A CALL FOR JUSTICE: Reclaiming the Rule of Law in Oklahoma

To the Citizens of Tulsa, Oklahoma, and to all who believe in the unyielding power of truth and justice:

My name is Dovell "B" Battle. I am a 67, soon to be 68 year old Indigenous Freedmen  descendant, who has lived all my life in Tulsa, Oklahoma. Unbelievably, I was unlawfully & unconstitutionally arrested, jailed, tried, and convicted by the STATE OF OKLAHOMA, all on the Muscogee (Creek) Nation reservation on January 2, 2003, for an alleged crime that occurred within the Federally recognized Muscogee(Creek) Nation reservation/Territory on 11th and Harvard, on September  23, 2002.

I need to tell you from the start, that this Petition isn't going to be about mine , or anyone else's GUILT OR INNOCENCE. It's NOT going to be about me trying to convince you of what "I" did or did not do legally or criminally, what my public defender did or didn't do, what the D.A. did or didn't do, what the Judge did  or didn't do, during my trial proceedings ladies and gentlemen.

For anyone wondering why not, please allow me to explain how guilt and innocence comes SECONDARY to the LAW. What MATTERS FIRST & FOREMOST, is whether or not, the COURT,( in which WE were and are tried by a Judge or jury, for ANY crime,) had CONSTITUTIONAL, CONGRESSIONAL APPROVED, STATUTORY TERRITORIAL JURISDICTION OVER THE LAND IN WHICH THE ALLEGED CRIME OCCURED, & SUBJECT-MATTER JURISDICTION OF THE INDIVIDUAL ALLEGED TO HAVE HAVING COMMITTED ALLEGED CRIME IN 2003.

In this specific instance and time period ladies and gentlemen, the STATE of Oklahoma simply DID NOT possess such lawful jurisdiction, this, causing the conviction to be "Void Ab Initio," which means VOID from the beginning, because the State of Oklahoma lacked jurisdiction. Allow me to explain in further historical detail.

For over a century, the State of Oklahoma has operated under a profound and indefensible legal fiction. It has built its judicial system, its prisons, and its power on the false premise that it held criminal jurisdiction over lands that it had, by its own solemn pledge and constitutional promise, forever disclaimed. This is not a matter of historical debate; it is a matter of documented, undeniable fact. This is where I  humbly ask you to please continue reading, because I promise you it will make all the sense in the world to you when you are finished. I am presenting to you, ALL irrefutable, concise, precise, Congressionally documented, historically preserved, undeniable, inarguable and factual TRUTH WITH PROOF.

• The Oklahoma Enabling Act of 1906.

• The Forever Disclaim Clause of 1907.

• The Oklahoma Constitution Article 1 Section III.

ONCE you read these three HISTORICAL documents for yourself, you will have a crystal clear understanding of the cause FOR, and purpose OF, this Petition and CALL TO ACTION for the Citizens of Oklahoma.

The historical information I am sharing with you  is what's been hidden from the Citizenship of Oklahoma IN PLAIN SIGHT for over 100 years ladies and gentlemen. It's been in our faces all of this time, however, because of OUR FORCED "IGNORANCE" OF THE LAW,

