Pat McGuigan

Oklahoma State Senate Finance Committee to study agricultural sales tax exemptions

9/9/2021

CapitolBeatOK Staff Report

The agricultural industry has a significant impact on Oklahoma’s economy, and Senate Agriculture and Wildlife Committee vice chairman Roland Pederson said it’s time to review who qualifies for agricultural sales tax exemptions in the state.

An interim study – “Finding a pathway for equitable farm tax exemptions” – will take a deep dive into this issue in the Senate Finance Committee on Monday, Sept. 13 at 10:30 a.m.

Pederson said the Oklahoma Tax Commission recently changed the process to getting an agricultural sales tax exemption card, and he’s heard from many farmers and ranchers from across the state who’ve had difficulties getting or renewing their exemption. Cards must be renewed every three years.

“We need to conduct a fair assessment to verify legitimate farmers and ranchers when approving agricultural sales tax exemptions,” Pederson, R-Burlington, said. “While we don’t want to grant exemptions to individuals who don’t qualify and aren’t actually producers, we also don’t want to prohibit exemptions to those who are trying to make a living in ag.”

Currently, in order to qualify for an agricultural exemption card, an applicant must provide one of the following: an IRS Schedule F, IRS form 1065, or IRS form 4835, or any equivalent form prescribed by the IRS; a one-page business description form provided by the Oklahoma Tax Commission (OTC); a Farm Service Agency 156EZ; or other documents at the discretion of OTC to verify active agriculture production.

“While there are currently several options producers can show to prove their agricultural production status, none of these account for individuals who are just entering the industry and have never filed a Schedule F, or even older individuals who don’t make enough income to file taxes,” Pederson said. “The bottom line is we want to make sure there’s a path for producers of all types and kinds to qualify for the exemption – if they are legitimate.”

Study presenters will include Mandy Snyder, Noble County Assessor; Keith Kisling, Alfalfa County farmer and rancher; RJ Gray, Oklahoma Agricultural Cooperative Council president and CEO; and Steve Thompson, Oklahoma Farm Bureau senior director of public policy.

The study will be held at the Oklahoma State Capitol in room 535. It will also be livestreamed at www.oksenate.gov.

Oklahoma State Senate Finance Committee to study agricultural sales tax exemptions
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National Pro-Life group endorses James Lankford of Oklahoma for reelection

9/9/2021

CapitolBeatOK Staff Report

On Thursday (September 9), Susan B. Anthony List’s Candidate Fund PAC announced its endorsement of U.S. Senator James Lankford, R-Oklahoma, for re-election. The group’s president, Marjorie Dannenfelser planned to join Lankford in Oklahoma this week for the formal announcement. announcement.

In a press release send to CapitolBeatOK.com and other news organizations, SBA (Susan B. Anthony) List President Marjorie Dannenfelser said, “We are proud to endorse our friend and ally Senator James Lankford for re-election. He has proven his courage and dedication to unborn children and their mothers again and again.

“Most recently he has spearheaded the ongoing fight in the Senate to preserve the Hyde Amendment, longstanding policy that has saved nearly 2.5 million lives by keeping taxpayers out of the abortion business, from attack by pro-abortion Democrats. He is a leader in the effort to modernize our nation’s radical abortion laws at the Supreme Court, in line with science and overwhelming public consensus. We look forward to his victory so he can continue this vital work, serving the deeply pro-life state of Oklahoma and standing up to abortion extremism in Washington.”

Senator Lankford, in his statement sent to The City Sentinel, and other news organizations, said: "One of our most basic human principles is to protect the value of every life--no matter how small. I'm honored to work with and be endorsed by Susan B. Anthony List President Marjorie Dannenfelser.

“SBA List has been an invaluable partner in protecting life at all stages and I’m humbled by their incredible support. United, we will continue to protect life in the womb.”

The SBA List press release asserted, “Lankford has consistently voted to protect unborn children and their mothers, supporting the Born-Alive Abortion Survivors Protection Act, the Pain-Capable Unborn Child Protection Act, the No Taxpayer Funding for Abortion Act, and many others.

“As chair of the Senate Values Action Team, he constantly advocates for the unborn and for pro-life Americans. He has criticized HHS Secretary Xavier Becerra for his abortion extremism, and he opposed the so-called Equality Act, which would enshrine abortion on demand in federal law. He also co-signed the recent amicus brief submitted by over 200 Republican members of Congress supporting Mississippi in the Dobbs late abortion case before the U.S. Supreme Court.”

Editor’s note: Lankford is seeking his second full term for the U.S. Senate. A detailed report on his campaign is available here: https://ift.tt/3hgZ7lk . James and his wife Cindy have been married 29 years and together they have two adult daughters.

National Pro-Life group endorses James Lankford of Oklahoma for reelection
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James Lankford garners strong Republican backing for 2022 U.S. Senate campaign

9/7/2021

Patrick B. McGuigan, CapitolBeatOK.com

Endorsements are only part of the story in any election, but U.S. Senator James Lankford, R-Oklahoma, is writing a strong preface for any narratives of his 2022 campaign for reelection.

As his efforts ramp up, Lankford has support from Republican elected officials in every corner of the state, and across the wide range of elective offices at the state Capitol and within the congressional delegation.

