Joe Byrd (Cherokee chief)

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Joe Byrd was the Principal Chief of the Cherokee Nation from 1995 to 1999 and was defeated by Chief Chad Smith in the 1999 Cherokee Nation Elections.Joe Byrd is a bilingual speaker of the Cherokee language. Byrd attempted to run for re-election of the Cherokee Nation in 2003 and was again defeated by the incumbent Principal Chief Chad Smith.

1 Biographical information
2 Accomplishments as Principal Chief
3 Controversial 1997 Events of Byrd Administration
4 Notes

[edit] Biographical information

Joe Byrd was born in Muldrow, Oklahoma and raised in the rural community of Nicut, Oklahoma. He is the son of Lillian Byrd and Stand Watie Byrd. He is also the father of three children, Joseph Byrd, Candice Byrd, and Julia Byrd.

Joe Byrd attended Northeastern State University and graduated with a Bachelor of Science degree in education in 1978 and a master’s in guidance counseling administration in 1979. Joe Byrd subsequently worked in the field of Indian education. During his career prior to becoming Chief of the Cherokee Nation, Joe Byrd served as the education coordinator for the Cross Cultural Education Center, was a field specialist for the Cherokee Nation Education Department and bilingual educator and coach at Bell Community Public School. Byrd also served as a counselor at Stilwell High School.

Joe Byrd has been actively involved in numerous organizations specifically dealing with Native American issues, including the Cherokee Baptist Association, Native American Diabetes Association, National Indian Education Association, Oklahoma Association for Bilingual Education, Drug Free for Youth program and Inter-tribal Council of the Five Civilized Tribes.

[edit] Accomplishments as Principal Chief

Joe Byrd was appointed by then Oklahoma Governor Frank Keating to the Oklahoma Native Culture Board, where he served two terms. He also held an appointment to the Planning Committee of the National Indian Policy Center in Washington, D.C. He has served as Vice President of the Cherokee Nation Higher Education Foundation. He is currently on the Board of Directors of the Native American Diabetes Association.

[edit] Controversial 1997 Events of Byrd Administration

In the summer of 1997, two separate uniformed Cherokee forces armed with shotguns and automatic weapons patrolled the streets in Tahlequah, Oklahoma. The Cherokee Nation Marshals service, trained at the Federal Law Enforcement Training Center, wore blue uniforms. Joe Byrd's newly created security force[1] dressed in grey, and were led by Joe Byrd, who publicly stated he would not surrender to any law.

Before he could be restrained by the Federal Courts or the Cherokee Nation Courts, [2]and diversion of Federal funds[3],

[edit] Diversion within Cherokee Nation Industries

In January of 1996, Byrd orchestrated the hiring of Terry Barker[4], his brother-in-law to represent CNI on an hourly basis in a dispute with a defense contractor, Stewart & Stevenson Industries, Inc. (S&S) of Houston, Texas. S&S had breached a five year agreement with CNI. In May of 1996, Barker filed a federal lawsuit against S&S for Breach of Contract. By October, Barker had accrued $54,000.00 in unpaid hourly fees to CNI and $59,000 of fees to the Cherokee Nation. On October 24, 1996, Byrd arranged for an additional agreement through CNI to grant to Barker 37.5% of the proceeds of the S&S litigation. On the same date later in the evening, a previously stipulated settlement agreement orchestrated by Byrd and Barker was agreed to by CNI and S&S for 1.86 million dollars.

Barker was paid $894,000.00 of the total settlement and only paid out $972,000.00 to CNI, despite the agreements limiting the proceeds to 37.5%.

[edit] Tribal Council probe of Byrd's activities

The unusual activities and secrecy engaged in by Byrd and is business dealings disturbed many tribal council members. Throughout the summer of 1996, Byrd repeatedly ignored requests and directives from the Tribal Council for financial statements and documents. In the summer of 1996, Pat Ragsdale, Director of the Cherokee Nation Marshalls service, was directed to investigate allegations of corruption against Joel Thompson, Byrd's friend, confident, and manager of Byrd's election campaign. The allegations against Thompson were illegal wiretap activities on Cherokee Nation premises, diversion of tribal funds, and illegal campaign funding.[5] Tensions continued between Byrd and the Tribal Council over his continuing refusal to comply with directives to disclose critial contracts and documents related to Byrd's financial dealings with Cherokee Nation funds. In August of 1996, The Tribal Council petitioned the Cherokee Nation Justice Appeals Tribunal (JAT) for access to the requested materials from Byrd. The JAT ruled that all of Byrd's documents detailing any Cherokee Nation dealings were subject to review by the Tribal Council and to any Cherokee Nation Citizen IAW with the Cherokee Nation Constitution. Despite this ruling, Byrd had his private security force lock the documents away and refused to produce them for the Tribal Council.

