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Thread: Lezmond Charles Mitchell - Federal Execution - August 26, 2020

  1. #41
    Senior Member CnCP Legend Neil's Avatar
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    I agree with Shep here they should be subject to the same laws as everyone else and they are crying and whining too much to him. Trump will not offer clemency in this case. He didn’t offer it with Daniel Lewis Lee. This won’t have an effect on the vote total in Arizona.

  2. #42
    Administrator Aaron's Avatar
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    I agree we shouldn't allow the Navajo to muscle us. Moreover, most probably vote democrat anyway. And I agree we need to significantly curtail Tribal authorities. Gorsuch signed on to that God awful Oklahoma tomfoolery. What's next - taking away homes from every non Indian there because it still belongs to muh Natives? Why not just hand over everything our founding fathers and their forefathers secured too since it was Native owned once? Clownery at its zenith, all of it.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  3. #43
    Senior Member Frequent Poster schmutz's Avatar
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    Quote Originally Posted by Neil123 View Post
    I agree with Shep here they should be subject to the same laws as everyone else and they are crying and whining too much to him. Trump will not offer clemency in this case. He didn’t offer it with Daniel Lewis Lee. This won’t have an effect on the vote total in Arizona.
    Reservations exist so that they have land over which they exercise a degree of sovereignty including the making and enforcing of law.

  4. #44
    Senior Member Frequent Poster Shep3's Avatar
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    Quote Originally Posted by schmutz View Post
    Only because carjacking is considered a crime different from any other kidnapping does this loophole exist. As heinous as this crime is, not sticking it in the eye of a tribe largely opposed to such an execution in a state where the vote is expected to be close is a good thing, imo.
    The Navajo make up a very small amount of AZ voters base and they always vote Democrat anyway he’d be risking no votes ignoring this farce.

    And that might have made sense in the 19th century but once they all got citizenship under president Coolidge their need for sovereignty ended as they already receive such sovereignty from the local state and county governments.

  5. #45
    Senior Member Frequent Poster schmutz's Avatar
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    The Snyder Act was very specific to not diminish any prior statuses held through the extension of citizenship.

    That we have a situation where an element of auto theft places a defendant in greater jeopardy than does an element of rape is utterly absurd. Were this crime to have occurred outside the reservation or involved non-members, a death penalty prosecution is perfectly reasonable. In this case, one of an internal matter within the sovereign nation, going against the express wishes not only of the nation but the better judgement of the local U S Attorney is a boorish act of domineering and a betrayal of conservative principles of deference to local authority absent compelling reason within our federal system.

  6. #46
    Senior Member CnCP Legend Neil's Avatar
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    What would constitute as a “non tribe member?” Every single death row inmate in Oklahoma will be using that tribe excuse now. DNA test results will be ordered for everyone. Shouldn’t there be some sort of a cutoff point to deal with if they have very minimal Native American DNA?
    Last edited by Neil; 08-11-2020 at 10:06 PM.

  7. #47
    Senior Member Frequent Poster schmutz's Avatar
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    The specifics vary from tribe to tribe, but at a minimum you need to prove descent from a previously recognized member. In the OK case, these people are listed on what are called the Dawes Rolls. If you have the paperwork it is a fairly straightforward process...if you were illegitimate some tribes will offer membership if you can prove with DNA who your daddy was (or mommy in case of adoption) - others are more restrictive. Also, the Major Crimes Act allows a death penalty prosecution without tribal consent if a party was from a different tribe from that which was the holder of the reservation. If you are a Cree, don't expect a break on Crow land.

    nb one of the OK tribes did give the Feds the green light to seek death sentences.
    Last edited by schmutz; 08-11-2020 at 10:14 PM.

  8. #48
    Senior Member Frequent Poster Shep3's Avatar
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    Hogwash we are the United States of America not the United States and some random tribes in the backwoods. Tribal government need to be disbanded and uniformed statutes applied to all citizens no special status or rights based on race. A real conservative either president or a scotus Justice would see this as an unconstitutional violation of the 14th amendment and take action to do away with sad excuse for bad comedy.

  9. #49
    Senior Member Frequent Poster schmutz's Avatar
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    The 14th Amendment does not apply to natives who maintain their tribal citizenship on the basis that they are not fully under the jurisdiction of the United States. The Indian Citizenship Act was needed to assure them citizenship by statute that the Constitution denies as a matter of right. The disbanding of tribal authorities that began in the 1950s were repudiated first by LBJ and then by Nixon, to be finally repudiated by Congress in 1988 as forced assimilation became less socially acceptable along with the repudiation of treaties; something that requires specific Congressional action, as Justice Gorsuch has recently pointed out.

  10. #50
    Senior Member Frequent Poster Shep3's Avatar
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    LBJ was a racist who traded political act for votes he didn’t care one bit about natives and the less said about that neurotic Nixon the better. Yes cause the lives of natives have improved so much since the end of assimilation policies the reservations are just the beacon of success. Where the method used back in the day abusive and cruel yes but the intelligent thing to do would’ve have been to update them not what we have here which was the legal equivalent of a person leaving there dependents to fend for themselves. As for gorsuch while his DP decisions have so far been decent overall his defense of this idiotic policy of the past is just asinine and yes the 14th amendment clearly makes reservations and tribal sovereignty unconstitutional just no Judge has had the balls to say in out loud.

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