And if money is the proverbial “Mother’s Milk of Politics,” observers should note his strong check-book balance, according to official reports from Families for James Lankford (https://www.city-sentinel.com/?s=bringing+in+the+sheaves).

The incumbent has the backing of both Governor Kevin Stitt and Lt. Gov. Matt Pinnell.

Other statewide elected officials in Lankford’s corner include Corporation Commissioners Dana Murphy, Bob Anthony and Todd Hiett.

Affirming their backing this summer were School Superintendent Joy Hofmeister, Labor Commissioenr Leslie Osborn, Insurance Commisisoner Glen Mulready and Auditor & Inspector Cindy Byrd.

Despite differences in emphasis with some of the other members of the state delegation, Lankford has the strong backing of all his state colleagues in D.C., including senior Senator Jim Inhofe and U.S. Reps. Frank Lucas, Tom Cole, Markwayne Mullin, and Stephanie Bice, U.S. Representative.

At the state Capitol, Lankford has the endorsements of Senate President Pro Tempore Greg Treat of Oklahoma City and Speaker of the House Charles McCall of Atoka.

Other members of the upper chamber on record for another six-year term for Lankford include Senators Mark Allen of Spiro, Micheal Bergstrom of Adair, Bill Coleman of Ponca City, Julie Daniels of Bartlesville, Kim David, of Porter, Tom Dugger of Stillwater, Chuck Hall of Perry, John Haste of Broken Arrow, Brent Howard of Altus, Darcy Jech of Kingfisher, Shane Jett of Oklahoma City, Chris Kidd of Waurika, Greg McCortney of Ada, John Michael Montgomery of Lawton, Casey Murdock of Felt, Roland Pederson of Burlington, Dewayne Pemberton of Muskogee, Adam Pugh of Edmond, Marty Quinn of Claremore, Dave Rader of Tulsa, Cody Rogers of Tulsa, Paul Rosino of Oklahoma City, Frank Simpson of Springer, Brenda Stanley of Midwest City, Zack Taylor, of Seminole, Roger Thompson of Okemah, and Darrell Weaver of Moore.

In the House of Representatives, the backing of Speaker McCall is enhanced with the endorsements of Rhonda Baker of Yukon, Jeff Boatman of Tulsa, Brad Boles of Marlow, Ty Burns of Pawnee, Chad Caldwell of Enid, Trey Caldwell of Lawton, Eddy Dempsey of Valliant, Sheila Dills of Tulsa, Mike Dobrinski of Okeene, Jon Echols of Oklahoma City, Scott Fetgatter of Okmulgee, Avery Frix of Muskogee, Toni Hasenbeck of Elgin, Kyle Hilbert of Bristow, J.J. Humphrey of Lanke, Chris Kannady of Oklahoma City, Gerrid Kendrix of Altus and Dell Kerbs of Shawnee.

Also in the Lankford column are Representatives Mark Lawson of Sapulpa, Mark Lepak of Claremore, Robert Manger of Oklahoma City, Ryan Martinez of Edmond, Stan May of Broken Arrow, Mark McBride of Moore, Nicole Miller of Edmond, Garry Mize of Guthrie, Anthony Moore of Clinton, Carl Newton of Cherokee, Jadine Nollan of Sand Springs, Terry O'Donnell of Catoosa, Mike Osburn of Edmond, Daniel Pae of Lawton, Kenton Patzkowsk of Balko, Logan Phillips of Mounds, Dustin Roberts of Durant, Todd Russ of Cordell, Marilyn Stark of Bethany, Danny Sterling of Tecumseh, Preston Stinson of Edmond, Judd Strom of Copan, Tammy Townley of Ardmore, Josh West of Grove, and Tammy West of Oklahoma City.

James Lankford garners strong Republican backing for 2022 U.S. Senate campaign
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Oklahomas Catholic Bishops comment after U.S. Supreme Court allows Texas heartbeat abortion ban to take effect

9/4/2021

CapitolBeatOK Staff Report

OKLAHOMA CITY — The U.S. Supreme Court has denied an appeal to block a Texas law that will ban abortion upon the detection of a fetal heartbeat.

Through a press release sent to CapitolBeatOK.com, and other news organizatiions, the Most Rev. Paul S. Coakley, Archbishop of Oklahoma City, and the Most Rev. David A. Konderla, Bishop of Tulsa, issued the following joint statement:

“This week’s decision by the U.S. Supreme Court to permit Texas’ heartbeat abortion ban to remain in effect marks a critical turning point in our decades-long battle to defend unborn life.

“As a result of the ban, it is estimated that as many as 4,000 lives each month will be spared. We pray that the courts in Oklahoma will follow suit and allow our state’s recently-enacted heartbeat law to go into effect.

“One doesn’t need to be Catholic to believe that abortion is an offense against human dignity and the taking of an innocent life. We are not only opposed to abortion because the Church tells us to oppose it (as a matter of faith), but because it is morally repugnant and inconsistent with respect for human life.”

Oklahoma’s Catholic Bishops comment after U.S. Supreme Court allows Texas heartbeat abortion ban to take effect
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But what is grief if not love persevering? In Tribute to two friends

9/3/2021

Joe Dorman, Oklahoma Institute for Child Advocacy

In August, celebrations of life for two longtime friends were held. Both individuals, though very different in their paths and views, had the hearts of servants. They each had a strong impact on those whom they served, and I consider myself fortunate to have had them both as part of my life.

