South Dakota Gov. Demands Tribes Remove Coronavirus Checkpoints
- Two tribes in South Dakota have set up checkpoints to monitor and regulate who comes and goes from their reservation during the coronavirus pandemic.
- Both tribes have very limited medical resources of their own and believe this is the best way to protect themselves. One tribe leader said the closest medical facility to their reservation is three hours away.
- Governor Kristi Noem believes that these checkpoints violate the law as some go into U.S. and state highways, and a recent moratorium suggests that tribes should work with the government before shutting down travel there. She has demanded that the checkpoints be removed, threatening legal action.
- The tribes and other state legislators believe that they are acting within their legal rights, as many laws state that highways running through tribal land are not in the state’s jurisdiction.
Governor Noem’s Demand
Leaders of two tribes in South Dakota are rejecting the Governor’s demand that they shut down coronavirus checkpoints on the borders of their reservations.
The Cheyenne River Sioux Tribe and Oglala Sioux Tribe both independently established these checkpoints in early April to monitor and regulate who was coming to and leaving their reservations. On Friday, Governor Kristi Noem ordered that they take them down.
“If the checkpoints are not removed within the next 48 hours, the State will take necessary legal action,” Noem said in a statement.
In letters to both tribes, she claimed that these leaders were acting outside of their legal authority by exerting control over state and U.S. highways, where some of these checkpoints are located. Noem said that an April moratorium stated that tribes must consult with the state of South Dakota and enter into an agreement before or restricting travel on State or U.S. Highways. She claims no discussion of this nature happened.
Tribal Leaders Respond
The tribes believe that they are acting within their legal boundaries to protect themselves. Both tribes have enacted stay-at-home measures, something that Noem has not done for the state. They believe that those measures, along with the checkpoints, are the most effective way to protect their reservations from an outbreak, which they do not have the means to respond to.
“The nearest health care, critical care is three hours away from where we live,” Cheyenne River Sioux Tribe Chairman Harold Frazier told CNN. Frazier also says that while the reservation is home to 12,000 people, they only have an eight-bed facility. They also do not have ICUs.
Speaking in a Facebook Live on Saturday, President Julian Bear Runner of the Oglala Sioux Tribe said his reservation also lacked the resources to respond to this pandemic. His reservation services almost 47,000 people, but was only allocated four ventilators by the government.
Bear Runner claims that his tribe had to take action because both the state and federal government had an inadequate response to the outbreak.
“We have adopted our border arrival and monitoring plan to save the lives of our people, including our elderly tribal members, without whom we cannot pass on our language, culture and traditions,” he said during the Facebook Live. Bear Runner also added that he believes his tribe is not violating the law, as they have not closed off any highways and do not intend to do so.
Frazier has also condemned the government’s response to the outbreak. He put out a statement on Friday rejecting Noem’s request.
“I absolutely agree that we need to work together during this time of crisis, however you continue to interfere in our efforts to do what science and facts dictate seriously undermine our ability to protect everyone on the reservation,” he wrote.
What are the Checkpoints?
According to guidelines set by the Cheyenne River Sioux Tribe, both residents and non-residents must complete a health questionnaire upon leaving and entering the reservation. Residents can only go to non-hot spots within the state for essential reasons. If a resident plans on traveling to a hot spot or outside of the state, they can only do so for essential work, a medical appointment, or obtaining or delivering essential supplies that are not available within the reservation. They must also quarantine for 14 days when they return unless they obtain a travel permit.
Non-residents are only allowed on the reservation for essential reasons and can only come from non-hot spots in the state. If they come from elsewhere, they must have a travel permit and can also only do so for essential work, a medical appointment, or obtaining or delivering essential supplies that are not available within the reservation. Travel permits can be obtained via application from the tribe.
Letter From Legislators
The tribes have support from 17 state legislators in South Dakota who wrote a letter to Noem on Saturday asking that she work with the tribes on this issue. They believe the state does not have the authority to shut the checkpoints down.
