U.S. Magistrate Judge Alice Senechal filed the order denying the proposed complaint on Friday, Sept. 11.
"The court will not sign the proposed complaint," the order reads. "Attorney (Breanna Delorme) does not have authority to request that a criminal complaint be issued. ... Additionally, the United States is Immune from suit absent its clear and unequivocal consent."
Delorme declined to speak with the Herald this week and said she would have a response ready in the coming days.
In an interview with the Herald last week, however, she said she expected the judge to deny the complaint. She said the Little Shell Pembina Nation intends to next attempt to take the case to the International Court of Justice.
The Little Shell Pembina Nation does not have formal federal or state recognition, and these legal proceedings are not an attempt to gain that. Instead, the goal is to receive restitution for wrongs committed by the U.S. on unceded ancestral lands and a public apology for humanitarian crimes committed against the Little Shell people, according to Delorme.
In addition to violation of the 1863 Old Crossing Treaty, the now-denied criminal complaint accuses the U.S. of theft, fraud, forgery, tampering with records and violation of the United National Declaration on the Rights of Indigenous People.
According to the affidavit written by Karyence Ronald Delorme, the U.S. violated the 1863 Old Crossing Treaty by taking lands, resources, bonds and goods from the Little Shell Pembina Nation without permission. The complaint also alleges that U.S. representatives fraudulently attached amendments to the 1863 treaty, which were then adopted in 1864. They also allege that the U.S. fraudulently appointed the McCumber Commission, which signed the McCumber Agreement, also called the 10 Cent Treaty, without the permission of Chief Little Shell III.
The complaint also alleges that afterward, U.S. delegates tampered with official documents and records in order to "validate the fraudulent relinquishment of the Little Shell Pembina Nation's lands."
The Little Shell Pembina Nation is a historic sub-band of the Turtle Mountain Band of Chippewa. The Little Shell people claim to be descended from the original Chief Little Shells, and many are enrolled with the Turtle Mountain Band.
The Little Shell Tribe of Chippewa, based out of Great Falls, Montana, and who are descended from the same line of Little Shell Chiefs, received federal recognition last year. There are about 5,400 enrolled members, according to its website.
The Link LonkSeptember 18, 2020 at 04:00AM
https://www.grandforksherald.com/news/crime-and-courts/6666729-Little-Shell-proposed-criminal-complaint-against-U.S.-government-denied-by-federal-judge
Little Shell proposed criminal complaint against US government denied by federal judge - Grand Forks Herald
https://news.google.com/search?q=little&hl=en-US&gl=US&ceid=US:en
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