Former state Sen. Paul Muegge devoted his life to the stewardship of the land by farming and serving his district and state. During his career in the Legislature, he rose to one of the most influential leadership positions as Chairman of the Agriculture and Rural Development Committee. He earned national attention in 1998 when Governing magazine named him Public Official of the Year, but the award he was most proud of was receiving the John F. Kennedy Profile of Courage award in 2004.

I was a staff member for the Legislature during his service and had the pleasure of getting to know him personally. Paul had a passion for helping those in need, and I was thrilled to reconnect with him through my work in the Oklahoma Institute for Child Advocacy (OICA). The conversations we had inevitably led me to learn something new, and he was very good at keeping me inspired to “keep up the fight” for improved children’s policies.

Paul passed away from a lung disease exacerbated by his years of working in agriculture. You can read his obituary at https://ift.tt/3yJ2Uxi.

Brad Scheidt was my second friend who recently passed away. I first met Brad in college through my fraternity, and we both majored in political science. Brad also shared a passion for helping children, with his focus directed toward mental health issues.

The final conversation that I had with Brad was just days before he became sick. He understood the crucial need for a strong advocacy network provide a voice for Oklahoma's youth, especially considering factors such as the high rate and impact of adverse childhood experiences faced by Oklahomans.

It was through the Children's Mental Health Resilience Coalition (CMHRC) that Brad desired to focus on awareness and action within this area. He reached out to me to encourage OICA to collaborate with this initiative. I agreed completely and was looking forward to working more directly with Brad on this topic. I intend to follow through with his wish and do what OICA can to assist CMHRC. You can learn more about the coalition at https://ift.tt/3kQR1AF.

Brad’s obituary is at https://ift.tt/3tb0ExK

Grief is inevitable in association with loss, but it also means that there was much joy associated with those whom you grieve.

Recently, I heard a quote that describes grief better than any I had ever heard: “But what is grief, if not love persevering?”

It is also handling grief in a way that is not harmful that is most important. If you are enduring grief, do not be afraid to reach out for help. Oklahoma maintains a hotline, which you can dial 2-1-1 and reach someone who can assist you, whether it be to listen, or receive help in with aid for other issues. Just remember, you are not alone. Please especially be aware of the mental health of those youngsters around you as these times are very tough for them during this pandemic.

Thank you to both men for the positive difference made in the lives of those around them. Please do your part to also help others, as I am sure they both would like this as their legacy of service.

But what is grief, if not love persevering? In Tribute to two friends
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Wrong Side Continues for Biden: Commentary

9/3/2021

Steve Fair

In late August, White House press secretary Jen Psaki had one of her many difficult news conference.

When asked about the criticism leveled by Rep. Susan Wild, D-Pennsylvania, of how the Biden administration botched the Afghan withdrawal, Psaki responded, “It is harder to be in the arena and make difficult decisions and the decision that a commander-in-chief has to make include among difficult options.

She also had a tense exchange with a reporter after stating President Biden only had two options regarding Afghanistan -- (1) send tens of thousands of additional troops to Afghanistan or (2) to pull out and not put anyone at risk. When the reporter challenged her and said another option was to pull out earlier -- in May -- and not to close Bagram Airfield last month, Psaki conceded no one anticipated the Afghan government would fold so quickly and that hindsight is always 20/20.

Three observations:

First, the withdrawal from Afghanistan was a disaster.

It’s not just Republicans critical of how the POTUS has handled the Afghan evacuation. Rep. Wild, the Pennsylvania Democrat said, “This has been as far from orderly as it could possibly be.”

Rep. Joaquin Castro, (D-TX) said, “This administration should have been working a lot earlier to evacuate a lot of the people who are desperate to flee now. That’s a point that I think almost everybody agrees with, that these preparations, these evacuations should have started more urgently and earlier.”

President Biden disagreed and said in a news conference during the Afghan mission’s final days, “I stand squarely behind my decision. After 20 years, I've learned the hard way that there was never a good time to withdraw U.S. forces.”

Second, why was Bagram Airfield closed before the withdrawal began?

Bagram was the largest U.S. military installation in Afghanistan. During it’s twenty-year history controlled by the United States, Bagram provided a base of operations for the air support necessary to keep order in the country.

President Biden blames the Joint Chiefs of Staff for that base closure, but he (as Commander in Chief) sets the perimeters of what the military does. General Milley, Chairman of the Joint Chiefs, said Biden told the military the primary task was to protect the US Embassy in Kabul. With the limited number of personnel left in Afghanistan, keeping both Bagram open and protecting the Embassy were not possible.

It would have made sense to run the evacuation from a secure military installation (Bagram) instead of a civilian airport, which the Taliban controls.

Third, Biden’s promise to change America’s reputation in the world is coming true.

When running against Trump, Biden said he would ‘restore America’s image’ on the world stage. He has certainly changed it. Now the United States is seen as a country who will cut and run, bolt, abandon and skedaddle, leaving their American citizens and their friends to figure it out themselves.

It’s not likely the Taliban would have made their aggressive move if President Trump had been reelected. They have taken advantage of weak, indecisive, irresolute leadership by President Biden.

