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Historic Haaland Confirmation Hearing

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Confirmation hearings for Rep. Deb Haaland begin this week in the U.S. Senate.
This is Trahant Reports. 
She’s the first Native American to ever go through a confirmation hearing for a cabinet post — and if confirmed by the Senate she will be the first ever tribal citizen to run a major agency, the Interior Department.
And there is a lot of history unfolding. 
Rep. Haaland stood with the water protectors at Standing Rock. She has stood with those opposed to oil and gas development in her own home state in New Mexico and she was once a government witness in a hearing about sacred lands on the U.S. border.  At that event she told the Trump administration and the U.S. Border Patrol:   “I don’t know how you can sleep at night.”
Haaland is a citizen of Laguna Pueblo.  She is 60 years old and her job would be extraordinary. The Interior Department has a remarkable mission, managing the relationship with tribal governments, administering mineral rights, national parks, wildlife and endangered species, and approving oil and gas drilling and mining.
And that is the issue that is bringing out the opposition. Republicans generally favor oil and gas development on federal lands. The Biden administration has said climate change — not energy independence — will be its touchstone.
A lot of eyes will be watching Sen. Joe Manchin from West Virginia. He’s chairman of the Energy and Natural Resources Committee and a long time supporter of the oil and gas industry. After a vote earlier this month, he reaffirmed that support. He said: “My position on the oil and gas industry has not changed. I have always been and will always be an outspoken advocate for an all-of-the-above energy policy that includes fracking and responsible energy infrastructure development, like the Keystone XL pipeline.” 
One early opponent is Montana Sen. Steve Daines. He has said Haaland’s positions are radical, citing the Green New Deal and her opposition to fracking. 
He recently tweeted that Rep. Haaland’s nomination is “extremely alarming. Rep. Haaland has called for the elimination of oil, natural gas AND coal. America can not afford this radical transition away from reliable energy.”
Daines has said he will use procedural powers to slow or block her nomination.
 Still, if Chairman Manchin, and all of the Democrats vote together, Haaland will be confirmed. 
The Haaland nomination is also a key indicator about the role of tribal nations in the Biden administration. And tribes have high hopes. There are so many issues that have never received full attention from the federal government, ranging from the co-management of public lands and wildlife to the actual return of lands taken illegally. 
Tribes will be expecting a lot more than just window decoration; pushing for a secretary who understands tribal issues and is ready to act accordingly. 
But first she has to get past the Senate.
I am Mark Trahant.

Hold up just a split Senate!

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Senators Tom Daschle, D-South Dakota, Vice President Dan Quayle, and Senator Trent Lott managed the Senate when the numbers were tied, 50/50.
(US Senate photo)
Just how will a 50/50 Senate operate? That remains an open question .. but any answer ought to question the future of that body in a democratic society.

This is Trahant Reports.

The Senate is split 50-50, 50 Republicans and 50 Democrats. And that means the Democrats are supposed to be in control because Vice President Kamala Harris can cast a tie vote. But Senate rules are complicated and there is now a fight going on about just what those rules are.

The last time the Senate was that divided was 2001. Senators Trent Lott and Tom Daschle came up with a method to manage that tie. They wrote that it took several weeks of negotiation and “was one of the most difficult undertakings either of us faced in all the years we served in leadership.”

The country really doesn’t have several weeks for that kind of fight right now. Already the Biden administration’s plan for COVID-19 relief is on hold while the Senate waits to move forward. There could be challenges ahead with administration nominees as well as the impeachment trial of former President Donald Trump.

As Lott and Daschle wrote in the Washington Post: “The circumstances are more complicated today: The country is more polarized.” And, on top of that, senators from both parties don’t trust each other as much.

And, more often, it takes 60 votes not 50 to pass legislation because of the threat of filibuster. I say “threat” of a filibuster because that’s the way it works. These days no one has to stand and hold the Senate floor talking for hours and hours. Just the threat is enough to demand a 60 vote supermajority.

