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      Hughes Van Ellis, one of last Tulsa race massacre survivors, dies aged 102

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      One of the last known survivors of the Tulsa race massacre of 1921 has died, his family has confirmed in a statement.Hughes Van Ellis died from cancer Monday night at the age of 102, his family said.He was one of the most outspoken activists for reparations over the massacre and fought for them on behalf of Tulsa’s Black community for decades. But, his grandnephew Ike Howard told CNN: “He died waiting on justice.”The family’s statement added: “Two days ago, Mr Ellis urged us to keep fighting for justice. In the midst of his death, there remains an undying sense of right and wrong. Mr Ellis was assured we would remain steadfast and we repeated to him, his own words, ‘We are one,’ and we lastly expressed our love.”The Tulsa race massacre was one of the deadliest cases of racist violence in US history. It began when a white mob stormed an area of Greenwood in Tulsa, Oklahoma, referred to as “Black Wall Street” because it was one of the wealthiest Black communities in the US at the time.More than 35 city blocks of homes, businesses and churches were in ruins after the mob looted them and set them on fire. Historians estimate up to 300 people died.Black Wall Street was never able to rebuild. And by the end of the 20th century, any hopes of doing so were squashed by city planners who claimed eminent domain on the land.Known to his loved ones as “Uncle Red”, Ellis survived the massacre as a baby after escaping the mob with his family.He grew up to be a proud military veteran, having fought with a racially segregated US army battalion in the second world war. His family called him a “loving family man”.In 2021, Ellis testified in Congress with other survivors about the effects the massacre from a century earlier inflicted on his family and his community.Speaking before a House judiciary subcommittee to demand reparations for the massacre, Ellis said: “You may have been taught that when something is stolen from you, you can go to the courts to be made whole. You can go to the courts to get justice. This wasn’t the case for us. The courts in Oklahoma wouldn’t hear us. The federal courts said we were too late.“We were made to feel that our struggles were unworthy of justice. That we were less valued than whites, that we weren’t fully American. We were shown that in the United States, not all men were equal under law. We were shown that when Black voices called out for justice, no one cared.”He added: “Please do not let me leave this earth without justice, like all the other massacre survivors.”Shortly after, Joe Biden declared 31 May 2021 a day of remembrance for the Tulsa Race Massacre 100 years earlier.Although Ellis was a plaintiff in a lawsuit against the city of Tulsa and seven other defendants demanding restitution for the massacre, the case was dismissed by an Oklahoma judge in July. And no financial reparations have been awarded to the massacre survivors, their descendants or the victims’ descendants.Furthermore, “not one of these criminal acts was then or ever has been prosecuted or punished by government at any level: municipal, county, state, or federal,” according to the Tulsa Historical Society and Museum.The last two known survivors of the massacre are Ellis’s older sister, 109-year-old Viola Fletcher, with whom he escaped; and Lessie Benningfield Randle, 108. More

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      Oklahoma sued for funding US’s first ‘state-sponsored’ religious charter school

