal implications including, as an initial step, through complete and consistent implementation of Executive Order 13175. Accordingly, I hereby direct each agency head to submit to the Director of the Office of Management and Budget (OMB), within 90 days after the date of this memorandum, a detailed plan of actions the agency will take to implement the policies and directives of Executive Order 13175. This plan shall be developed after consultation by the agency with Indian tribes and tribal officials as defined in Executive Order 13175. I also direct each agency head to submit to the Director of the OMB, within 270 days after the date of this memorandum, and annually thereafter, a progress report on the status of each action included in its plan together with any proposed updates to its plan.

Each agency's plan and subsequent reports shall designate an appropriate official to coordinate implementation of the plan and preparation of progress reports required by this memorandum. The Assistant to the President for Domestic Policy and the Director of the OMB shall review agency plans and subsequent reports for consistency with the policies and directives of Executive Order 13175.

In addition, the Director of the OMB, in coordination with the Assistant to the President for Domestic Policy, shall submit to me, within 1 year from the date of this memorandum, a report on the implementation of Executive Order 13175 across the executive branch based on the review of agency plans and progress reports. Recommendations for improving the plans and making the tribal consultation process more effective, if any, should be included in this report.

The terms "Indian tribe," "tribal officials," and "policies that have tribal implications" as used in this memorandum are as defined in Executive Order 13175.

The Director of the OMB is hereby authorized and directed to publish this memorandum in the Federal Register.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Executive departments and agencies shall carry out the provisions of this memorandum to the extent permitted by law and consistent with their statutory and regulatory authorities and their enforcement mechanisms.


James P. Lynch
Historical Consulting and Research Services, LLC.
45 Dellwood Drive
Waterbury, Connecticut 06708



Jefferson Keel, 


C-Span Video ID 291735-1

State of Indians Address

National Congress of American Indians





Idaho Tribes and Law Enforcement Issues

Idaho Title 67, Chapter 51 - Jurisdiction in Indian Country (Ref. Public Law 280)

Delegating Police Powers, Douglas Paul Payne, Benewah County Prosecuting Attorney:

Fellow prosecutors;

    An Act, called the State and Indian Tribal Cooperative Law Enforcement Act has been generated by the Coeur d Alene Tribe's legal staff and is being heavily promoted by them. This proposal would grant to all tribal police in Idaho the power to stop, arrest, cite and otherwise enforce state law  on  NON-tribal persons.  The Shoshone Bannocks have reportedly said they will not participate in the debate or exercise such authority and the Nez Perce have taken no position. The Sheriff's Association has expressed fear this bill has some support in the legislature and yesterday voted unanimously to oppose it. The IPAA should also oppose the bill for similar reasons.

    1. These new officers would not be under the authority of the state police, local sheriff or be accountable through any chain of command to any publicly elected official. This would violate Art. IV sec. 20 of the Idaho Constitution requiring that all "functions and powers" of state government be allocated within its departments;

    2. This act would violate art. XVIII sec. 6 by creating defacto sheriff's deputies without the sheriff's authority;

    3. The act would effectively replace the sheriff as the primary law enforcement officer in parts of Idaho contrary to I.C.31-2202 and 2227;

    4. The act would create state police officers not under the authority of the director of the Department of Law Enforcement in violation of I.C. 67-2901;

    5. The act would deprive non-tribal Idaho citizens of their right to the representative government guaranteed by the U.S. Constitution and by  art. I sec.2 and 19, and by art. XVIII sec.6 of the Idaho Constitution.

    6. Law enforcement officers exercise great discretion and implement their department's policies on many issues and during constant contact with the public. It is an important part of representative government that the police are themselves policed not only by the courts, but by a chain of command that ultimately ends with an elected official who answers to the people governed. Idaho law and history reflect a pattern of always insuring police officers are not outside this accountability. In addition to the above authorities, see I.C. 18-711 and  the Idaho Constitution,  art. XIV sec.6.

    It is important to all Idahoans not to establish a precedent of delegating state law enforcement power to anyone not answerable to the people subjected to that power. Idahoans need confidence that the policies and objectives being pursued by  law enforcement are not those of an entity outside of, and possibly adverse to, their own elected government. More important than saving money on law enforcement is leaving to our posterity a self-correcting government structure. One that when subjected to corrupt persons or purposes, as all governments eventually are, can be cured by the ballot. To delegate law enforcement power to anyone outside the authority of elected government is inconsistent with the structure of Idaho's government and the principles of our republic.

    Counties have been enforcing state law on reservations for 120 years and there appears no immediate emergency. Curiously this bill is being rushed to the floor. At the very least this bill involves so many and such important issues that it should not be rushed into. Please oppose this bill and require a careful study of any legislation which distances people from their own government.

