Reznet

Indian Trust Plaintiff Comments on Appeals Court Ruling

By Bill McAllister

WASHINGTON—Friday's ruling by the U.S. Court of Appeals for the D.C. Circuit in the Indian Trust case makes clear that the government's duty to account continues and that the government "cannot simply throw up its hands and stop the accounting," lead plaintiff Elouise Cobell said.

She expressed appreciation for the court not freeing the government from its burden to render an accounting.

For hundreds of thousands of Indians, including children, the elderly and the infirm who depend upon their trust funds for food, clothing, shelter and health care, this ruling means that many more years will pass before they can hope to secure trust funds that the government has withheld unconscionably and in breach of trust duties that it has owed for generations.

The appellate court reversed the trial court's $455.6 million award in restitution, stating that the district court may not relieve the government of an accounting duty as a matter of law.

Despite the fact that Friday's decision may prolong the ultimate resolution of the case, Cobell affirmed the commitment of the plaintiffs to pursue the case.

"We will continue to seek justice, no matter how long that takes," Cobell said of the 14-year-old lawsuit. "Tens of thousands of beneficiaries have died while this case has been pending without ever receiving an accounting of their trust assets."

Accordingly, unless there is a fair settlement, plaintiffs will seek further review and request the appointment of a receiver to ensure that individual Indian trust beneficiaries finally receive the protection they are owed under the law.

Bill McAllister, a former Washington Post reporter, is Elouise Cobell's spokesman.

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