Deputy Attorney General for Cherokee Nation Chrissi Ross Nimmo Response Letter

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CHEROKEE NATION

OFFICE OF THE ATTORNEY GENEAL

P.O. Box 1833 ‘Todd Hembree
Tahlequah, OK 74465 Attorney General
918-483-5000

December 19, 2018

‘To Wham It May Cancer,

1 was plessed to hear NPR Wade Goodwyn’s story about the Todian Child Welfare Act
(CICWA") and the ‘Texas federal court case that deat with the consttutionality ofthe Taw. 1 was
surprised yesterday when I saw the Nestive American Journalists Association's (NAJA) stalement
‘in responte to the ortele, Tam no stranger to media coverage of ICWA and wes confused that a
[Native organization was a upset sth this cxverage

Some background that explains the formulation of my opinion: Lam the Deputy Attomey
General and an envalled citizen of the Chorale Nation, Iam algo 2 mom to tizee Cherokee
children. Thave heen an attemey for Cherakee Nation for 10 years and have litigated hundreds
ast count more than 400) af [CWA cases, ineluding as lead atomey For the Cherokee Nation ia
Adoptive Couple v. Baby Girt, the “Baby Veronica” case. I have dedivated may legel career to
defending the Indian Child Welfare Act aud believe it is the most ioxpontant pieee of federal
Indian legislation ever passed. [ have personally interacted with aumerous Indian families who
‘rere uble La rela cust of their children due to the Act. And [have met many adult adoptees
‘Out were thankful IOWA allowed them to remain eonnested to their Gxmily and tribe and many
thers who only wish (CWA would have applied to them. ICWA was also at the conter of the
most difficult day of may professional lite, when despite the fact the law was meant to prevent the
sepszation of Indian childien from their families and tribes, [had to physically remove Veronica
Brown ftom her father and extended Cherolec family and hand ber off to her adoptive parents. (
um un Indian semen, a lawyer and advocate for this lw. Cbelieve in it and wark daily to protect
it

| think some of the reaction by NAJA to the NPR coverage is fueled by a lack uf knowledge a
the federal eourt case, Texas Zinke, In shat case, a federal court Judge held that 1C
“unconstitutional because it applied based en fhe race ofa child. The reporter was not mi
inference, he was reporling, what the judge's ruling was based on, The decision is incorrect, bu it
is theve. Chetokee Nation and dwee other tribes have heen joined by the United Staves in
appealing the decision. The judge’s decision is the test time ever dhal a cvurt hus struck down,
ICWA becnuse a judge considered it race-based. The NFR Reporte, who is from Dallas, was
Iamiliar wilh the judge and the case in Texas.
NAIA has several crilicisms of the story, one oF whieh 1 agcee with, however, I believe ic is
addressed, NAIA stated

‘Goodwyn says “Ir tumed out that Mason's mother — and therefore — Mason, was
part Indian.” This is « mislesding and incorrect statement: The child’s mother és a
tribal citizen, therefore the child is also a tribal citizen, This designation is
foundational in federal Indian law, To frame it otherwise is inaccurate and
inresponsible, especialty given the sensilivity awed lp children invelwed in [CWA
cases. Goodson also discloses the idemtity of a child involved in adoption
proceedings —a-vielaton of thir safety and privacy

‘While 1 agree thatthe story should clarity That ICWA upplies based on titel membersp and nat
boing racially Indian, it does so in the closing words of the story. Goodssym asks, "Is the Indian
Child Welfare Act on unfair racial preference or a legal acknowledyment thal Indians have
citizenship Tights as both Americans and merabers of their Sovereign wibes?”

‘That i the exact question that will be arwavmed by the Fifth Ciccuit on appeal and possibly,
eventually the United States Supreme Court, The reporter in the opening tine af the story i
merely weighing what our «ibe has been fighting in court. AS a responsible journalist he is
required (tell both sides and that is why ics farmed in that manner. t's not his argument, itis
the argument of the adoptive families in the Texas court. And while Lknovr whal the answer és
tnd should he; it is not unfair for a joumalist to present the other side of an argument that
‘recently prevailed in court

also agroc with NAIA that the statements ftom the foster parents about the vbild not looking
Indian ace problematic, but those statements were not endorsed by NPR. They were provided by
4 critic of the lew. And they are very often argued in court cases and the media. As far as the
‘comments by the Goldwater Institue, Ihe arguments made hy theicrepresemative are those that
recently prevailed in coun. Six wonths ago, se could have suid they were factually incorrect and
misinformed, but now that qur ant-ICWA oppanenis have prevailed using those arguments in
‘court, we must continue to have a conversation about the validity of dose arguments, [do not
believe anylhing in the story wae fuctually inaccurate and defintely do not agree with the
characterization thal the coverage was unvibieul

| think the biggest disservice of the harsh eriticism of the story is that iF overshadows what Mr.
Goodwyn got right. Fist, ICWA coverage often omits the hisiory of ICWA, including the
‘ompant abuse of child welfare practios that allowed one third of all Indian children to he Laken
Tinen their furilies as recently as the [970s, The story conveyed accurately bow these horefic
practices and assimilation policies lead to the need for and passage of CWA, Ms, Goodwyn also
id ‘what many repocers of aative issues are urilicied for aot ding, He traveled ta and spent
timc in the Cherokee Nation. He spent tine with our people and highlighted not poverty or poor
health or substance abuse (issues eften the foeus of native coverage) af casinos, hut aur schools,
language, and culture. He also called our tribe at least five times fact checking his article ot
doing follow up interviews to ensure uecorsey, Mr, Goodwyn showed advanced knowledge of
the subjeot matter and tespect for this issu.
But think dhe most imporcant pat af the story chat was overshadowed by the negative reaction.
‘was the ioterview with Juli Skinnes. ICWA coverage routinely leaves silent the voices of those
who were protected by the law. Juli isa friend und a colleauve, She was one of the tribal ICW
Workers assigned lo Veroniva’s ease. We traveled tnyelher to Soulh Carolina, Buck hime we
regularly hed meals and visiced with Veronica's tamily, She 100 was deeply atfected by the
‘outcoone of that case, Juli went on to gether master’s degree and now runs the HERO Project for
Cherokee Nation which provides mental health services to Cherokee children, Her story is not
cnly bow ICWA saved her and her sister, but how being rsised by her famuily and in her tribe
‘instilled in her a selfless need to zive back and care for those in our community who are the most
vulnerable.

Jn the passage of IGWA, Cougress found “that there is no sesouree that is more vital to the
continued existence and integrity of Indian tribes than their children." It was tre in 1978 and it
fg true today. And all of us whe are odvncutes for Indium families must continue to fight to
pproect this law.

I hape NASA continnes to call attention to wuly problematic coverage of Native iseues,
specifically ICWA, but 1 also hope they reconsider their eaction to this story and practices of the
reporter, which Ife were fui and accurate, And hepe that Mc, Goodseyn and NPR continue 10
Tears abou: Indian communities and wontinue to cover this very important ivsue,

osppetfully,

rissi Ross Nieuma
Deputy Attomey General