especially Constitutional law, WE had been looking right over it EVERY TIME we raised Constitutional DUE PROCESS violations on an appeal. All because WE were so focused on those Federal and State guilt and innocent hurdles the STATE COURTS have gotten down to a science, we literally "Couldn't see the forest for the trees" IF you truly understand working on, and filing legal work Pro Se,( like the majority of WRONGFULLY CONVICTED MEN & WOMEN ARE FORCED TO DO IN ANY OKLAHOMA STATE PRISON), and what it means to FINALLY have  THE LAW, the UNITED STATES CONSTITUTIONAL LAW, rightfully on OUR side for once! Ladies and gentlemen, this PETITION is for EACH & EVERY INDIVIDUAL WHO WAS INCARCERATED IN A OKLAHOMA STATE PRISON FROM 1907 TO 2020! YES, IT GOES THAT FAR BACK, PLEASE, ALLOW ME TO SHOW & PROVE TO YOU WHY WE MUST SIGN AND PRESENT THIS PETITION AS A "CALL TO ACTION"  ON THE PART OF EVERYONE IMPACTED BY THE UNLAWFUL JURISDICTIONAL OVERSIGHT, & THE HISTORICALLY ERRONEOUS PRESUMPTION OF THE STATE OF OKLAHOMA PRESUMING IT POSESSED LAWFUL JURISDICTION FROM 1907 TO 2020 WITHOUT THE MAJORITY OF ALL THE TRUE BORN AND RAISED INDIGENOUS, AFRICAN -AMERICAN, & CAUCASIAN OKLAHOMANS EVER HAVING THE KNOWLEDGE OR EVEN AN INKLING OF AN IDEA IT DIDN'T LAWFULLY POSSESS IT,  UNTIL THE SUPREME COURT FORCED THE STATE TO STOP BEING A BULLY...STOP BULLDOGGIN',  AND STOP INTENTIONALLY VIOLATING  YOUR HELPLESS CITIZENS RIGHTS. STOP TREATING YOUR CITIZENS LIKE ENEMIES OF THE STATE, INSTEAD OF TREATING YOUR "FELLOW" OKLAHOMANS LIKE THEY DESERVE, AND HAVE A CONSTITUTIONAL & MORAL RIGHT TO EXPECT TO BE TREATED BY THEIR STATE LEADERS. ALSO, OKLAHOMA  HAS TO ACCEPT THE FACT THAT AS A STATE, IT ERRONEOUSLY "PRESUMED" "WRONG" FOR OVER A HUNDRED YEARS. LADIES & GENTLEMEN, THE U.S. CONGRESS HAD TO LITERALLY "FORCE" THE TERRITORY OF OKLAHOMA TO FIRST ADOPT IT'S  SPECIFIC CONGRESSIONAL & PRESIDENTIAL  "FOREVER DISCLAIM CLAUSE" IT DRAFTED SPECIFICALLY FOR THE TERRITORY OF OKLAHOMA IN 1906 IN ITS ENABLING ACT. THEN CONGRESS FORCED OKLAHOMA TERRITORY TO THEN, BEFORE IT BECAME A STATE, TO ADOPT & PLACE SAID "FOREVER DISCLAIMER CLAUSE" IN IT'S OWN STATE CONSTITUTION. THE CLAUSE WOULD MANDATE THAT ALL OF ITS CITIZENS WOULD "FOREVER DISCLAIM" ANY AUTHORITY, CRIMINAL JURISDICTION & TERRITORIAL JURISDICTION, OR RIGHT TO "ANY" INDIAN TERRITORY UNDER THE CONTROL OF THE FEDERAL GOVERNMENT IN IT'S STATE, BEFORE CONGRESS WOULD ALLOW IT TO JOIN THE UNION.       LOW &  BEHOLD MY FRIENDS, THE FOUNDERS & STATE LEADERS LIKE WILLIAM H. "ALFAFAH BILL" MURRAY, JUST COULDN'T DO THE "RIGHT" THING & UPHOLD THAT NON-NEGOTIABLE FEDERAL STATUTORY CLAUSE, AND/OR IT'S OWN STATE CONSTITUTIONAL SWORN OATH AS A STATE, TO "FOREVER DISCLAIM" ANY TYPE OF JURISDICTION OF OR OVER ANY INDIAN TERRITORY OR RESERVATION, OR THE PEOPLE THEREON. THEY BEGAN IMMEDIATELY VIOLATING THE TERMS OF ITS AGREEMENT WITH CONGRESS UPON IT'S BECOMING A NEW-BORN STATE, STILL IN ITS INFANCY.

Now please come with me back in time..... TO LEARN THE TRUE REASON WHY THE STATE OF OKLAHOMA HAS KEPT ME, YOU, AND THOUSANDS OF OTHERS,  "IMPRISONED BECAUSE OF A HISTORICAL LIE!"

BEFORE OKLAHOMA BECAME A STATE, IT WAS JUST A TERRITORY. ALL OF WHAT WE CALL THE STATE OF OKLAHOMA, WAS ONCE ALL INDIAN TERRITORY.  THE INDIAN NATION WANTED TO BE ITS OWN STATE AND CALL IT  "SEQUOYAH". THE INDIAN NATION PURSUED STATEHOOD BEFORE OKLAHOMA TERRITORY DID BUT FAILED. PRESIDENT ROOSEVELT DECLARED THAT IT JUST WOULDN'T  BE SENSIBLE TO HAVE AN ALL INDIAN STATE IN THE UNION. THEREFORE THE INDIAN'S HOPE OF BEING AN INDEPENDENT STATE FAILED. HOWEVER, HERE COMES THE "SOONERS " OF OKLAHOMA TERRITORY IN 1906.  IT DECIDED IT WANTED TO BE  A STATE. 