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      The American Civil Liberties Union and a handful of civil organizations have filed a lawsuit to stop the Oklahoma state government from funding the US’s first religious public charter school, in turn setting up a fierce debate surrounding religious liberties.On Monday, the ACLU, Americans United for Separation of Church and State, and the Education Law Center and Freedom From Religion Foundation filed a lawsuit on behalf of nearly a dozen plaintiffs including parents, education activists and faith leaders seeking to stop Oklahoma from sponsoring and funding St Isidore of Seville Catholic Virtual School.The lawsuit, which names the Oklahoma Statewide Virtual Charter School Board, the state education department, the state superintendent of public instruction and St Isidore as defendants, argues that the SVCSB violated the state constitution, the Oklahoma Charter Schools Act, and the board’s own regulations when it voted 3-2 in June to approve St Isidore’s charter-school sponsorship application.Charter schools in the US are publicly funded but independently run. If opened next year, St Isidore will join two dozen charter schools in Oklahoma.According to the lawsuit, St Isidore refused to agree to comply with legal requirements applicable to state charter schools, including prohibitions against discrimination. It states that St Isidore will in fact “discriminate in admissions, discipline, and employment based on religion, sexual orientation, gender identity, and other protected characteristics”.The lawsuit argues that the online public school “asserts a right to discriminate against students on the basis of disability”, and that its application failed to comply with the board’s regulations that require the school to “demonstrate that it would provide adequate services to students with disabilities”.The suit also alleges that St Isidore will violate board regulations that require a charter school to be independent of its educational management organization, as the school will hire the department of Catholic education of the Archdiocese of Oklahoma City as its educational management organization. The school will also be overseen by the Diocese of Tulsa.Additionally, the lawsuit argues that in violation of the state constitution and the Charters Schools Act, St Isidore will “provide a religious education and indoctrinate its students in Catholic religious beliefs,” adding that its application states that the school “will be a place…of evangelization” that “participates in the evangelizing mission of the Church”.St Isidore, which plans to open in August 2024, describes itself as a school that puts “the church at the service of the community in the realm of education” and that it envisions a learning opportunity for “all students whose parents desire a quality Catholic education for their child”.Speaking to the Guardian, Erin Brewer, the vice-chair of the Oklahoma parent legislative action committee, a nonprofit statewide organization and the lawsuit’s lead plaintiff, condemned what she called “state-sponsored religion”.“Our kids have the right to religious freedom and for the state to sponsor religious education and indoctrination, I think it is wrong,” said Brewer.“I think it’s a misunderstanding of what religious freedom means. Religious freedom is an individual right. There’s nothing preventing the Catholic Archdiocese in Oklahoma City from operating as a school … but to request the government to fund that religion … that is not religious freedom because now the government is compelling religion upon students. That is a violation of those students’ rights as well as of the rights of taxpayers who may or may not agree with those religious tenets,” she added.Other plaintiffs in the lawsuit include Krystal Bonsall, a parent of a public school student who has disabilities that require speech and occupational therapy, as well as Michele Medley, a parent of three children, two of whom are autistic and one of whom is part of the LGBTQ community.Bonsall, whose child requires the accompaniment of a paraprofessional in class, released a statement saying, “Our public tax dollars should not be sent to a religious school that asserts a right to discriminate against students with disabilities. St Isidore should not be allowed to divert scarce resources away from public schools that are open to all children regardless of ability, race, sexual orientation, gender identity, or religion.”Medley echoed similar sentiments, saying: “As the mother of two children on the autism spectrum, I have firsthand experience with private religious schools’ unwillingness to accept and meet the educational needs of students with autism and other developmental disabilities.”“I am also aware of the possible religious discrimination against LGBTQIA+ students that could harm my child and others. I don’t want my tax dollars to fund a charter school that won’t commit to adequately accepting and educating all students,” she added.Faith leaders involved in the lawsuit have also weighed in on the debate, with many arguing that such funding is contradictory to religious freedoms.Bruce Prescott, a retired Baptist minister who served as executive director of Mainstream Oklahoma Baptists, said, “Religious schools – like houses of worship – should be funded through voluntary contributions from their own membership, not money extracted involuntarily with state taxes from members of a religiously diverse community.”Lori Walke, another plaintiff and senior minister of the Mayflower Congregational United Church of Christ also pushed back against the state-funded school, saying, “As a pastor, I care deeply about religious freedom. But creating a religious public charter school is not religious freedom. Forcing taxpayers to fund a religious school that will be a ‘place of evangelization’ for one specific religion is not religious freedom.”In June, the state’s attorney general Gentner Drummond said in a statement that St Isidore’s approval was “unconstitutional”.“The approval of any publicly funded religious school is contrary to Oklahoma law and not in the best interest of taxpayers … It’s extremely disappointing that board members violated their oath in order to fund religious schools with our tax dollars,” Drummond added.Speaking to KFOR, Drummond said that St Isidore’s approval marks a “step down a slippery slope that will result someday in state funded Satanic schools, state funded Sharia schools”.The Guardian has reached out to both the archdiocese of Oklahoma City and the Statewide Virtual Charter School Board. The SVCSB said that it “does not comment on pending litigation”.Meanwhile, Oklahoma’s Republican governor Kevin Stitt praised the SVCSB’s decision back in June when it approved St Isidore’s application, calling it a “win for religious liberty and education freedom in our great state”.State superintendent Ryan Walters, who is named in the lawsuit, condemned the legal action as “religious persecution”, saying, “Suing and targeting the Catholic Virtual Charter School is religious persecution because of one’s faith, which is the very reason that religious freedom is constitutionally protected. A warped perversion of history has created a modern day concept that all religious freedom is driven from the classrooms,” Public Radio Tulsa reports.Other defendants of the school include Brett Farley, executive director of the Catholic Conference of Oklahoma, who told the National Catholic Register in June that the school will be “elevating the soul” of students.Farley also doubled down on the state’s funding of St Isidore, saying, “The only thing that would stop this is a court decision telling us we can’t do it.” More

