Prez ouster now in AG's lap

Five days after the Navajo Nation president was placed on leave, the tribal capital stands quiet. There has been little disturbance, and no word if or when President Joe Shirley Jr. will be reinstated.

According to the bill passed by the Navajo Nation Council Oct. 26 placing Shirley on leave, the tribe's attorney general, Louis Denetsosie, has the authority to reinstate Shirley based on the findings of his investigation on two troubled Navajo businesses.

However, Denetsosie offered no comment as to the progress of his investigation and its priority, continuing his practice of not talking to the news media.

According to the Navajo Nation Code, Denetsosie has 60 days to investigate the OnSat and BCDS business dealings to determine if the tribe should hire a special prosecutor to pursue charges against any criminal activity committed by tribal officials.

Denetsosie could also elect to handle the matter internally, if he determines such is possible without a conflict of interest. Denetsosie was appointed attorney general by Shirley.

During Denetsosie's investigation, the council placed Shirley on paid administrative leave at least until Denetsosie makes a decision.

In an interview with the Navajo Times Wednesday, Oct. 28, Shirley said he was confident that ultimately he would be cleared. At the time, Shirley said he had not seen a copy of either of the two reports detailing the downfall of both businesses, and therefore had no indication of the reason for the council's action.

Shirley has repeatedly claimed that the council violated his due process by withholding the two investigative reports that were the basis for the council's vote to put him on leave on Oct. 26.

The Navajo Times obtained one of those reports, "Legal Violations of Navajo Nation Officials and Employees Arising from the Nation's Contractual History with OnSat," produced by the Scottsdale law firm Sacks Tierney, a Scottsdale law firm. The firm worked under Navajo Nation contract.

According to the first page of that report, Sacks Tierney stated that the "full report" was presented to Attorney General Denetsosie and Speaker Lawrence Morgan (Iyanbito/Pinedale) on Oct. 14, which was a contract requirement.

Sacks Tierney also stated that the report that they presented to the council on Oct. 19 was a "summary" of the full report.

On Thursday, Oct. 29, the Navajo Times submitted to the president's office a question of whether Denetsosie had informed Shirley that Sacks Tierney had presented the full report to him.

The Navajo Times also asked why Denetsosie had not issued a legal opinion about Shirley's right to see the alleged charges against him. This is significant because Denetsosie had issued written statements about the council violating his due process when the delegates tried twice - unsuccessfully - to remove him as attorney general.

The Navajo Times had hoped to ask Shirley those questions on Wednesday, Oct. 28, during a telephone interview with him but his spokesman, George Hardeen, limited the questions.

The Navajo Times left a detailed telephone message for Denetsosie on Friday, Oct. 30. Denetsosie's staff reported that the attorney general was "on travel."

The council still has not released the two reports publicly.

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