"Top GOP Senator: Native American Juries Are Incapable Of Trying White People Fairly"
INDIANOLA, Iowa — Republicans have offered a number of reasons why they oppose the Violence Against Women Act. Some think it’s unconstitutional. Others argue that it’s just a meaningless bill with a patriotic title.
On Wednesday, Sen. Chuck Grassley (R-IA) added a new one: Native Americans supposedly aren’t capable of holding fair trials.
Last week, Grassley was one of just 22 senators—all Republican men—who voted against reauthorizing VAWA. During a town hall meeting in Indianola on Wednesday, a woman asked him to explain his vote. Grassley responded that the legislation is unconstitutional, a belief shared by at least five of his colleagues.
Since the Constitution guarantees citizens the right to a trial among a jury of peers, Grassley reasoned that white men would be deprived of their rights if those who were accused of violence against Native American women had to appear in a tribal court. “On an Indian reservation, it’s going to be made up of Indians, right?” Grassley said. “So the non-Indian doesn’t get a fair trial.”
GRASSLEY: One provision that non-Native Americans can be tried in tribal court. And why is that a big thing? Because of the constitutionality of it, for two reasons. One, you know how the law is, that if you have a jury, the jury is supposed to be a reflection of society. [...] So you get non-Indians, let me say to make it easy, you get non-Indians going into a reservation and violating a woman. They need to be prosecuted. They aren’t prosecuted. So the idea behind [VAWA] is we’ll try them in tribal court. But under the laws of our land, you got to have a jury that is a reflection of society as a whole, and on an Indian reservation, it’s going to be made up of Indians, right? So the non-Indian doesn’t get a fair trial.
There is actually no requirement that juries reflect “society as a whole.” The Sixth Amendment requires juries to be drawn from the “State and district wherein the crime shall have been committed,” and Supreme Court decisions establish that criminal defendants also have a right to a jury which is “drawn from a fair cross section of the community,” where the trial court convenes to hear their case. But this does not entitle anyone to be tried by a jury that reflects the whole of American society.
A person who is tried in Vermont is likely to have an all-white jury because over 95 percent of Vermont is white. Similarly, a person who commits a crime in the Navajo Nation will face a jury of Native Americans because the population of the local community is made up of Navajo people. There is no reason to believe that Navajo jurors are any less impartial than white Vermonters, and Grassley is wrong to suggest otherwise.
Grassley went to great lengths to tell attendees that he had supported VAWA in the past. “I support 98 percent of what’s in the bill,” he said. If it weren’t for his belief that Native Americans’ are incapable of conducting a fair trial, perhaps he would have voted for it again.
If you want Congress to reauthorize VAWA, sign ThinkProgress’ petition here.
In an interview late last year with Huffington Post, Rep. Tom Cole (R-OK), one of two registered Native Americans in Congress, dismissed the notion put forth by Grassley that tribal courts are incapable of holding fair trials. “People seem to have this fantasy that Indians and courts are going to try to make up for what happened to them for hundreds of years of history,” said Cole. “That’s just not true.”
Indian Country Today points to a report suggesting that many tribal court juries would likely be more diverse than juries in much of the United States:
A recently released report by the National Congress of American Indians Policy Research Center titled Policy Insight Brief titled, Statistics on Violence Against Native Women that states according to the 2010 U.S. Census “46 percent of people living on reservations in 2010 were non-Native.” Almost half the reservation population would essentially lead to diversity on juries. The figure is as a whole in the United States, and there may be areas where this number is drastically lower, but that is where the Sixth Amendment comes in.