During this Mohawk’s trial back in 1990, when the wampum was brought out to indicate that he would speak the truth, McCurn dismissed the jury. He claimed the ceremony might “prejudice” them in favor of the Indian. In other words, he was not willing to allow any evidence in his court of our peacefulness and rationality. He wanted to leave established Indian stereotypes in tact.

When McCurn gave his instructions to the jury, he preached, “You have heard and can only consider federal Indian law. The constitution of the Iroquois has no place in here”. He tried to control their thinking to keep Indians shackled under the jurisdiction that has been illegally appropriated by the state. Illegally, that is, according to standard international norms.

As the former Mohawk defendant pointed out, “There is no basis in the U.S. Constitution for McCurn’s position”. All the judge wanted to do was to nail him because he was an effective advocate for his people. On June 8, 2005, Judge McCurn was up to his old tricks. He adopted Judge George Lowe’s deceptive Report and Recommendations. It was a non-answer to our question in our “Notice of Jurisdictional Suggestion” of January 31st, 2005 (Doc. 368). Judges McCurn and Lowe found our objections to be without merit. They read it and were struck blind! They didn’t see anything in the 108 pages of well researched and presented material that we filed.

Jurisdiction and federal Indian law. Our question that the U.S. courts are being asked to consider is: Does the United States have jurisdiction over Indigenous land that has never been surrendered? This leads to the second question. Is federal Indian law constitutional? Judge McCurn’s Order shows that the rule of law has no place in the federal court system. We pleaded the facts that they have no law to back up what they are doing. Indian country is still Indian country. McCurn and Lowe exposed themselves for the remorseless criminals they are. They refuse to stop the crime of genocide. They continue to lie that federal Indian law has jurisdiction over sovereign Mohawk land. They know better but continue their cultural butchery of our people. New York State laws and courts are not immune from the rule of law or international law. After all, the United States signed the genocide convention and is obliged to uphold it. The New York State judicial and law enforcement system is completely mired in their own confusion.

Judges evade law. We duly filed much reason and fact to support our position. A judge is suppose to be responsible and accountable for his decision. Judge Lowe’s Report did not quote a single precedent or legal authority. It relied entirely on Judge Lowe’s emotional reactions and personal beliefs. McCurn echoed it. To summarily dismiss our question means they found nothing in the U.S. Constitution to support their position to evade the law. So they said nothing and told us to get out of their face! In effect, they are guilty of refusing to exercise their judicial duties of fairness and impartiality. They refused to look at and consider the constitutional law and the evidence we presented. They are guilty of perpetuating the genocide of our people. They are “following orders”, that is, the federal Indian (gulag) law.

Judges incompetent. McCurn’s Motion represents a refusal to explain the legal basis for the usurpation of our land and sovereignty. This attempt to strip away our identity is genocide. We must address his refusal to carry out his duty. If McCurn can’t do the job, the Americans need a competent judge who can. The judges and court bureaucrats continue to obstruct our constitutional question from reaching the U.S. Supreme Court. It may be necessary to apply to the United Nations or the international community to find a neutral tribunal and the legal expertise required to answer this question. Everyone in the United States already knows the answer to our question. We are sovereign and all of North America is unsurrendered Indigenous land. The United States has an obligation to explain the legal basis for the position it has taken.

We are appealing. We will now consolidate all our cases in the Court of Appeal in the Onondaga, Onieda and St. Regis cases. The Court of Appeal has been stonewalling us for the last three months. Lowe and McCurn took their time planning how they could kick us from here to kingdom come. They came up with nothing!

There is no possible way the Second Circuit Court of Appeal judges could not see the issue. We put it in several different ways. Anybody in the world can see it. When they did that they gave us a strong case to appeal. We will say, “Here is the record of the travesty. You must hear us on the original action in defense of our national territory. We have gone through the system. Every judge refuses to identify a constitutional basis for the crimes they are committing against us”. Genocide must stop! Justice Clarence Thomas of the U.S. Supreme Court is the only honest man who has the courage to acknowledge that he sees it. The U.S. Supreme Court has to act.

According to Lowe and McCurn, Clarence Thomas erred when he stated in Lara v. USA that he found no evidence that any Indigenous people ever gave up their land or surrendered their sovereignty. New York federal court judges have taken it upon themselves to undermine the U.S. Constitution and the Supreme Court. This is consistent with Thomas’ observation in Lara about the schizophrenic nature of federal law and Indigenous people. Either the state or the constitutions of the Indigenous people and the U.S have jurisdiction. Can’t have both. It is obviously time to clean the rust off the Covenant Chain. The Americans need to rethink what they are doing and uphold their laws and agreements.

Kahentinetha Horn
MNN Mohawk Nation News