MARUAWE!- WELCOME!

NEWS: COMANCHE NATION WINS in Oklahoma Federal Court. DiGiusti's Ruling on the Comanche Nation v. US Government (Fort Sill), Posted September 23, 2008, A.M Court denies defense (Ft. Sill) motion to dismiss Temporary Injunction against construction at Medicine Bluff. This means the case may go to trial, if the the Fort wishes to pursue it. Court clerk advises no date set.

David Yeagley Comanche Patriot Group: Super Administrators Posts: 21133 Joined: Sep. 2002

Posted: Sep. 23, 2008 6:44 am CT NEWS: COMANCHE NATION WINS in Oklahoma Federal Court. DiGiusti's Ruling on the Comanche Nation v. US Government (Fort Sill), Posted September 23, 2008, A.M Court denies defense (Ft. Sill) motion to dismiss Temporary Injunction against construction at Medicine Bluff. This means the case may go to trial, if the the Fort wishes to pursue it. Court clerk advises no date set. I've been calling the Federal Court every day since the 17th.  some time today the judge's decision was posted on the court records.  The clerk told me there was no time posted with it.   Since the defense rested most of its case on the financial loss caused by not only the delay imposed by the original injunction (Aug. 18), I would think they would not pursue any court date, because that would only bring on intolerable delays.  The thing the Fort must do is simply move the construction site, and get on with it.  They should have done that from the start. I hope they quickly re-group.   We can then see how efficient they really are, civilian employees and all!

The answer may be blowing in the wind, as Mary (with Peter and Paul) may have sung, but the answer to our energy needs is not wind power. T. Boon Pickens has spent a lot of money on Bob Dylan's lyrics, so to speak, but no enterprise could be more misunderstood, misrepresented, and mistaken. I have posted before on the Pickens plan, but there are some new aspects I want to cite now.

As BadEagle.com readers know, I have recently observed the federal court case CIV 08 849 D, Comanche Nation v United States (Fort Sill). (The decision of Judge DiGiusti should be rendered this week.) The issue actually began with Fort Sill constructions sites on presumably Comanche burial grounds, but the tensions came to a focus when Fort Sill began construction of a large training "warehouse" center in the face of Medicine Bluffs, a place held sacred by the Comanche people, as well as other tribes in the area. (Of course, Comanches stood alone in our protests. No other tribe was willing to be involved. Therefore, in my opinion, they should never be allowed on Medicine Bluffs again.) The main issue came down to a disruption of the "viewscape," the spiritual environment, the visual disruption. This is the point now--to preserve the total spiritual environment.

Last night, FoxNews did a special on new American energy sources, and in one segment a "green" Alaskan environmentalist was interviewed. She protested drilling in ANWAR. She said something like this: "I like to sit on the side of the mountains and view the scene. But, if in my view I find an oil drilling rig, that changes everything. Forever." (I will try to find the links and transcript to this Sunday night show, 9-21-08.) I was quite taken by the similarity of this woman's testimony to those Comanche testimonies I heard in court here in Oklahoma. She claimed no religion, no tradition, and no authority. She merely urged the aesthetic value of pristine landscape, the emotional treasure.

And then there was the matter of the Berkeley campus tress, the famous "Oak Grove." Though the wacky protesters didn't even urge the aesthetic aspect, but rather implied some vague, vegan, earth-worshipping notion of Gaianism, their argument is actually in the same vein.

Of course, the T. Boone Pickens plan offers a ghastly destruction of all aesthetic functions. No larger dimension of viewscape (a legal term) could be more aversely affected than that involved in a massive wind mill farm. It is a terrible thing Pickens proposes. Only those who have not seen, been around, or lived in the vicinity of these giant spectacles of irony, entertain the mistaken idea that they are beneficial. The noise they make, the cost they require, the permanent scarring of the view scape--this is all quietly unmentioned by Pickens and advocates--as well as all media sources.

As if the new windmill is just an offsrping
of the dear old country farm windmill. As if
hundreds of thousands of giant, freak agonies
on the landscape cannot possibly disturb the
American countryside.

Add to this the even more deeply hidden affinity of the Piekens plan with NAFTA, and the SuperHighway plans. American patriots are, of course, more than warey about the anti-national sovereignty character of NAFTA. And, it is quite natural that wind power transmission lines should be logistically associated with the highway, even as telegraph lines were originally associated with railroad track. The open pathway of one industry invites use by another. So the propopsed international highway--build, owned, and operated by countries outside the United States, will be lined with the very costly windmill transmission lines.

