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OKLAHOMA — On Wednesday, Jan. 22, the Cherokee, Chickasaw and Choctaw Nations moved to intervene in support of U.S. Department of Justice lawsuits against two Oklahoma district attorneys – Matt Ballard and Carol Iski – who have continually violated federal law by seeking to prosecute tribal defendants whose cases must be tried in federal or tribal courts.
Federal law establishes that, without express congressional authorization, state prosecutors have no legal authority to exercise jurisdiction over Indians for acts alleged to have occurred in Indian country. The disregard for that established rule by the defendants in these federal lawsuits has interfered with federal and tribal law enforcement efforts and compromised the public’s safety. On December 23, 2024, the Department of Justice filed suits in the U.S. District Courts for the Northern District of Oklahoma (against Ballard) and the Eastern District of Oklahoma (against Iski) and moved for injunctions to prevent the defendants from further unlawful assertions of criminal jurisdiction over Indians in Indian country.
Statement from Cherokee Nation Principal Chief Chuck Hoskin, Jr.
“Since the U.S. Supreme Court’s confirmation of our reservation, the Cherokee Nation has prioritized our justice system, investing $74 million alone last year, and working with federal, state and local law enforcement to protect victims and prosecute crimes in which we filed over 25,000 cases,” Cherokee Nation Principal Chief Chuck Hoskin Jr. said.
“It is incredibly dangerous that these district attorneys have instead chosen to ignore the law and longstanding legal precedents by seeking to prosecute criminal cases over which they do not have jurisdiction. This is not only an attack on tribal sovereignty, but a threat to the public safety of all Oklahomans. These officials are knowingly creating legal confusion for law enforcement and hurting the integrity of the cases involved – preventing proper prosecution, risking the entire case being thrown out, and forcing victims and their families into convoluted and confusing legal scenarios. I am outraged that these officials are putting political attacks against tribes before their responsibilities to Oklahomans and to law enforcement, and I am proud that the Cherokee Nation has moved to intervene in the federal suits to resolve this matter.”
Statement from Chickasaw Nation Governor Bill Anoatubby
“Our action today is in support of the rule of law. We work with our law enforcement partners across jurisdictional lines every day to ensure Oklahomans are kept safe, and we will continue to do so. We have long called for effective intergovernmental partnership in this area, and we will continue to do so. In the meantime, we will also act to support the rules that govern our law enforcement systems, as not doing so risks the public’s safety,” said Bill Anoatubby, Governor, the Chickasaw Nation.
Statement from Choctaw Nation of Oklahoma Chief Gary Batton
“The Choctaw Nation fully supports the longstanding principle that the state has no jurisdiction over crimes committed by Indian people in Indian Country,” Batton said. “The Department of Justice is doing the right thing by defending the U.S. Constitution and the principle of tribal sovereignty."
“Our Tribe has worked diligently to maintain public safety and build cooperative relationships with local, state and federal authorities,” Batton said. “We oppose the attempts by two district attorneys to weaken our sovereignty, the U.S. constitution and the important partnerships we have established.”