103.) Recent July 2024 NYS Suprrme court decision against the BIA-Cayuga tribal court regarding the "doctrine of comity" showed that this tribal court is nothing more than a "puppet court" for New York State and the Federal government. And raises many questions, such as: is the tribal court "the poison fruit of the poison tree". (20 min. read )

These NYS Supreme Court justices gave quite an eye opener to the true inner workings of the BIA-cayuga tribal court. The lawsuit played the part of "toto" from the movie "The Wizard of Oz". The part where Toto pulled back the curtain to expose the Wizard of Oz. The BIA-cayuga tribal court being the projected illusion of a large, misty head of The Wizard of Oz, with flames shooting up. So scary. And The Wizard hiding behind the curtain is New York State. That's when the NYS wizard shouts into the microphone, thru the large misty head- "pay no attention to that man behind the curtain". And then the NYS wizard shouts out again, through the large misty head of the cayuga of tribal court- "I am the Great and Powerful Oz!". More flames. All designed to control the Cayuga people.

This particular application of the "doctrine of comity" may be specific to this lawsuit, but it is still a revealing look at how New York State views and controls the tribal courts.

This brief look behind the "curtain", showed that the BIA-cayuga tribal court cannot do anything, unless New York State agrees to what they're doing. In other words, the BIA-cayuga tribal court is nothing more than a "puppet court" for New York State. And the tribal court then must do what NYS wants to happen to the Cayuga people, which is forced assimilation and genocide. And this "puppet tribal court" is given unlimited  power and money by the United States federal government, through the Bureau of Indian Affairs.

It must follow that the BIA-cayuga nation government is not a sovereign government, but a "puppet government". Both must act within the guidelines of the centuries of racist federal and state laws, legislation and Acts, starting with the Doctrine of Discovery. And all of this has been illegally put upon all Indigenous People because of their national origins or racial, religious, ethnic, or cultural differences. This is a clear violation of the United Nations Declaration on the Rights of Indigenous People (UNDRIP).

Here is the quote from UNDRIP declaring this:

"Whereas all doctrines, policies and practices based on or advocatig the superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences, including the doctrines of discovery and terra nullius, are racist, scientifically false, legally invalid, morally condemnable and socially unjust;"

This UNDRIP definition applies here because the centuries of racist doctrine, laws, legislation, court decisions and Acts were clearly and consciously designed to forcefully assimilate indigenous people at a broad level. Including the Doctrine of Discovery, which is the origin or grandfather of all of these instruments of forced assimilation and genocide. This clearly falls within UNDRIP's definition.

** all courts are aware that it is illegal to use "The poison fruit from the poison tree". This legal caveat means that an actor cannot benefit from a past bad deed.**

The Doctrine of Discovery is the "poison tree". So these centuries of racist laws, legislation, court decision and Acts are the "poison fruit of the poison tree". This "poison fruit" cannot be legally used against the indigenous people. It would mean the illegal harveting of benefits from a past bad deed. UNDRIP calls this "racist, scientifically false, legally invalid, morally condemnable and socially unjust".

When this NYS Supreme court decision cited "comity" in its planery decision (more than enough power to do this) against the BIA-cayuga tribal court, it also gave the definition of comity. This is NYS stating it has more than enough power to do this. This clearly showed that the decisions that the BIA-cayuga tribal court makes, is at the complete discretion of NYS. If NYS tells the tribal court it cannot do something, then the tribal court cannot do it. And the cayuga tribal court had no choice but to "legally" accept this. This is why the tribal court will not appeal this decision to the Federal level- the Supreme Court of the United States. So as not draw any more attention to this court decision and what it means. They know this through NYS and the US government.

This could very well be a tell of how incompetent the BIA-cayuga tribal court is. If the tribal court did not bring about this illegal action to begin with, none of what was revealed in this lawsuit decision would have come to light. It is unknown if this has happened before. That's why this could very well be a legal precedent. Before this decision was rendered, this situation may have been just legal theory. Now it is law, for all future court cases. In legal terms it's called an "annotation". Apparently, the BIA-cayuga tribal court does not know what it can and cannot do. This is incompetence on a grand scale. Or was it just sloppy genocide, in 2024.

