A court hearing Friday for two descendants of people enslaved by the Muscogee Nation was punctuated by accusations of “racial fear mongering” and historical comparisons by an attorney for the tribe.
Muscogee freedmen descendants Rhonda Grayson and Jeff Kennedy had their citizenship granted in September 2023, potentially setting precedent for others like them. The presiding judge cited the tribe's Treaty of 1866, which said people listed on the Muscogee Freedmen roll are eligible for tribal citizenship.
The nation appealed the ruling to its Supreme Court and has since appointed James Jennings and Samuel Deere as justices via an emergency bill proposed by Principal Chief David Hill.
Grayson and Kennedy’s attorneys with the Justice For Greenwood group have accused Muscogee officials of trying to gain a favorable ruling with their two appointments. They specifically pointed to Jennings, a former Muscogee councilman who supported a line adopted by voters in the tribe’s 1979 constitution that says citizenship is only available to those who are “Indian by blood” while he was running for election.
During a hearing Friday for Grayson and Kennedy’s appeal of the two appointments, attorney for the Muscogee Nation Kyle Haskins called the plaintiff’s team’s efforts “inflammatory” and “offensive.” Justice For Greenwood has published multiple news releases accusing the Muscogee Nation of keeping racist practices in their constitution.
“Appellants rely on creative perception and racial fear mongering,” Haskins said.
Haskins also compared the plights of Native and Black people.
“Enslavement is a tragic chapter of American history. However, those atrocious acts do not overshadow attempts by the United States government to completely eradicate the Muscogee-Creek people,” said Haskins.
Haskins further argued that Jennings’ comments don’t impact his ability to be impartial in the case. However, Muscogee Supreme Court Justice Andrew Adams pointed out judges are commonly vetted by public officials about past rhetoric before taking office.
Haskins argued it’s Jennings’ responsibility to recuse himself if he sees fit.
“In them being selected, part of that threshold levels to whether they can set aside their personal views and expressions and uphold their obligations,” he said.
Attorney for the descendants Jana Knott argued the Muscogee Constitution doesn’t allow the national council to appoint Supreme Court justices.
“The Legislature does not have the authority to legislate this court. Just because it has happened in the past doesn’t mean it’s constitutional,” Knott said.
Muscogee Nation Communication Director Jason Salsman has argued the move by Hill and the council followed “the same process as every other judge.”
Justice Adams said it would take more than 10 days for the high court to rule on the appeal.
