listening to mr kelton’s storys about holding public officials to the law reminds me of my own.
my wife and i were not living together with the kids (they are navaho). she took them when she left. before we got to court for custody, she was arrested on a drug charge, and hte kids put in foster care. within 2 days i appeared (as did she) before the court in a attempt to get my kids back.
the court refused citing a drug law. i had to take a drug test (as did she). i passed, she failed.
2 days later (when the court had the results), the judge again refused to release the kids (i had a lawyer by then). i turned to my lawyer and whispered “this court is in violation of the treaty with the Navajo Nation, which requires that a Representative of the Navajo Nation be present at these proceedings. either i walk out with the children today, or im calling the Bureau of Indian Affairs” . my lawyer was like “you dont want to do that” to which i said “i will if it means my children are released from foster care, even to the tribe” . my lawyer got a frown and asked to approach the bench. after a minute of chat, the judge let out an exasperated sigh, then released the children to me.
the BIA doesn’t mess around. they will bring a federal court order, and US marshals to enforce it, arresting whoever is in the way of the federal court order for contempt, not caring who that is.