Byrd was subsequently discovered to be diverting tribal funds and Federal funds in particular into campaign spending in support of his constituents in Congress and the United States Government.[6] Tribal Prosecutor Diane Blalock received incriminating evidence of Byrd's activities. In response to this evidence, the Cherokee Nation Justice Court issued a warrant ordering the seizure of Byrd's secreted documents. After the seizure, Chief Joe Byrd fired Ragsdale and Sharon Wright of the Cherokee Nation Marshall's Service in retaliation for the seizure. One hour after they were fired, Cherokee Nation Justice Dwight Birdwell ordered their immediate reinstatement. Justice Birdwell also issued a standing order directed at Byrd and his administration which stated any subsequent firings by Byrd would be considered contempt of court and obstruction of justice.

[edit] Byrd's wiretapping and call for FBI investigation

Byrd announced that he had requested an FBI investigation on the grounds Cherokee Nation Tribal Council Members, Marshals, and Justices were plotting to "overthrow his administration".^[7] Byrd then attempted to fire Marshals Ragsdale and Wright the following morning. Byrd engaged criminal defense attorneys who subsequently filed appeal briefs with the Cherokee Nation Courts seeking a stay of the warrant and made claims the Tribal Council was "plundering and pilfering" the evidence seized in the search warrants. Byrd also directed his criminal defense attorneys to file motions demanding suppression of the seized evidence of Byrd's financial dealings. Byrd then stated to the Justice Court that he and his associates had been conducting illegal wiretaps of Cherokee Nation employees, government officials, and the Cherokee Nation Justice Courts and claimed he had turned over concrete evidence of the Cherokee Nation Justices "plotting to overthrow his administration".^[8] Byrd claimed to have turned over these tapes to the FBI.

The Cherokee Nation Justice Court found Byrd in contempt and cautioned him to refrain from attempting to fire the Cherokee Nation Marshals during an ongoing investigation. Byrd responded by attempting to shutoff power, water, and electricity to the Cherokee Nation Marshals Complex, but was stopped by an order of Justice Birdwell.[9][10]

[edit] US Department of Justice investigation of Byrd

On Thursday, March 7 1997, US Attorney John Raley, in conjunction with the FBI, announced an investigation into Byrd's activities and the events which had occurred at the Cherokee Nation Tribal Complex. The FBI seized the tapes that were produced as the result of Byrd's illegal wiretaps. After reviewing the tapes and interviewing numerous Cherokee Nation members who worked at the tribal complex, the FBI investigators publicly stated Byrd's allegations were "bull" and closed the investigation he had filed. The matter of Byrd's diversion of funds was turned over to the Cherokee Nation Justice Courts for resolution. The United States Attorneys office continued an on-going investigation in concert with the BIA (Bureau of Indian Affairs) into Byrd's illegal activities.

[edit] Byrd indicted by Cherokee Nation Courts, BIA law enforcement intervention

Byrd was subsequently indicted by the Cherokee Nation Justice Courts for illegal diversion and embezzlement of funds. In response, Byrd drafted articles of impeachment ordering the removal of the Cherokee Nation Court Justices and proceeded to the Tribal Council chambers wearing a bulletproof flak jacket and with his private security force in tow and fully armed with automatic weapons. During the council session, six of the councilors either fled the chambers before Byrd's arrival or failed to show up, believing a fierce gun battle would erupt.[11] While holding the remaining eight councilors at near gunpoint, Byrd ordered them to illegally approve impeachment of the Cherokee Nation Courts in an attempt to halt them from arresting him and prosecuting him for embezzlement. Byrd then ordered the councilors to vote for ratification and relinquishment of sovereign authority to the BIA for law enforcement within the Cherokee Nation. On April 24, 1997 the BIA ordered BIA Law enforcement personnel to assume control of Law Enforcement responsibilities within the Cherokee Nation.

