DOJ Sues 2 Oklahoma Prosecutors Over Tribal Jurisdiction

TULSA, Okla. –

Background on Jurisdiction Disputes

The 2020 Supreme Court ruling in McGirt v. Oklahoma affirmed most of eastern Oklahoma as Indian Country, limiting state authority over crimes involving tribal citizens. However, the 2022 Castro-Huerta decision allowed states to prosecute non-Indians committing crimes against tribal members in Indian Country.

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Oklahoma prosecutors have since interpreted this ruling to claim broader jurisdiction, including prosecuting tribal citizens which the DOJ says violate federal law.

Key Allegations

The DOJ accuses Ballard and Iski of improperly filing criminal cases against tribal citizens in violation of tribal sovereignty. Specific cases cited include child neglect, drug trafficking, and assault charges.

Federal courts are being asked to issue injunctions barring these prosecutions and reaffirm tribal and federal jurisdiction over such crimes.

DOJ’s Position

The DOJ argues these actions create “jurisdictional chaos,” threatening tribal sovereignty and federal prosecutorial authority. They are seeking immediate judicial intervention to clarify the limits of state power in Indian Country.

Statement From Cherokee Nation

Cherokee Nation Attorney General Chad Harsha released the following statement about the lawsuit.

“Since the McGirt decision affirmed the status of the Cherokee Nation reservation, we have worked diligently to meet our public safety responsibilities and collaborate with our federal, state, and local law enforcement partners. This collaboration requires mutual respect for jurisdictional limits and the rule of law, which are deeply rooted in the United States’ founding and constitution.

Attempts by some law enforcement officials to circumvent the law and improperly impose state jurisdiction over tribal citizens within tribal reservations impact the integrity of criminal cases and put Oklahoma’s public safety at risk. We appreciate the Department of Justice’s action to properly enforce the law and will continue to follow this matter closely as we continue to protect our rights and our sovereignty.”

Ballard Response

Ballard issued a statement on Dec. 24 in response to the lawsuit. Ballard characterized the move as a federal overreach into local communities.

“Yesterday, the day before Christmas Eve, I learned that the Biden administration’s DOJ filed a lawsuit against me seeking to stop the prosecution of Native American defendants, contrary to a recent decision by the Oklahoma Court of Criminal Appeals. In a week when President Biden issued a record number of commutations benefitting offenders committing the most horrendous crimes, it is telling that his DOJ now seeks to involve the federal government in local law enforcement.

The lawsuit specifically names cases my office has filed involving crimes such as producing child pornography, dealing drugs, and neglecting children. It is offensive that the federal government believes it knows better than local law enforcement how to handle child pornographers and drug dealers who are committing crimes in the neighborhoods we fight to keep safe. Local law enforcement is committed to justice in our own community and that justice does not change based on race, political affiliation, or by placing people in categories.

I am committed to enforcing the laws of Oklahoma and I will not sit back and let the federal government interject itself into the community I call home.”

Governor Stitt Addresses Lawsuit of Oklahoma Prosecutors

Oklahoma Gov. Kevin Stitt also commented on the lawsuit Wednesday saying that the Supreme Court’s McGirt decision is the original source the the issue.

“Biden’s DOJ would rather let criminals – including drug traffickers and child abusers – go free instead of letting Oklahoma district attorneys prosecute criminals. The McGirt decision continues to cause chaos in my state and our DAs are one of the last lines of defense. This is insanity.”

For Oklahomans, this legal battle highlights the ongoing tensions over tribal jurisdiction and jurisdictional authority.