They wrote that several laws and court rulings have established that “the State of South Dakota has no jurisdiction over the highways running through Indian lands in the state without tribal consent.”
The legislators also fear that if the governor escalates the matter to a lawsuit, this “will ultimately cost the people of South Dakota more money.”
The representatives and senators who signed the letter represent districts with tribal lands. They feel that Noem should have consulted them before writing to the Cheyenne River Sioux Tribe and Oglala Sioux Tribe so they could guide her response.
“[Noem] elected, however, not to contact us and sent an ultimatum to both tribes,” they wrote in the letter. “We think a better approach is communication rather than confrontation, cooperation rather than constitutional crisis and discussion rather than demands.”
They closed the letter by encouraging Noem to find common ground with the leaders of the tribes so they can negotiate a resolution that keeps all people “healthy and safe.”
Noem’s office, however, put out an update Sunday maintaining that the checkpoints are not legal and that the matter would be taken to federal court if they are not removed. The matter remains unresolved, as neither tribe has budged.
See what others are saying: (CNN) (KNBN News Center) (Time)
Survey and Census Data Shows Record Number of Americans are Struggling Financially
Americans are choosing not to pursue medical treatment more and more frequently as they encounter money troubles.
A recent federal survey shows that a record number of Americans were worse off financially in 2022 than a year prior.
Coupled with recent census data showing pervasive poverty across much of the country, Americans are forced to make difficult decisions, like foregoing expensive healthcare.
According to a recent Federal Reserve Bureau survey, 35% of adults say they were worse off in 2022 than 2021, which is the highest share ever recorded since the question was raised in 2014.
Additionally, half of adults reported their budget was majorly affected by rising prices across the country, and that number is even higher among minority communities and parents living with their children.
According to recent census data, more than 10% of the counties in the U.S. are experiencing persistent poverty, meaning the area has had a poverty rate of 20% or higher between 1989 and 2019.
16 states report at least 10% of their population living in persistent poverty. But most of the suffering counties were found in the South — which accounts for over half the people living in persistent poverty, despite making up less than 40% of the population.
These financial realities have placed many Americans in the unfortunate situation of choosing between medical treatment and survival. The Federal Reserve study found that the share of Americans who skipped medical treatment because of the cost has drastically increased since 2020.
The reflection of this can be found in the overall health of households in different income brackets. 75% of households with an income of $25,000 or less report being in good health – compared to the 91% of households with $100,000 or more income.
See what others are saying: (Axios) (The Hill) (Federal Reserve)
Montana Governor Signs TikTok Ban
The ban will likely face legal challenges before it is officially enacted next year.
First Statewide Ban of TikTok
Montana became the first state to ban TikTok on Wednesday after Gov. Greg Gianforte (R) signed legislation aimed at protecting “Montanans’ personal and private data from the Chinese Communist Party.”
The ban will go into effect on Jan. 1, 2024, though the law will likely face a handful of legal challenges before that date.
Under the law, citizens of the state will not be held liable for using the app, but companies that offer the app on their platforms, like Apple and Google, will face a $10,000 fine per day of violations. TikTok would also be subject to the hefty daily fine.
Questions remain about how tech companies will practically enforce this law. During a hearing earlier this year, a representative from TechNet said that these platforms don’t have the ability to “geofence” apps by state.
Roger Entner, an analyst at Recon Analytics, told the Associated Press that app stores could have the capability to enforce the restriction, but it would be difficult to carry out and there would be a variety of loopholes by tools like VPNs.
Montana’s law comes as U.S. politicians have taken aim at TikTok over its alleged ties to the CCP. Earlier this year, the White House directed federal agencies to remove TikTok from government devices. Conservatives, in particular, have been increasingly working to restrict the app.
“The Chinese Communist Party using TikTok to spy on Americans, violate their privacy, and collect their personal, private, and sensitive information is well-documented,” Gov. Gianforte said in a Wednesday statement.