The Second Listening Conference in 2018 was supposed to take care of all this, so the secret inner workings of NYS and the tribal court, would never happen. Read Article 53.

But notice that New York State will not act upon any other illegal decisions, acts or other violations that the BIA-cayuga tribal court may have commited or is committing, unless a lawsuit is initiated. NYS knows full well how many decisions that this tribal court has made or is making that are illegal. This particular illegal tribal court decision would have went unnoticed, if a lawsuit was not filed. Of course all lawsuits cost money, lots money. And NYS knows that this is a barrier to the Cauyga people. 

This is another important reason for the Cayuga people to write down their truths of first hand accounts of what the BIA-cayuga tribal court and government is doing to them. There are other avenues of redress at the international level, if Cayuga people will start documenting the "serious bodily harm and/or serious mental harm" that is happening to them. This puppet tribal court causes serious mental harm to the Cayuga people and their children.

Genocide definition: Article II (b): causing serious bodily harm or serious mental harm to members of the group. 

The NYS Supreme court decision that happened with this particular lawsuit may be a legal precedent. Another reason why written accounts of what is happening, is so important.

The Doctrine of Discovery started the avalanche of centuries of old and new racist, Federal and New York State laws, legislation, court decisions and Acts. This is what the U.S. calls "tribal sovereignty". 

If these "BIA tribal Indian nations" were truly sovereign, they would not need these Federal and New York State racist and centuries old laws, legislation, Acts and court decisions to tell them what they can and cannot do.

To the U.S. Government, the term "tribal" means you are not sovereign.

This is not sovereignty. This is the "tribal sovereignty" cited in federal court case decisions that are used against the Cayuga people for the purposes of forced assimilation and genocide. This is how it's done.

This court decision officially settled the matter of: is the BIA-cayuga tribal court nothing more than a puppet court. New York State and the Federal government use this BIA-cayuga puppet tribal court to cause "serious bodily harm or serious mental harm" to the Cayuga people and their children. Again, this is a violation of the United Nations definition of Genocide, Article II (b). See blog article 33.

Now let's go through the courts legal definition of "comity", which was given as the rock solid support for this NYS Supreme Court decision. The numerous court decisions or annotations, that this judicial definition is based on, have been left out of this explanation of "comity", to simplify. Reader is urged to study the actual and complete court decision. Not opinions of the decision, but the actual court decision. 

Internet search: Cayuga Nation V Parker. Decided July 3rd 2024. Supreme Court of the State of New York Appellate Division, Fourth Judicial Department. 270 CA 23-00163.

CPLR means NYS Civil Practice Law and Rules. This is the mandatory practice of laws and rules which all civil court cases involving U.S. citizens, living in New York State must obey. These are the ultimate decisions that all U.S. citizens living in New York State must legally accept.

Haudenosaunee-Cayuga citizens are not United States citizens.

Here are some quoted excerpts from that appeals court ruling to explain "comity". The New York State Supreme Court Justices explanation is crystal clear. This blog writer follows up with further explanations after each quote:

* "A tribal court judgment is a foreign judgment. Judgments of foreign countries are recognized in New York under the doctrine of comity in accordance with the principles and procedures set forth in article 53 of the CPLR. Comity is not a rule of law, but a voluntary decision by one state to defer to the policy of another, especially in the face of strong assertion of interest by the other jurisdiction"

writers explanation: The Justices couldn't have said it any clearer. All Cayuga nation tribal court decisions depend on the 100% discretion of New York State. Comity is not a law, it is a doctrine of NYS discretion.

* "It is well settled that laws of foreign governments have extraterritorial jurisdiction only by comity...the principal which determines whether we shall give effect to foreign legislation is that of public policy and, where there is a conflict between our public policy and the application of comity, our own sense of justice and equity as embodied in our own public policy must prevail"

writers explanation: Here again, NYS will decide if BIA-cayuga law can be legally applied in New York State. There is no true sovereignty here for a "tribal" nation. 