[edit] Firing of Cherokee Nation Justices and arrest warrants against Byrd

On May 21, 1997, Byrd shut off power and utilities to the Cherokee Nation Justice Complex, fired the Justices, and ordered his security forces to board up the Courthouse. The Cherokee Nation Justices issued warrants for his arrest in response to his actions. The Cherokee Nation petitioned the Federal Courts for BIA officers to confiscate Byrd's security force weapons.[12] The federal judge declined to rule, citing the Cherokee Nation would be required to relinquish total sovereignty before federal troops could be sent into the Nation to confiscate weapons. Byrd subsequently ordered the shut down the Cherokee Nation Courts. Byrd's security forces evicted and forcibly removed the Justices from the Courthouse at gunpoint, then had the Courthouse boarded up and padlocked.

[edit] Cherokee Nation government restored

During the Cherokee National Holiday, Oklahoma SWAT teams with high powered rifles and BIA helicopters heavily patrolled tribal lands during the Holiday Activities. These actions were later characterized by Joe Byrd's administration in Court filings to be necessary to quell an "uprising"^[13] of the Cherokee People.

Byrd was ordered to Washington D.C. to appear before Reno and Bruce Babbit, Secretary of the Interior and was ordered to sign a peace accord with the United States and to relinquish his authority to the BIA over control of Cherokee Nation law enforcement to curtail his abuse of unit power. Byrd complied and within several weeks, the Cherokee Nation Courts were reopened and order was restored, with the Cherokee Nation Marshal service being fully reinstated. Byrd's associates and Byrd were all indicted on multiple counts of diversion, embezzlement, mail fraud, and illegal diversion of federal funds. Byrd's remaining years of his term as Chief were marked with intense scrutiny by the BIA. Byrd was defeated by Chief Chad Smith at the Cherokee Nation elections in 1999. Over four years of transition were required to repair the Cherokee Nation government and eventually remove BIA intervention from the affairs of the Cherokee Nation.

Byrd never served any time in jail for his illegal activities based upon immunity agreements made between Byrd and Cherokee Nation officials who were attempting to disarm and diffuse the volatile situation Byrd had created.

[edit] Aftermath

A civil rights lawsuit was filed against Joe Byrd and his administration in the aftermath of the events by Cherokee Citizens involved in the events of the Cherokee Courthouse Standoff. Following is a notable excerpt from the lawsuit:^[14]

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

LINDA-TURNBULL LEWIS, et al.,) Plaintiffs,)

Case No. CIV-97-689-B Lead)

DIANE BARKER-HARROLD, et al.,) Defendants.)

and

CHADWICK SMITH, et al.,) Plaintiffs,)

Case No. CIV-97-690-B Member)

DIANE BARKER-HARROLD, et al.,) Defendants.)

...

Paragraphs 62 and 63 of the Verified Complaint and the Statement of Edwin Lewis Romero attached to the lead Complaint as Appendix “A”, Exhibit “K” alleged that Plaintiff on August 5, 1997 was taken into the Courthouse by Byrd security personnel and he “took a gun out, pointed the gun at the juvenile Plaintiff” and would “blow his f____ head off.” Juvenile Plaintiff then was taken by City of Tahlequah Police and detained at the city jail for several hours. These allegations are not refuted.

Law was clearly established in 1989 that threatening to use deadly force by holding a gun to the head of a 9-year old child and threatening to pull the trigger was objectively unreasonable given the alleged absence of any danger to the police. Eliot v. Thomas, 937 F.2d 338 (7th Cir. 1991). The Defendants are charged as operating in concert and part of a conspiracy. Defendants put Byrd and his security guards in control of the courthouse and on this particular occasion, the City of Tahlequah Police took the juvenile Plaintiff to jail and detained him for several hours. In summary, the law was well-established that the actions taken on August 5, 1997 were in clear violation of the juvenile plaintiff’s constitutional rights.

Joe Byrd currently works for J. C. Watts Companies, a business development and lobbying firm.

Preceded by Wilma Mankiller	Principal Chief of the Cherokee Nation 1995–1999	Succeeded by Chad "Corntassel" Smith

[edit] Notes