It's all about globalism again. It's all about the sacrifice of individual nationhood. Sovereignty must be sacrificed, to whatever degree necessary, incrementally, to serve the purposes of a global "economy," they call it. I say it is a global "control." It's about world power. It's about "unity," "equality," and all those other precious words so faithfully usurped by the liberals, and made to mean the opposite of what they originally meant.

Sorry, the grandeur of the sunset doesn't sanction the
alien intrusion of these hideous wind mills.

I urge everyone now to vote against windmills. Go to a place where there are a number of them. Talk to people who live around them. But, mainly, just look at them. Look at their absolutely horrid invasion of the viewscape. Look at the unnatural, alien atmosphere they create. For people living in Oklahoma (where they propaganda pushes the idea that the University of Oklahoma will operate exclusively on wind power by 2013!), just go to the top of Mt. Scott, north of Lawton, in the Wichita Mountains, and look northward. Look at the hideous, writhing white spiders across the landscape. Your soul with scream with horror.

A national anacrophobia these monster mills will cause. Of course, liberals feel they have doped and sedated the American soul sufficiently, so that the big money mongers can slip this unforgivable agony through. This is just competition against big oil. Oil is every bit as natural as wind, and so is carbon dioxide. Every living plant breathes in carbon dioxide! Pickens is looking for something new. He is an aggressive businessman, and, even in his senior years, he is alive, enthusiastic, and daring. I commend him for his energy and determination, and vision.

However, this particular enterprise is wholly unwarrented, permenantly damaging, and above all, untried, unreliable, excessively expensive (--the transmission of the power from the mill to the city), and in fact connected to globalism (NAFTA), and therefore an influence against American sovereignty. So it plainly appears.

Much damage has already been done, so I say, we can't protest loudly enough or quicly enough, or any to much. The wind power delusion must end, now. Oil is the answer. Oil has always been the answer. If there are adjustments that need to be made, we shall make them. The industry is greatly improved in recent years, requiring much less land, indeed only fractions of lands, to effectively drill. The environmental impact has become less and less. The wind power enterprise will negatively, tragically impact the environment more and more. The emotional and mistaken notion that wind is clean and free is a deceptive advertisement. The harnessing of the power is very expensive, and source is experiemental. The materials of contruction and transmission are daunting. The association with NAFTA is, to any patriot, prohibitive.

The wind stops here! Oil, and even nuclear power, are much more effective, developed, and reliable. Alternative fuels are also costly and unecessary. Oil is king. The earth makes oil, naturally. There's your Gaian validation. (Where are the dancing nymphs with flowery wreathes about their air heads?) Carbon dioxide is a natural compound as well. Every living plant requires it. Humans breath out, after every breath intake of oxygen. Carbon dioxide is not a pollutant. The advocates of alternate energy are missing the mark altogether. We've simply been too slow in the advancements of management in the oil industry. Fuel efficient internal combustion engines could and should have been developed at least 170 years ago. The oil industry is like an obeise blob, but, with a little diet and exercise, and less Democrat interference, it can get in fine shape, rather quickly.

Yesterday, September 15, 2008, Fort Sill made called its final witnesses in defense against the Comanche Nation injunction of August 18 (temporarily halting military contruction at the base area of Medicine Bluffs--the site held sacred to Comanche people). Friday, the defense had begun with witnesses who directly addressed the financial aspects of the Fort's cause of protest. Indeed, the Fort's defense of building the Training Service Center (TSC) in the face of Medicine Bluffs was based not only on a contempt for Comanche "spirituality," but on financial pressures and logistical necessities pertinent to the Fort.

Chief witnesses were civilian contractors and personnel hired by the Fort, such as John Roberts, and contracting officer John Weatherly, environmental director Glenn Wheat, and master planner Frank LePine. Finally, Fort Sill Garrison commander Col. Robert Bridgford himself testified.

Today, Tuesday, September 16, is the day federal judge Timothy DiGiusti made a personal visit to the contruction site so that he could see its effects on the environment of Medicine Bluffs. Comanche attorneys all strongly urged the Comanche people not to assemble, not to make any demonstration, or not to even be present. At this moment, I do not know who, besides the Judge DiGiusti, three other court personnel, and the attorneys, was present. I shall await information. Judge DiGiusti promised a decisioni as soon after this tour as possible. I'm assuming by the and of the week.