Only Indian nations who have not signed on with the BIA, are considered sovereign nations by the U.S. government and NYS.

If NYS disagrees with BIA-cayuga law, they will simply use their own NYS sense of justice and equity of their own NYS public policy to decide what is best for the Cayuga people. Again, 100% discretion by New York State's own sense of "justice", which is to inflict serious bodily harm or serious mental harm upon the Cayuga people. New York State's use of the doctrine of comity as applied to the Cayuga People, is "embodied in NYS public policy that must prevail". NYS "public policy" is that of genocide, not justice. It successfully accomplishes this genocide through the puppet tribal court.

* " 'Comity' in a legal sense, is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and goodwill, upon the other"

writers explanation: Here again, the NYS Supreme court justices are making it crystal clear that comity is not an obligation, goodwill or a courtesy. It is 100% at their discretion as to what NYS will accept from any tribal court. This is not sovereignty.

This 'doctrine of comity' which applies to the acts and decisions of all Indian tribal courts, gives the NYS courts absolute discretion to decide if that tribal court decision agrees with the practice, laws and public policy of NYS and then decide if NYS will allow the tribal court to do it. And all New York State's "public policies" are designed to be detrimental to the Cayuga People and their children.

* "Under CPLR article 53, a judgment issued by a foreign country is recognized and enforceable in New York state if it is 'final, conclusive and enforceable wear rendered' "

writers explanation: 'enforceable wear rendered' means a tribal court judgment has to fit within the parameters of all New York State Practice, Laws and Rules- the CPLR. This is exactly how a "puppet tribal court" would be described. The NYS Supreme court justices have legally declared this, over and over again.

(end of quotes from appeals court decision followed by blog writer's explanation of quotes)

Everything the tribal court does, must go according to New York State Civil Practice Laws and Rules (CPLR). Essentially, it is NYS's sense of what is right and wrong for the Cayuga people. Not the Cayuga peoples sense of what is right and wrong for themselves. This is how forced assimilation and genocide is secretly put upon the Cayuga People. The NYS Supreme Court enforces this.

The BIA-cayuga puppet tribal court can only apply these racist laws, legislation, court decisions and Acts against the indigenous people of New York State, because NYS wants it to. NYS is the driving force behind the genocide that the Cayuga people are now experiencing. New York state is The Wizard of Oz, hiding behind the curtain. Controlling the BIA-cayuga tribal Court.

This is not sovereignty. 

It is self-extermination.

These type of "tribal governments" can be called authoritarian, totalitarian and/or a dictatorship. You would see these types of governments in the so-called "banana republics" of South America. 

"Banana republics" are considered puppet governments controlled by the United States to keep the indigenous people in South America in a constant state of genocide. These banana republics are generally controlled by a dictator or the military. And usually, come into power after a military "coup d'etat" or "coup". Similar to how the BIA backed Cayuga Representative hired a white, professional law enforcement company as his "military" to overthrow the Cayuga Nation.

Instead of a dictator, some banana republics have what are called "juntas". Which are generally a few, odd numbered, military or political persons to control the government. Again, this can happens after a revolutionary seizure of power, or "coup". There is usually an odd number of these persons in the junta (sometimes as few as seven), so it alone can rule the entire nation by a majority of a few votes. Clearly not a democracy. This is exactly the same way many Indian Act-elected band counsels of Canada and BIA-indian governments of the U.S. are designed, to forcefully assimilate the indigenous people.

Interestingly, with the U.S. presidential election approaching, both the Republican and Democratic parties are accusing each other of trying to turn the United States into a "banana republic".

Both U.S. political parties are now in the media claiming the other party is trying to politicize and turn the U.S. government and courts into a political weapon to go after their opponents, or anyone else who disagrees with them. They're even talking about hesitating to use their own  constitutional right of freedom of speech, out of fear of being arrested on a made-up charge, being found guilty and sent to prison.

Wait a minute... doesn't this sound exactly like what's happening right now to the Cayuga People by the BIA-cayuga tribal courts, the BIA-cayuga tribal government and the BIA Representative?

