Muscogee Nation prosecutor Matthew Hall filed a four-count criminal complaint against Muscogee National Council Rep. Robyn Whitecloud on Jan. 16, alleging she “did remove correspondence” belonging to four other Muscogee representatives and “did thereby prevent said representative from performing their sworn duties by depriving them of their official correspondence.”
The complaint alleges Whitecloud, “with the aid of another” unnamed party, went to the National Council office Jan. 2 and removed “correspondence” belonging to Reps. Galen Cloud, Anna Marshall, Lucian Tiger and William Lowe. The complaint does not specify the nature of the correspondence, but it claims the “official correspondence” was necessary to perform “sworn duties.”
According to a probable cause affidavit prepared by Anthony Thompson, an investigator with the Muscogee Nation Lighthorse Police Department, Tiger filed an initial complaint regarding the unauthorized removal of official correspondence addressed to him and other members of the National Council.
“Representative-elect Tiger reported that his correspondence was removed from the designated outbox of Julie Sharp (Scott), who is responsible for the handling and distribution of National Council correspondence,” the affidavit states. “The removal was not authorized. Tiger identified Council Rep. Robyn Whitecloud as the individual who removed the correspondence, acting individually and/or in concert with another.”
Thompson’s report states the removal of the correspondence “delayed and interfered with the timely receipt of official communications, thereby preventing or attempting to prevent council representatives and representatives-elect from performing official acts.”
The probable cause affidavit alleged that Whitecloud had taken letters addressed to all 16 Muscogee National Council members, making it unclear why she only faced charges for taking the letters addressed to Cloud, Marshall, Tiger and Lowe.
According to the affidavit, Sharp told Thompson that, following the following inauguration ceremony the next day — Jan. 3 — Whitecloud returned 16 envelopes “consistent with the correspondence previously reported missing.”
“These envelopes were turned over to Speaker Randall Hicks, who then transferred them to the Muscogee (Creek) Nation Lighthorse Police,” the affidavit states.
While details about the letters are scarce, they were meant to be delivered before the Muscogee National Council inaugurated its new members and elected a new council speaker Jan. 3. The chain of custody described in the affidavit makes it appear as if Whitecloud’s alleged actions prevented letters from being reviewed by representatives before the nation’s speaker election Jan. 3.
Tiger and Hicks, the council’s incumbent speaker, both ran for the influential position and tied 8-8 in a pair of secret votes. A coin toss favored Hicks, giving him another term as speaker.
Whitecloud, who defeated Lowe in 2023 to win Okmulke District Seat A, is charged with four felony counts of preventing or attempting to prevent the performance of official acts under MCNA Title 14, Section 2-803. If convicted, she faces punishment of imprisonment for up to three years and/or a fine to not exceed $15,000.
Tahlequah-based attorney Ryan Cannonie filed to represent Whitecloud in the case and motioned for the court to accelerate her initial arraignment to 1:30 p.m., Monday, Jan. 26. The arraignment had been set for Feb. 16, but the court granted Cannonie’s motion.
Cannonie’s filings, and the Muscogee Nation judge’s subsequent order, contain a scrivner’s error misidentifying the charging entity as the Cherokee Nation.
The Muscogee Constitution does not allow persons convicted of felonies to serve on the National Council. Title 31, which outlines the procedure for impeachment and removal from office, specifies the number of votes needed to remove the principal and second chiefs, Supreme Court justices and “civil officers,” but it is silent on the required number of votes needed to impeach a representative of the council.
Charges come during period of intergovernmental tension
Tensions between the Muscogee Nation’s three branches of government have been high the past year amid implementation of last year’s Muscogee Nation Supreme Court ruling granting descendants of Muscogee Freedmen citizenship within the tribe. Since the court made and reaffirmed its ruling, no Freedmen have been enrolled since Principal Chief David Hill issued an executive order barring their enrollment until updates to the nation’s laws are complete.
Changing the laws requires the cooperation of the Muscogee National Council, which declined to participate in a required monthly status report filed last year updating the court on the implementation process. No status report for January was posted on the Muscogee Supreme Court’s website as of the publication of this article.
In addition to tension between the legislative and judicial branches, Hill has had his own disagreements with the National Council. Last year, the national council — including Whitecloud — rejected the nomination of Geri Wisner to serve as the nation’s attorney general. Hill subsequently vetoed legislation to limit his appointment power and has kept Wisner in office as the nation’s top prosecutor. Hill also recently vetoed a council bill that would have given representatives significant pay raises in future years.