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      Outrage as Republican says 1921 Tulsa massacre not motivated by race

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      The state official in charge of Oklahoma’s schools is facing calls for impeachment, after he said teachers should tell students that the Tulsa race massacre was not racially motivated.In a public forum on Thursday, Ryan Walters, Oklahoma’s state superintendent of public instruction, said teachers could cover the 1921 massacre, in which white Tulsans murdered an estimated 300 Black people, but teachers should not “say that the skin color determined it”.Walters is a pro-Trump Republican who was elected to oversee Oklahoma education in November. He has consistently indulged in rightwing talking points including “woke ideology” and has said critical race theory should not be taught in classrooms. Republicans have frequently conflated banning critical race theory with banning any discussion of racial history in classrooms.At the forum in Norman, Oklahoma, Walters was asked how the massacre could “not fall” under his broad definition of CRT.“I would never tell a kid that because of your race, because of your color of your skin, or your gender or anything like that, you are less of a person or are inherently racist.“That doesn’t mean you don’t judge the actions of individuals. Oh, you can, absolutely. Historically, you should: ‘This was right. This was wrong. They did this for this reason.’“But to say it was inherent in that … because of their skin is where I say that is critical race theory. You’re saying that race defines a person. I reject that.“So I would say you be judgmental of the issue, of the action, of the content, of the character of the individual, absolutely. But let’s not tie it to the skin color and say that the skin color determined it.”The Frontier, an Oklahoma-based investigative journalism organization, reported Walters’s comments.Speaking to the Guardian, Alicia Andrews, the chair of the Oklahoma Democratic party, described Walters as “ridiculous”.“How are you going to talk about a race massacre as if race isn’t part of the very cause of the incident?” Andrews said.“I would love for him to be impeached, because he’s forgotten that his job is superintendent of public instruction. Most of his actions have been with his direct intent of destroying public education in favor of shoring up private and charter schools on public tax dollars. To me that’s a clear dereliction.”According to the Oklahoma Historical Society, a state-run agency, the massacre is “believed to be the single worst incident of racial violence in American history”.The massacre saw white mobs burn down the Black neighborhood of Greenwood, in Tulsa, and kill hundreds of Black people.About 10,000 Black residents lived in Greenwood, which had a thriving business district, known as Black Wall Street, and was one of the most affluent Black neighborhoods in the US.After a 19-year-old Black man was falsely accused of sexual assault, white people, some conscripted by the state, launched an offensive on Greenwood, destroying homes and businesses across 35 city blocks.A Red Cross investigation found that more than 1,000 homes were burned during the massacre.“Thirty-five city blocks were looted systematically, then burned to a cinder,” the report said. “And the 12,000 population there scattered like chaff before the wind.”In a text, Walters, who has previously pushed a conspiracy theory that schools had installed litter boxes in classrooms to accommodate children who identified as cats, said “the media is twisting” his remarks.He provided two audio files which, upon review, confirmed what he said at the forum on Thursday.Walters said: “[The media] misrepresented my statements about the Tulsa race massacre in an attempt to create a fake controversy.“Let me be crystal clear that history should be accurately taught.“1. The Tulsa race massacre is a terrible mark on our history. The events on that day were racist, evil, and it is inexcusable. Individuals are responsible for their actions and should be held accountable.“2. Kids should never be made to feel bad or told they are inferior based on the color of their skin.”Kevin Stitt, the Republican governor of Oklahoma, did not respond to questions regarding Walters’s position.Andrews said Walters was “intentionally watering down history”.“As a Black woman, as a Black woman who lives in Tulsa, those remarks hit particularly hard and close to home,” Andrews said.“The Tulsa race massacre was absolutely motivated by race. Absolutely, 100%, motivated by race.“And I don’t even I don’t know how you pretend to talk about it without mentioning its motivation. How are you going to talk about a race massacre as if race isn’t part of the very cause of the incident?”She added: “We must learn from our history in order to not repeat it.” More

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      Cherokee Nation of Oklahoma could get first delegate to Congress in 200 years