Sadly, that void of leadership has cost thirteen Americans their life. Psaki is right that leading is easier than critiquing, but during Trump’s presidency, Biden did plenty of appraisals of Trump’s decisions.

Now Biden is in the hot seat and continues his 40 plus year track record of being on the wrong side of foreign policy.

Note: Steve can be reached by email at [email protected]. His blog is stevefair.blogspot.com.

Wrong Side Continues for Biden: Commentary
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Abuse of Tribal police alleged in Cherokee Nation

9/2/2021

Ray Carter, Center for Independent Journalism

When the U.S. Supreme Court handed down its decision in McGirt v. Oklahoma, which effectively decided that Indian reservations comprise most of eastern Oklahoma, it stripped the Oklahoma state government of the ability to prosecute crimes committed by or against American Indians in those areas.

Tribal leaders have suggested tribal police forces will fill much of the gap. But many Cherokees indicate their tribal police have too often been used as political enforcers rather than as law-enforcement officials in the 14 counties that comprise the Cherokee Nation.

In addition, they note control of tribal police and tribal courts is held by a handful of officials who assume power via tribal elections conducted under circumstances that provide reason to question their validity.

“Because the laws have changed and the McGirt law is in effect now, they feel like they can do whatever, whenever they get ready,” said Bobby Slover, who ran for Cherokee Nation Tribal Council District 2 this year. “And it’s a proven fact they can, because they did it to me.”

During his campaign, Slover vowed (https://www.facebook.com/sloverforcouncil/ ) to increase “corporate accountability and transparency within the administration” and bring “money back to tribal members rather than to outside interests.” That message drew strong support. Then, days before the election, he was abruptly arrested and placed in jail by tribal police for a campaign-finance violation. Slover had received a $1,000 contribution from a friend who wrote the check on a business account rather than from a personal checking account.

“We have a law that says that you have to receive the money from a natural person, but you also have six months to amend your financials,” said David Walkingstick, who served for eight years on the Cherokee Nation council and ran for Cherokee Nation principal chief in 2019.

“There’s been other council members that have received money, in-kind contributions, from someone outside the natural person and the election commission said, ‘Hey, you have an error. You need to come in and fix this.’ Within 72 hours of Bobby writing this on his campaign financial (report), the attorney general was issuing a warrant out for Bobby Slover’s arrest.”

Critics say Slover’s arrest was not only in contrast with the treatment given to other tribal political candidates, but in contrast to the treatment given to individuals who committed far more serious crimes. The latter group includes two Cherokees accused of murdering Slover’s son, who he said were released “three days after it happened” and have yet to be tried.

“We’ve got murderers that’s on the street, and it p----s me off when I think about it, because the people that murdered my son are still on the street, and it’s like it’s nothing,” Slover said.

“And I took a $1,000 check from a company that, actually, I didn’t know it was an LLC at the time. I had four or five checks that I had deposited in the bank and I just seen the $1,000 and just deposited it. They took that, throwed me in jail. But on a criminal case, they just slap them on the hand and do nothing.”

Law Enforcement, Court Positions, Tied to Political Patronage

Critics say there is not enough separation between the executive and judicial branches in the Cherokee government.

The Cherokee Nation principal chief, a position currently held by Chuck Hoskin, Jr., appoints both tribal supreme court justices and the tribe’s attorney general, who oversees the Cherokee Nation Marshal Service. While those appointments must be confirmed by the Cherokee Nation Tribal Council, the system can result in one individual or small group having significant power over both arrests and subsequent trials

“We’ve now allowed this administration to gain complete control over all three branches of government, essentially,” said Cherokee Nation District 3 Tribal Councilor Wes Nofire. That causes critics to question the validity of the tribal law-enforcement and court systems.

“Our judges are politically appointed. They’re not voted on by the citizens,” Walkingstick said. “They’re politically appointed by the chief and the tribal council. When you’ve got that much power, that’s dangerous. That’s absolute power.”

Nofire praised the individuals who work as Cherokee marshals, saying they “are, bar none, the best in the country when it comes to marshal services, but they’re being used for political purposes.”

Slover said when one individual or group owns “the judge, the jury and the house,” that means all others are “going to lose when you go to court.”

“It doesn’t matter who you hire as an attorney. It does not matter,” Slover said. “You can hire the best attorney in the world, but you are going to lose when you walk out of that courtroom.”

Allegations of Cherokee Tribal-Police Abuse Extend Across Oklahoma — and Beyond

Slover is not the only Cherokee to face alleged political harassment from Cherokee marshals.

In 2019, when Walkingstick ran for chief, he said a family member was targeted.

“While I was running, I had the marshals show up to my mother’s house and tell her her Miranda rights,” Walkingstick said.

“My mother’s 70 years old and she started bawling her eyes out. She thought she was getting arrested. These marshals, they’re just doing what they’re told to do. They don’t like being used for political purposes, but there’s not a lot of work around here either.”

Walkingstick said his mother drew attention because of her involvement with Cherokees for Change, which he described as an advocacy organization that speaks out against tribal corruption.

Oklahoma state Sen. Shane Jett, a Shawnee Republican and Cherokee who co-founded the Oklahoma Legislature’s first official Native American caucus, was among those who supported Walkingstick’s campaign for tribal chief in 2019. During that time, Jett said he was contacted by Cherokee tribal law enforcement “every 72 hours” to “ask me if I was in the 14 counties because they wanted me to come in for questioning.”

