Chapter 31: Freedom and Justice

All of Buddha’s teachings can be expressed in two sentences.
“You must help others.
If not, you should not harm others.”
It expresses the basis of all ethics,
which is to cease harming others.
His Holiness The Dalai Lama
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There is a story from World War II that lives on, about King Christian X of Denmark. The Nazi’s had occupied Denmark, and planned a “final solution” for all Danes who were Jewish. All Jews were ordered to wear a yellow Star of David to mark themselves as targets for death.
Now it was the custom of King Christian to ride alone on his horse through the public park each morning, and on the next day he wore the Star of David. Every Danish citizen understood this silent command, and they rallied to protect the lives of their Jewish neighbors, who were all saved from the horror that had been planned.
It is a glorious story, and you can picture the King’s gallant ride in support of those marked as victims. I’m told that the mechanics of the happening were not quite so dramatic, but in essence the story is true and it will be repeated forever by lovers of freedom. Now we have another story and the victims have changed, but you too have an opportunity to do a task fit for a King. It will happen or not, depending entirely on your good will.
This is the final chapter of the book, and I want to thank you for joining me. There will be no good-bye’s because I want to stay in touch with you so we can become the brothers and sisters who walk alone on a single path. Together we can accomplish the things that come from cooperative strength applied with compassion, and leave a mark of beauty on the world forever.
The things that I propose we do together should offend no one, or at least no one worth our concern. The goal is to elevate humanity, insure freedom and survival for our American Cousins, serve justice, and leave the United States in better shape for our children. Together we can do that which honors the laws of God and man.
The problem with urging civil rights improvements is that you must persuade people to take action, while doing nothing is less risky, and many prefer to straddle the fence and make no enemies. Remember that if our founding fathers had done that, this country would still be ruled by tyrants, it is necessary to take sides, and you need a few enemies. I believe you define yourself as a person not only by the friends you cherish, but also by the enemies you struggle against.
Time to Join In:
Since you have come this far, you are among the countless worthy people in this country who cherish principles that are above and beyond personal greed and self interest. I am relying on your great numbers, I congratulate you for being what you are, and now I ask you to become part of this story.
In Lewis Carroll’s Alice in Wonderland, there was a looking glass to provide a means for Alice to step into a new dimension. In that case it was a trip into fantasy, but for you the steps lead to the creation of a new and better reality.
We will need structure and organization to accomplish change, and we must be practical, this is no Wonderland. Congress passes scores of laws each year to benefit special interests. As a former tax accountant, I am aware how complex this sometimes makes laws that would otherwise be simple. Much of this effort favors political supporters who pay our senators and members of Congress. Let’s convert some of this selfish effort into work that serves justice and our national interests; the congressional staffs can do the work to draft the laws that meet our specification.
The three areas of change I want you to become an advocate for have been described and supported in previous chapters. The first calls for the reinstatement of Julie Matt and myself. I want to recover my back pay, which I believe I have earned, along with my dignity which was assaulted, and be able to “walk the path” I have chosen for myself.
The second issue is to provide an environment that will allow our Indian Nations to survive, and the final one is to end Sovereign Immunity. If you don’t agree with all of this, at least part might appeal to your sense of justice, and you can indicate your choices in a positive way. By doing nothing, you indicate disapproval. This leaves reasonable goals that can be accomplished through public pressure. Other than money, public pressure is what politicians respond to. We are going to apply massive public pressure that will force our government to make some very dramatic improvements.
Now for the first and easiest step, personal justice. It will repair some of the damage done by BIA to Julie Matt and myself and establish a precedent that free speech is allowed for Federal employees. Both Julie and I were defeated by the appeals process, and my case was denied by the U.S. Supreme Court, so the only avenue open on that issue is the executive power of the President.
As Chief Executive, the President has the power to order BIA to restore Julie and me to our BIA jobs, with our back pay and allowances. Your part is easy, simply writing a letter, but if enough people do this the President won’t be able to avoid the pressure; after all, what’s so terrible about free speech exercised by American citizens who took a stand against fraud?
I’ll need a copy of your letter [or Email] to add-up the results, so you’ll need to make copies. One letter from one reader won’t do, but hundreds, a thousand, a hundred thousand or a million will force a response. I need each concerned citizen to make his or her decision known.
If both you and your spouse join in, please write individual letters to provide a maximum head-count, and if you have children who are old enough to understand the issues, please help them with additional letters. This could be an evening project for your family or neighborhood, and if there is a home computer available, it could be put to good use. The copies you send to me will be totaled to add pressure on the President, in case he drags his feet. Your letter may be the one that tips the balance.
I’ll divide this into parts, so you only need do what seems right to you.
