Tribes File Federal Suit Against Oklahoma Governor and Wildlife Department Over Prosecution of Hunting and Fishing on Tribal Land.

Earlier this month Oklahoma Governor Kevin Stitt a Republican appointed Russ Cochran, former Assistant District Attorney for Lincoln and Pottawattamie Counties and former General Counsel for the Oklahoma Bureau of Narcotics, to act as a special prosecutor in the wake of the State Attorney General’s actions regarding the prosecution of certain crimes in eastern Oklahoma.

The phrasing of their press release appears to indicate a pattern of racism with our view is referring to tribal members as "Indians": The Press Release continues...

“State and federal courts have been clear. The State of Oklahoma can prosecute Indians who commit non-major crimes in our state,” said Governor Stitt. 

The move comes after Attorney General Gentner Drummond targeted the Oklahoma Department of Wildlife Conservation (OWDC) and local district attorneys. 

Drummond first seized a case from a duly elected district attorney who independently chose to pursue charges against an individual who was illegally hunting on state-owned property in southeastern Oklahoma. 

Drummond then sent a threatening letter to OWDC instructing them to ignore the law and not issue tickets to tribal members illegally hunting in the State of Oklahoma. This illustrates a pattern of disregard for the rule of law in favor of political allies on the part of the attorney general.

“I want to thank Russ Cochran for his willingness to pursue charges against those who break the law in Oklahoma,” said Governor Stitt. “While Drummond’s top political donors have pressure him to disregard state and federal law, we believe all Oklahomans should be treated equally under the law.”   

In response to the announcement by the Governor the Choctaw Nation of Oklahoma, Chickasaw Nation, and Cherokee Nation filed a federal lawsuit in United States District Court for the Northern District of Oklahoma naming Oklahoma Gov. Kevin Stitt; his recently appointed special prosecutor, Russ Cochran; and the Oklahoma Department of Wildlife Conservation (ODWC) as defendants.

The lawsuit argues that Gov. Stitt lacks the authority to appoint a special prosecutor for wildlife crimes on tribal land. It also claims his directives to ODWC violate tribal sovereignty and jurisdiction, as affirmed by the Supreme Court’s 2020 Mc Girt ruling.

Leaders from the state’s three largest tribes reacted to the continued unlawful citation of Indigenous hunters on tribal land.

“The Choctaw Nation will defend its rights and those of its members against the Governor’s unlawful prosecution, as hunting and fishing are deeply rooted in our sovereignty and the traditions of the Choctaw people long before this state was founded,” said Choctaw Nation Chief Gary Batton. “Gov. Stitt’s attack of our members is causing harm and distress, and we won’t let this overreach continue. We remain committed to conserving, protecting and enhancing wildlife resources, including our continued strong working relationship with ODWC.”

“We are proud to stand today with our fellow sister nations in defense of tribal sovereignty, which protects our Native citizens on tribal land,” said Cherokee Nation Principal Chief Chuck Hoskin, Jr. “By targeting hunters and fishers legally exercising their treaty rights, against the advice of the Oklahoma attorney general, Governor Stitt is once again showing Oklahomans he cares more about attacking tribal sovereignty than helping the state. The governor, as he did when he terminated our long-standing wildlife compacts, continues to reject a path of cooperation, and force a path of litigation.  We appreciate the work of Attorney General Drummond and other partners throughout the state who respect tribal rights and Oklahoma values, and we will continue to defend our traditions and the rights of our people in federal court.”

“Our primary aim is to protect the rights of our people to fish and hunt, as protected by treaty and federal law,” said Chickasaw Nation Governor Bill Anoatubby.

The tribes stand ready to work with the state of Oklahoma to ensure accurate reporting of data and to facilitate safe and enjoyable hunting and fishing for all Oklahomans.”

Below is the letter that started the fight.....