This supermajority has both worked for and against tribal nations. It’s helped kill bad legislation — and prevented really good ideas from becoming  law. 
Then 60 votes or not the Senate is an institution that really needs “structural reform.”

There have only been four Native Americans to ever serve in the Senate and no Native women. Ever.

Today a single vote from a senator from Wyoming is worth 68 times more than one from California. This imbalance is growing, not shrinking. The most recent calculation from Vox shows that Democrats in the Senate represent 41 million more Americans than the Republicans.

There are a lot of options that would make the United States more democratic. It could be a constitutional shift toward a parliament, like most countries in the world. Ideally a parliamentary ballot allows broad representation (another of our peculiar quirks is a system where candidates win with a bare majority, instead of fifty, plus one.) The Senate could even be proportional with states like California having more senators than just two.

The rules fight going on in the Senate is tied to this structural imbalance — and it’s the voters who come up on the short end. 

 

I am Mark Trahant.

By the Numbers

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Former Sen. Ben Nighthorse Campbell, Northern Cheyenne, at a Senate Interior Committee meeting. Campbell was considered for Interior Secretary by former President George Bush. (Senate photo)

Let’s look at the numbers behind any cabinet appointment.
This is Trahant Reports.
The appointment of Rep. Deb Haaland — or any tribal citizen — to a presidential cabinet would make history. Haaland, Laguna Pueblo, would be the first Native American to operate a cabinet level agency.
Vice President Charles Curtis, Kaw, is the only tribal citizen to ever serve in a presidential cabinet, but he did not run an agency. Nor did he do much. He was rarely consulted. Attended only a few cabinet meetings and he did little to influence policy.
Haaland would be the first Native American to serve in the cabinet as an agency head, running the Interior department.
There have been roughly 750 cabinet appointments from 45 presidents.

The math here: One cabinet appointment out of 750 equals 0.133333333333 percent.

Bad. But extrapolate that beyond the cabinet, across government and the daunting nature of this representation is clear. There are 4,000 jobs that will be appointed by the next president. To reach parity with the population, it would require at least 80 such appointments.

There are zero Native Americans in the United States Senate. In the history of the country there have only been four, all men.

The people’s House where Haaland now serves has better numbers. There will be four members in the next Congress, or 0.91954022988506 perc ent. Since the Congress first began there have been 10,363 members since 1789 or 0.16404516066776 percent.

More numbers. There are currently 870 authorized judges; nine on the Supreme Court, 179 on courts of appeals, 673 for the district courts and nine on the Court of International Trade. There are two tribal citizens serving as district court judges. Or 0.22988505747126 percent. In the history of the country there have been three Native Americans serving as district court judges.

At the Interior Department, the agency responsible for the relationship between the government of the United States and tribal governments, there have been 53 secretaries. The math here is easy. Zero from 53 is still zero.

There was at least one candidate for the Interior before Haaland. Sen. Ben Nighthorse Campbell’s name was floated to George Bush. Campbell is Northern Cheyenne. As then Sen. Wayne Allard, R-Colorado, wrote about Campbell’s qualifications. “As you know, his work in Congress included time as chairman of the Indian Affairs Committee, and he did extensive work on issues important to the West such as water, forestry, public land management and resource development.”  Bush picked Idaho Gov. Dirk Kempthorne.
And Rep. Ben Reifel, R-South Dakota, in another era might have been considered. He took a lame duck appointment as commissioner of Indian affairs under Nixon, serving just a few months. Or even Brig. Gen. Ely Parker, Seneca, who also was commissioner of Indian affairs had to resign his rank in the military in order to take the Indian affairs post.

Then that was another time. At least that’s what we are told.

 

I am Mark Trahant.