In summary, the Comanche Nation protests the destruction of the last "viewscape" on the south side of Medicine Bluffs. The Fort objected to the court-ordered cessation of construction on the basis of 1) a contempt for Comanche religion; 2) the urgency of the need for construction of the TSC; and 3) the financial pressures to complete it by a predetermined time. There was a pronounced lack, or at least feigned lack, of familiarity with Comanche ways on the part of the Fort Sill personnel involved, and a distinct lack of understanding, communication, and even respect. There was also a certain failure to organize a united protest on the part of the Comanche Nation. There were apparently mitigating circumstances on both sides, or at least factors that contributed to the breach of trust and aggression on the part of the Fort, as well as the difficulties in the normal communication process within the Comanche tribe among the different offices. Chief Wallace Coffey testified of a $48 million dollar budget he has to manage, as well as personal meetings with the lowliest members of the tribe. ("Lowliest" is my word, meaning, very poor, needy people--but whose opinions and lives are as important to Chief Coffey as any garrison commander's.) Chief Coffey simply cannot see every piece of mail sent to him, nor answer every phone call that comes in. He must deligate responsibilities. Likewise, the Fort obviously passed the buck many times in the process of the BRAC construction projects on the Fort. Indeed, it was quite clear from the defense testimonies that the Army personnel tended to blame the civilian officials invovled, and the civilians tended to blame each other. A lot seemed to rest on Wheat and LePine.

Also, before this TSC construction crisis, there had been an on-going issue about the disturbance of historical Comanche grave sites. That was all connected to the Fort's new housing construction. The Fort is simply expanding, rapidly, according to federal mandates, but it is expanding on Comanche terrorities, or areas of historical concern. It was quite clear, from the implication of various defense testimonies, that the Fort could expand in other directions, or renovate certain present facilities. The expansion to the north is encroaching on Comanche areas. Comanches were still fighting that issue when this TSC site at Medicine Bluff was slipped into the picture.

The urgency of the TSC location in the Medicine Bluff area was not at all convincing. The defense spent a lot of time arguing of the need for the TSC, but failed to justify adequately that it must be right where Fort Sill had started it. The testimony of the civilian personnel also showed that the TSC project was rather obviously and carefully manoeuvered into the construction plans so that the Comanche Nation was in fact not aware of it. That's certainly the impression I myself got from their testimony. Judge DiGiusti's questions to each defense witness tended to emphasis that element as well.

Even Col. Bridgford's testimony contained some curious contradictions. He pointed out the BRAC funds (federal funds) for the construction of the TSC would be lost if the construction were halted, and that the money would be returned to BRAC, and redistributed. If the TSC were moved, Fort Sill would have to re-argue or re-compete with thousands of other requests, and Fort Sill would have to reestablish the priority of the TSC all over again. He was afraid it would not be re-considered. I ask, if it is such a major, urgent prioirty, why is there doubt that it would be reconsidered?

I must say, though, to correct my most recent post, Col. Bridgford testified that he received some 100 emails from Indians all over the country urging him not to build at the Bluffs. He said that this was the result of a total misrepresentation in the Lawton Constitution--which said or implied that the Army was building on the Bluffs, but in fact, the Army was only building right near the Bluffs, on plain right below, on the south side.

Col. Bridgford's testimony implied that Indians were all confused about the construction, and specifically implied that the Comanche Nation officials were themselves in disarray in contradictory. He implied that they were uncoordinated in their messages to him, and in their positions. He presented himself as perfectly willing to cooperate, even calling for a work stoppage on the site the week of August 11, until Chief Coffey returned from a vacation and the matter could be resolved.

The Fort proclaimed its innocence and justification resolutely. However, the facts in their case were equally outspoken. They simply did not inform the Comanche Nation of the TSC site until they had already funded it and started it. Furthermore, plaintiff attorneys cited all sorts of correspondence that clearly revealed that everyone involved from Fort Sill knew of the serious religious issue and the encroachment on Comanche rights. I'm talking about correspondence between Fort personnel, Army and hired civilians. They all knew, all along, since 1974 when Medicine Bluffs was listed on the National Register of Historic Sites. Issues came up again in 1988, and it was quite clear what the Comanches' concerns were. Yet, in the present crisis, key Fort Sill individuals bull-dozed forward anyway. Master planner Frank LePine's testimony seemed particularly reptilian in this regard. He implied culpability in Mr. Wheat, in the end. He said he waited for a "cultural concerns" report from Mr. Wheat, which he never received.

At the end of Monday's hearings, at 6:30 pm, I spoke with Col. Bentley I had to say, "See what happens when you hire civilians?" We both laughed. (I also confessed my struggle to achieve objectivity in reporting. He seemed to understand.)

All in all, one got the impression that there was a certain passing of the buck back and forth between the Army officers and the civilian officials involved. Add to that the current Army commanders' complete lack of familiarity with Comanche ways, together with the Fort's urgent construction projects, and you have just what transpired: a gigantic offense and inconvenience combined. However, the Fort has a lot of options. The Comanches have none. Medicine Bluffs is the end of the road.