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      Cherokee Nation of Oklahoma could get first delegate to Congress in 200 yearsThe tribe’s right to representation is detailed in the 1835 Treaty of New Echota, which forced them from their ancestral land The Cherokee Nation of Oklahoma moved a step closer on Wednesday to having a promise fulfilled from nearly 200 years ago that a delegate from the tribe be seated in Congress.Chuck Hoskin Jr, principal chief of the Cherokee Nation, was among those who testified before the US House rules committee, which is the first to examine the prospect of seating a Cherokee delegate in the US House. Hoskin, the elected leader of the 440,000-member tribe, put the effort in motion in 2019 when he nominated Kimberly Teehee, a former adviser to Barack Obama, to the position. The tribe’s governing council then unanimously approved her.Trump for 2024 would be ‘bad mistake’, Republican says as blame game deepens Read moreThe tribe’s right to a delegate is detailed in the Treaty of New Echota signed in 1835, which provided the legal basis for the forced removal of the Cherokee Nation from its ancestral homelands east of the Mississippi River and led to the Trail of Tears, but it has never been exercised. A separate treaty in 1866 affirmed this right, Hoskin said.“The Cherokee Nation has in fact adhered to our obligations under these treaties. I’m here to ask the United States to do the same,” Hoskin told the panel.Hoskin suggested to the committee that Teehee could be seated as early as this year by way of either a resolution or change in statute, and the committee’s chairman, the Massachusetts Democrat James McGovern, and other members supported the idea that it could be accomplished quickly.“This can and should be done as quickly as possible,” McGovern said. “The history of this country is a history of broken promise after broken promise to Native American communities. This cannot be another broken promise.”But McGovern and other committee members, including the ranking member, Representative Tom Cole of Oklahoma, a citizen of the Chickasaw Nation, acknowledged there are some questions that need to be resolved, including whether other Native American tribes are afforded similar rights and whether the Cherokee Nation of Oklahoma is the proper successor to the tribe that entered into the treaty with the US government.McGovern said he has been contacted by officials with the Choctaw Nation of Oklahoma and the Delaware Nation, both of which have separate treaties with the US government that call for some form of representation in Congress. McGovern also noted there were also two other federally recognized bands of Cherokee Indians that argue they should be considered successors to the 1835 treaty: the United Keetoowah Band of Cherokee Indians in Oklahoma and the Eastern Band of Cherokee Indians based in North Carolina, both of which contacted his office.The UKB selected its own congressional delegate, the Oklahoma attorney Victoria Holland, in 2021. Holland said in an interview with the Associated Press that her tribe is a successor to the Cherokee Nation that signed the 1835 treaty, just like the Cherokee Nation of Oklahoma.“As such, we have equal rights under all the treaties with the Cherokee people and we should be treated as siblings,” Holland said.Members of the committee seemed to be in agreement that any delegate from the Cherokee Nation would be similar to five other delegates from the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa and the Virgin Islands. These delegates are assigned to committees and can submit amendments to bills, but cannot vote on the floor for final passage of bills. Puerto Rico is represented by a non-voting resident commissioner who is elected every four years.TopicsNative AmericansOklahomaIndigenous peoplesHouse of RepresentativesUS politicsnewsReuse this content More

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      Indigenous Voters Mobilize in Midterm Elections

