Judge allows Curley’s challenge to Nygren’s budget actions to proceed
WINDOW ROCK
Navajo Nation District Court Judge Malcolm Begay has ruled that Speaker Crystalyne Curley can proceed with her lawsuit challenging President Buu Nygren’s attempt to fire Controller Sean McCabe, install an interim controller and enforce line-item vetoes that cut into the Legislative Branch budget.
In an order issued Nov. 7, Begay denied a motion by the Office of Management and Budget and the Office of the Controller to dismiss the case. He found the court has jurisdiction, that Curley presented enough facts to seek possible relief and that she has legal standing to bring the case on behalf of the Navajo Nation Council.
He also declined to take up conflict-of-interest claims involving the Navajo Nation Department of Justice, saying those issues fall under the Navajo Nation Bar Association.
The ruling centers on Curley’s challenge to Nygren’s effort to remove McCabe, who maintains he serves at the pleasure of the Council, not the president.
Nygren also named Alva R. Tom as interim controller without Council approval. Curley argues the president’s actions violate Navajo Nation law and threaten budget authority that belongs to the Legislative Branch.
In her petition, Curley asked the court to bar Nygren from using line-item vetoes to eliminate or reduce funding for the Council, its committees, its attorneys and the Navajo Nation Youth Council. She also sought to stop the president from firing McCabe or installing an interim or acting controller without the approval of the Council’s Budget and Finance Committee.
Curley requested that any actions taken under Tom’s authority be reversed unless they are ratified by McCabe, who remains the Council-confirmed controller.
The court had already issued a Temporary Protection Order on Oct. 17 blocking McCabe’s termination, preventing the appointment of an interim controller without Council approval and prohibiting the controller’s office from following Tom’s instructions. That order remains in effect until the case concludes.
Attorneys for the OMB and OOC argued that the case is a political dispute between branches and barred by sovereign immunity. They also said Curley did not identify proper defendants or state a valid claim. Begay rejected those arguments, citing Navajo Nation Supreme Court cases that allow public-law disputes between branches when no monetary damages are involved.
Begay wrote that the Sovereign Immunity Act does not block lawsuits seeking injunctions or declaratory relief, especially when they involve government balance and public funds. He said the courts have a duty to resolve such disputes so the government can continue serving the Navajo people.
He also turned to Diné customary law, noting that the Speaker’s duties resemble leadership roles in traditional Naachid decision-making, where leaders respond to imminent threats to the Nation’s welfare. He said those customs support Curley’s standing to bring the case because the dispute involves the stability of government operations and the allocation of public money.
McCabe, who was allowed to intervene, argued that he has always served at the pleasure of the Council and that Nygren is exceeding his authority by trying to fire him. He said his brief July resignation was contingent on finishing financial transactions and did not give the president any new authority. He also said he suspended purchase-card usage because of concerns and was removed in retaliation.
Nygren countered that the phrase “at the pleasure of the Navajo Nation Council” is vague and that the controller operates within the Executive Branch. He argued that Curley does not have the authority to sue on the Council’s behalf, a role he said belongs to the attorney general.
Begay disagreed, ruling that Curley’s statutory duties include supervising Legislative Branch programs, calling special sessions and making budget recommendations. Those responsibilities, he wrote, give her a direct interest in challenging actions she believes violate budget law or remove officials confirmed by the Council.
The decision keeps McCabe in place for now and prevents the Executive Branch from enforcing disputed line-item vetoes or appointing an interim controller without Council consent. It also sets the stage for a continuing legal battle over the limits of Executive power and the Council’s role in overseeing the Nation’s finances.
The case is ongoing at the Window Rock District Court in Fort Defiance.
The Navajo Times reached out to Curley’s staff and McCabe for comment, but neither responded.
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