Criticism of Montana Law
TikTok, however, has repeatedly denied that it gives user data to the government. The company released a statement claiming Montana’s law “infringes on the First Amendment rights of the people” in the state.
“We want to reassure Montanans that they can continue using TikTok to express themselves, earn a living, and find community as we continue working to defend the rights of our users inside and outside of Montana,” the company said.
The American Civil Liberties Union condemned Montana’s law for similar reasons.
“This law tramples on our free speech rights under the guise of national security and lays the groundwork for excessive government control over the internet,” the ACLU tweeted. “Elected officials do not have the right to selectively censor entire social media apps based on their country of origin.”
Per the AP, there are 200,000 TikTok users in Montana, and another 6,000 businesses use the platform as well. Lawsuits are expected to be filed against the law in the near future.
See what others are saying: (Associated Press) (Fast Company) (CBS News)
How a Disney-Loving Former Youth Pastor Landed on The FBI’s “Most Wanted” List
“Do what is best, not for yourself, for once. Think about everyone else,” Chris Burns’ 19-year-old son pleaded to his father via The Daily Beast.
Multi-Million Dollar Scheme
Former youth pastor turned financial advisor Chris Burns remains at large since going on the run in September of 2020 to avoid a Securities Exchange Commission investigation into his businesses.
Despite his fugitive status, the Justice Department recently indicted Burns with several more charges on top of the $12 million default judgment he received from the SEC.
Burns allegedly sold false promissory notes to investors across Georgia, North Carolina, and Florida. The SEC claims he told the investors they were participating in a “peer to peer” lending program where businesses that needed capital would borrow money and then repay it with interest as high as 20%. Burns allegedly also reassured investors that the businesses had collateral so the investment was low-risk.
The SEC says that Burns instead took that money for personal use.
Burns began his adult life as a youth pastor back in 2007 before transitioning into financial planning a few years later. By 2017, he launched his own radio show, The Chris Burns Show, which was funded by one of his companies, Dynamic Money – where every week Burns would “unpack how this week’s headlines practically impact your life, wallet, and future,” according to the description. He also frequently appeared on television and online, talking about finances and politics.
The SEC alleges that he used his public appearances to elevate his status as a financial advisor and maximize his reach to investors.
His family told The Daily Beast that he became obsessed with success and he reportedly bought hand-made clothes, a million-dollar lakehouse, a boat, several cars, and took his family on several trips to Disney World. His eldest son and wife said that Burns was paying thousands of dollars a day for VIP tours and once paid for the neighbors to come along.
Then in September 2020, he reportedly told his wife that he was being investigated by the Securities Exchange Commission but he told her not to worry.
The day that he was supposed to turn over his business documents to the SEC, he disappeared, telling his wife he was just going to take a trip to North Carolina to tell his parents about the investigation. Then, the car was found abandoned in a parking lot with several cashier’s checks totaling $78,000
FBI’s Most Wanted
The default judgment in the SEC complaint orders Burns, if he’s ever found, to pay $12 million to his victims, as well as over $650,000 in a civil penalty. Additionally, a federal criminal complaint charged him with mail fraud. Burns is currently on the FBI’s Most Wanted list.
Last week, the Justice Department indicted him on several other charges including 10 counts of wire fraud and two counts of mail fraud.
“Burns is charged for allegedly stealing millions of dollars from clients in an illegal investment fraud scheme,” Keri Farley, Special Agent in Charge of FBI Atlanta, said in a statement to The Daily Beast. “Financial crimes of this nature can cause significant disruptions to the lives of those who are victimized, and the FBI is dedicated to holding these criminals accountable.”
His family maintains that they knew nothing of Burns’ schemes. His wife reportedly returned over $300,000 that he had given to her.
She and their eldest son, who is now 19, told The Daily Beast they just want Burns to turn himself in, take responsibility for his actions, and try to help the people he hurt.
“Do what is best, not for yourself, for once. Think about everyone else,” Burns’ son said in a message to his father via The Daily Beast.