08-22-2016, 04:02 PM
Beto left the now more amiable Agent Sheridan and went to the office that had been temporarily provided for him. He mulled over the facts. The event had occurred in on tribal land in chambers during a Council of Native Americans meeting. Article 6 had been invoked, under pain of expulsion. No recording devices were permitted. Therefore, no recording of the attack and killing was supposed to exist.
Of course, Beto knew that supposed to was not 'did not'. Despite the growing influence and public sentiment in favor of the Native Council, their unity was a tenuous recent thing. The massive changes over the last 30 years had left vacuums of influence. And into one of those the stepped the new Tribal Council.
It was a notable change. For the last 200 years, most tribes dealt with the Federal government on an individual basis through the various treaties- something the Fed took advantage to a degree that might shock those not familiar with human history. One group jockeying for advantage at the expense of the other, even when not promoted outright by government policy, was inevitable, as self-interest was always the driving force.
As such, among all tribes, there were always those who were...amenable to helping the Federal government as long as it lined their pockets. The number of cases of embezzlement in Tribal governments was too astonishingly high to indicate any higher moral character among them than any other group. The right questions asked of the right people might possibly provide video of the event- all anonymously, of course.
Whether that would be admissible or not was another question. Whoever might have taken the recording was not an agent of the government, after all. Tribal land was sovereign, though, and no doubt it would be argued that the meeting place itself, especially where the Charter was invoked, constituted an Embassy of sorts, with an expectation of privacy.
But things were not so cut and dried, Beto knew. Tribal Sovereignty was not, legally, the same as the sovereignty of any other country. While some might and could forcefully argue the ethics of the matter, the treaties themselves always made clear that the Federal government held jurisdiction over these lands. This wasn't the era of the Cherokee Trail of Tears or the Long Walk of the Navajo, no. But a sitting judge would have to rule on it, and then that decision would be subject to appeals, on and on, this time, no doubt walking all the way up to the Supreme Court. Tribal Relations would be legally defined.
And that was the real issue that Beto honed in on. While Native peoples would no doubt want that to become the focus, the United States- indeed the world- was facing a bigger problem. People with enhanced abilities existed. As Ms. Makawee herself was proof of. And her counsel, though Beto would not mention that he knew that. And the laws simply did not exist, yet, to figure out where they fit or what acceptable use of their abilities meant. Or even what those abilities were!
So was it in the Federal government's interest to pursue a case against Ms. Makawee. Or was to understand her and her what she could do? Whether her words to the police were considered excitied utterance and were or were not thrown out, he knew what she had said. She was one of them, as was Little Bird.
And that was Beto's concern. To create law, one must first define the players and the situations, in exacting detail. Good law was long and focused on the minutia, trying to account for all foreseeable possibilities. And the fact was, their information was limited. Nick Trano might be enhanced, as he claimed- Beto saw no reason to question it- but he was not available. And Beto had to understand.
A knock called him out his contemplation. At his word, the door opened and a man came in. Beto watched him. He knew who Jon Little Bird was by reputation. He had made a name for himself as a lawyer. Young, it was true. But that was never a handicap. He did not feel adversarial toward the man. Merely curious as to what the man would propose for his client. Beto put on friendliness at his man's greeting.
The man launched into a defense almost immediately and Beto felt a sense of amusement. He seemed almost out of breath as he made his case, his words pouring out in a stream.
They were certainly logical. And whatever his tone, it did not bother Beto in the slightest. He listened, showing little of what he was thinking. Or of what he had decided.
When he finished, Beto was quiet for a moment. The man was forthright. And confident, though not in the way that indicated an ego that needed to be coddled. Certainly not a Sheridan. Beto would speak honestly to him. "Let us put aside, for a moment, the fact that there is no certainty whatsoever that Ms. Makawee's statements were illegally obtained. You and I both know she was mirandized when she was taken in. She was not questioned without her counsel. I made sure of that. Nor is the fact that she hasn't been charged yet an indicator that she cannot be. As far as I can see, this situation is analogous to her using a gun to stop the man. The exact same things would have been done to her, regardless of sex or ethnicity."
He smiled at the man. "However, initial statements do support Ms. Makawee's claims that whatever happened, death was an accident. Likening the situation to the use of a firearm to stop a crime is illuminating, in as much as the effect is exactly the same, regardless of method. The man was attempting to kill you and she stopped him."
His earlier thought returned to him and he couldn't help it. "Of course, if there were any recordings that showed the incident, then there'd be no doubt, whatsoever. But you and I know that that is impossible."
He didn't have a sense of humor, not in the way others did. But he did find things humorous, especially when he could use them to prod.
It came down to what was the bigger concern. And what was provably the truth. He personally did not believe she had intended either murder or had a reasonable knowledge that her actions would lead to the man's death. And that was that as far as he was concerned. He could read people. And her remorse and fear and confusion had been real. "However, in this case, I do believe that Ms. Makawee acted in defense of another person and her use of lethal force, even in that was not intent, does not rise to the level of a crime. I do not believe she committed a crime and I am prepared to sign off on a nolle prosequi."
"Now, in regard to the assassination attempt on yourself the FBI will be taking the lead on that. I would be happy to liaise with Agent Sheridan in the investigation, if you do not wish to speak to him directly. At the very least I can be there when you speak to him. Having the Justice Department showing interest in the case could lead to a more thorough investigation."
