From: Indian Trust ListServ Date: Wednesday, February 13, 2002 08:13:23 PM To: Indian Trust ListServ Subject: COBELL v. NORTON FOR IMMEDIATE RELEASE February 13, 2002 www.indiantrust.com COBELL: NORTON’S TESTIMONY MAKES THE CASE FOR RECEIVERSHIP “She Gave Herself a Passing Grade – That’s Not Good Enough for a Trustee” WASHINGTON, D.C. – Elouise Cobell said today that Interior Secretary Gale Norton’s testimony that she gets a “passing grade” as trustee for the failed Individual Indian Monies (IIM) trust makes the case that a federal judge should remove the trust from Interior’s control and place it in the hands of a receiver. “The trust system of ‘I-don’t-care-about-the-Indian-beneficiaries’ is the one that’s prevalent,” said Cobell, the lead plaintiff in a class action to force reform of the IIM trust. “A passing grade – that’s not good enough. She’s playing possum. That’s what politicians do. That’s not good enough for a trustee.” Norton faces five counts of contempt of court for her failure to reform the deeply troubled trust and fulfill her duties as trustee. Taking the witness stand in federal court today, she acknowledged that “a vast number of things need to be done,” but pleaded with U.S. District Judge Royce C. Lamberth for another chance to clean up the 120-year-old trust. “We’re motivated to get this problem solved,” Norton said, turning to face the judge. “We’re dedicated to doing this. I’d really like to see significant change take place during my tenure as Secretary. I’d like to have the chance to do it.” But Lamberth, who has presided over the Cobell v. Norton litigation for almost six years, expressed skepticism. He recalled that former Interior Secretary Bruce Babbitt had sat in the same witness chair in 1999 and recited the same litany. “And none of that happened,” Lamberth said. “Maybe a little bit,” said Norton. “Such a little bit, I’d still call it nothing,” the judge said. Norton depicted herself throughout her testimony as a well-meaning official who lacks knowledge of trust matters. “You’re asking for something I don’t really know how to answer,” she replied to one question from lead plaintiffs’ attorney Dennis M. Gingold. At another point, she said, “I’m not enough of an accounting expert to know what constitutes an accounting.” Asked whether a $20 million consultant’s report was an accounting of IIM trust funds, she said, “I’m not an accountant. I’m just a lay person on this, not an accountant. When I took the oath of office [as Interior secretary], it didn’t give me a degree in accounting.” Asked about the lack of computer security for IIM trust funds and data, she said, “I’m not a computer programmer, either.” “As a trustee, she’s incompetent,” said Cobell. “This is the same old thing I’ve heard for years. We’re going to have a new team. We’re going to have a new system. ‘I’ve got a bright new team.’ She should be held in contempt. Then we’ll get some decisions.” Lamberth scheduled the next hearing in the contempt proceeding for Feb. 20. ##### To subscribe to the Indian Trust mailing list, please paste the following link into your browser: http://www.indiantrust.com/