    Yours in the public service,   Douglas Paul  Payne,   Benewah County Prosecuting Attorney


Subject: URGENT Emergency Alert- call to action-

To all citizen's of Idaho, our constitutional and civil rights are under attack and we need to respond right now.

Indian Tribes, especially the Coeur d Alene's, have been wanting to be given law enforcement powers over non tribal citizen's for many years. When recent efforts to force the Sheriffs, to be mandated by the state government, to cross deputize all tribal officers met with strong opposition, the attorney generals office cancelled the "negotiations" with the 5 northern county commissioners and sheriffs.

Instead the CDA tribe have 2 state legislators working for them now in key positions, both the Senate and House Judicial and Rules committees leadership. Their strategy is to end run around the opposition and use the legislative slight of hand. I have been told that if they can get this out of committee and on the floor it will pass because the chairman (J Clark) is the sponsor and pushing it.

What is happening right now is that Jim Clark Chair of the House J&R committee is planning on having the first committee meeting sometime in the next week (Jan 25th - 29th, 2010) to bring forth the proposal to gut USC Public Law 280 in which the judicial and law enforcement powers are defined and limited in regards to Indian Tribes. They want to amend Idaho code 67-104 and give the Tribes in the state of Idaho State Law enforcement powers over non tribal citizens within boundaries of the reservations. Some of you may not be aware that not all lands within reservation boundaries are tribally owned and in fact the CDA and Nez Perce tribal reservations are over 80% non tribal lands. Not sure of the status of Kootenai Tribal lands. The Shoshone-Bannocks want nothing to do with this proposal I have heard.

We need everyone to do a few simple things.

  1. Send emails and letters to every member of the House and Senate Judicial and Rules committees, especially target the chairman Jim Clark of the House committee. (House Committee: Representative Jim Clark (R) - Chair Jclark Use this link (copy & Paste in browser) to quick access the committees members and emails
boise office 208-332-1171
  1. Send Letters to the editors of all the local papers in your area. Hopefully we can get many counties and cities in the state aware of this and get people to understand that if it happens to one citizen it can happen to any and all.
  2. Send letters to Governor Otter letting him know we citizen's will not tolerate this blatant and willful violation of our rights by any elected official and accountability will start at the voting booths this year.
Ask Otter to stop silencing the head of the state police and let him speak out on his real opinion against this legislation   208-334-2100
  1. Be willing to take a stand and join a class action lawsuit against the State of Idaho and Federal Government for willful violation of the state constitution and our civil rights. We already have a lawyer in the wings ready to take the case all the way. And she has won many cases and already has the ground work waiting for such a case as this would be. She tells me not only would we win, but all our costs would have to be reimbursed when we prevail. So if many folks pitch and pledge to financial backing up front then the costs are spread among many and not carried by the few. When we win those people who contributed to the legal costs could be reimbursed.
  2. Call and email everyone that you know, pass this on to everyone, send this viral throughout the state . Get everyone you know to flood the state committees and governors office and tell them hell no!!!

Here are some key points to understand when formulating your letters.

1. To allow the Tribes state Law enforcement powers the state surrenders your constitutional and civil rights to a non representative government. It compromises and concedes your rights with the potential for horrific abuses while leaving the non tribal Idaho citizen with no one to turn to for justice as the tribal law enforcement officers are answerable to no one for their actions.

2. To expand Law enforcement authority by tribes over non-tribal persons it violates Supreme court precedent. The Supreme Court has consistently and repeatedly ruled that there was never any intention in law and history to grant those powers of authority to tribes over non-tribal persons. Reference case law Montana V US and Oliphant V US. Those decisions made it clear that Indian Tribes may not exercise criminal jurisdiction over non-indians.

3. The proposal would take away the rights of the vast majority of citizen's who live, work or travel through reservations of local, fully representative government. There have been several cases on the CDA reservation when citizens have been subjected to harassment and egregious acts bordering on, if not violating, RICO laws of extortion within Benewah County. The Benewah County Sheriff terminated the cross deputization agreement with the tribe because of civil rights violations of our county non tribal residents. With no accountability of the tribes to any one, we can only assume from past experience that harassment, arrests, and other abuses would occur, and the non-tribal persons would have no avenue of justice.

4. Granting such expansive and unchecked powers to tribes over non-tribal persons creates conditions ripe for discriminatory law enforcement practices. Here in Benewah county when the CDA tribal police had cross deputization there were cases when tribal members caused grave harm to non tribal persons and no notification of law violations were made to the county sheriff or prosecutor and the non tribal person was led to believe that was legal to not prosecute a tribal member and they had no recourse.

