DOJ Sues 2 Oklahoma Prosecutors Over Tribal Jurisdiction

The U.S. Department of Justice (DOJ) filed lawsuits Monday against two Oklahoma district attorneys, Matthew Ballard and Carol Iski, seeking to halt their prosecution of tribal citizens for crimes within Indian Country.

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.

From 2020: OTC Says McGirt Decision Could Cost State Millions In Tax Revenue

From 2022: SCOTUS To Hear Case Of Oklahoma V. Castro-Huerta

Previous Coverage: Cherokee Nation Attorney General Discusses McGirt Ruling's Impact On Tribes

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.

The complaint filed by the Department of Justice includes three different cases Ballard has prosecuted as examples of where the DOJ says Ballard overstepped his jurisdiction. Those cases include a child porn case against Brayden Bull, an aggravated drug trafficking case against Tony Williams and a child neglect and drug case against Eric Ashley. The disagreement over who has jurisdiction centers around a series of court cases arguing over tribal jurisdiction. Ballard argues he is allowed to prosecute Ashley and Williams after the Oklahoma v. Castro-Huerta supreme court ruling. The case against Bull, who is a Navajo citizen, was sent to the Oklahoma Court of Criminal appeals which ruled that Ballard could continue prosecution.

"The highest court in Oklahoma has given us jurisdiction to do something, and now you've got the federal government trying to come in and say, 'don't do that,'" said Ballard. Brayden Bull was convicted in federal court earlier this year on the same charges out of Rogers County.

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."

"I was elected by people all across my community, and that includes Native Americans, non-Native Americans. I was elected to come in and do justice for all of our victims, and this is trying to thwart that," Ballard told News On 6. "You have Biden administration, DOJ, coming in weeks before a new President takes office and trying to push out local law enforcement. That's absurd. It's shocking, and it's offensive to local law enforcement."

Ballard says he's concerned about the lawsuit and the public safety implications.

"Cases are not going to get prosecuted. We know that that's going to happen. Offenders are going to go free. People who are dangerous to our community, who have harmed our children, are going to go free if it was only the federal government," said Ballard.

Rogers County Sheriff Response

Rogers County Sheriff Scott Walton weighed in on the lawsuit.

"This is the rawest, purest, I'd say, the worst case of this type of federal government overreach that we've seen out of this administration," said Walton. "I commend Matt's efforts to do what he did. You know, he's stepping into a hot seat. I'm anxious to hear other elected officials weigh in on this because this is something that really today you need to show where you're at on this." 

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.