Medicine Bluffs north side. PHOTO by Nick Tahchawwickah.

Even Col. Bridgford admitted, "I have a different view now."

And I must say, Col. Bridgford is one admirable officer. He gave a great deal of professional background and experience has the defense introduced him. He was the final witness. I shall post more on him later. As I have said before, no one appreciates and supports the US military more than I. (I do wonder why there are not more high ranking American Indian officers in the service, though.)

Finally, I think the one voice that was stifled in the whole matter was that of William Voelker, chairman of the Comanche NAGPRA board, the man who really initiated the Comanche effort to protect the Bluffs, once he realized what the Fort was doing. He was not elected as a witness, nor was he allowed to testify in any form. I shall have to investigate this. (Surely he would not have been the maniac I would have been.!) He is a most knowledgable man in Comanche tradition and history. Also, Voelker said he had contacted nearly fifty newspapers, radio stations, and TV stations, but still, none are reporting on the story. Voelker himself is the only person once interviewed at all, and that was a month ago or more. He was not given opportunity to defend himself against the testimony of Col. Bridgford, either. That was pointedly frustrating.

One thing I have learned in obvserving this particular court process: I am a commentator, not a reporter. I offer opinion, not an objective reconstruction of the events. Especially in this case, I found objectivity nearly impossible. I was infuriated, silently, most of the time. Only by the fourth day did I begin to calm down. I had intended to interview all the defendence witnesses, for an exercise in balance. The US Attorney's office (Robert Troester) understood and appreciated my concerns, but advised against it until after the final decision was rendered.

BadEagle.com will post the decision of Judge DiGiusti as soon as it it available.

Beginning September 10, 2008, the Comanche Nation has been in Oklahoma federal court in a case against the United States Government, i.e., Fort Sill. This is perhaps the most important case in 20th century Comanche history. The Comanche Nations seeks to protect its most sacred site, Medicine Bluffs. Yet, no case has received less attention, less coverage, or less regard--by American Indians. I ask, where are all the notorious, liberal, Leftist, Communist-funded, protesting American Indians? Where are the famed trouble makers, the professional suit seekers, and the great AIM warriors? BadEagle.com alone covers the story.

Three Comanche braves, standing alone, ca. late 19th century

And above all, where are the professional reporters? Where are IndianCountryToday, NativeTimes, even Indianz.com? No, a simple AP wire, three weeks old, announcing the case, isn't going to cut it. And where is the basic liberal, Leftist media? Where are the Daily Oklahoman, the Lawton Constitution, the Tulsa World, and all the other infamously liberal media? Where are the state and regional TV stations? Where are the national media?

These liberal, communistic agencies are always first in line to insult America, to denigrate patriotic values, and to take the pure racist approach to any perceived offense by the United States. I'm surprised the international communist media like Inymedia, The Guardian, or even the BBC, the New York Times, or the LA Times haven't been on top of this story.

They don't care about Indians. Leftist Indians don't care about Indians, either. This has long been the conclusion of BadEagle.com. Now it is particularly, dramatically demonstrated as abstolutely true. These Leftist care only about their personal careers. Nothing more, else, or other. (Oh, liberals and liberal-trained Indians honor American Indian vets now and then, but only when they can avoid all association with 'love of country' in so doing.)

Ah, well, there's that little matter of the unprecedented independence of Comanche people, from the day they were first espied. Comanche people, from the view of others, have been considered "enemies" of all people. Some say our name itself derives from the Ute word "komats," which means "who wants to fight me all the time." That would be Comanche. That would also be a misinterpretation. Comanches simply took what land and game we wanted, and kicked everyone else out. No particular hatred for other there, just love of Comanches!

Could that possibly have anything to do with why there is no covereage of this story, save that here on BadEagle.com (and Maruawe, the site of Comanche Nick Tahchawwickah)?

It doesn't matter. The fact is, the AP wire went out in August. Everyone knows what's going on. The liberals, white and Indian, simply don't care. Comanches are on our own, as always. So be it, forever. We've done just fine.

But don't expect me to share the glory with the Shoshoni, the Kiowa, or the Apache. Don't expect me to share the glory with the Democrats, or the Eskimos. For that matter, don't expect me to share the glory with conservatives or Republicans. Whatever the outcome of this case, the honor is due solely to the Comanches. We stood our ground, like the Wolf Clan. (This story is far from over, too.)