THIS is an historical account of what happened when Oklahoma went from a Territory, to a "Shared" State.

In 1906, Oklahoma Territory, as a condition of statehood, and because both President Roosevelt and Congress KNEW the settlers had been massacreing the Indians, stealing their lands & mineral rights, along with killing & hanging negroes at picnics for kicks & giggles, FORCING the U.S. Congress, under the ORDERS of President Theodore Roosevelt, inserted what Congress entitled,  the "FOREVER DISCLAIM CLAUSE into the OKLAHOMA ENABLING ACT. This clause, which the Oklahoma territory willingly adopted, states that the state and its citizens would "FOREVER DISCLAIM" all right and title in and to all lands lying within said Territory owned or held by any Indian, tribe, or nation." This promise was not a suggestion; it was a foundational pillar of Oklahoma's statehood, and it was written into its own constitution in 1907, to be adopted as the LAW OF THE LAND, adhered to, followed unconditionally, abided by, respected and enforced by the State of Oklahoma, FOREVER. 

QUESTION: HOW LONG IS FOREVER WHERE YOU COME FROM?

The U.S. Supreme Court's landmark 2020 decision in McGirt v. Oklahoma did not create new law; it simply affirmed the law that has always existed. The Court declared what all legal and historical documents prove: that the Muscogee (Creek) Nation reservation, and by extension other tribal reservations in EASTERN Oklahoma, were NEVER disestablished by Congress. This decision exposed the truth that the State of Oklahoma has been acting outside its lawful jurisdiction for decades, arresting, prosecuting, and imprisoning individuals on land it had no legal authority to govern.

This is a CALL TO ACTION for every citizen who has been affected by this injustice, for every family torn apart, and for every individual who believes in the supremacy of the law. This is a moment for US to hold OUR government accountable to the very laws it promised to uphold.

• A 10-Point Plan of Action for Constitutional Justice

ACKNOWLEDGE the Truth: The first step is to acknowledge the undisputed legal reality. The State of Oklahoma, through its adoption of the Oklahoma Enabling Act and its own constitution, voluntarily disclaimed criminal jurisdiction over Indian territory. Therefore, any conviction of a non-Indian for a crime against another non-Indian within the boundaries of a reservation, such as the Muscogee (Creek) Nation, before the 2020 McGirt decision, was conducted without lawful authority.

EDUCATE the Public: We must launch a massive public awareness campaign to inform all citizens of Oklahoma about this legal and historical reality. We will use community meetings, social media, and traditional media outlets to disseminate the facts. This is about TRUTH, not division.

DEMAND Legal Audits: Citizens must demand that their elected officials, at both the state and local levels, initiate an immediate and comprehensive audit of all criminal convictions that occurred on tribal lands from 1907 to 2020. This audit will identify every case where the State of Oklahoma acted without jurisdiction.

SUPPORT Legal Challenges: We must rally behind the Habeas Corpus petitions and other legal challenges being filed in federal court. By supporting these efforts, we amplify the demand for justice and validate the legal grounds for these claims.

FORM a Coalition for Justice: We will unite all citizens' groups, civil rights organizations, church leaders, prisoner advocates, and tribal nations into a single, powerful coalition. This unified front will represent a moral and legal consensus that the state's historical actions were wrong and must be rectified.

ADVOCATE for Immediate Vacations of Convictions: We will pressure the State of Oklahoma's Attorney General and the state legislature to create a mechanism for the immediate vacation of all unlawful convictions and the release of individuals who are incarcerated based on these jurisdictional errors. This is not about letting people "off the hook"; it's about acknowledging that the state itself committed the initial unlawful act.

HOLD the Judiciary Accountable: We will call upon all Oklahoma judges to recognize their duty to uphold the U.S. Constitution and the state's own constitutional limitations. They must honor the "forever disclaim" clause and the McGirt decision by vacating convictions that are legally void.

DEMAND Restitution and Accountability: We will advocate for a comprehensive plan of restitution for those who have been unlawfully imprisoned. The state must be held financially and morally accountable for the decades of wrongful imprisonment, forfeited rights, and the immense human cost of its legal fiction.

ORGANIZE Civic Action: We will organize peaceful protests, rallies, and demonstrations in Tulsa and at the State Capitol in Oklahoma City. We will make our voices heard, demanding that the state publicly acknowledge its historical violations and commit to a path of justice and reconciliation.