Budget Deadline

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It would be nice to have some quiet time. A few days, or better, a few weeks where the country doesn’t face a major challenge. 
Of course in a pandemic that’s not going to happen. And lawmakers in Washington may make things worse. 
Really. 
This is Trahant Reports.
The deadline is December 11th. That’s when the federal government — once again — will run out of money. Three things could happen. First, Congress could enact a real budget for the year that already began in October. Second, there could be another temporary solution, a Continuing Resolution, in the language of Washington. Or finally the House, the Senate, and President Donald Trump could fail to reach a deal altogether. And if that happens … then once again the federal government will go into shutdown mode.
During a pandemic, no less.
So far the House and the Senate have different spending approaches. And after a deal is reached, then President Donald Trump will have to agree too. That might be complicated in a time when he still claims he won the election … “by a lot.”
This year’s spending bills are thorny because of the election results. Democrats want to spend more money on the priorities of the next administration. And, conversely, Republicans are hoping to protect as many of their policies as possible. Think border wall and immigration. 
Congress has a lot on its agenda beyond the immediate budget. There are loud calls for a new pandemic relief bill.
And states and tribes are looking for money to distribute vaccines, a task that’s huge given the size of the country. Imagine reaching 100 million people or more so they can take one or two shots.
More than 125 economists have called on Congress to act soon. They wrote: “The COVID crisis has caused some of the most significant and unequal damage to the U.S. economy in modern history, leaving families and businesses alike struggling to get by. Unless policymakers act quickly to respond to the crisis at the scale necessary, we risk the damage to the economy lasting much longer than necessary, particularly for those at the bottom who have been hit the hardest.”
Tribes, and some states, could also use more time to effectively distribute the already funded 
In the Coronavirus Aid, Relief, and Economic Security or CARES Act. That  $2.2 trillion stimulus package signed into law in late March, was by all accounts a successful factor in mitigating the economic impact of COVID. 
But tribes have asked for more time. Building up an infrastructure, while fighting the pandemic itself, has been particularly challenging for smaller governments. The money is supposed to run out at the end of the year.
So far there doesn’t seem to be a lot of consensus about what to do next.  Democrats are eager to pass something significant, while Republicans in the Senate remain cool to anything costly.
Congress returns to work this week and the deadlines are coming fast.
I am Mark Trahant.

After Election

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The election is over. You’d think that would mean a period of quiet. The time for planning so a new government can take office on January 20th at noon. Already there are lists of potential leadership jobs at every agency in government. Some 4,000 political appointees need to be vetted and hired, including those who run the Bureau of Indian Affairs and the Indian Health Service.

This is Trahant Reports.

Every story published  about the election gets an instant comment from supporters of President Donald Trump: The election is not over, they write. There are legal challenges ahead. The media doesn’t call elections, the courts will. 

That packs in a lot of ideas. The news media doesn’t really determine elections, that’s true. 

But we do report results. And the math is the math. It’s a system that has worked pretty well for more than a century. Yes, you could use the standard of certification … but most states take 30 days or more after the counting is completed and that could be mid-December. That’s the deadline for the Electoral College to meet and vote.

Waiting is a problem because it means less time to organize a new government. And, at all levels of government once the news media does the math … the transition planning begins. Even in this election, every single congressional race was “called” by the media, often moments after the polls closed. Not a single member objected. But this president is different. The damage he is doing is to the country and to the essential operation of government. 

The legal challenges are the political equivalent of a lottery ticket. Yes … he could win. Something that everyone who buys a lottery ticket says too.
President-elect Joe Biden and Vice President-elect  Kamala Harris celebrated their win Saturday and are beginning a transition anyway. It’s worth noting about this as history: Harris is the first woman, the first daughter of immigrants, the first Black woman. She is shattering the glass ceiling. The Biden team promises more of that, assembling a diverse cabinet, one that could even include a Native American for the first time in history. The possibilities range from a Secretary of the Interior to the United Nations Ambassador. 
There is one more message from this election: The United States remains a divided country. More than 70 million people voted for Trump .. and 75 million voted for Biden. The challenge going forward is for the next president, and Congress, to govern with that fact in mind.
I am Mark Trahant.