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      ANCHORAGE — Tesla Cox’s eyes filled with tears as she thought about watching her state elect its first Alaska Native to Congress this year, and what it could mean for the future.“If we can mobilize our people, we can really shift the way that our world is working for us,” said Ms. Cox, 31, who is Tlingit and gathered late last month with other Alaska Natives for a three-day convention, where their influence as a voting bloc was a major topic of discussion.“Our next steps are not just getting our people to go and vote, but getting our people to be the people that people vote for,” she said.Indigenous voters have become a major power center across the country in recent years, including in 2020, when the Navajo Nation and other Indigenous voters helped flip Arizona for President Biden. This Congress saw the first Native Hawaiian and Alaska Native elected and seated alongside enrolled members of tribes from Oklahoma and Kansas. The Senate confirmed Deb Haaland, a member of the Pueblo of Laguna, as the first Native American to serve as interior secretary.It is a trend that is expected to continue on Tuesday, when races that will determine control of both the House and Senate may come down to razor-thin margins in states with sizable Indigenous populations. There are nearly 90 Indigenous candidates on state and national ballots, according to a database maintained by Indian Country Today, a nonprofit news organization. Those candidates include Markwayne Mullin, an Oklahoma Republican who is likely to become the first Cherokee senator since 1925.“We’ve made a lot of progress in the country and we’ve made progress in the judiciary and in Congress and across the federal administrations,” said Chuck Hoskin Jr., the principal chief of the Cherokee Nation. “For us not to turn out during the midterms would send an unfortunate message to policymakers that our numbers aren’t there.”Alaska Native corporations have offered key endorsements that could help Representative Mary Peltola of Alaska, a Democrat who is Yup’ik, and Senator Lisa Murkowski of Alaska, a Republican who was formally adopted by a clan of the Tlingit tribe, keep their seats in Congress and overcome conservative challengers.Representative Mary Peltola, Democrat of Alaska, is the first Alaska Native in Congress.Ash Adams for The New York TimesSenator Lisa Murkowski of Alaska is the top Republican on the Senate Indian Affairs Committee.Brian Adams for The New York TimesThe five major tribal nations in Oklahoma have offered a rare joint endorsement of the Democratic candidate for governor, jolting the race into a tossup, while the Cherokee Nation has reignited its campaign for the United States to fulfill a nearly 200-year-old treaty and seat Kimberly Teehee as their congressional delegate.“We’ve been in a process of people awakening to the power of our collective voice,” said Judith LeBlanc, of the Caddo Nation in Oklahoma, and the executive director of Native Organizers Alliance. “That collective voice can manifest itself as political power on Election Day and in between election days on the issues that we’re advocating for.”The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.House Democrats: Several moderates elected in 2018 in conservative-leaning districts are at risk of being swept out. That could cost the Democrats their House majority.A Key Constituency: A caricature of the suburban female voter looms large in American politics. But in battleground regions, many voters don’t fit the stereotype.Crime: In the final stretch of the campaigns, politicians are vowing to crack down on crime. But the offices they are running for generally have little power to make a difference.Abortion: The fall of Roe v. Wade seemed to offer Democrats a way of energizing voters and holding ground. Now, many worry that focusing on abortion won’t be enough to carry them to victory.The assertion of political power and sovereignty comes as the Supreme Court seems poised to challenge some tribal authorities and protections and Indigenous voters face steep barriers to the ballot box. They could not vote in every state until 1957 and now face increasingly restrictive voting laws passed by state legislatures. Distances to polling stations still could require round trips of 100 or more miles for some voters.In May, a federal judge ruled that South Dakota violated portions of the National Voter Registration Act, which requires state officials to provide voter registration renewal guidance at several state-run agencies.“The majority of voting access laws that were passed since 2020 have all been passed in states where the Native vote is politically significant and it therefore targets Native voters,” Ms. LeBlanc said. “And it has a big impact, especially when it comes to early voting, access to voting, voting locations and transportation to voting locations.”Beyond representation in the highest seats of government, there has been an increased acknowledgment of needs of tribal communities across the country, though lawmakers say far more needs to be done to fulfill their obligations.A document circulated by Democrats on the Senate Indian Affairs Committee noted that lawmakers had approved the largest direct investment in tribal governments in American history in 2021 with passage of the $1.9 trillion stimulus law, and set aside billions of dollars for tribal health care, housing, broadband and transportation. Tribal nations and villages will receive funds through a new program created under the Biden administration to help them relocate and avoid the toll of climate change.People attending the Alaska Native Federation candidates forum in Anchorage last month. All of the top candidates in congressional elections made appearances.Brian Adams for The New York Times“It’s a long game and change doesn’t happen overnight,” said Allie Redhorse Young, of the Navajo Nation and founder of Protect the Sacred, who led voters on horseback to polling stations in 2020 and will lead a similar ride this year. “But as we continue to show up and as we continue to make our voices heard and ensure that our votes are counted, the more we will invest in this change.”In 1955, only one Alaska Native was elected to serve among the 55 delegates at the state’s constitutional convention. Sixty-six years later, Ms. Peltola made history in September as the first Alaska Native elected to Congress, when she was sworn in to finish the remainder of Representative Don Young’s term following his death. She is running for her first full term representing a state where Alaska Natives account for about 15 percent of the population.“It’s a remarkable evolution, really,” said William L. Iggiagruk Hensley, 81, a Democrat who is Inupiaq and served as a state senator. He was among those who were instrumental in the passage of the Alaska Native Claims Settlement Act, which set aside about 44 million acres for a dozen regional native corporations in 1971 and elevated Alaska Natives into a pivotal role for the new state’s economy.“Our people have seen the importance of participating in the political process and have done so extensively,” he added.Mr. Hensley, like others who gathered for three days in Anchorage at the Alaska Federation of Natives convention, pointed to the role of Alaska Natives in helping Ms. Murkowski mount a successful write-in campaign in 2010 as another moment that underscored their political might. Ms. Murkowski has worked closely with Senator Brian Schatz, Democrat of Hawaii, to direct millions of dollars to the Indigenous communities in their states as the top lawmakers on the Senate Indian Affairs Committee.William L. Iggiagruk Hensley, Faye Ewan and Tesla Cox.Brian Adams for The New York TimesRyen Aavurauq Richards, who is Inupiaq, said she has seen that change in recent years, in part because Indigenous voters have come together more frequently advocating issues that impact their way of life, from commercial fishing to taking care of their lands. She once felt disconnected from the political process because to her the outcome of races in Alaska appeared predetermined.“The more that all of us tribes come together and discuss these big issues and work on them together — I feel like it has shifted my perspective and I can see a difference,” said Ms. Richards, 34, a peer support specialist based in Palmer.Beyond national representation, Indigenous organizations are urging participation in state elections as they fight to maintain gaming rights as a crucial part of their economy. Communities are also working to keep salmon from going extinct in the Columbia River Basin in the Pacific Northwest.Preservation of natural resources has been particularly acute in Alaska, where attendees at the convention cheered for Ms. Peltola’s emphasis on a “pro-fish” platform and others spoke about how they had become more involved in the push for better subsistence fishing in their regions.“We’re fighting for our salmon, we’re fighting for our food — that’s our way of life,” said Faye Ewan, 68, who lives in the Native Village of Kluti-Kaah and is a longtime champion for Indigenous sovereignty over fishing. “It’s sacred.”But like other elders, she said she had seen a change in the organizing and impact of Indigenous voters.“The younger generation is more educated and more aware of the policies,” Ms. Ewan said. More

