Of the 15 allegations made against Chief John Red Eagle, the Osage Congress’ Select Committee of Inquiry found enough evidence to support seven allegations and made two recommendations to consider removing Red Eagle from office.



PAWHUSKA, Okla. – The Osage Congress’ Select Committee of Inquiry issued its report late Monday afternoon on 15 allegations made against Chief John Red Eagle.

Finding enough evidence to support seven allegations, the five-member committee voted 4-0 to make two recommendations for Congress to consider motions for Red Eagle’s potential removal, on the grounds of malfeasance of office, disregard of constitutional duties, disregard for the oath of office, arrogation of power, abuse of the government process and undermining the integrity of his office.

Archie Mason was absent from the vote.

Among the seven counts found to have sufficient evidence for the removal recommendations:

— Interfering with an investigation of the Osage Nation Attorney General’s office on May 31, 2013.

— Attempting to have the aforementioned attorney general’s office investigation “terminated to give preferential treatment to an employee."

— Abuse of power to improperly influence the administration of the Osage Nation Gaming Enterprise Board by directing the board, or its employee, to pay for unauthorized expenses of Board member Randy Carnett.

— Refusing to uphold a tribal law that delegates “full and sole control over all Minerals Estate accounts” to the Osage Minerals Council. The law was enacted in October 2011 with a veto override. In February 2012, Red Eagle wrote to the council that the accounts’ management would remain with the tribe’s treasury instead.

— Abuse of power by forbidding disciplinary action towards an Osage Nation Election Board employee.

— Abuse of power by withholding at least one contract between the tribe and Rod Hartness from both the Osage News and the Bigheart Times, a weekly newspaper based out of Barnsdall, Okla. Both newspapers filed formal requests under the tribe’s Open Records Act earlier this year after Red Eagle’s office refused to disclose the terms during a legislative committee meeting.

— Breaking tribal and federal law by using tribal funds for at least one year to pay Paul Allen to maintain and develop the chief’s personal website, www.johnredeagle.com. The site was also used by Red Eagle’s campaign in 2010.

With the report publicly available, it is now up to the full Osage Nation Congress to decide how to proceed. Congress is in a special session through Friday, although it does have the option to extend the session by up to three days. Under Congress’ standing rules, a motion to proceed with a removal trial has to have at least eight votes to pass and may not be debated once made.

If a removal trial is held, a member of the Osage Supreme Court would preside over it, with the members of Congress serving as the jury.           

In a statement posted to the tribe’s temporary website, the committee defended its decision and the process it followed since it started meeting in executive session in August.

“Contrary to the statements of the principal chief and his staff to the public through media outlets, the principal chief has been afforded significant due process throughout this investigation. Principal Chief Red Eagle had the opportunity to sit in and listen to each and every witness who gave testimony before this committee, and he had the right to have his legal counsel with him at all times, which are two rights not afforded before a grand jury. The principal chief was also invited to testify before the Select Committee of Inquiry and he did so of his own free will.

“The Select Committee of Inquiry conducted its investigation in a fair and deliberate manner. Outside counsel was hired to provide an objective analysis of the committee’s preliminary findings. The Select Committee of Inquiry was unanimous in its opinion.

“If the Osage Nation Congress proceeds to a removal trial based on the evidence, the principal chief and his legal counsel will have the opportunity to present a legal defense, call witnesses, cross-examine witnesses and submit evidence on his behalf.”

The report is available in two parts online.