Edited by Beto, Aug 22 2016, 04:02 PM.
Of course, Beto knew that supposed to was not 'did not'. Despite the growing influence and public sentiment in favor of the Native Council, their unity was a tenuous recent thing. The massive changes over the last 30 years had left vacuums of influence. And into one of those the stepped the new Tribal Council.
It was a notable change. For the last 200 years, most tribes dealt with the Federal government on an individual basis through the various treaties- something the Fed took advantage to a degree that might shock those not familiar with human history. One group jockeying for advantage at the expense of the other, even when not promoted outright by government policy, was inevitable, as self-interest was always the driving force.
As such, among all tribes, there were always those who were...amenable to helping the Federal government as long as it lined their pockets. The number of cases of embezzlement in Tribal governments was too astonishingly high to indicate any higher moral character among them than any other group. The right questions asked of the right people might possibly provide video of the event- all anonymously, of course.
Whether that would be admissible or not was another question. Whoever might have taken the recording was not an agent of the government, after all. Tribal land was sovereign, though, and no doubt it would be argued that the meeting place itself, especially where the Charter was invoked, constituted an Embassy of sorts, with an expectation of privacy.
But things were not so cut and dried, Beto knew. Tribal Sovereignty was not, legally, the same as the sovereignty of any other country. While some might and could forcefully argue the ethics of the matter, the treaties themselves always made clear that the Federal government held jurisdiction over these lands. This wasn't the era of the Cherokee Trail of Tears or the Long Walk of the Navajo, no. But a sitting judge would have to rule on it, and then that decision would be subject to appeals, on and on, this time, no doubt walking all the way up to the Supreme Court. Tribal Relations would be legally defined.
And that was the real issue that Beto honed in on. While Native peoples would no doubt want that to become the focus, the United States- indeed the world- was facing a bigger problem. People with enhanced abilities existed. As Ms. Makawee herself was proof of. And her counsel, though Beto would not mention that he knew that. And the laws simply did not exist, yet, to figure out where they fit or what acceptable use of their abilities meant. Or even what those abilities were!
So was it in the Federal government's interest to pursue a case against Ms. Makawee. Or was to understand her and her what she could do? Whether her words to the police were considered excitied utterance and were or were not thrown out, he knew what she had said. She was one of them, as was Little Bird.
And that was Beto's concern. To create law, one must first define the players and the situations, in exacting detail. Good law was long and focused on the minutia, trying to account for all foreseeable possibilities. And the fact was, their information was limited. Nick Trano might be enhanced, as he claimed- Beto saw no reason to question it- but he was not available. And Beto had to understand.
A knock called him out his contemplation. At his word, the door opened and a man came in. Beto watched him. He knew who Jon Little Bird was by reputation. He had made a name for himself as a lawyer. Young, it was true. But that was never a handicap. He did not feel adversarial toward the man. Merely curious as to what the man would propose for his client. Beto put on friendliness at his man's greeting.
The man launched into a defense almost immediately and Beto felt a sense of amusement. He seemed almost out of breath as he made his case, his words pouring out in a stream.
They were certainly logical. And whatever his tone, it did not bother Beto in the slightest. He listened, showing little of what he was thinking. Or of what he had decided.
When he finished, Beto was quiet for a moment. The man was forthright. And confident, though not in the way that indicated an ego that needed to be coddled. Certainly not a Sheridan. Beto would speak honestly to him. "Let us put aside, for a moment, the fact that there is no certainty whatsoever that Ms. Makawee's statements were illegally obtained. You and I both know she was mirandized when she was taken in. She was not questioned without her counsel. I made sure of that. Nor is the fact that she hasn't been charged yet an indicator that she cannot be. As far as I can see, this situation is analogous to her using a gun to stop the man. The exact same things would have been done to her, regardless of sex or ethnicity."
He smiled at the man. "However, initial statements do support Ms. Makawee's claims that whatever happened, death was an accident. Likening the situation to the use of a firearm to stop a crime is illuminating, in as much as the effect is exactly the same, regardless of method. The man was attempting to kill you and she stopped him."
His earlier thought returned to him and he couldn't help it. "Of course, if there were any recordings that showed the incident, then there'd be no doubt, whatsoever. But you and I know that that is impossible."
He didn't have a sense of humor, not in the way others did. But he did find things humorous, especially when he could use them to prod.
It came down to what was the bigger concern. And what was provably the truth. He personally did not believe she had intended either murder or had a reasonable knowledge that her actions would lead to the man's death. And that was that as far as he was concerned. He could read people. And her remorse and fear and confusion had been real. "However, in this case, I do believe that Ms. Makawee acted in defense of another person and her use of lethal force, even in that was not intent, does not rise to the level of a crime. I do not believe she committed a crime and I am prepared to sign off on a nolle prosequi."
"Now, in regard to the assassination attempt on yourself the FBI will be taking the lead on that. I would be happy to liaise with Agent Sheridan in the investigation, if you do not wish to speak to him directly. At the very least I can be there when you speak to him. Having the Justice Department showing interest in the case could lead to a more thorough investigation."
Edited by Beto, Aug 22 2016, 04:02 PM.