Your letter should be addressed to:
President ..(name).... The White House Washington, DC 20500
and at the end, Copy to: Whistleblower In care of this publisher. (Address at front of book)
Following your “Dear Mr. President,” please insert what you approve of from the suggestions that follow. I’d like you to include every item, but leave out any part you don’t agree with.
1.) Please issue an Executive Order to restore David Henry to his former BIA position with all back pay and allowances.
2.) The same for Julie Matt.
3.) Order the Department of Justice to investigate all violations of law described in Henry’s book.
Your letter would be a good place to ask for executive clemency for Richard Real Bird and Leonard Peltier (read In The Spirit of Crazy Horse). The President has the power to forgive Real Bird’s conviction and to pardon Peltier from his present prison sentence. I told you about my friend Richard. As to Peltier, Amnesty International has stated that his trial was not fair, yet he remains in prison.
4.) Pardon Richard Real Bird.
5.) Pardon Leonard Peltier.
The Constitution does not cancel the right of free speech for Federal employees, although common sense limits apply (such as for CIA agents on national security matters, etc.) and have been defined by the Supreme Court. In practice Federal employees are denied free speech. The reinstatement of Julie Matt and myself does make a positive example. If you want to take stronger action, add this:
6.) Issue an Executive Order stating that free speech applies to all executive department employees.
Following your signature, print or type your name, address and telephone number. If you are willing, enclose a check payable to “Friends of Whistleblower” with my copy. I’ll use any checks to follow up on the missions in this book. The check is optional, but your letter is essential.
The second mission is to provide freedom for the Crow Tribe, empowering them to control their own destiny. All of the “solutions” of the past were designed to force Indians onto the “whiteman’s road.” We alienated them by making them pattern their lives after European standards.
This will require an Act of Congress. The proposed law, the CROW NATION RECOVERY ACT, is in the appendix for you to read. The law recognizes that Indian Tribes are self-governing. I want to do this for all the large tribes, the place to start is here and the time is right now.
We are back to the word sovereignty again, because it is useful. We see the bad meaning of it in “absolute,” which in this country we partly limited with the Bill of Rights. Indians felt the concept had no relationship to them, because their government had no absolute rights to begin with.
There are other limits on sovereignty; we see the need for free speech and limits on government oppression beyond our borders as well as at home, and that concept is growing. In centuries to come perhaps we will not have “one world,” but instead share more enlightened ideas about liberty and justice that will elevate people to greater nobility than in the past.
The first part of this proposed law clarifies the issue of tribal sovereignty. Tribal governments have the power to levy taxes, and are largely exempt from taxation by states, but the distinction has been left cloudy, prolonged court battles result, and the states and federal government chip away at Indian self government. The law will recognize Indian Tribes as our treaties do, and strengthen their inherent power to govern themselves.
A difficult problem is that tribal rules for membership (citizenship) differ from the states, so we must consider non-Indian residents of reservations. Non-Indian residents can not vote in tribal elections, and complain about taxation without representation. It is their choice to be there, and they are subject to tribal taxes and authority. This is no different than if they decided to live in Canada, where they would be subject to Canadian law and taxes with no vote.
If we need a reason for selecting the Crow as our model, we can say it is because they never raised the rifle against the United States. Before the coming of the white man, their prophets predicted the event and advised the Crow to be friendly with the whites, and they honored their prophets.
The best fishing on the Crow Reservation is located below the dam on the Big Horn River, which clearly is the property of the Crow, our treaties left no doubt. The white “sportsmen” did not like to stop at an Indian office to purchase a fishing license from the Crow, who might say “no” or charge a high price. They went to court, and as you might guess the court said that the State of Montana owned the river bed, so whites did not need a Crow license to catch Crow fish. The State of Montana did not exist when the Federal treaties declared that this land with its rivers and water were the property of the Crow. Our law will bypass the Supreme Court to return the river to its rightful owner.
Part I of the proposed law lets the Crow manage their own affairs, and gets BIA off their backs. Their present government is a monster designed by BIA, and I suggest they redesign it to suit themselves. Once again they can elect district (or band) chiefs, and have them sit in a representative council with a head chief or administrator, but what they do and how they do it is up to them. The next problem to deal with is the land held by whites, which makes Indians refugees in their own homeland.
Here is what the treaty of 1868, between the United States and Crow Nation, guaranteed:
(after describing the land boundaries)
... and the same is set apart for the absolute and undisturbed use and occupation of the [Crow] Indians ...”

“... and the United States now solemnly agrees that no persons ...” [except designated federal employees, etc.] “... shall ever be permitted to pass over, settle upon, or reside in the [Crow] territory described in this article ...”
How do you reconcile that formal and binding promise with the situation today, where 95% of the Crow land is either owned or controlled through leases by non-Indians? Obviously our Treaties have not been obeyed. The time has come to respect our national honor. They Crow kept their part of the bargain, now it is time to keep ours.
