'A Governor who refuses to respect Oklahoma law': Senate Pro Tem sends scathing invite requesting AG assist in federal lawsuit
OKLAHOMA CITY (KFOR) - The Oklahoma Senate President Pro Tempore has requested the Attorney General take charge in a federal lawsuit regarding "illegal" tribal gaming compacts the Governor signed off on in 2020.
"Once again, the legislative branch is compelled to intervene because of the actions of a Governor who refuses to respect Oklahoma law and the Constitutional restraints on his power. As a conservative, I believe that rights not specifically delegated to the federal government belong to the states. But it has become clear, once again, that the Governor disagrees with this bedrock principle as has spent thousands (if not millions) of Oklahoma taxpayer dollars to argue for the supremacy of a federal statute in direct opposition to Oklahoma law and two decisions of our Supreme Court," wrote Senate President Pro Tempore, Greg Treat (R-OKC).
In 2020, Governor Kevin Stitt signed off on four tribal gaming compacts and had it approved through the U.S. Department of the Interior.
The compacts are meant to establish rules over all forms of gambling, including casino-style.
By the Governor going through the U.S. Dept. of Interior, he disregarded the mandatory legislative process, according to Pro Tem Treat.
Pro Tem Treat and House Speaker Charles McCall filed two lawsuits on this, both in 2020.
The Oklahoma Supreme Court sided with lawmakers on this one, calling the compacts "invalid under Oklahoma law." The Supreme Court also stated the new compacts were in violation of the State-Tribal Gaming Act for authorizing gaming types such as sportsbook (online sports betting app).
A federal lawsuit was filed by the Cherokee Nation, the Chickasaw Nation, the Choctaw Nation, and the Citizen Potawatomi Nation in response to Gov. Stitt's actions.
The lawsuit is not only filed against the Governor, but also the U.S. Department of the Interior. The tribes are suing two smaller tribes involved in the compacts as well: The Comanche Nation and the Otoe-Missouria Tribe of Indians.
The case is pending in the U.S. District of Columbia District Court.
As its awaiting more movement, State Attorney General Gentner Drummond sent a letter to Speaker McCall and Pro Tem Treat asking to be invited to represent Oklahomans in this case.
"Given your first-hand involvement in Treat I and Treat II, you are painfully aware that the State of Oklahoma has been embroiled in a legal controversy for over three years following Governor J. Kevin Stitt's unilateral action of negotiating illegal tribal gaming compacts with four tribal communities in Oklahoma," stated General Drummond. "The purpose of this letter is to humbly invite the Legislature's entreaty that this Office assume the defense of Oklahoma's interests in the Cherokee Nation Lawsuit and bring it to an expeditious end."
General Drummond added that the Oklahoma Legislature did not approve of/authorize the Governor to bind Oklahoma to the tribal compacts.
"In entering these agreements, Governor Stitt acted outside his powers under the Oklahoma Constitution and in contravention of Oklahoma law. Nevertheless, despite knowing that he lacked authority to enter the gaming compacts, Governor Stitt sought to have the Department of the Interior approve them. There is no legal doubt that Governor Stitt's actions violated the separation of powers," explained General Drummond.
With General Drummond's extended invitation, Pro Tem Treat submitted his formal request for legal assistance in this lawsuit.
Pro Tem Treat sent a letter to General Drummond on Tuesday outlining his frustrations with Gov. Stitt and the ongoing tribal compact lawsuit.
"The Oklahoma Supreme Court unequivocally declared not once—but twice—that Governor Stitt's actions were unlawful and that the Governor's compacts were unauthorized (and thus "invalid") under Oklahoma law. All four million Oklahomans should be treated equally under the law. Nobody – not even the Governor – is above the law," stated Pro Tem Treat.
In bold print in the letter, Pro Tem Treat added, "It has thus become clear that the Governor has a conflict: he can either choose to represent the interests of the state or his own personal interests, and I believe he has made his decision clear."
The Pro Tem further explained that this lawsuit has already cost Oklahoman taxpayers thousands, if not millions of dollars.
"The Governor has used the Federal Lawsuit to argue that Oklahoma law can be ignored because
he believes federal law endows him with the singular authority to unilaterally bind the state to illegal gaming compacts— an argument that is in clear violation of the separation of powers and deeply at odds with the very notion of federalism. He clearly is in no position to represent the state's interest in this matter," said Pro Tem Treat. "I have no other option but to request that you intervene in the lawsuit, through whatever means you deem necessary, to defend the interests of the State."
"We appreciate Senator Treat. He is exemplifying strong leadership, and demonstrating that cooperation is superior to conflict,” said Cherokee Nation Principal Chief Chuck Hoskin Jr. “The Senate Pro Temp, along with the Attorney General, see tribal governments as partners, not as adversaries. They see an opportunity for collaboration, not litigation. The costly lawsuits caused by the governor’s stance is not good for Oklahomans.”
The Citizen Potawatomi Nation told KFOR they didn't have a comment.
Speaker McCall has also sent a letter to General Drummond about the federal lawsuit.
"You have the unilateral authority to take over the litigation regarding the compacts found to be invalid by the Oklahoma Supreme Court," stated Speaker McCall. "If you, as Attorney General, deem it in the best interest of the State of Oklahoma for you to intercede in this litigation then I and the citizens would expect you to do so, and the House will not interfere with that decision," said Speaker McCall.
Under Title 74, Section 18b(A)(3), a formal request for the Attorney General to step in as counsel must be submitted. In Speaker McCall's letter, there is not a direct request.
The Attorney General's Office said General Drummond is now evaluating the best course of action to uphold and defend Oklahoma law.
On the other hand, Governor Stitt claims General Drummond lacks the authority to represent in this case.
"Respectfully, the Attorney General’s Office does not have the authority to unilaterally
assume representation of the Governor—a defendant the Cherokee Nation, the Chickasaw Nation, the Choctaw Nation, and the Citizen Potawatomi Nation (collectively, the “Plaintiffs”) decided to sue—and the Oklahoma Rules of Professional Conduct governing attorneys explicitly prohibits the Attorney General’s Office from doing so," said Gov. Stitt's Office in a letter from July 11.
Throughout the letter, the Govenor's Office touches on the AG representing Gov. Stitt.
However, the AG's Office tells News 4, "The Attorney General represents the interests of the State of Oklahoma and has no desire to represent the Governor in yet another costly attempt to invalidate settled law."
"This Office does agree with the Attorney General that the Lawsuit has been protracted and that
finality is preferred. Of course, neither the Governor nor the defendant smaller tribes initiated the lawsuit. They were forced into litigation by Plaintiffs. The defendants have since filed dispositive motions to bring closure to the Lawsuit. Plaintiffs, on the other hand, have fought expeditious closure and continue to prolong the litigation. If the Attorney General or others would like to see an end to the litigation, the ask is misguided. Plaintiffs, with the filing of a single motion, could have the Court dismiss the Lawsuit. The Governor would welcome that," the letter reads. "The Attorney General’s request is a legal and ethical impossibility."
News 4 reached out to the Governor's Office Thursday morning for comment.
The Governor said, "Pro Tem Treat is entitled to his opinion about a lawsuit brought by four large tribes against me and four smaller tribes, but I can assure you, there is nothing political about this for me. I’m fighting for the four million Oklahomans that I am constitutionally obligated to defend.”
News 4 has filed an Open Records Request with the Governor's Office regarding the funding of tribal related lawsuits.
The latest movement in this federal lawsuit was July 12 where a 'Notice of Recent Authority' was filed.
Court documents reveals another case similar to this one was said to be in violation of the Indian Gaming Regulatory Act.