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Support Info: If you are a Survivor and need emotional support, a national crisis line is available 24 hours a day, seven days a week: Residential School Survivor Support Line: 1-866-925-4419. Additional Health Support Information: Emotional, cultural, and professional support services are also available to Survivors and their families through the Indian Residential Schools Resolution Health Support Program. Services can be accessed on an individual, family, or group basis.” These & regional support phone numbers are found at https://nctr.ca/contact/survivors/ . THANK YOU MEGWETCH for reading

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Saturday, November 23, 2013

#BabyVeronica: Cherokee Nation Files Forceful Response to Capobiancos' $1 Million Attorneys' Fees Suit

November is Adoption Awareness Month
11/23/13

On Friday the Cherokee Nation came out swinging in their response to the motion filed weeks ago in Nowata, Oklahoma county court in Adoptive Couple v. Baby Girl, in which Matt and Melanie Capobianco are seeking approximately $1 million in attorneys' fees and costs. Their recent filing in Oklahoma is the second jurisdiction in which they have sought compensation in the four-year custody battle that ended in September when Dusten Brown relinquished his biological daughter to the Capobiancos after losing at the United States Supreme Court in June. Immediately following the child's transfer in September, the couple filed similar litigation in South Carolina seeking roughly $500,000 in that state.

RELATED: Capobiancos Sue Dusten Brown for Nearly Half a Million in Fees
Cherokee Nation Mourns as Veronica Is Returned to Adoptive Family

In its 50-page response, the tribe bluntly told Nowata County Judge Curtis DeLapp that it is not responsible for paying the fees and costs for the Capobiancos because of its Eleventh Amendment sovereign immunity from suits without its express consent. Additionally, the tribe said that the statute under which the couple is seeking compensation, the Uniform Child Custody and Jurisdiction Enforcement Act, is not applicable to the tribe.

"Clearly, these people are trying to throw spaghetti at the wall in whatever court they can find to see what's going to stick," said an Oklahoma lawyer who declined to be identified because of the sensitivity of the case. "But, several things immediately come to mind. First, the tribe is a sovereign nation and cannot be sued without its express consent - and to my knowledge the Cherokee Nation is not in the habit of waiving their immunity. Second, this is a domestic case, one in which both the Capobiancos and Dusten Brown were represented pro bono, which was widely understood by everyone on both sides. To come after the fact asking for fees that the adoptive couple would not have had to pay had they lost, it then becomes a 'contingency' case. Contingency fees are never awarded in domestic relations, so that's a null.

Read more at http://indiancountrytodaymedianetwork.com/2013/11/23/cherokee-nation-files-forceful-response-capobiancos-1-million-attorneys-fees-suit-152405

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The religious organizations that operated the schools — the Anglican Church of Canada, Presbyterian Church in Canada, United Church of Canada, Jesuits of English Canada and some Catholic groups — in 2015 expressed regret for the “well-documented” abuses. The Catholic Church has never offered an official apology, something that Trudeau and others have repeatedly called for.

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Rebecca Tallbear entitled: “DNA, Blood, and Racializing the Tribe”, bearing out what I only inferred:

Detailed discussion of the Bering Strait theory and other scientific theories about the population of the modern-day Americas is beyond the scope of this essay. However, it should be noted that Indian people have expressed suspicion that DNA analysis is a tool that scientists will use to support theories about the origins of tribal people that contradict tribal oral histories and origin stories. Perhaps more important,the alternative origin stories of scientists are seen as intending to weaken tribal land and other legal claims (and even diminish a history of colonialism?) that are supported in U.S. federal and tribal law. As genetic evidence has already been used to resolve land conflicts in Asian and Eastern European countries, this is not an unfounded fear.

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In some cases, companies may even take it upon themselves to control the narrative according to their own politics and professed values, with no need for government intervention. For example: Google, the most powerful information company in the world, has been reported to fix its algorithms to promote, demote, and disappear content according to undisclosed internal “fairness” guidelines. This was revealed by a whistleblower named Zach Vorhies in his almost completely ignored book, Google Leaks, and by Project Veritas, in a sting operation against Jen Gennai, Google’s Head of Responsible Innovation. In their benevolent desire to protect us from hate speech and disinformation, Google/YouTube immediately removed the original Project Veritas video from the Internet. - https://desultoryheroics.com/2023/11/12/internet-censorship-everywhere-all-at-once

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