Muscogee Nation appoints special judge; Black freedmen descendants call it an act of racial discrimination

Damario Solomon-Simmons, lead attorney for the Creek freedmen descendants group, alleges racial discrimination on the part of the Muscogee Nation after tribal officials picked a new special judge to hear their case, which is scheduled for oral arguments on July 26. A previous Muscogee Nation judge ruled for citizenship of the Creek freedmen last fall.

In 1979, the Muscogee Nation used a version of the Dawes Roll to determine that Creek freedmen descendants were excluded from citizenship.

Black freedmen descendants Rhonda Grayson and Jeff Kennedy applied for citizenship last year and were denied. In a legal challenge in tribal court, they argued that the Muscogee Nation improperly denied their citizenship, and Muscogee Nation District Judge Danette Mouser ruled in their favor.

Mouser determined that the Muscogee Nation’s 1866 treaty with the United States, which granted the tribe’s freedmen — former slaves of Muscogee citizens — and their descendants citizenship rights, was still in effect and had not been nullified by the tribe’s 1979 constitution.

Special Judge James Jennings was appointed by tribal officials to hear the appeal. Solomon-Simmons said at a Tuesday press conference in Tulsa that this appointment is an act of racial discrimination because Jennings has in the past expressed support of legislation barring freedmen descendants from Muscogee citizenship.

“There is nothing in our constitution that allows them to do what they’re doing. They know this, and yet they still did it,” said Solomon-Simmons. “They literally did this under the cover of darkness one night. They did this in an emergency session. They do not allow any members of the Creek Nation or citizens to review this law.”

Jason Salsman, press secretary for the Muscogee Nation, told the Tulsa World: “The brazenness with which this group lies is appalling. First, individuals of African descent who are also Creek are more than welcome as citizens. The issue here is that the individuals seeking citizenship are not Creek at all, and our Constitution does not allow citizenship for anyone who is not Creek descendant by blood.”

Salsman said in a Tulsa World interview that if Grayson and Kennedy had Muscogee blood, they would have no issue in becoming citizens. Black freedmen descendants are granted citizenship if they have any Muscogee blood-quantum. Salsman said he believes it is Solomon-Simmons’ goal to gain citizenship for any Black freedmen who are descended from people who were owned as slaves by the Muscogee Nation, whether they have Native blood or not.

Solomon-Simmons showed a video at the press conference of Jennings responding to a comment about his opinion on Black freedmen. Jennings said he will continue to support citizenship for people who are Muscogee by blood.

Solomon-Simmons said this would violate a portion of the Treaty of 1866 that freed the slaves owned by the Muscogee Nation and “guaranteed that Black Creeks and Creeks of African descent would have full citizenship.”

His argument is that this portion of the treaty allows citizenship for descendants of Black freedmen regardless of blood-quantum.

Salsman told the Tulsa World that the Mouser video is “no bombshell.”

“It’s nothing more than a candidate committing to do what every other government official in America is obligated to do — uphold the Constitution they swore an oath to uphold. The notion that any official of government should pick and choose when to follow the law is dangerous and nonsensical. As a U.S. military veteran and longtime Muscogee Creek Nation Council representative, this is something Mr. Jennings would understand well.”

The Creek freedmen legal team alleges that it received whistleblower proof at the end of June that this appointment happened on June 5, and Solomon-Simmons said his team had not been notified of the change.

Solomon-Simmons said that in order for the special judge to be appointed, the Muscogee Nation Council had to introduce and pass a bill amending Title 27 of the tribe’s Code of Laws titled “Judicial Processes.” Solomon-Simmons said he could not find any other examples of special judges being appointed like this in Muscogee court history.

Salsman told the Tulsa World that the appointment of special judges follows the process used for every other judge.

“The attacks on the appointment of special justices are a distraction. Every issue that comes before the court deserves the consideration of a full panel of justices, and the appointment of special justices follows the same process of every other judge. Judges are nominated by the executive branch and confirmed by the legislative branch,” Salsman said.

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