Gina McKelvey said she was also targeted by Cherokee marshals.

“I kind of live out in the middle of the desert, out in the middle of nowhere, and these guys were going up and down my street, asking my neighbors if they knew me and showed a picture and said they were marshals,” McKelvey said.

What makes McKelvey’s case stand out is that she lives in Nevada and is not an enrolled member of the Cherokee tribe, although her great-grandfather was an enrolled member listed on the Dawes Rolls, the official federal government list of all individuals accepted as members of the Five Tribes (Cherokee, Muscogee, Choctaw, Chickasaw, and Seminole) between 1898 and 1914.

While the Cherokee marshals ultimately did not access her property, McKelvey said it represented an abuse of power.

“I couldn’t believe that they would cross jurisdiction like that, just to bully and interrogate me,” McKelvey said.

Reports of McKelvey’s harassment quickly travelled from Nevada to Oklahoma.

“I’ve got that information confirmed that they did send armed marshals onto an airline to go survey a protective order—or at least that’s what it’s thought to be, a protective order — to a person who’s not even an enrolled member of the Cherokee Nation and it’s outside of our boundaries,” Nofire said.

McKelvey believes she was targeted for alleged violations of the Anti-Harassment Act of 2021 enacted by the Cherokee council on June 14.

That Cherokee law defines “unlawful harassment” to include any conduct “directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person.”

Via social media, McKelvey has been a vocal critic of Cherokee Nation leadership, although she said much of her criticism consists of “memes making fun of this administration” along with posting information on alleged corruption.

Most memes on McKelvey’s Facebook involve obvious mockery of current Cherokee Nation leadership, although others are more serious in tone. One meme stated that the Cherokee people “need to overthrow their current government and take back their tribe & dignity,” and included the hashtag, “RemoveHoskinWithForce.”

Under the Cherokee law, an anti-harassment protection order can be initially issued via “an ex parte” process — one in which action is taken without the presence of both parties — and the order can be issued “without notice.” When an order is issued, the Cherokee law says the tribal court “shall order the respondent to surrender, and prohibit the respondent from possessing, all firearms and any dangerous weapons.”

“Within Cherokee Nation, we don’t necessarily have to follow the U.S. Constitution because we’re a sovereign government — and now we’re on a reservation,” Walkingstick said.

“So now the laws that the Cherokee Nation has govern the people that live on the reservation. There’s no freedom of speech. There’s no right to bear arms. The First, Second, and Fourth Amendments are being broken on the Cherokee Reservation.”

The Cherokee “Anti-Harassment Act of 2021” was approved by the Cherokee Tribal Council on a 16-1 vote with Nofire the lone dissenter.

He said he was concerned the law could be “weaponized by somebody who wants to violate your American constitutional rights,” and said his biggest concerns regarded a lack of due-process rights and infringement of citizens’ First Amendment right to free speech and Second Amendment right to self-defense.

“It basically states that someone can file a civil protective order against you and they don’t have to give you notice of it that you had a civil protective order filed against you, and you don’t even have chance to plead your case, but they can still come into your home and remove your weapons if they deem you a threat without even you having representation in the courtroom,” Nofire said.

“That’s a due process that you’re being denied. It’s a constitutional right.”

Campaign Irregularities, Lax Election Security

In addition to their concern about concentrated power in the hands of a few individuals who can restrict citizens’ basic rights, critics say the tribal election processes that choose Cherokee Nation leaders fall far from the standards required to build public confidence in the results.

“What the Cherokee Nation (leadership) has done to stay in power and control is they have a robust absentee-ballot program and they have zero regulations about harvesting ballots, outside of you can’t forge names on the ballots,” Jett said. “But you can go hand somebody a ballot or come and say, ‘Your ballot should have arrived in the mail today. Can we help you fill it out? Would you like to fill it out and us take it with you?’ And the candidates themselves can take that ballot and put that in the voting box. It’s insane.”

“Absentee (voting) is pretty much the focal point of our elections,” Walkingstick said. “If you don’t have absentees, you don’t win our races.”

Walkingstick said tribal officials will personally visit with tribal employees to ask if they have filled out absentee-voting request forms. After ballots are mailed, he said the tribal government can have someone sent to an employee’s home to pick up the ballot to deliver it to election officials.

“These people are afraid for their jobs,” Walkingstick said. “Cherokee Nation is the largest employer in northeast Oklahoma."

Even under those circumstances, those who have sought to challenge the status quo have won occasional victories or come close to winning — although critics believe those close elections may have been wrongly decided.

During his campaign for Cherokee Nation Tribal Council, Slover made the runoff election and the initial tally from that round showed him trailing by seven votes. However, when Slover paid for a recount, a tribal official halted the recount and declared it illegal. Twelve challenged ballots were never counted in the election, and Slover’s request for voter-history information remained unfulfilled.

In 2019, when Walkingstick ran for chief, tribal officials accused him of illegal in-kind contributions when an independent expenditure group funded electioneering on his behalf. Walkingstick said he never had any involvement with the independent expenditure group, but he was kicked off the ballot anyway.

“They kicked David Walkingstick off the ballot — a complete kangaroo court,” said state Senator Jett, who also ran in 2015 and 2017 for a position on the Cherokee Tribal Council.