No, the Leftist Indians are preoccupied with trying to steal the glory from Sarah Palin about now. In an unsual surge of idiocy, IndianCountryToday tried to compare conservative Todd Palin, Sarah's husband who is reportedly "part" Eskimo, to the very famous Democrat and elder LaDonna Harris, wife of former senator Fred R. Harris. This is to imply that, through his wife, Todd will work wonderfully for "American Indians," in a way similar to how LaDonna Harris did, when her husband was a senator (from Cotton County, Oklahoma).

LaDonna Harris, a relative, no less! In fact, I was
in the first AIO class of Kellogg Fellows, in1993-94.
I learned much, indeed.

Error on all sides. Harris was a senator, not a vice-presidential candidate. LaDonna has been involved in Indian country affairs (Comanche) from her birth. It wasn't about political opportunism. LaDonna is completely Democrat and liberal, actually, and idiologically the opposite of Todd Palin, we presume. In any case, she is a life-long professional (on a par with Hillary Clinton, actually, in terms of Indian country efforts). This ludicrous comparison of Todd Palin with LaDonna is insulting not only to LaDonna, but to Todd as well, who, to this point, has not shown any interest or involvedment in Eskimo affairs whatsoever.

Furthermore, Eskimos are not American Indians, and share neither history or genes. It is a different people. They obviously prefer their own names and classifications, not that of "American Indians." Let it be. Let them fend for themselves. Why should they reap the rewards of our American Indian blood spilled on the battlefield to maintain our existence? What have they to do with us, or we them? And that crippled, uninformed letter circulating on the internet, "An Alaskan Native Speaks Out," how pathetic it is. We plains Indians have to go to Wal-Mart, to Target, to Arby's. We have to pay for gas, for heat, etc. Our lives were forever changed. And that's after war! And the Eskimos expect to be left alone, to live on their own fish and furs, without ever fighting? How so? By claiming the "rights" of American Indians--bought with blood?

This is all Leftist racism. And, as we note, a position which cares nothing for Indians. These theorists have not a twinge of concern for what is happening in the Comanche Nation at this very moment. They sound off only when it is to their personal career advantage--and then they claim their "rights," which they never fought for. The liberal media is generally quite happy to support such anti-white, anti-American racist voices--classifying all non-white "darkies" or "brownies" as one giant bowel movement in the earth, ready to drop on the White House steps. That should be quite clear by now. It's called the "indigenous movement." It is hemispheric these days. (LaDonna Harris is an avid advocate of that view. She includes Polynesians now in her "Americans for Indian Opportunity" fellowship program, as well as all South American Indians. Next we'll see Asians, and finally, African Negros, no doubt. That's the Soros/Redford approach at Sundance Institute.)

Comparing Eskimos to American Indians; comparing Todd Palin to LaDonna Harris; this is the great intellectual prowess of liberal Democrats. Isn't it brilliant? Isn't it inspiring? Doesn't it speak well of freedom, and promise a wonderful future?

I say it bespeaks the demise of nationhood--even the sovereignty of each individual tribe. The Comanches have had the right idea all long. Independence. Yes, in recent decades many Oklahoma Comanches have leaned Democrat, but I sumrise that is due to the Democrat environment of Oklahoma. Southwest Oklahoma, where the Comanche headquarters are, is one of the least populated areas of Oklahoma. This is not the hub of political life. Whatever the policial stats regarding individual Comanche people and their voting trends (if any), the numunu (the people) are essentially independent. Whatever notions and actions of generosity and fellowship the Comanche Nations shows to other tribes, this present crisis with Fort Sill shows that we are a singular people. We are apart. Alone, and fundamentally independent.

I, for one, will not share the glory.

Bad Eagle, 1836-1909

Disclaimer: BadEagle.com is an independent website, and does not represent any official or representative position of the Comanche Nation. Your web host just happens to be Quahada Comanche, a fifth generation descendent of Bad Eagle (quin-ne kish-su-it), born and raised in Oklahoma. I also happen to be an American Patriot, with abundant affection for the United States military. This Fort Sill crisis is unthinkable to me, and I attribute it mostly to the lack of familiarity with Indian history and affairs on the part of the current, newly appointed officers in charge.

The Fort Sill defense is all "red herring." Their case against the Comanche injunction (stopping Fort Sill construction at Medicine Bluffs) is based on a diversionary emphasis, an off-target, invisible straw man. It was a weak and crippled defense, in my opinion.

