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This Land

7. Before The Court

This Land

Crooked Media

Documentary, Society & Culture

4.88K Ratings

🗓️ 27 September 2021

⏱️ 36 minutes

🧾️ Download transcript

Summary

As the case heads to the Fifth Circuit - the last stop before the Supreme Court - we go inside the courtroom to hear the arguments and the decision. Show Notes This Land website https://crooked.com/podcast-series/this-land/ Resources For Survivors https://crooked.com/resources-for-survivors/ Resources For Journalists & Investigators https://crooked.com/resources-for-journalists-investigators/ Have a tip? Share it with our reporting team via SecureDrop https://criticalfrequency.org/securedrop/ Jennifer Brackeen’s Personal Blog https://web.archive.org/web/20201221201802/https://thebrackeens.blogspot.com/ For a transcript of this episode, please visit crooked.com/thisland.

Transcript

Click on a timestamp to play from that location

0:00.0

This episode is supported by the FX original series Reservation Dogs.

0:04.9

From Sterling Harjo and Tyco YTT, this first of its kind, Indigenous Creative Team,

0:10.4

tells a story that invites audiences into a surprisingly familiar and funny world.

0:16.2

Reservation Dogs. All episodes now streaming exclusively FX on Hulu.

0:22.9

Just a note before we get started. The stories we're sharing this season touch on different kinds of

0:29.1

trauma. Please take care of yourself while you listen. I was in the courtroom for a period of

0:35.5

about five minutes all alone. And so I sat there quietly before another soul entered the courtroom.

0:43.4

And I just bowed my head and offered a prayer for not only the case, but for wisdom and guidance

0:50.7

for an entire legal team and those that were in the audience. This is Fawn Sharp.

0:56.1

In January of 2020, she was sitting in the fifth circuit court of appeals.

1:01.2

One step below the Supreme Court. Waiting for oral arguments to start and the big federal lawsuit

1:07.7

we've been following this season. Brackene B. Holland. Sharp is the vice president of

1:14.4

Quenalt Indian Nation and the president of the National Congress of American Indians.

1:19.5

But before the arguments got started, Sharp got in trouble.

1:27.8

So I wear a traditional Quenalt cedar hat. Cedar in the Quenalt language is Chidham.

1:33.2

And it represents strength. It represents a sacred bond we have to our lands.

1:40.5

Shortly before the justices came out, I was asked to remove my cedar hat. And I told the

1:47.0

staffer that I can't do that. I simply just said, I can't. And then she proceeded to ask me if it was

1:54.7

medically necessary to have my hat. And I told her again, looked at her squarely in the eyes and

2:00.5

I said, I cannot remove this hat. And it is medicine. It is cedar. It is a part of who I am. And she

2:06.8

at that point just said fine and walked away. But that was sort of a first impression before

2:13.3

the justices even walked out into the courtroom. I was being challenged and asked to strip myself

...

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