The government’s relationship with and duties to Native American individuals and tribes are generally defined in the first instance by applicable statutes and regulations. Many of those original statutes are still in tact and applicable, unless expressly overwritten. Malfeasance, lack of due diligence or any other intentional act should be fully reviewed and considered based on the legal requirements governing at the time it occurred and equally so, legal requirements today if those illegalities are allowed or perpetuated by individuals now.
There is no implied right by anyone under any guise to avoid what the law, or clear objective facts or moral consciousness requires. Due Process of law does not mean lip service. It is never satisfactory to say, “It happened so long ago, redress is not worth the time.” Due process is on a time continuum. It is as important then as it is now! It does not diminish by whim or fancy.
Under both federal and state laws, efforts to diminish a person’s rights are against the law. The following provisions are not exclusive and there are many more. We start with these:
Rely on 18 U.S.C. § 241 which states:
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
Further rely on Oklahoma State law under 15 O.S. § 58:
Actual fraud is:
Actual fraud, within the meaning of this chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract:
1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true.
2. The positive assertion in a manner not warranted by the information of the person making it, of that which is not true, though he believe it to be true.
3. The suppression of that which is true, by one having knowledge or belief of the fact.
4. A promise made without any intention of performing it; or,
5. Any other act fitted to deceive.