Today, Friday, September 12, was the third day in Oklahoma Federal Court in downtown Oklahoma City. Today, Fort Sill (US government) presented it's witnesses. These were individuals who gave accounts of the "damages" and "costs" to the government, should Fort Sill not be allowed to build the Training Service Center (TSC) at the base of Medicine Bluff, a very special, sacred site of Comanches (and other area Indians). The TSC, an imposing contruction design, if accomplished, would forever destroy the ambience of the beauty and sanctity of the critically important south side of Medicine Bluffs--the side the Comanches traditionally approached the Bluffs.

Fort Sill's defense, as presented by Attorney Tom Majors and Captain Teresa Ford, has basically two aspects: 1) denigration and contempt for Comanche spirituality, or for Indian religion; 2) a lengthy lament of the financial loses should the TSC be cancelled or the site be moved elsewhere. That is the scope of the defense. BadEagle.com has already touched (however inappropriately or vehemently) on the matter of public ridicule of Comanche religion by the United States Military lead attorneys. That is a matter of record now. That will never be forgotten, excused, or otherwise mitigated. The second aspect, that of financial damages caused by delay (i.e., the courts injunction against further construction efforts on the ground) or possibile relocation of the construction site altogether, were offered as an explanation for Fort Sill's objection to the injunction.

Note carefully, the contempt for Comanche religion was merely collateral damage from the Fort's effort before the court to dismiss the injuction. The Fort couln't care less about Comanche religion, nor were it's denigrations likely sincere, really. The point the Fort is trying to make before the court is that is must build. It is under federal obligations to build. It is part of a national program of restructuring the military of the United States. This current disruption--due to Comanche religion--is ridiculous, in their suggested reasoning. Why, the Fort is immediately connected to national defense, the war on terror, etc., etc. This Comanche business is frivolous, irrelevant, and even dangerous. These are the implications of the defense.

Col. William L. Greer, former Chief of Staff at Fort Sill, had testified of ealier problem with Fort Sill construction which violated historical Comanche grave sites. His point was that Comanches knew of Fort Sill construction initiatives, apparently implying that the Comanche Nation should have protested more strongly before the current situation. A weak point it was.

One Mr. Roberts was testifying for the court when I came in this morning (a half-hour late), giving details about the TSC site at the Bluffs, suggesting its necessity, its critical function, etc. The fact is, the present location of the main functioning TSC is miles away, and has been in use since 1978. Mr. Roberts gave the impression, however, that Fort Sill is in quite the dilapodated condition, with many facilities being outdated, out moded, and deteriorating. Therefore, a new TSC is urgent.

My point: that's not the issue. The issue is WHERE it should be built, not whether. Mr. Roberts testimony served no special justification for building the new TSC in the face of Medicine Bluff.

Col. Douglass Bentley, Jr. a logistics engineer, gave fascinating detail about the renovations going on at Fort Sill, and the regional Forts, and how BRAC (Base Realignment and Closure)--the federal initiative for reorganizing and overhauling the United States military--played out in the Fort Sill circumstances. However, not only had Col. Bentley not reviewed the BRAC recommendations for Ft. Sill, but he did not know that the new TSC proposal and location was not listed in the recommendations.

Nevertheless, Col Bentley explained the flexible concepts of "realignment," and also went into clarion detail of the BRAC financial aspects as applied to Fort Sill. But, once again, it was more red herring. The issue is where, not whether. No one is disputing the need for a new TSC facility. The dispute is over where it should be. There is no clear clear argument for or justification of placing it insultingly in the face of Medicine Bluff. (Judge DiGiusti even asked if the Fort had considered using the closed Fort prison as the new TSC facility, if the 'correctional facility' is sufficiently distant and out of the way of the Bluff viewscape.)

Fort Sill's contracting officer, Mr. John Weatherly testified at length about the financial damages incurred, should the current TSC construction project be terminated or moved. This was perhaps the meat of the defense, or at least intended to be. (However, there were some variant details. Weatherly's report had estimated $1,500 to $2,000 a day in costs due to the court's injunction against the construction. The contracting company, TREND, out of Tampa, Florida, however, states in their contract that such costs were $847. per day. There were other discrepencies in figures, but, the memorable fact is that Mr. Weatherly had not actually seen the construction designs for the new TSC, nor had he ever been asked to move a construction site before. (That's in 24 years of contracting negotiations.)

Judge DiGiusti (clearly the star of the show--in that he examined the witnesses himself, with truly insightful, careful considerations) asked Weatherly if he had consulted with TREND about their current costs related to the delay. He had not. Weatherly said the contract was a FY08 (fiscal year 2008) BRAC-funded contract, and if it wasn't done now, it would be terminated, and the money would be "reassigned." The judge suggested that the same contractor could be used, with a re-bid, and construction could still be completed on time--within the 2011 limit. Judge DiGiusti repeatedly explored possible solutions which neither plaintiff or defense attorneys had even brought up. This was truly impressive to the witnessing audience. We came to anticipate his contributions, and found ourselves waiting anxiously to hear them.

