MUSKOGEE CREEK INDIAN FREEDMEN BAND
On April 4-6 there will be an important civil rights trial in the Muscgoee Creek Tribal Court in Okmulgee OK. Native Americans believed when they signed peace treaties with the United States that those treaties created enforceable mutual obligations. Such was the case in 1866 when, after the civil war U.S. and Muscogee Creeks. In fact, Rob Williams in Linking Arms Together wrote (pp 46-48) that Treaties between Indian Tribes and the United States created sacred obligations.
And for 113 years after the War, Black Creeks lived and prospered among the Creeks, as full tribal members, attending Creek churchs, speaking Creek language, and even holding elective office.
That was how things were until 1979 when when the Muscogee Nation adopted a new Constitution that, in clear violation of The 1866 Treaty, excluded the descendants of former Creek slaves from being tribal citizens.
Does that sound like #RacialDiscrimination? It sure does to Rhonda Grayson and Jeffrey Kennedy, the two Black Creeks who are the plaintiffs in the law suit in Tribal Court.
Is the Treaty of 1866 still valid? The Treaty that officially created the Creek Nation and established its relationship with the United States? The very Treaty that created the Tribal Court where Judge Mouser will hear the case?
Where should the Black Creeks go for justice? Where should this matter properly be resolved? In a Creek Tribal Court? At The Creek National legislative Council? In Federal Court? By the U.S. Congress? At the United Nations Inter-American Court on Human Rights? Stay tuned.
A recap from the public hearing on October 21, 2022, regarding a possible conflict.
"Judge Mouser stated that the case had languished long enough and that we would set a scheduling order on the case today."
In the District Court of the Muscogee Creek Nation
Creek Citizenship hearing set for April 4, 5, and 6, 2023
Please see the attached scheduling order for the Creek freedmen citizenship case in the District Court of the Muscogee Creek Nation of Oklahoma.
What was the Potential conflict? Judge Mouser served on the MCN Supreme court from 2005 to 2011 as a Chief Justice for the MCN. For a relevant period during the potential conflict Judge Mouser was not the chief justice; she was an associate justice, where she denied the appeal on another Freedmen citizenship case. The Judge stated in her notice that she could be "fair and non-bias, courts are not infallible, and she is not infallible."
Judge Mouser states she feels this case deserves to see the light of day and would like to move forward as the Judge in the case. "If I am recused, the search for another judge will begin, and I can't tell you how long that will take, but there will be another delay."
The attorneys and clients for the Citizenship case decided to sign the waiver and move forward with Judge Mouser as the presiding Judge.
The Muscogee Creek Indian Freedmen Band held a news conference to address a House resolution which would sever United States government ties with the Creek Nation of Oklahoma.
The Muscogee Creek Indian Freedmen Band file formal lawsuit, demanding Creek citizenship be restored.