State of Indian Nations

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What are the state of 573 tribal nations? Jefferson Keel, president of the National Congress of American Indians, gives his answer at the Newseum in Washington, DC.

This is Trahant Reports.

The State of the Union is a tradition in Washington. Its roots are in the Constitution as a presidential report to Congress. Members of Congress, the executive branch, and the Supreme Court listen to the words of every president since FDR in an annual report. (Before that there was a presidential message to Congress but some presidents sent it in writing while others went to the Congress.)

These days Indian Country is rarely mentioned in a formal State of the Union. But in July 1970  President Richard Nixon’s sent a special message to Congress on Indian affairs, announcing his policy on self-determination without termination.

But that was rare exception. And not the official State of the Union. So 15 years ago the National Congress of American Indians decided to deliver an annual message about tribal priorities for the Congress and the administration.

On Feb. 12, President Keel called this “an important moment. Our governments and our communities stand on high alert.” He said the echoes of America’s colonial past have continued to reverberate with disparaging rhetoric, failed policies, and, a disregard for the inherent sovereignty of tribal nations.

The recent tax legislation, for example, did not include Indian Country. Keel said tribal leaders met with members of Congress often. He said tribes offered thoughtful, pragmatic, deficit-neutral policy proposals. “But the bill came together in a flurry. And when the dust settled, Indian Country’s top priorities were absent from the version the President signed in December,” Keel said. “That is completely unacceptable.”

There are two pending pieces of legislation that still wait for a tribal voice — the most recent farm bill and a plan for national infrastructure spending. Keel said: “From wild rice and bison to salmon and blueberries, traditional Native foods are not only our way of life but are an economic driver too. Indian agriculture is a 3.2 billion-dollar industry, supporting nearly 72,000 jobs in Indian Country.” So, he added, no farm bill should pass  unless it also listens to and strengthen Indian Country’s agricultural potential.

Keel had a similar message on infrastructure, saying tribal infrastructure is American infrastructure.

The country, and Indian country, are better off when there is a recognition of the historic tribal-federal relationship, and when there is a true partnership of consultation between tribes and the federal government.

The State of Indian Nations is more than a tribal wish list. It’s an opportunity for a discourse about where Indian Country stands in the American government. And what the prospects are for improvement. The annual event draws members of Congress, the administration, and the public through a live broadcast. It’s become an important voice reminding the country what could be.

President Keel’s conclusion: “As it has been for thousands of years, the state of Indian nations is strong…. and everlasting.”

I am Mark Trahant.

Minnesota Caucus

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State Rep. Peggy Flanagan speaking at a campaign event. She tweets: “My fav photo from our kickoff. I’m running for my little girl and all girls who deserve to be seen, heard, and valued.”(Photo via Twitter.)

The November election seems far off. It’s almost a year away, right? Sorry. Elections are a series of steps that lead to that moment when ballots are actually counted.

This is Trahant Reports.

Voters in Minnesota this week will caucus at the precinct level. It’s a meeting that is run by the political parties.  There are two important things that happen at these precinct-level meetings. First there will be a “preference” vote for governor. The winner of that poll could use it to help raise money and suggest a larger base of support. The second thing is the election of delegates to the state convention. This is a big deal. Because in Minnesota state party delegates will later endorse a candidate.

A precinct caucus can be won by a small group. Basically if someone decides to take a bunch of friends to a meeting — that could change everything. That’s especially true in this year’s election because both parties have so many candidates running.

There are nine Republicans running in their party caucus. Last week former Gov. Tim Pawlenty signaled that he might try one more time.

Minnesota’s Democratic Farmer Labor Party has six plus candidates, a mayor, three legislators, a state auditor, and a member of Congress.

Rep. Tim Walz is campaigning with his pick for Lt. Gov, State Rep. Peggy Flanagan. Flanagan is a member of the White Earth band of Ojibwe. She would be the first Native American woman to hold this office.