So, in summary, the defense position was, in my opinion, weak, based on contempt for another people's religion, and a line of red herring. Again, the issue is not whether to build, or only where to build the new TSC. It simply does not have to be in the face of the Bluffs. From what I heard, the defense did not even make this argument--why the TSC had to be there, at the Bluffs. They simply argued that they must have a new TSC. Now, I can write off my rage at the Fort for the disrespect rendered the Comanche elders by Captain Teresa Ford as my personal reaction. But, the fact that the Fort did not argue effectively the position that the TSC must be at the base of the Bluffs only tells me that the Fort is not prepared to win this argument. They did not demonstrate that the TSC must be at the Bluffs, nor that there were truly inhibitive financial damages for moving the site. As I said, Judge DiGiusti even brought up possibilities that there may not even be a need for a new facility, suggesting the former correction facility as as an alternative.

If my personal anger is assuaged at all, it is because of these mitigating circumstances: the major players of Fort Sill who are involved in this BRAC initiative are new to the Fort! They are unfamiliar with American Indian relations in the vicinity, and apparently have no particular interest or concern to know. They're just being soldiers, doing what they are assigned to do. This is more like a car wreck than an attack on Comanche people. These new officers seem oblivious to the cultural, historical circumstances of Fort Sill and the Kiowa-Comanche-Apache tribal community relations. This is a element in the mix here. Yes, there was disdain for Comanche spirituality on the part of Captain Teresa Ford, as she ridiculed Comanche elders with her obvious, condescending incredulity. But, she was doing her job as she saw it. She apparently had no sensitivity to any kind of spirituality at all.

This is the situation. A car wreck, cause by lack of cultural familiarity of certain military officers in charge, mis-communication on the part of certain unauthorized Comanche office workers (no longer in office), and the time and cost constraints of the BRAC initaitive. "We are a nation at war," said Col. Bentley said. He reference Iraq, training and deployment of our troops, etc. This was his "emotional" appeal for the BRAC initiatives.

Unfortunately, this had nothing to do with the location of the Training Service Center. It was red herring. Comanches are great veterans and patriots. There is no objection to the necessary improvements at Fort Sill. All we ask is that they not construct the TSC in the face of the Bluffs. There is no demonstrable necessity for that, nor inhibitive financial damages. The Fort simply erred in this one. They should move the construction site as quickly as possible, and withdraw their ineffective, misdirecting objections. This is truly wasteful. For that, the American public objects!

Heap Wolves, Comanche. Some white people wonder why
Indians have a living resentment of them. Is this such a
mystery? I wish that these court proceedings were on
tape, available to the public. This would answer many
questions.

Thursday, September 11, 2008 was the second day in Oklahoma City's Federal Court for the Comanche Nation, Case No. CIV 08 849 D, "Comanche Nation v. United States (Fort Sill)." It was at least a momentary victory for the Comanches At a critical point, after the Comanche case had presented it's principle witnesses, the defense (Fort Sill) attorney Tom Majors moved to dismiss the case. Federal Judge Timothy D. DeGiusti immediately denied the motion.

The Comanche Nation had this day presented a total of four elders to testify about the spiritual nature of Medicine Bluffs, and the Comanche involvement there, both historically and in the present day. This testimony was in addition to that of Jimmy Arterberry and Chief Wallace Coffey given yesterday. The elders were Bernard Kararah, Thomas Black Star, Sr. (83), Tawana Spivey (Chickasaw, and Ft. Sill Museum Director and Curator), and Rita Coosewoon. It was rather unique testimony, given the unfamiliarity of the court, and even of the Comanche attorneys (Jay Walters and Clint Cowan), when it came to anything Indian, and everything Comanche. For example, our Comanche elders, even Chief Coffey were initially asked, "How did you become Comache?"

As I have already vehemently noted, defense attorneys Tom Majors and Captain Teresa Ford showed not only unfamiliarity, but Captain Ford showed acute disdain and contempt for Comanche spirituality. That was the order of the day. Comanches had claimed religious privilege, therefore, Comanche religion was attacked, openly and unabashedly. That was the price we paid for being so very bold as to claim the right to our religious beliefs in this land of religious freedom. (Has an Episcopalian ever undergone such denigrating scrutinty? How about a Baptist?)