5. This proposal violates the Idaho Constitution Article XVIII Sect 6 by subverting the lawful appointed Sheriff's authority. And in Article I section 2 violates the designation of power to the people and a right to vote for their representative government officials.

6. Last and not least, this will result in costly litigation for the State. We will most likely win the challenges in court. And we are prepared to pursuit that option. Many people around the nation have been looking for such a case. Our state could pay dearly for this blunder.

It should also be looked into whether the citizens can name in a civil lawsuit the legislators who "knowingly and willfully" violated our constitutional and civil rights when they were informed about those facts and proceeded anyway. If we let the state protect legislators who knowing break the laws, what kind of license for malice does it give any one with willful intention to do harm.

Please even if you do not live on or near a reservation join with those of us who do and stand with us to protect the Constitutional and civil rights of all Idahoan's. For if the precedence is set to get away with it once it will be done again in another manor. Next time it could you and your neighbors. Stand with us for all present and future generations of Idahoan's.

Please let North Idaho Citizen's Alliance know if you are willing to sign onto and support financially a class action lawsuit if we need to pursuit that avenue. Do not send money now just pledge to join us when needed. Contact NICA via email:


Thank you for your assistance in this fight.


St Maries, Idaho


Wes Hoyt

Perilous Times


Delegation of Police Power to Tribal Cops: A Very Bad Idea


There is a thinly veiled attempt by some Idaho Legislators to create a police state on Indian tribal lands by handing over police powers to non-elected tribal officers. Those tribal officers will never be accountable to the People on the reservations that they are supposed to serve. This is regulation without representation. Remember what our forefathers thought about taxation without representation?


President Obama did much the same thing for Interpol on Dec. 17, 2009 by giving these international cops privileges, power and immunities in the USA without any accountability to the people. Did you know that until recently, Interpol has always been headed by a series of former Nazi Gestapo agents? Check it out. These guys are cold blooded mass murders and they now, thanks to Obama, will have free reign in the USA . (Executive Order No. 12425 as amended, gives police power, privileges and immunity to operatives from Interpol inside the USA .) This literally means that these guys are “licensed to kill.” What was he thinking? Was he thinking?


Giving power, privileges and immunity to non-elected Bureau of Indian Affairs law enforcement officers on tribal lands over non-tribal members is the same as destroying the constitutional rights of those Americans affected (i.e., anyone who dares to live within the reservation boundary or travel through the reservation for any reason could be affected).


Some legislators are under the impression that this proposed law is nothing major. Well, plain and simple, that is a lie. This legislation is unnecessary because under the existing law, I.C. 67-5104, the sheriff of each county has the ability to cross deputize the tribal police already. But, unlike the new law, when the Sheriff does so now, he is accountable to the citizens who elected him for discriminatory and abusive police practices and he has the obligation to protect the citizen's constitutional and civil rights. Under the present law, the BIA cops must report to the sheriff who deputized them and he can UNDEPUTIZE them, if necessary.


We have seen by sad experience in Benewah County that cross deputizing CDA tribal police was a bad idea because of abusive tactics toward non-tribal members. This is merely an attempt for the CDA and other tribes to force their aggressive agenda on non-tribal peoples. It could even mean harassment that forces people off their land, which is privately owned land, sold to non-tribal members by the U.S. Government acting as a Trustee for the Tribes. Compensation was paid for these lands in the past and the tribal members received the benefit. Is this a part of a scheme to take back reservation lands previously sold?


Ask yourself: Who benefits when the authority of County Sheriffs is put in the hands of the Bureau of Indian Affairs and the tribes? 


Are we as the American people ready to back up our concerns with this warning to the legislators: “DO NOT ADOPT THIS LAW IF YOU VALUE YOUR POLITICAL FUTURE. WE THE PEOPLE HAVE HAD ENOUGH OF THE MANIPULATIONS OF OUR CONSTITUTIONAL RIGHTS. WE ARE MOBILIZED TO VOTE OUT OF OFFICE, EVERY ELECTED OFFICIAL WHO SUP PORT S SUCH MEASURES (consider the success of Scott Brown in Massachusetts ).


If anyone is willing to contact legislators and voice their concern, here are some names and office numbers (be sure to ask for their email address to send along your written objection as well): Representative  Jim  Clark (R) Phone - (208) 332-1177; Representative  Leon  Smith (R) - Phone - (208) 332-1188; Representative  Pete  Nielsen - Phone - (208) 332-1054; Representative  Mack  Shirley - Phone - (208) 332-1053; Representative  Richard  Wills - Phone - (208) 332-1181; Representative  Phil  Hart - Phone - (208) 332-1059; Representative  Janice  McGeachin - Phone - (208) 332-1189; Representative  Darrell  Bolz - Phone - (208) 332-1055; Representative  Raúl  Labrador - Phone - (208) 332-1057; Representative  Lynn  Luker - Phone - (208) 332-1039; Representative  Steve  Kren - Phone - (208) 332-1044; Representative  Donna  Boe - Phone - (208) 332-1038; Representative  Grant  Burgoyne - Phone - (208) 332-1083; Representative  William  Killen - Phone - (208) 332-1130.