It is unusual for a team to be put together so early in the process, but it’s also an opportunity for voters to see what an administration would look like. And for the team to balance each other in terms of interest and perception.

That’s already been an issue.

Rebecca Otto, the state auditor and a DFL candidate for governor, is running to be the most progressive candidate. In a fundraising letter she said she has “strong disagreements” with Walz because he voted for Keystone XL three times in Congress, supports the Enbridge Pipeline and “he says he does not oppose the DAPL pipeline.” As is often the case, the story is more complicated than that.

It’s true that Walz voted for Keystone, but he also has said that if any pipeline negatively impacts Native people, violates treaty rights, or disturbs burial grounds, it should not be built.

That’s where Peggy Flanagan comes in. Should Walz be elected, Flanagan would be there to make the case. She would be inside the room. She might win the day. She might not. But she’ll be there for four years pushing and reminding Walz about the importance of Native issues. Including pipelines.

Tuesday’s precinct caucus will be a test not only of Flanagan but that of voters from Native communities in Minnesota.  It’s the perfect forum for Indian Country because even a small group of people can carry the day.

I am Mark Trahant.

A seat at the table? Claudia Kauffman launches bid for Seattle Port Commission

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Sen. Claudia Kauffman speaking in Seattle. She is a candidate for Seattle’s Port Commission. (Photo via Facebook.)

There is a lot of attention paid to Native American candidates running for Congress or many other visible political offices. But There are also elected offices that we don’t think about, yet are critical, and by definition, a that seat at the table. Claudia Kauffman is running for such a job, Commissioner for the Port of Seattle. This is a $650 million a year, public business that manages Seattle’s seaport, airport, and a portfolio of real estate.

It’s such a simple thing: Every citizen should have a voice at the table when decisions are made. It’s a powerful notion because no democracy can sustain itself unless all of its people, all of those who have a stake in the outcome, are included.

But that idea remains illusive. And never more important.

This is Trahant Reports

So what does a seat at the table look like? It means more Native Americans elected as governors, members of Congress, U.S. Senators, mayors, county executives, judges, members of state legislatures, and, yes, why not, even the presidency. Indian Country deserves more of a voice, both in terms of fairness and electing representatives based on our share of the population. Wait. That’s fairness, too.

There are elected offices that we don’t think about, yet are critical, and by definition, are that seat at the table.

Claudia Kauffman is running for such a job, Commissioner for the Port of Seattle. This is a $650 million a year, public business that manages Seattle’s seaport, airport, and a portfolio of real estate.

Tribes and native people are impacted by port decisions ranging from cleaning up rivers and salmon habitat to regulating oil drilling rigs that berth in Seattle on their way to Arctic waters.

Kauffman is Nez Perce. She is the first Native American woman who was elected to the Washington state Senate a decade ago. She also works for the Muckleshoot Tribe as the Intergovernmental Affairs Director. One of her tasks is distributing $1.3 million a year to more than 200 local schools, churches and not-for-profit organizations. She’s also been a trustee at The Evergreen State College.

Kauffman grew up in Seattle’s Beacon Hill as the youngest of seven children. “I come from a family with a long history of giving back to the community,” Kauffman says on her web site.

A couple of years ago Kauffman told the port commission that it could use her perspective as a working mother, a small business owner, and a community leader.
In her campaign brochure, Kauffman said she will build on her tribal contacts and strengthen ties with the 29 tribes in Washington state. Tribes “are large employers,” she said. “In 2010, they paid $1.3 billion in wages and purchased $2.4 billion in goods and services.”
This will be a challenging race. But Kauffman is no stranger to that world. She raised nearly $300,000 in her bid for the Senate. She was one of those candidates who knocked on every door at every opportunity. She also has a political organization — a network of people willing to work extraordinarily hard so that she can win her election.
This is what a seat at the table looks like. I am Mark Trahant.

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