Special prosecutor, Council's lawyer trade charges
By Marley Shebala
Navajo Times
WINDOW ROCK, Oct. 7, 2010
Balaran stated in a Sept. 21 letter to Seanez, "It has come to my attention that the speaker, Navajo Nation Council, and or/their representatives have informed the legislative staff that anyone caught speaking to the special prosecutor will be terminated.
"At least one person has come forward and has related being terminated for doing so," Balaran stated. "As I have not personally heard this threat being uttered, I cannot vouch for its veracity. I would assume you would not allow your clients to act in such a manner especially given the civil and criminal repercussions for retaliating against a witness. Naturally, I am hopeful these threats are untrue."
Seanez shot back his response the same day.
"Your suggestions to the contrary are offensive and indicative of your continued pattern of conduct in attempting to threaten and intimidate myself and other legislative branch officials," Seanez stated. "This conduct is not appropriate and serves only to impair you in the performance of your duties as special prosecutor.
"I further take issue with the claims that you are proceeding despite my 'last minute attempts to nullify the (special prosecutor) statute,'" he added.
Seanez was alluding to amendments to the Special Prosecutor Act that he crafted for Delegate Orlanda Hodge (Cornfields/Greasewood Springs/Klagetoh/Wide Ruins), which expanded the power of the chief legislative counsel to be on an equal footing with the attorney general in calling for a special prosecutor to investigate and prosecute high ranking elected officials and administrators.
The council approved the amendments and President Joe Shirley Jr. vetoed them May 14. The council then overrode the veto.
In his veto message, Shirley said the amendments diminished "the independence of the attorney general and the courts, violates the separation of powers doctrine, creates obvious conflicts of interests, is designed to shield and insulate members of the Navajo Nation Council from investigation of alleged misconduct and unavoidably appears to be retaliatory in nature."
Shirley pointed out that a section of the amendment gave the chief legislative counsel or the Council the power to remove a special prosecutor and to stop an investigation for any reason they choose.
At the time, Hodge said that the amendment was to put the chief legislative counsel on equal footing with the attorney because Denetsosie had "eagerly and without apparent preliminary investigation" asked for a special prosecutor to investigate delegates' use of discretionary funds and had delayed action on the Council's call to him to seek a special prosecutor to investigate business dealings of the Shirley administration that had cost the tribe millions.
Hodge said the addition of the chief legislative counsel would prevent the attorney general from "improperly" protecting executive branch officials and employees from investigation and prosecution and also allow the chief legislative counsel and attorney general to address improprieties by legislative branch officials and employees.
Balaran noted to Seanez that he talked with Chief Prosecutor Bernadine Martin about any individual taking "adverse action against a Navajo employee who has been mistreated because they exercised their legal right and obligation to speak to the special prosecutor."
"The chief prosecutor who has joined me in my investigation has indicated that she takes a dim view of any person interfering with my work and will fully support my efforts to criminally prosecute any Navajo official, employee or counsel who retaliates against, intimidates, threatens or otherwise takes an adverse employment action against an employee who confers or shares information with my office," he explained.
A legislative branch employee, who asked to be anonymous because she fears for her job, said Wednesday that Balaran recently sent letters to several legislative workers asking them to come to his office in the Department of Justice to talk with him about discretionary funds.
The employee added that she had not heard of anyone being threatened or losing his or her job for talking with Balaran or his assistant Neil Smith.
Contacted by the Navajo Times, Balaran declined to comment.
In reaction to Balaran's letter to Seanez, Delegate Young Jeff Tom (Mariano Lake/Smith Lake) sent a memorandum Sept. 28 to Morgan, stating that Balaran's statements about Morgan, Seanez and the council "are inappropriate attempts to intimidate and threaten legislative branch officials.
"These statements by the special prosecutor are especially concerning due to the increase in rumors being spread about 70 to 100 arrest warrants being issued last week, which were claimed to include many Navajo Nation Council delegates," Tom said.
He said they were aimed at threatening, intimidating and scaring the delegates into not taking action on necessary legislation and "to harm or injure the political standing and reputation" of delegates, especially when their terms are ending and the general election is a month away.
"We haven't heard anything about OnSat, or BCDS, or the investigation of the president's discretionary fund payments," Tom stated, referring to the business deals Balaran was retained to investigate.
The special prosecutor's investigation initially began with a probe into OnSat and BCDS and was expanded to include the tribal ranches program and the discretionary funds of the speaker, council and president.
Young stated that he was distributing his letter about Balaran to the Council, Attorney General Louis Denetsosie, Chief Justice Herb Yazzie and Seanez because "(w)e cannot allow the Navajo Nation government to be highjacked and the 21st Navajo Nation Council has to fully take their responsibility as the governing body of the Navajo Nation through the remainder of its term."
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