Nevertheless, our great Comanche men showed remarkable calm and dignity. I was astounded, by contrast to my own bewildering outrage--to see a white female treat these great Indian men with such unmitigated (and unforgivable) disrespect. I had to say something to our elders. "How could you remain so calm, like the still waters?" Kararah smiled and pointed heavenward. "The Spirit was with us," he said. Wallace said, "There's a time to use your anger, and a time to keep it hidden." Rita told me, "Never be negative." She spoke of the defense attorneys, "It's their anger, not yours. You're letting them put their anger in you! Don't do that." I have to admit, I felt really ashamed about myself. I was just too angry. I was impressed with my elders that day. And, from my own mother, I have quoted before, in my post on Chief Wallace Coffey:

In 2001, at the age of 79, she wrote of "the elegant Indian male," who would never "openly dispute at social or business meetings." She must have been thinking about Wallace. The Indian men "do not get upset if they have to wait hours for a meeting to start, or for someone to arrive. The word 'rush' has no meaning to them." She said the Comanche had "no fear but lightning." Yes, she was thinking about Wallace, I'm sure!

I know she wasn't thinking of me!

Towana Spivey's historical testimony about the Bluffs was stunning. And, being an employee of the Fort, he has put himself and his job on the line. He is standing for truth, that's all. He knows how this current crisis developed, and he knows the history of Fort Sill and all the Indians of the area. His testimony will no doubt prove an insurmountable irony for Fort Sill's defense team.

Fort Sill is in the middle of an enormous BRAC (Base Realignment and Closure) process, which is a federally funded program of renovation, reconstruction, new construction, expansion, etc., which involves millions of dollars. Fort Sill must complete constructions by 2011, or lose the funding. Thus, the pressure to continue, and the "loss" caused by delays--such as court injunctions, or having to move sites, etc. This is a driving force behind the defense case.

There may be genuine confusion and lack of communication involved. The Fort has undergone fundamental reorganization, and there are new officers in charge of things, appointed in the last year--officers who have no knowledge of either the historical or present relations of Fort Sill to the Indian tribes of southwest Oklahoma. They are simply pushing the BRAC programs, with little consideration of the Indian circumstances.

The defense presented witness today, and their case was rather weak, unprepared, and ineffective. Judge DiGiusti re-examined Ft. Sill "archeologist" Kevin Christopher, and found his testimony quite problematic and unsatisfactory. As to specifically and clearly required "consultation" with the Indian tribes, Christopher could cite only emails and notices of project construction. "So, what you mean by 'consulation' is sending notification of plans?" the judge asked.

Tomorrow, Friday, the defense will present witness testifying about the 'financial damage' the injunction has cost them, and any more delay will cost, and any transfer of construction sites. This portion of the hearing is to last half a day. Court will reconvene on Monday, 9:00 am, 4th Street, between Robinson and Harvey, Room 503 (5th floor, south side). I understand that Tuesday, September 16, the court has considered an on-site visit to Medicine Bluff, and the proposed Fort Sill Training/Service Center (TSC) construction site. Never was a court more sincere in such a case.

In the interests of objectivity and 'balanced' reporting, I am hoping to interview the defense attorneys, particulary the military personnel involved. My anger is merely a reflection of the frustration admiration I have for the US Military. That they should treat Comanches, my people, great warriors and US veterans that Comanches are, with such carelessness and public contempt, is more than I can bear. And I'm no one. I'm not a vet. I come from a family of vets, but, I was rejected for childhood health problems. I have no service record. This is all vicarious for me. Perhaps that is the cause of my outrage. It is magnified by personal frustration. I feel I owe the military a voice, even if I think they're acting like blockheads, blinded by financial pressures. I'm supposed to request permission from First Assistant US Attorney Robert Troester. I may not bother. We all know the traditional military procedure. Don't ask, don't tell. Just do. Sometimes, it's just better not to ask. Don't give anyone the chance to say no. That's just what Fort Sill has done to the Comanches, or so it appears.

Before Rita Coosewoon was finished, she had invited all people to Medicine Bluff. "It is your Creator, too," she said to the defense attorneys. "The Spirit is there for all people." That was a rather special moment. Thank you, Rita! I also note, Captain Ford seemed actually respectful of Rita. I would say it was the spirit of stark feminism in her, rather than appreciation for what Rita was actually saying.

By that as it may, let's hope the weather holds Tuesday, so the court can visit Medicine Bluffs!

The first day of hearings for Case No. CIV 08 849 D in the United States District Court (Oklahoma City) began this morning at 9:00 a.m. (Well, actually, at 9:45 a.m.). The Comanche Nation v. The United States (Fort Sill) opened in the courtroom of Judge Timothy D. DeGiusti, a very level-headed, courteous, and kindly exacting umpire of law.