Some of these Indian losses took place a hundred or more years ago, so the non-Indian heirs to the land should not be punished. After several generations you can assume they have learned to love the land and they have much of themselves invested in it. And yet, this non-Indian ownership destroys Indians, and dooms them to grinding poverty and gradual but certain genocide.
With all possible kindness to the present non-Indian owners, the treaty-land must be returned to tribal ownership. The cost will be subsidized by the federal government, after all, the entire United States once belonged to the Indians, so we owe them something. We will keep the first thirty million acres of Crow land, so this is not “giving it back to the Indians,” but just honors our final treaty. They get to keep about eight thirtieths (a little over one quarter) of their original land base as defined by the United States.
Small farms and ranches owned by non-Indians can be kept for life, or they can sell out now if they wish. Large unpopulated parcels can be reclaimed at once by the tribe through eminent domain, but where there is a single non-Indian residence the square mile on which that house is located can be kept for life by the present non-Indian owner.
By his method the tribe can buy back the land with credit provided by all of us, and at one percent a year the land should pay for itself. Uncle Sam will forgo any interest, and the method of payment is a bargain for the tribe. I believe this is fair. The tribes did not want to sell, and they were paid next to nothing in coerced transactions, to cover the fact that in many cases white squatters had already taken the land by force. The cost to the United States is small compared to “foreign aid,” or money dumped on “pork” projects for the home districts of our legislators.
The final section of the proposed law deals with trust services. BIA holds the whip, and we have learned that BIA is crooked. Trust services will be taken over by the tribe, bypassing BIA, which will leave BIA with not much excuse for continuing to exist.
The Tribe presently contracts to administer some federal programs and services. There is a constant battle about how the money should be spent, and when the Tribe follows its own rules, the federal government calls it misapplication, fraud and corruption. The United States forces the tribe to follow the standards of a white dominated government.
For the present these federal programs will continue. The Tribe will take over, and it will need latitude in managing (and determining eligibility requirements) the programs. Part III of the proposed law does that, and pushes BIA out the door.
This is a great step forward. Indians, starting with Crow Nation, will have most of the attributes of statehood. They will be free from harassment, control their own land, taxes and police, and will have a chance to survive and grow. BIA will be off their backs, and a model is provided that other tribes can follow. Indians will be free, as we promised.
O.K., so we have a proposed solution, an idea whose time has come, but how do we make it happen? It means putting someone else ahead of self interest, a thing history shows that many people won’t do, even if they give lip-service to the ethic of caring for those who are less fortunate.
We have to give this a lot of publicity, convince people that it’s the right thing to do, and that it must be done now. Something you can do is to promote this book and get your friends to read it. Another is to join my “Friends of Whistleblower” group as described earlier, so we can lobby Congress effectively.
This second mission requires a second letter from you. This time I will ask you to write your two Senators and your Member of Congress, urging them to sponsor and pass the Crow Nation Recovery Bill, and again to send me a copy.. The letter itself will have a dual purpose, covering both this mission and final one, so the letter it will be described further on.
If enough of you write, the pressure on Congress will be impossible to resist and this will become a reality.
Finally, the Indians themselves will have to push long and hard to get Congress to pass this law. The white ranchers, land exploiters (there are many) and racist groups will oppose us with slick words driven by greed. We must overcome hate and money with love and determination. Now you know what I am asking, and I ask for your help. There is no “liberty and justice for all” in these United States until our American Indians have their treaty promises kept.
To those many Indians who have no chance for jobs because of the white man’s illness, let all share one job. Work to regain your liberty, and the Indian land promised by United States Treaty. It’s a job with no pay, but there is no work with greater pride. It will take your greatest effort, skill and devotion, but it creates a future for yourself and your children, and your struggle supports the dignity of all who yearn for freedom and justice.
There can be no sacred ground in which to bury your dead until the Indian Nations are free. Greet the morning sun as one people. Let the drums sound on this Indian March to Freedom, and all future generations will honor your name. And remember - be ashamed to die until Indians are free.
FEDERAL POLITICAL REFORM:
This is the third and last mission. You can’t just pass laws to create responsible government. The root structure and climate must be changed, and by doing that everything else will fall into place. What we are doing will leave a mark on our federal government forever, and the mark is commendable. It is a legacy for our children, and will be the greatest advance of democracy in our time.
The kings are dead; government is not absolute
and people have intrinsic rights.
Getting rid of the doctrine of sovereign immunity will make the federal government subject to the laws in each state for such things as fraud, theft, bribery and embezzlement, but that’s not where it will end.