Jett said “banana republic” vote-counting irregularities have been a problem in tribal elections for some time. During a close 2011 election for Cherokee Nation chief, several hundred ballots allegedly went missing ( https://www.newson6.com/story/5e365b352f69d76f6206fa57/chad-smith:-cherokee-election-recount-fatally-flawed) during a recount.

In response to a request for comment, particularly regarding the Slover and McElvoy cases, Cherokee Nation communications executive director Julie Hubbard stressed that the public should “be aware that Mr. Slover ran for council and Ms. McKelvey is regularly vocal on social media, pre- and post-McGirt.”

“We can find you plenty of law enforcement, city government and many Cherokee citizens who can tell you that our law enforcement work hard each day to enforce the law, which is their job,” Hubbard wrote.

“We had great cross deputation agreements before McGirt and have great partnerships and have greatly expanded our criminal justice system post-McGirt.”

Although Hubbard indicated interviews could be provided with citizens who favor the current government structure and practices within the Cherokee Nation, none were provided as of publication. The request for comment was first made on Aug. 17 and a follow-up request was sent on Aug. 19.

Amidst the alleged abuse of the Cherokee Nation Marshal Service, Cherokee citizens say many crimes that have now landed in the tribe’s lap due to the McGirt ruling are sidelined.

“There’s a backlog of all these cases and there’s a lot of crime that’s going on that’s going unchecked,” Nofire said.

Under McGirt, Walkingstick noted much state responsibility has now been dropped on tribal governments “and everybody’s falling through the cracks.”

“We have over 1,300 criminal cases sitting in our judicial branch, and they are preoccupied with trying to silence people and retain power,” Walkingstick said.

“If you call the Cherokee marshals from one of the 14 counties and you go, ‘Someone is breaking in my house right now,’ they’ll say, ‘Call 9-1-1.’ Or they’ll say, ‘Call the sheriff.’ Or, if you’re in town, they’ll say, ‘Call the police,’” Jett said. “Because they do not have the manpower for the 14 counties. Especially whenever they’re distracted by all of the political intimidation they have to do.”

The combination of McGirt and the legalization of medical marijuana has resulted in significant activity by organized crime in the Cherokee Nation Reservation, Nofire said, as criminals use marijuana grow sites as fronts for other crimes and depend on the jurisdictional uncertainty created by McGirt to evade prosecution.

“These aren’t the small-time drug dealers we all worry about,” Nofire said. “These are big, criminal activities that are now setting up shop in northeast Oklahoma.”

That leaves many Cherokees feeling less secure, rather than more secure, now that their tribe’s sovereignty has been augmented by McGirt.

“We don’t feel safe,” Walkingstick said. “We don’t feel safe here on the Cherokee Reservation. And as much as the chief grandstands and talks about all these ways he’s trying to implement and beef up our judicial and law-enforcement systems, we are not safe. Me, being a Cherokee tribal citizen, I am against McGirt because of the abuse of power by the administration.”

UPDATE: Following publication of this article (by the Center for Independent Journalism), Cherokee Nation Principal Chief Chuck Hoskin, Jr., issued a statement (https://twitter.com/ChuckHoskin_Jr ) of response stressing that the Oklahoma Council of Public Affairs has been a critic of the McGirt decision and supports overturning that ruling. Hoskin accused OCPA of holding “strong anti-tribal views” and targeting tribal sovereignty.

“Clearly, the OCPA’s goal continues to be causing unnecessary division by relying on false allegations and rhetoric to attack tribal nations,” Hoskin said.

Hoskin provided no detail to bolster his claim of false allegations in the article, and even appeared to implicitly confirm some allegations made about the use of tribal police.

“If threats are made towards Cherokee citizens, their duty is to impartially investigate,” Hoskin said. “They have the same responsibility to investigate non-violent criminal allegations.”

NOTE: Ray Carter is director at the Center for Independent Journalism. This report first appeared online here: https://ift.tt/3yDr50l , at the website of the Oklahoma Council of Public Affairs (OCPA). Carter’s news stories often appear on CapitolBeatOK.com, an independent, non-partisan news service based in Oklahoma City.

Abuse of Tribal police alleged in Cherokee Nation
Click on the headline to read the full article at CapitolBeatOK

Death Row Exonerees to Hold Capitol Press Conference Faith Event in Support of Julius Jones

9/1/2021

Special to CapitolBeatOK.com

OKLAHOMA CITY – Several people who have been exonerated and released from death row, now represented by Witness to Innocence, will speak at a press conference on Wednesday, September 1, to advocate on behalf of Julius Jones’ commutation application as well as his release from prison.

Jones is on death row in Oklahoma, despite maintaining his innocence and compelling evidence that he was wrongfully convicted.

The press conference is scheduled for today at 11 a.m. in the Capitol Press Conference Room, G5 at the State Capitol Building in Oklahoma City.

Witness to Innocence is a non-profit advocacy organization created by and for death row exonerees.

(https://ift.tt/3ByQBG2)

Representatives from Witness to Innocence will talk about their wrongful murder convictions, how the system got it wrong, and why they support Julius Jones’ commutation application.

Immediately following the press conference, WTI representatives will deliver a letter of support for Julius Jones to Governor Kevin Stitt’s office on the second floor of the Capitol.

