PAWHUSKA, Okla. – The Osage Nation Congress will hold a special session Nov. 14 to consider whether to hold a removal trial for Principal Chief John Red Eagle as recommended by a committee.
On Monday afternoon, the Osage Congress’ Select Committee of Inquiry issued a report on 15 allegations made against Red Eagle, finding enough evidence to support six counts and 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.
Among the 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."
— 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.
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.
On Tuesday afternoon, Red Eagle issued a statement defending his actions and questioning the role Congress would play in the potential impeachment proceedings.
“This conflict has come about because I am performing my duties as head of the executive branch of government to do my best to protect our culture, our language, our traditions, our values, our lands, and most importantly of all, the Osage people,” he said. “Congress disagrees with my judgment and wants to run the executive branch and Congress.
“They have convened a Committee of Inquiry, which has recommended I face an impeachment trial. Such a trial would also make them a court, so they want to be the legislative branch, the executive branch and the judicial branch. Their basic accusation is that I have exceeded and abused my authority.”
In a statement posted to the tribe’s temporary website Monday, 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 and its supporting documentation is available on the Osage Nation’s temporary website, http://osagenation.co/congress, at the bottom of the page.
