Naabik’íyáti’ votes down acting AG, demands a controller opinion by noon

WINDOW ROCK

Navajo Nation lawmakers sharply rejected Acting Attorney General Colin Bradley’s nomination Thursday after hours of questioning over legal conflicts, Executive authority and who controls the Nation’s finances. The hearing ended with a directive ordering the Department of Justice to issue a written opinion by noon Friday on who lawfully serves as controller.

With seven not voting, the 0-12 vote capped a tense day that revealed how sharply trust has eroded between the Legislative and Executive branches. Delegates accused the Department of Justice of favoring President Buu Nygren’s administration and withholding legal guidance on critical financial questions.

Bradley denied the claims, saying DOJ “calls balls and strikes” and serves all three branches of government.

“I’ve given everything I could give to the Nation,” Bradley said. “I’m more than happy to work with Council, OPVP and chapters. We have the same goal of protecting the Nation’s sovereignty.”

At the center of the hearing was a memo issued by the president’s chief of staff, Kris Beecher, asserting the appointment of an interim controller – a move delegates said violated Title 12 law.

Delegate Lester Yazzie questioned the memo’s legality.

“Where is the legal reference for the chief of staff to contradict the Budget and Finance Committee?” Yazzie asked.

Bradley said DOJ was reviewing the issue but declined to elaborate.

“Our team is reviewing this and trying to get advice out as soon as possible,” he said.

Delegate Vince James said Beecher’s memo created confusion inside the Office of the Controller and called the DOJ’s silence unprofessional. He questioned why the president’s purchasing card, or P-Card, had been reactivated while the dispute remained unresolved.

“How can you tell us that we will get your support to make sure that our Navajo people’s funding in the future is safe?” he asked.

Delegate Carl Slater, the vice chair of the Budget and Finance Committee, pressed Bradley about his former law firm’s continued work with the Office of the President and Vice President, calling the overlap “very shady and gray.” He demanded copies of the DOJ’s conflict analysis and Bradley’s recusal letter.

Bradley said he was no longer a law firm member when he gave up his partnership.

Slater asked him to commit in writing to recusing himself from any cases involving the special prosecutor or his former firm.

“I’m happy to put it in writing,” Bradley responded.

Speaker Crystalyne Curley’s questioning was pointed yet restrained. She asked the acting AG who he considered his client and whether he had advised the president on efforts to remove Controller Sean McCabe.

“My client is the Navajo Nation,” Bradley replied. “That includes all the branches.”

Curley pressed further, asking whether he would leave the post if the Council voted against him. Bradley said frequent turnover had harmed the DOJ.

“It’s been chaotic,” he said. “Every few months, we’re turning the light switch off and on again.”

As the debate deepened, Bradley tied the present controversy to a broader turnover pattern at DOJ. Referencing former attorneys general Ethel Branch and Heather Clah, he said the repeated removals have hampered operations and morale.

“This is something that is saddening to me, just given that Ms. Branch was removed, Heather was removed, and I certainly hope I’m not removed or voted down, because I think that all of this has led to a lot of chaos,” he said.

Bradley added that projects have been put on hold, and the office has lost attorneys as a result.

“I would hate to be removed. I would hate to leave that on anyone else’s plate,” said Bradley.

This did not deter the Naabik’íyáti’ Committee as it continued its interrogation of the acting AG.

Delegate Shawna Ann Claw said DOJ had failed to provide timely legal opinions and challenged Bradley’s interpretation of Title 12. She cited CJA-05-24, which approved Controller McCabe’s appointment as controller, saying Council resolutions are the law and should guide DOJ’s actions.

“We are at a juncture where the stability of the Navajo Nation comes to your hands,” she told him.

Bradley agreed that attorney general opinions are advisory.

“The only people who make the ultimate decision of what is legal and what is not legal are the courts,” he added.

Delegate Eugenia Charles-Newton, who sponsored Bradley’s confirmation legislation, reneged and instead began accusing Bradley of giving lopsided representation to the Executive Branch and failing to answer basic legal questions. She said her decision to sponsor Bradley’s nomination was procedural and not supportive.

“Your words sound good, but your actions tell us otherwise,” she accused Bradley. “We need somebody in this position to follow the law, not to make people happy.”

Charles-Newton read aloud part of Title 12 of the Navajo Nation Code that states that the controller “shall serve at the pleasure of the Navajo Nation Council,” and argued that only the Council can remove or approve the controller.

“I believed you were going to do this Nation right,” she said. “But based on today, I’ll be voting red.”

Delegate George Tolth echoed her concerns.

“You should be defending the Navajo Nation, not taking sides,” he said. “Right now, I just don’t trust DOJ.”

When the vote was called, the results were immediate: none in favor, 12 opposed, seven not voting.

Moments later, Claw introduced a directive to require the DOJ to issue its written opinion identifying the lawful controller by noon today.

Jesus closed the meeting by reminding delegates that the full Navajo Nation Council will make the final decision on Bradley’s nomination during the upcoming fall session, which starts on Oct. 20.

Bradley thanked the committee and said he intends to continue working with lawmakers.

“We have the same goal of protecting the Nation’s sovereignty,” he said. “The question is how we work together better – and I’m happy to do that.”

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