Featuring “Steve” Matthew Fletcher. Here.
An excerpt:
Thorpe: What is likely to be the next step in this process and when might it take place?
Fletcher: The next step is to litigate the Section 9 question; that is, whether it applies at all because of MILCSA and, if so, whether it forecloses the fee to trust application. I was surprised that Judge Jonker shut down Sault Tribe this early in the process, but it really hurts the tribe. Had Sault Tribe put in their application, the federal government is a party. And especially if Interior took the land into trust, suddenly the United States is a defendant, and they’re much more difficult to defeat than a mere Indian tribe. And no one is better suited to know the implications of an injunction at this early date than Judge Jonker, with all his experience litigating against the United States in Indian gaming cases.
Thorpe: If you were a betting man, what would you say are the odds of the Lansing casino ever being built, at least be the current proposed ownership team?
Fletcher: Flip a coin. Sault Tribe, because of its advantageous position as a result of MILCSA, has the best chance of any tribe. But the Section 9 problem may shut it all down. Moreover, all it takes is one rider in an Interior appropriations bill to undercut that provision.
Turtle Talk 