Oklahoma attorney general moves to oust governor from defending his tribal gaming compacts

Oklahoma’s attorney general filed court papers Tuesday to oust the governor from representing the state in a controversial lawsuit over gaming compacts.

Gentner Drummond said he believes the case is needlessly dragging on under the leadership of Gov. Kevin Stitt. The legal dispute centers on two standalone gaming compacts negotiated by Stitt, and whether they are legal.

In his court filing, Drummond said he feels compelled to step in because the compacts clearly violate state law. He said he wants to end the state’s defense and resolve the case.

“I see no other option, because the governor has inexplicably abrogated his constitutional duties in this case,” Drummond wrote in a notice to the court.

More: At odds with the governor, Oklahoma tribal leaders are working around him

Garry Gaskins II, the top trial lawyer in Drummond’s office, also told the court he plans to appear on the state’s behalf in the case.

In a statement, the governor’s spokesperson Abegail Cave described the attorney general’s move as unprecedented. She said Drummond is turning his back on tribes that signed agreements with Stitt and is siding instead with four of the state’s largest tribes. The Cherokee, Chickasaw, Choctaw and Citizen Potawatomi nations filed the suit in 2020.

“Governor Stitt is actively fighting for eastern Oklahoma as these tribes continue their efforts to turn Tulsa and much of the rest of eastern Oklahoma into a reservation,” Cave said, referencing Stitt’s larger campaign to limit the expansion of tribal government authority in the state.

Since taking office in January, Drummond has been sharply divided from Stitt on how to work with tribal nations. Drummond has described Stitt’s rhetoric as divisive and irresponsible, while the governor has said he is working toward fairness for all.

The conflict in the case has been brewing since June, when Drummond asked legislative leaders for their approval to intervene on the state’s behalf. Senate President Pro Tem Greg Treat responded with a formal request last week.

Drummond said in a news release that he called Stitt and wrote him a letter explaining his decision to intervene. He also described the case as an example of the governor’s failure to find productive ways to work with tribal governments.

“The citizens you were elected to serve are the ones who suffer from this irresponsible approach,” Drummond wrote. “Instead of working in partnership with tribal leaders to enact compacts that benefit all four million Oklahomans, you insist on costly legal battles that only benefit the elite law firms you hire. Millions of dollars of state resources have been squandered on these futile efforts.”

More: Six key moments defining Oklahoma's relationship with Native tribes under Gov. Kevin Stitt

The private legal bill in the gaming compact suit has so far added up to $596,000, with most going to New York-based law firm Sullivan & Cromwell, according to a list of payments provided by Drummond’s office to The Oklahoman. The payment data was compiled by the Office of Management and Enterprise Services, the attorney general’s office said.

The lawsuit started nearly three years ago amid the larger dispute over the future of tribal gaming in Oklahoma. A model compact gives tribes exclusive rights to offer Las Vegas-style gaming in exchange for paying a specific share of revenues to the state.

The governor challenged the agreement as unfair in 2019 and attempted to renegotiate the deal. The state’s highest court rejected his efforts and also invalidated standalone agreements he had negotiated with four tribes.

But two of those deals, with the Comanche and Otoe-Missouria nations, remain in legal limbo in federal court because federal regulators did not directly scrap the deals.

The Cherokee, Chickasaw, Choctaw and Citizen Potawatomi nations filed the lawsuit to stop the agreements from becoming effective under federal law.

Cave said the attorney general is helping those tribal governments “further their political agenda” in the case.

In his court filing, Drummond said he is asserting his duty to intervene when the governor is no longer carrying out the law. He said he is moving to take over the lawsuit “solely for the purpose of protecting the interests of the state of Oklahoma.”

Read more:

• As tension mounts, Oklahoma Senate leader asks AG to intervene in gaming compact lawsuit

• Oklahoma Senate passes tribal compact extensions, voting to override governor

• The story behind Gov. Stitt's new 'One Oklahoma' video on tribal reservations

Editor's note: This is a developing story and has been updated.

Molly Young covers Indigenous affairs. Reach her at mollyyoung@gannett.com or 405-347-3534.

This article originally appeared on Oklahoman: Oklahoma attorney general moves to intervene in gaming compact dispute