Even you don’t feel comfortable giving a long statement, it is important to at least communicate this message: “I want Representative __ to know that I’m a voter and I am opposed to the law that requires county sheriffs to deputize tribal officers.”


Frankly, we don’t need another law that give away our sovereignty in these perilous times.


Wes Hoyt, a former prosecuting attorney in Idaho County, Idaho and now has a multi-state law practice engaging in protection of individual rights. He participated in the defense of David Hinkson. He can be reached at or call him at 1-800-220-4698.







Attorney General Wasden,

Idaho Eagle Forum is opposed to the pending legislation that gives law enforcement powers to the Indian Tribes over non-tribal citizens on open reservation land. 

As an attorney, you are aware that this violates both the Idaho and U.S. Constitutional rights of the non-tribal citizens – specifically:

Idaho, Article I, Section 16  BILLS OF ATTAINDER, Etc., PROHIBITED.  No Bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed.

U.S. Article I, Section 5    No person shall … be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

When the Tribes sold property to non-tribal members, they sold their right to jurisdiction over the property. This legislation attempts to recover jurisdiction over the property and the non-tribal citizens in the process. And because of the special status of the Tribes on Tribal land, you could not guarantee the other rights of non-tribal citizens if non-tribal citizens are put under law enforcement jurisdiction of the Tribes. 

We are also aware that both the County Sheriffs Association and the County Prosecutors oppose this legislation for the above reasons and more.

It has also not escaped our attention that Non-Governmental Organizations supported in their efforts by the insurgent international (shadow) sections within the United States government have been engaged in seditious activities to break up the United States and to put the American people under the governing authority of the United Nations and international law.  And we know that the Indian Tribes are being used in that effort and that this attempt to give the Indian Tribes law enforcement jurisdiction over non-tribal citizens is an incremental step towards that goal. 

As the Idaho State Attorney General, you are charged with the responsibility to protect the interests of the State of Idaho and the Citizens of Idaho.  We are aware that you have been working with U.S. Attorney Thomas Moss on this issue and by your involvement and apparent support, we feel that you have violated your oath of office showing blatant disrespect and disregard for the State Of Idaho, it's laws, and the citizens who voted you into office.

 We are tired of the corruption, the deceit and the stealth attack on our sovereignty and our way of life by forces within the U.S. government and international system.  This festering pustule of internationalism must be lanced and we are asking you to step up and restore integrity to your office and state government.


Thank You,

Jane Lesko,  President of Idaho Eagle Forum





Canadian Free Press Article:  Obama using Indians for his dirty work


Idaho Indians Want Tribal Affairs Czar


Keith Allred - Former facilitator between Indians, local officials and federal government - now running for governor of the state of Idaho.    Keith All Red <not> for Governor.




Idaho Eagle Forum Comment.
---There is a link below to an article that everyone in Idaho should read.----
My comments on this article in advance.
There is a group called the Kootenai County Task Force on Human Relations and they are pushing for this Coeur d'Alene tribal law enforcement legislation. Christie Wood a Coeur d'Alene police sergeant and the first vice president of this human rights task force, also the spokesman for the Coeur d'Alene Police Department is leading their cause.
When Christie Wood took her "oath of office" to become an officer with the Coeur d'Alene Police Department she swore to uphold the U.S. Constitution, the Idaho Constitution, the laws of the state of Idaho and to discharge her duties accordingly. She is wanting legislation that would violate the U.S. Constitution and the Idaho Constitution and change Idaho law.
If you get on the Kootenai County Task Force on Human Relations website you will notice that they stand for the U.S. Constitution and the Idaho Constitution. You have to wonder what is going on here with these people wanting this kind of legislation?
Sheriff Kirts is against this legislation for more than one reason. In his comment he states very clearly that the tribal officers had violated non-tribal members rights by citing them into the tribal court. (NOTICE the article says that the tribal officers have sovereign immunity to lawsuits over wrongdoing) WHERE WAS CHRISTIE WOOD WHEN THE NON-INDIANS NEEDED HER ???  AND WHY IS SHE STANDING UP AGAINST SHERIFF KIRTS FOR DOING THE RIGHT THING???
Sheriff Kirts also stated that " you have to be a member of the state, city or county police function to be certified in Idaho--- these people are not". (referring to the tribal officers)
Also you will notice that the bill was drafted from several other states laws, including Washington and Arizona's. ( WHAT OTHER STATES?)