Three Oklahoma tribal nations are requesting to join lawsuits filed by the U.S. Department of Justice against two Green Country district attorneys.
Last year, the DOJ sued eastern Oklahoma district attorneys Carol Iski and Matt Ballard. Those suits followed the U.S. Supreme Court’s momentous 2020 McGirt v. Oklahoma decision defining much of eastern Oklahoma as Indian Country.
Historically, crimes committed by Indigenous people on reservations have been prosecuted by tribal or federal authorities. But Matthew Morgan, chairman of the Oklahoma Indian Gaming Association and special envoy for the Chickasaw Nation, said Iski and Ballard have “consistently tried to push the envelope” when it comes to pursuing state charges against tribal members.
“Indian Country within Oklahoma is very expansive. My understanding is about 15 DAs deal with the post-McGirt Indian Country issue on a regular basis. The matters that we are seeing from these two individuals are way out of proportion and not reflective of the partnerships we have with other local DAs on these issues who tend to understand where the lines are drawn,” said Morgan.
The Chickasaw Nation joins the Cherokee and Choctaw nations in seeking to be part of the DOJ’s cases, though the Chickasaws are seeking intervention in only Ballard’s suit due to specific cases pursued by the Rogers, Mayes, and Craig counties district attorney.
In a December interview with NonDoc, Ballard was unapologetic for his fight against “federal overreach” with his prosecutions of “child pornographers, drug dealers” and fentanyl traffickers.
Iski, who oversees Okmulgee and McIntosh counties, acknowledged the litigation through a statement to NonDoc from the Oklahoma District Attorneys Council.
Morgan said the three tribes decided to join the lawsuits rather than just file supportive documents because the future of public safety in Indian Country is at stake.
“We’re dealing with a federal standard of Indians in Indian Country. It was important enough to make sure our voices are heard,” said Morgan.
When asked how the cases may fair with the election of President Donald Trump and the possible elevation of conservative Pam Bondi to the DOJ’s top spot, Morgan emphasized the attention already given to the suits.
“The Department of Justice never enters into these types of things quickly. They do a lot of vetting, a lot of legal analysis to ensure they believe their position is correct. So while there may be changeover in presidential administrations, we believe the point of these lawsuits are very important,” said Morgan.
