Illegal Indian Political Contributions

by Kerry Thomas

February 11, 2005

To Attorney General Gonzales:

On Jan 25, 2004 I made the following request of Attorney General Ashcroft. I would like to re-submit the same request to your office today.

I would like to request your office open an investigation into possible illegal uses of Indian Tribal funds, in Wisconsin and California.

More specifically, I would ask that you investigate whether or not laws were violated when Tribal funds were used to donate to the political campaigns of James Doyle, now governor of Wisconsin, and to the campaign of Gray Davis, former governor of California. I would also suspect that any contributions made by any other Indian Tribes in the United States to any political campaigns might also be suspect, for the following reasons.

The Indian Gaming Regulatory Act (IGRA) specifies the five areas in which funds derived from Tribal Gaming operations may be used.

25 U.S.C. 29 § 2710 states:

"Use of Net Revenues

(B) net revenues from any tribal gaming are not to be used for purposes other than--

(i) to fund tribal government operations or programs;

(ii) to provide for the general welfare of the Indian tribe and its members;

(iii) to promote tribal economic development;

(iv) to donate to charitable organizations; or

(v) to help fund operations of local government agencies"

In addition, Tribes in the United States are recognized as separate and sovereign nations. Election laws prohibit contributions to political campaigns from foreign nations.

For these reasons, it is my belief that political donations made by Tribal entities to candidates is a violation of law. Because of the sovereign status of Tribes, the jurisdiction for such an investigation must be at the federal level, from the Department of Justice.

I am hereby formally requesting that your office open an investigation into these matters.

I do thank you for your time and consideration today, and I do request an answer to this request. Thank you.

Most sincerely,

Kerry Thomas

9200 Longs Rd

Sayner WI 54560-9787

715-542-3372

cc: Congressman Mark Green

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A Resolution

Whereas Indian Tribes in the United States claim to be and are operationally recognized as sovereign nations, and

Whereas federal law prohibits political contributions from foreign nations, and

Whereas the Indian Gaming Regulatory Act (IGRA), enacted in 1988, establishes the jurisdictional framework that governs Indian gambling, and

Whereas that portion of IGRA pertaining to the allowable uses for revenues derived from tribal gaming, namely Tribal Gaming Ordinances, 25 U.S.C. 29 § 2710, addresses the specific use of net revenues from tribal gaming, and

Whereas there are only five legitimate uses for tribal gambling revenues, and

Whereas net revenues from any tribal gaming are not to be used for purposes other than:

(1) to fund tribal government operations or programs;

(2) to provide for the general welfare of the Indian tribes and its members;

(3) to promote tribal economic development;

(4) to donate to charitable organizations; or

(5) to help fund operations of local government agencies.

Be it therefore Resolved that the Republican Party of Vilas County, in caucus assembled, hereby call for an investigation into illegal uses of Indian gambling revenues, specifically as pertaining to political campaign contributions, and

Be it further Resolved that if such an investigation finds that laws were broken, that those breaking the law be fully prosecuted to the fullest extent of the law, and

Be it further Resolved that if Indian Tribes are found to have illegally contributed to political campaigns, that those Tribes receive no further financial assistance from the United States of America or any political subdivision thereof, for a period of five years.

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References:

Indian Gaming Regulations - 25 U.S.C. 29