Witness to Innocence speakers include Nancy Vollertsen, Juan Melendez, Gary Drinkard, and Herman Lindsay .

Nancy Vollertsen will speak on behalf of her brother, Greg Wilhoit (1954-2014), who spent 5 years on Oklahoma’s death row after being wrongfully convicted for the 1985 murder of his wife, Kathy. The case against Greg was based on the testimony of inexperienced “dental experts." Greg’s lawyer appeared in court drunk, vomited in the judge’s chambers, and presented no defense. Later the nation’s top forensic odonatologists examined the bite mark evidence and testified that it couldn’t have possibly come from Greg and finally, in 1993, he was cleared of all charges.

(https://www.ncadp.org/blog/entry/a-final-farewell-to-greg-wilhoit-who-survived-oklahomas-death-row)

Greg passed away in 2014 without ever having received an apology or one penny in compensation, despite the Oklahoma Legislature voting overwhelmingly in 2003 to award exonerated inmates $200,000 for their time served in prison.

Juan Melendez (https://ift.tt/2WHJITk) was exonerated in 2002 after spending 17 years, eight months, and one day on Florida’s death row for a crime he did not commit. Juan could not afford an attorney and was convicted and sentenced to death within a week, despite the complete lack of physical evidence in his case. He almost certainly would have been executed had it not been for the fortuitous discovery of a transcript of the taped confession of the real killer, 16 years after Juan’s conviction. It was eventually discovered that the prosecutor had systematically withheld exculpatory evidence.

Gary Drinkard (https://ift.tt/2V4q5oa) spent

nearly six years on Alabama’s death row for a crime he did not commit. After enduring a violent arrest, Gary and his wife insisted on Gary’s innocence, citing that he had been home at the time of the murder due to a debilitating back injury. Gary’s appointed lawyers had no experience trying criminal cases, did the bare minimum to defend his case, and failed to mention witnesses who corroborated his alibi. Gary’s conviction was primarily dependent on the testimony of his half-sister and her common law husband which was given in exchange for other charges against them being dropped. Despite everything, Gary did not give up trying to prove his innocence and, with the help of the Southern Center for Human Rights, he was acquitted in 2001.

Herman Lindsey (https://ift.tt/3mRuGWd) spent

pent three years on Florida’s death row after a wrongful conviction in 2006 for a crime which had happened in 1994. In 2009, Herman was exonerated after the Florida supreme court ruled unanimously that he had not received a fair trial and there wasn’t enough evidence to find him guilty of anything, much less sentence him to death. The chief justice also stated that the prosecutor asked questions during the penalty phase of the trial “that were not only improper but were also prejudicial and made with the apparent goal of inflaming the jury.”

This evening, a faith event supporting Julius will be held at the Oklahoma City First Church of the Nazarene, 4400 NW Expressway at 6:30 p.m.

Witness to Innocence representatives will share their stories of wrongful conviction with Oklahomans and be led in prayers of support for Julius Jones. This event is open to the public and will also be live-streamed here (https://www.youtube.com/watch?v=TvjyTYXVfbY).

Through public speaking, testifying in state legislatures, and media interviews, Witness to Innocence members raise awareness of the reality that innocent people are sentenced to death. WTI also provides an essential network of peer support for the exonerated, most of whom received no compensation or access to reentry services when released from death row.

For more information, visit witnesstoinnocence.org.

Other events to be held during Julius Jones’ Week can be found here (https://www.city-sentinel.com/2021/08/julius-jones-week-8-30-9-4-to-feature-events-ahead-of-9-13-commutation-hearing/).

www.CapitolBeatOK.com

Death Row Exonerees to Hold Capitol Press Conference, Faith Event, in Support of Julius Jones
Click on the headline to read the full article at CapitolBeatOK

Guernseys Tim Fawcett earns rare cyber defense certification

8/31/2021

CapitolBeatOK Staff Report

Within the next five years, the U.S. Department of Defense (DoD) will require all contractors and subcontractors to adhere to certification standards outlined in the Cybersecurity Maturity Model Certification (CMMC) framework.

Guernsey (https://guernsey.us/), an Oklahoma City-based design and consulting company, employs one of only two people in Oklahoma who have been selected to be “Provisional Assessors” and will be authorized to conduct assessments during the provisional period.

Guernsey’s own Director of Cybersecurity Consulting, Tim Fawcett, gained this certification and will be one of the first to perform these CMMC provisional assessments. This early involvement in the CMMC certification program makes Fawcett uniquely qualified to assist current and potential clients through the certification process.

“As the DoD and other agencies mandate cybersecurity regulations to their contractors for protecting controlled unclassified information, it is important to have professionals familiar with the process and regulations to help navigate the certification process,” said Fawcett.

Because of Fawcett’s certification, Guernsey is uniquely poised to help DoD contractors and subcontractors and drive the cybersecurity industry nationally as well as within Oklahoma.

“Tim’s certification as a provisional assessor is a powerful endorsement of Guernsey’s ability to protect our clients,” said Guernsey President and CEO Jared Stigge. “Guernsey's offerings continue to anticipate and exceed our clients’ needs, and with the rapid pace of cybersecurity, Tim can bring clients cost-effective and timely solutions so they can confidently provide their services to the DoD and other government agencies.”

