Phhffffeeeeettttttt!

Regarding the inaccurate information stated by Senator "Not Rocket Science" Rosenberg, a friend and regular reader responded --


In the Middleboro region we were lied to by "competent attorneys" also who failed to mention the Carcieri challenge which they knew about.

Before Carcieri v. Salazar, the state had an Indian gaming attorney testify at the 2008 casino hearings, and the best she could say was that in her mind, it was possible. IGA's make their money on Indian gaming and do not want to believe they could find themselves without half of their potential clients.

The BIA is staffed almost completely by Indians, and have repeatedly failed to acknowledge the Hawaii SCOTUS decision.

The Tribe is trying to scare the state, and the State eagerly complies.

I can't speak for Senator Spilka but Senator Morrissey was clueless about Carcieri v. Salazar at a late 2008 debate in New Bedford. He even admitted it once we clued him in.

Being an Attorney means nothing. We've been lied to by plenty of attorneys. There are competent attorneys who helped file and argue Carcieri v. Salazar.

The Mashpee can open a bingo hall (class II - on their own reservation land - if they have reservation land - which they don't) But what is the financial incentive? The Seminoles could not make a good profit with bingo and repeatedly tried to get slots, ad their nearest competitors were 600 miles, not 2 hours, away.

We've researched this exhaustively for 3 years - we are stakeholders - and others have researched it for 20.

It's not a difference of opinions - it's a senator who provides other senators with inaccurate information to fuel his private agenda.

A promised chairmanship perhaps?

Senator Rosenberg: Wipe the egg off your face!

Because the Senators behave like a bunch of adolescents and the conduct of business is barely audible when sitting in the Senate Chamber, the live video at home where the continuous chatter is filtered out was far more productive and listening in the background as the inaccurate discussion of Indian Gaming arose was most distressing.

Although attention was divided, Senator Rosenberg apparently circulated a memo to his colleagues that contains some egregious misinformation, distorts the history of the CT Slot Parlors, and pretends to use LIT (Land into Trust) as the threat posed to immediately approve the grossly flawed and hastily composed Casino Legislation being debated before the Senate.

It was clear from listening to Senator Rosenberg's description that he has never read "Without Reservation" that was distributed to each member of the legislature at one time when the Aquinnah proposed a casino on the Plymouth waterfront.

It is my understanding (and I'll post the transcripts when available), that the Senators believe Carcieri v Salazer poses some imminent threat.

Because the comments I heard Senator Rosenberg make were so totally wrong, the following email was sent to him --

Honorable Senator Rosenberg:

You are incorrect in the comments you made about
Land Into Trust.

Both Carcieri v Salazar and the Hawaii decision PREVENT
LIT.

The Hawaii decision was signed onto by a majority of
Attorneys General.

SCOTUS and Hawaii Being Ignored

To justify this legislation for the incorrect reason you offered is
absurd.

Massachusetts does NOT find itself in a comparable situation
to Connecticut.

Texas has successfully prevented Tribal Casinos because they
have NOT legalized slots.

In addition, if you truly believe the 'threat' posed by Native
American Tribes, you need to be aware that there are an
additional 6 or possibly 8 Massachusetts Tribes that have
filed for recognition.

Respectfully,

The following represents the reply from Senator Rosenberg --

We have consulted with competent legal council and with the BIA and they say the Mashpee will get land in trust within a reasonable period of time. They appear to be the only tribe in the foreseeable future that is expected to get there and be able to install gaming.

If the state does nothing there is ample precedents for class II machines with no taxation, community mitigation or regulation. This has been thoroughly researched and documented. I am not the only Senator researching these issues. Senator Morrissey and Spilka both of whom are attorneys have also researched this exhaustively and have come to the same conclusions.

I know this conflicts with your perspective but it is an honest difference of opinions.

Stan Rosenberg

This is NOT a difference of opinion, honest or otherwise.

It is my recollection that the Massachusetts Attorney General signed on to the Hawaii decision.

This was posted in 2009 --

SCOTUS and Hawaii Being Ignored

Within weeks of the 8-1 Carcieri v Salazar decision, a second
strike on fee to trust was issued. This time it came from a case
originating in the state of Hawaii. In the 9-0 decision on Hawaii
v. the Office of Hawaiian Affairs. Justice Alito wrote, "It would
raise grave constitutional concerns" Congress sought to "cloud
Hawaii's title to its sovereign lands" after it had joined the
Union. "We have emphasized that Congress cannot, after
statehood reserve or convey....lands that have already been
bestowed upon a state". How many readers of this paper could
be effected by issues concerning land that has been "bestowed
upon a state"; as an original colony, through disestablished
territory or when the territory entered into statehood?

The research and fact finding of this process have been conspicuously lacking.

Senator Rosenberg, NO ONE, not even you can offer a cost for the bureaucracy you're creating.

Senator, you need to do your research and not simply find a colleague who believes he/she has offered an opinion.

At NO TIME have I heard any Senator address that the SCOTUS Hawaii decision negates your argument.

There will be NO TRIBAL CASINO ON TRUST LAND IN THE COMMONWEALTH, unless these folks in the Senate approve this folly.

In addition, I would call it to your attention that the Mashpee Wampanoags' historical connections to Middleboro have been challenged, but their historical connections to Fall River? Surely you jest?

I remember when Glenn Marshall told us it was INEVITABLE and THOSE SHOVELS WOULD BE IN THE GROUND ......