If a Haudenosaunee-Cayuga citizen disagrees with the BIA-Cayuga nation government, they can be declared: 

* a member not in good standing

* a candidate for permanent banishment

* loss of all Nation benefits

*subjected to double jeopardy

* sent to prison for up to 9 years, or fear of such treatment. This is all designed to cause serious bodily harm or serious mental harm to the Cayuga People. This is a short list of intimidation tactics that the BIA cayuga court uses against the Cayuga People. See articles 53, 54, 55 and 56.

Remember, the Cayuga Nation's rightful government is the Haudenosaunee Confederacy. As is all of the 6 Nations of the Haudenosaunee Confederacy across New York State, the U.S. and Canada. The Haudenosaunee Confederacy is a North American democracy. It does not fall under the "Doctrine of Comity".

In summary, some points to consider and discuss in your circle:

* Is the BIA Cayuga tribal court a puppet court of New York State and the Federal government. With an indigenous Secretary of the Interior/BIA at the helm. Designed to carry out the forced assimilation and genocide that NYS and the federal government can no longer do outright, in front of the World, with the United Nations watching.

* All courts are aware that it is illegal to use "the poison fruit from the poison tree". It means an actor cannot benefit from a past bad deed. Is the Doctrine of Discovery "the poison tree" from which all of the centuries of racist legislation, laws, court decisions and Acts came from. Is it the "the poison fruit from the poison tree".

* If the Bureau of Indian Affairs is "the poison tree", is the BIA tribal government, the BIA tribal court and the BIA Representative "the poison fruit from the poison tree".

* Can the BIA cayuga tribal court be considered sovereign, if it is ruled by NYS Doctrine of Comity, which means its decisions are at 100% discretion of New York State. Can this be considered sovereignty.

* Was the BIA cayuga tribal court put in place by a military coup by a white professional security company, paid for by the Bureau of Indian Affairs. It appears that the BIA learned from the debacle of the Wounded Knee standoff in the 1970s. Do not hire Indians to do this, as that turned out to be "too messy". Instead, hire a white, professional security company from the outside, to perform the military coup. It is 2024 after all. The world is watching.

* Is the BIA Cayuga tribal court and government at the same judicial level as the "banana republics" of South America.

* Does the BIA-cayuga tribal court cause genocide, by subjecting the Cayuga People to "serious bodily harm or serious mental harm". And is this a "poison fruit of the poison tree" type of genocide, authorized by New York State and the U.S. government.

* here are excerpts of the United Nations definition of Genocide:

"Article II- In present convention, genocide means any of the following acts committed with intent to destroy in whole or in part, a national, ethical, racial or religious group as such:

(b) causing serious bodily harm or serious mental harm to members of the group

(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part

Article III- the following acts shall be punishable: 

(a) genocide 

(b) conspiracy to commit genocide 

(c) direct and public excitement to commit genocide 

(d) attempt to commit genocide 

(e) complicity in genocide."

Does any of the above definitions and punishment of genocide, apply to the summary of this article, concerning the BIA-cayuga tribal court and New York State. (See Article 33. For complete United Nations definition of Genocide)

* And as a final note, all the lawyers who are helping the indigenous people with these court cases, knew full well about what comity is and what the NYS justices were talking about prior to this decision. Have they ever told any of the Cayuga people about the connections between comity and the BIA-cayuga nation tribal court, before this decision? 

Read article 98. Definition of International Lawyer.

Read articles 96. and 97. How Justice is waiting for the indigenous people at the international level. And how all domestic lawyers work at some level, for the United States and Canada to assimilate the indigenous people.

Read Article 57. "The truth about lawyers, judges and the courts..." They all work to protect the United States of America. They are sworn to do this.

Finally, let us remember the words of Lord Acton, British politicians from 1887, describing the men of his patriarchal society.:

"All power tends to corrupt and absolute power corrupts absolutely. Great men are almost always bad men."

The Haudenosaunee Confederacy is a matriarchal society, based on Peace Righteousness.

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