Becoming CMMC compliant and passing a third-party assessment can be a considerable hurdle for companies. CMMC is an emerging program, and there is currently no opportunity for vendors to implement alternative practices or reduce risk in other ways. The framework also requires a great deal of documentation, including evidence that required processes are taking place. Many contractors have been preparing for this eventuality, while others have taken a wait-and-see approach. There has been criticism of the framework and calls for improvement to the approach, including everything from the cost to the lack of a risk-based approach, but it is a certainty that CMMC, in some form, will soon be a reality for organizations that contract or subcontract to the DoD.

Oklahoma’s small to mid-sized companies can learn more about current and future DoD cybersecurity requirements and take the Guernsey CMMC online self-assessment at https://ift.tt/3BrMlI5.

About Guernsey: Guernsey is a leading provider of design and consulting services. Founded in 1928, Guernsey has developed an impressive base of clients worldwide, including federal, state, and local government; military; utilities; tribal; higher education; Fortune 500 companies; and the oil and gas industry sectors. Guernsey is an employee-owned, multi-discipline firm providing innovative answers for complex projects with engineers, architects, planners, consultants, environmental scientists, designers, analysts, accountants, and project managers.

About CMMC: Cybersecurity Maturity Model Certification (CMMC) is a unifying standard for the implementation of cybersecurity across the Defense Industrial Base (DIB). The CMMC framework includes a comprehensive and scalable certification element to verify the implementation of processes and practices associated with the achievement of a cybersecurity maturity level. CMMC is designed to provide increased assurance to the Department that a DIB company can adequately protect sensitive unclassified information, accounting for information flow down to subcontractors in a multi-tier supply chain. Learn more about CMMC at https://ift.tt/3ofWdif.

Guernsey’s Tim Fawcett earns rare cyber defense certification
Click on the headline to read the full article at CapitolBeatOK

Redistricting committees announce congressional map submission deadline work ongoing to modify legislative maps

8/29/2021

CapitolBeatOK Staff Report

OKLAHOMA CITY – The chairs of the Oklahoma Senate and Oklahoma House of Representatives redistricting committees have announced October 10 as the deadline for public map submissions for congressional redistricting.

“Our series of in-person and virtual town halls were successful and helped us maintain our commitment to an open and transparent process that incorporates input from the public. Now is the time for the public to submit congressional redistricting maps, and we welcome their contributions to the process,” said Sen. Lonnie Paxton, R-Tuttle and chair of the Senate Select Committee on Redistricting.

The public can submit congressional redistricting maps to the Senate via email at [email protected] or to the House via email at [email protected] .

Public map submissions are limited to one submission per person. Submissions must be from Oklahoma citizens. Each map must include a statewide plan for all five congressional districts.

More information on the parameters for public map submissions can be found here (https://ift.tt/3zDL8gc ). Detailed instructions on how to submit a map can be found here (https://okhouse.gov/Documents/Districts/DRA%20Detailed%20Instructions%20Congress.pdf ).

The Senate and House redistricting committees earlier this month wrapped up a series of in-person and virtual town hall meetings on the congressional redistricting process. The Senate and House held 29 town hall meetings about both legislative and congressional redistricting around the state and online. Recordings of those meetings are available on the redistricting websites of the Senate and the House.

“We are counting on the public to take ownership of congressional redistricting just as they did for legislative redistricting,” said Rep. Ryan Martinez, R-Edmond, chairman of the House State and Federal Redistricting Committee. “Oklahoma will maintain five congressional seats that will require adjustments to account for population growth and other factors prescribed in law. Public input will once again be vital to getting these districts drawn properly for the next decade.”

Paxton and Martinez also say the legislative redistricting committees will hold a joint meeting the week of Oct. 18 at which the public can present congressional redistricting maps to the committees. The time, date and location will be announced later. Meeting notices will be shared publicly and posted online.

The redistricting chairs also said work is ongoing to adjust legislative maps now that the U.S. Census Bureau has provided data from the decennial census to states. The Census Bureau failed last year to meet the federal deadline to provide states with decennial census data, forcing the Legislature to rely on other data sets from the Census Bureau.

“We prepared for the possibility that once the Census count data was released, the legislative maps might need adjustment. Now that we finally have the data, we are reviewing it and working toward making any adjustments to the legislative redistricting maps, just as we planned for and as our committee rules call for,” Paxton said.

Martinez and Paxton said the legislative redistricting committees would hold one more virtual town hall meeting to cover legislative redistricting on Sept. 15 at 6 p.m.

“As contemplated this session, the House map enacted in regular session will need adjustment in special session. Statewide population in the final Census data was generally within estimates, but some individual House districts did see deviation beyond the estimates,” Martinez said. “Oklahomans can expect another transparent, inclusive process to make adjustments based on final population data. The final map after adjustments should still be substantially similar to the excellent map enacted with overwhelming bipartisan support in regular session.”

The public can send comments at any time to the Senate and House redistricting committees via email. More information about legislative and congressional redistricting can be found on the redistricting websites of the Senate and the House.

Redistricting committees announce congressional map submission deadline – work ongoing to modify legislative maps
Click on the headline to read the full article at CapitolBeatOK

Pat McGuigan

The dean of all Oklahoma Journalism, Mr Patrick McGuigan; has a rich history of service in many aspects of both covering the news and producing the information that the public needs to know.

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