Federal laws supersede state laws, so you can be sure Congress will write federal laws about misdeeds similar to those now used by the states, so that enforcement will be uniform throughout the country instead of varying from state to state. This will move jurisdiction to federal rather than state courts, but there is nothing wrong with that. One simple change will trigger this reaction, and responsible laws and better government behavior will follow.
Sovereign immunity is an outmoded doctrine that has been reduced and chopped at but still lives. It protects federal politicians who take bribes, and it takes away responsible government. Federal officers, like children, are not responsible for their acts, and neither are their bureaus and agencies. This is a safe haven for crooked dealing, and leads to the horrors described in this book. Federal officers can commit crimes against each other or against citizens with complete immunity.
You and I as citizens are responsible for our acts, and if we do harm to others we can be taken to court. We are responsible, and if our acts are done for a company or organization, it is also liable. People behave better when they are held accountable, and law provides penalties to control those who lack principles.
Sovereign immunity was and is a mistake, so we must get rid of it forever. One simple law will take care of the problem.
Thomas Hobbes was an English philosopher who described the idea of absolute power as tyranny. His ideas were recorded over three hundred years ago, so it’s about time we make this revolutionary change. In honor of Mr. Hobbes (I’d like some credit too) we’ll call this the Hobbes-Henry Act.
Some immunity is reasonable and just, but the Federal Government will have to pass laws about this that are subject to our review and control. Exemptions from liability might include such things as using “reasonable care” and due process. Positive laws are a better approach than the present blanket exemption from liability for all federal employees.
It is not effective to advocate reform unless there is a way to get it accomplished. In spite of whistleblower laws, very few have received justice. Federal reforms move at a snail’s pace, and sovereign immunity (with political patronage) has been a way of life since the United States was founded. Enough is enough.
For the first mission, you could write that letter to the President. The final two missions require the passage of law, so for them pressure has to be applied to Congress. The Senate is the place to concentrate the effort.
You can help with these final two missions by writing your second letter, this one to the Senate Select Committee on Indian Affairs. To get maximum effect, copy the two Senators from your state, and reserve a copy for me like you did with the President’s letter. The address is:
Senate Select Committee on Indian Affairs
Washington, DC 20510-6450
I’d suggest that your letter include the following:
1). Please sponsor and support the Crow Nation
recovery Bill.
2). Please sponsor and support the Hobbes-Henry Act to end Sovereign Immunity.
That’s it. Add “Copies To” and write in the name of your two Senators, and also my name and address (in care of the publisher) as given earlier, and don’t forget your own name and address. If you are not a U.S. Citizen, I still want you to write because your letter will have moral value, although you have no vote. Just identify your country, and obviously you can’t direct a copy to individual Senators.
Your letters, the copies and postage stamps, can all be handled in a short time at little cost. The copies of both letters can be sent to me in one envelope, and you can include the copies from your spouse, children, friends and neighbors. If you have a computer or word processor, you might offer to help them with the preparation of the letters.
Democratic governments don’t survive if voters don’t care or make their opinions known. Getting the President to act is probably easier that pushing the Senate and Congress, so follow-up effort will be needed until this is a done-deed.
We need organization, and it will take time to accomplish all this. This book is a start, and I urge you to have your friends read it and join in. Tell your friends about this, loan them your book or suggest they get their own, and help them to get their letters prepared and mailed. The book and letters might be enough, but it will at least start the ball rolling, and be a catalyst for change.
Write me in care of the publisher, or you can do that by just sending me copies of your letters. The publisher will forward your mail to me, and you’ll be on my mailing list as a friend and ally.
To take a stand, we will need to support or oppose individual politicians and actions by government agencies. No, we will not act like a PAC and pay money to politicians, but we need to reach voters, which means mailings, speaking engagements, advertising and use of radio and television. We will be competing with the negative pressure from special interests that see Indians as victims to be exploited.
Please become a Friend of Whistleblower. I need your help and personal involvement. I promised you a way to step into this story , and now you have a way to make your judgment known. We will need to keep pushing, and your help will give us the courage to do that. As a friend, you will be welcome in Indian Country. Schedule your summer vacation to include a trip to Montana, and you can combine that once in a lifetime trip to Yellowstone Park with Crow Fair, which takes place in the third week of August . I want to touch your hand, so we may become friends and draw strength from each other.
Write to me about Crow Fair. I will answer you directly, or ask the Crow Tribe to send you information. If there are enough people, we will organize packaged tours and solicit special rates through a travel agency, to provide the best possible trip for you. If you have children, bring them as well as your friends.
You will discover that “real live Indians” are also real live people, who are kind, loving and deserve the right to survive in freedom and dignity as part of our culture and American heritage. In addition to an eye-opening experience and personal adventure, you may develop personal friendships with Indians or with the like-minded people who join us in the struggle to uplift humanity.

Thank you for hearing my story. Aho.