As an example, I was "below the zone" to LTC and Colonel, and was selected for promotion to Brigadier General in 1999 on my first look (that put me two or three years ahead of my year group - '74 - depending how one wants to look at it.) I was immediately assigned to a Brigadier General slot (ADC 4th Infantry), but was not formally promoted until 2001. That means I was selected with 24 years of service and promoted with 26 years. Yes, McMaster made general officer about as fast as is possible in the United States Army.
This is going to cause some problems.
Wonder how many convicted felons just got a get out of jail free card. Good chance no more casino revenue will go to the state, even though it helps maintain roads and infrastructure.
Understand where Gorsuch is coming from, but don't see how he can ignore 100+ years of Statehood and precedent.
Glad I live in the unassigned lands.
https://www.zerohedge.com/political/supreme-court-nearly-half-oklahoma-indian-reservation
While all eyes were on the Supreme Court's Thursday decision granting New York prosecutors access to President Trump's taxes, a ruling earlier in the day recognized roughly half of Oklahoma as an Indian reservation - in a move which could have wide-ranging legal implications for the 1.8 million people who now live in "Indian Country," according to the New York Times.
The decision, authored by Justice Neil Gorsuch, holds the United States to an 1866 treaty that the Muscogee (Creek) Nation signed with the United States after the Civil War over land which was home to the "Five Civilized Tribes"; the Creek, Cherokee Nation, the Seminole, the Chickasaw Nation, and the Choctaw Nation, according to The New Republic.
"Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law," wrote Gorsuch, a Trump appointee. "Because Congress has not said otherwise, we hold the government to its word."
Joining Gorsuch in the majority were Justices Sonya Sotomayor, Elena Kagan, Stephen Breyer and Ruth Bader Ginsburg, while Justices Alito, Kavanaugh, Roberts and Clarence Thomas argued in the minority - siding with the state of Oklahoma.
"A century of practice confirms that the Five Tribes’ prior domains were extinguished," wrote Roberts. "The State has maintained unquestioned jurisdiction for more than 100 years. Tribe members make up less than 10%–15% of the population of their former domain, and until a few years ago the Creek Nation itself acknowledged that it no longer possessed the reservation the Court discovers today."
Roberts added that "The State’s ability to prosecute serious crimes will be hobbled and decades of past convictions could well be thrown out," and that "The decision today creates significant uncertainty for the State’s continuing authority over any area that touches Indian affairs, ranging from zoning and taxation to family and environmental law."
The original case (via the New York Times):
Sharp v. Murphy, No. 17-1107, which arose from the prosecution in state court of Patrick Murphy, a Creek Indian, for murdering George Jacobs in rural McIntosh County, east of Oklahoma City.
After he was sentenced to death, it emerged that the murder had taken place on what had once been Indian land. Mr. Murphy argued that only the federal government could prosecute him and that a federal law barred the imposition of the death penalty because he was an Indian.
Mr. Murphy convinced the United States Court of Appeals for the 10th Circuit, in Denver. But when the case was argued before an eight-member Supreme Court, the justices seemed divided and troubled. (Justice Neil M. Gorsuch, who had served on the 10th Circuit when it ruled on the case, recused himself.)
Instead of issuing a decision before the term ended in June 2019, the court announced it would hear another set of arguments in its current term, which started in October. That was a sign the court had deadlocked, 4 to 4.
But there was no new argument in the Murphy case, probably because it was not clear another hearing would break the deadlock. Instead, the court heard Mr. McGirt’s case, allowing the overarching issue to be settled by a nine-member court.
Muscogee tribal leaders cheered the ruling, vowing to work with state and federal law-enforcement authorities to ensure public safety within the reservation, according to the Times.
"This is a historic day," said Principal Chief David Hill. "This is amazing. It’s never too late to make things right."
@Wheels will part of the domino effect of this ruling be the elimination of calling anyone or singing "Okie from Muskogee."
Saw this also today.... It was brought to my attention by an attorney who specializes in Title opinions, who said no way would any title opinion would be happening in any of that new territory until lawsuits and court rulings clarify the SCOTUS ruling. Another person wondered if they would have to pay federal and state taxes if they were in Indian territory......My first thought was here comes Zimbabwe to the USA......What a mess, I can't believe our SCOTUS is so short sighted, they should have seen this coming.This is going to cause some problems.
Wonder how many convicted felons just got a get out of jail free card. Good chance no more casino revenue will go to the state, even though it helps maintain roads and infrastructure.
Understand where Gorsuch is coming from, but don't see how he can ignore 100+ years of Statehood and precedent.
Glad I live in the unassigned lands.
https://www.zerohedge.com/political/supreme-court-nearly-half-oklahoma-indian-reservation
While all eyes were on the Supreme Court's Thursday decision granting New York prosecutors access to President Trump's taxes, a ruling earlier in the day recognized roughly half of Oklahoma as an Indian reservation - in a move which could have wide-ranging legal implications for the 1.8 million people who now live in "Indian Country," according to the New York Times.
The decision, authored by Justice Neil Gorsuch, holds the United States to an 1866 treaty that the Muscogee (Creek) Nation signed with the United States after the Civil War over land which was home to the "Five Civilized Tribes"; the Creek, Cherokee Nation, the Seminole, the Chickasaw Nation, and the Choctaw Nation, according to The New Republic.
"Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law," wrote Gorsuch, a Trump appointee. "Because Congress has not said otherwise, we hold the government to its word."
Joining Gorsuch in the majority were Justices Sonya Sotomayor, Elena Kagan, Stephen Breyer and Ruth Bader Ginsburg, while Justices Alito, Kavanaugh, Roberts and Clarence Thomas argued in the minority - siding with the state of Oklahoma.
"A century of practice confirms that the Five Tribes’ prior domains were extinguished," wrote Roberts. "The State has maintained unquestioned jurisdiction for more than 100 years. Tribe members make up less than 10%–15% of the population of their former domain, and until a few years ago the Creek Nation itself acknowledged that it no longer possessed the reservation the Court discovers today."
Roberts added that "The State’s ability to prosecute serious crimes will be hobbled and decades of past convictions could well be thrown out," and that "The decision today creates significant uncertainty for the State’s continuing authority over any area that touches Indian affairs, ranging from zoning and taxation to family and environmental law."
The original case (via the New York Times):
Sharp v. Murphy, No. 17-1107, which arose from the prosecution in state court of Patrick Murphy, a Creek Indian, for murdering George Jacobs in rural McIntosh County, east of Oklahoma City.
After he was sentenced to death, it emerged that the murder had taken place on what had once been Indian land. Mr. Murphy argued that only the federal government could prosecute him and that a federal law barred the imposition of the death penalty because he was an Indian.
Mr. Murphy convinced the United States Court of Appeals for the 10th Circuit, in Denver. But when the case was argued before an eight-member Supreme Court, the justices seemed divided and troubled. (Justice Neil M. Gorsuch, who had served on the 10th Circuit when it ruled on the case, recused himself.)
Instead of issuing a decision before the term ended in June 2019, the court announced it would hear another set of arguments in its current term, which started in October. That was a sign the court had deadlocked, 4 to 4.
But there was no new argument in the Murphy case, probably because it was not clear another hearing would break the deadlock. Instead, the court heard Mr. McGirt’s case, allowing the overarching issue to be settled by a nine-member court.
Muscogee tribal leaders cheered the ruling, vowing to work with state and federal law-enforcement authorities to ensure public safety within the reservation, according to the Times.
"This is a historic day," said Principal Chief David Hill. "This is amazing. It’s never too late to make things right."
Saw this also today.... It was brought to my attention by an attorney who specializes in Title opinions, who said no way would any title opinion would be happening in any of that new territory until lawsuits and court rulings clarify the SCOTUS ruling. Another person wondered if they would have to pay federal and state taxes if they were in Indian territory......My first thought was here comes Zimbabwe to the USA......What a mess, I can't believe our SCOTUS is so short sighted, they should have seen this coming.
Oklahoma will be forced to purchase the land back. As you said, it will not be that big of a deal in a couple of years once the dust is settled.I don't see this affecting Fee Simple Title.
The decision is probably not going to be as bad as we initially fear. It still may cause a lot of problems.
Talked to an attorney who said Gorsuch is putting this treaty back into Congress' lap. Problem is Congress won't make a decision. We need term limits.
This is not a state problem, it is a Federal problem. And the implications of no Title Opinions is huge. No refinancing or purchase of land with borrowed money. Even if that is temporary, it will shut down housing and real estate loans. Bankers have already reacted to the decision.Oklahoma will be forced to purchase the land back. As you said, it will not be that big of a deal in a couple of years once the dust is settled.
Oklahoma will be forced to purchase the land back. As you said, it will not be that big of a deal in a couple of years once the dust is settled.
As a three button and NSA to the President he ended a bit stronger.Thanks for the excellent explanation and comments. Both you and Gen McMaster had very impressive career paths.
As a three button and NSA to the President he ended a bit stronger.
I had the privilege to go to war with Donald Rumsfeld on behalf of my service as Chief of legislative Liaison. That old man has a lot of Army blood on his hands. In any case, the CSA, Sec Army, and yours truly moved to the top of his enemies' list. That moved up my retirement plans dramatically. Though from a personal financial perspective, he was the best thing that ever happened to us. Tell you all about it over a beer sometime.Yes, getting fired by Trump has been the crowning achievement for many good, distinguished careers.
In an attempt to finish off my professional career in some sort of similar way, I've been thinking about joining a circus (one with three rings, naturally) and then getting fired within the first month. Unfortunately, COVID has been hampering this process.
I had the privilege to go to war with Donald Rumsfeld on behalf of my service as Chief of legislative Liaison. That old man has a lot of Army blood on his hands. In any case, the CSA, Sec Army, and yours truly moved to the top of his enemies' list. That moved up my retirement plans dramatically. Though from a personal financial perspective, he was the best thing that ever happened to us. Tell you all about it over a beer sometime.
And I should add, I was working very hard at the expressed direction of my chain of command and within the traditional rules of engagement in the Pentagon and on Capitol Hill.
If that is the case, just pull it out, put it in a squirrel, and watch the helicopters scramble.A cashless society is bad. At some point the Feds(Dems) will want to microchip all of us.
Mark of the beast.
If that is the case, just pull it out, put it in a squirrel, and watch the helicopters scramble.