BUILD a New Foundation of Trust: This is not just about fixing the past; it is about building a better future. By forcing the state to adhere to its own foundational laws, we will create a new era of respect for the rule of law, federal supremacy, and the sovereignty of the tribal nations that are so vital to our shared identity.

• The Unassailable Legal and Historical Proof

The State of Oklahoma's claim to criminal jurisdiction over non-Indians on tribal lands was a direct violation of its own founding principles. The Oklahoma Enabling Act of 1906, a federal statute, was clear. The state's own constitution of 1907 was clear. The treaties with the tribal nations were clear. The U.S. Supreme Court, in McGirt, simply held the state to its own promise.

As an African American descendant of Freedmen and Native American tribal ancestors, I stand as a testament to the complex history of this land. My family's story, intertwined with Freedmen AND the Indian Nation, demonstrates the deep and enduring connection between tribal nations and all citizens of Oklahoma. This fight is not just for one group; it is for EVERY person who believes in the fundamental principle that NO State is above the law.

The State's actions were not merely a mistake; they were a systemic usurpation of Federal authority and a breach of its own legal and Constitutional duties. The State's knowing disregard for its own laws and for the supremacy of Federal law makes its actions a violation of statutory and Constitutional law, and by extension, a profound injustice.

This is a moment of truth for Oklahoma. We will not be SILENT. We will not be SWAYED. We will stand for JUSTICE, and we will win this BATTLE for the SOUL OF OUR STATE. The law is on our side. The truth is on our side. And together, we will ensure that Oklahoma lives up to the promise it solemnly made and swore to upon becoming a State of the Union in November  1907.

PLEASE STAND WITH ME & HOLD THE STATE OF OKLAHOMA ACCOUNTABLE FOR "EVERY" WRONGFULLY UNLAWFUL CONVICTION SENTENCED OUT OF IT'S MANY COUNTY DISTRICT COURTHOUSES THROUGHOUT THE EASTERN PORTION OF THE  STATE FROM 1907 TO 2020.

TOGETHER WE,THE CITIZENS OF OKLAHOMA & EVERYONE WILLING TO SUPPORT US IN OUR STATEWIDE EFFORT TO SIMPLY, " MAKE THE STATE OF OKLAHOMA, KEEP ITS HISTORICALLY SWORN PROMISE TO IT'S PEOPLE & THE INDIAN NATION POPULATION IT SWORE NEVER TOO INTERFERE WITH OR ASSERT IT'S  POWER AND AUTHORITY OVER, AS LONG AS IT REMAIN ESTABLISHED, RECOGNIZED & PROTECTED BY THE FEDERAL GOVERNMENT, WHICH IT HAS SINCE 1906.

YOUR SUPPORT IS DESPERATELY NEEDED. I AM PASSIONATE ABOUT FORCING THE COURTS TO VACATE THE VOID CONVICTIONS KEEPING THOUSANDS OF MEN AND WOMEN IN HEARTBREAKING BONDAGE. 

WITH YOUR SUPPORT, YOUR POWER, YOUR INTELLIGENCE, YOUR KNOWLEDGE, YOUR PARTICULAR SKILL SET, YOUR EXPERTISE, YOUR DRIVE, YOUR CAPABILITIES TO MAKE YOUR VOICE HEARD LOUD & CLEAR, YOUR COMPASSION FOR OTHERS YOU KNOW HAVE BEEN IR ARE BEING ABUSED OR MISTREATED, YOUR NEWFOUND KNOWLEDGE AND AWARENESS OF HOW THE STATE OF OKLAHOMA HAS  RELENTLESSLY AND UNAPOLOGETICALLY, VIOLATED OUR CONSTITUTIONAL RIGHTS & IMPRISONED YOU, YOUR FAMILY MEMBERS, YOUR FRIENDS & ALL THOSE PEOPLE IN PRISON BEFORE 2020, FOR THE PURPOSE OF FINANCIAL GAINS. NOT FOR JUSTICE, NOT BECAUSE THE STATE JUDGES AND COUNTY PROSECUTORS WERE ACTING  WITHIN THE LAW  THEMSELVES. BECAUSE THEY WEREN'T.           WE NEED YOU BECAUSE "YOU" WILL BE THE ONE TO MAKE SURE "JUSTICE" IS NO LONGER BEING HIDDEN & KEPT SECRET FROM "JUST US!"

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