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      Cherokees Ask U.S. to Make Good on a 187-Year-Old Promise, for a Start

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      The demand that Congress honor a treaty and seat a nonvoting delegate comes amid growing clashes over sovereignty and a tight race for Oklahoma’s governor, a Cherokee citizen.TAHLEQUAH, Okla. — In 1835, U.S. officials traveled to the Cherokee Nation’s capital in Georgia to sign a treaty forcing the Cherokees off their lands in the American South, opening them to white settlers. The Treaty of New Echota sent thousands on a death march to new lands in Oklahoma.The Cherokees were forced at gunpoint to honor the treaty. But though it stipulated that the Nation would be entitled to a nonvoting seat in the House of Representatives, Congress reneged on that part of the deal. Now, amid a growing movement across Indian Country for greater representation and sovereignty, the Cherokees are pushing to seat their delegate, 187 years later.“For nearly two centuries, Congress has failed to honor that promise,” Chuck Hoskin Jr., principal chief of the Cherokee Nation, said in a recent interview in the Cherokee capital of Tahlequah, in eastern Oklahoma. “It’s time to insist the United States keep its word.”The Cherokees and other tribal nations have made significant gains in recent decades, plowing income from sources like casino gambling into hospitals, meat-processing plants and lobbyists in Washington. At the same time, though, those tribes are seeing new threats to their efforts to govern themselves.A U.S. Supreme Court tilting hard to the right seems ready to undermine or reverse sovereignty rulings that were considered settled, while new state laws may affect how schools teach Native American history. And tribes are embroiled in a caustic feud with Oklahoma’s Republican governor — despite his distinction as the first Cherokee citizen to lead the state — that has helped to make his re-election bid next week a tossup.Amid such challenges, the Nation is trying to cobble together bipartisan support for its delegate, who, if seated, would resemble the nonvoting House members representing several territories and the District of Columbia. Such delegates cannot take part in final votes, but can introduce legislation and serve on committees.A new hospital for the Cherokee Nation in Tahlequah. Many tribal nations are pouring income from sources like casino gambling into health care and other needs.Joseph Rushmore for The New York TimesKimberly Teehee, the Cherokee Nation’s nominated delegate for a nonvoting seat in Congress. She is a Democrat and former adviser to President Barack Obama.Joseph Rushmore for The New York TimesKimberly Teehee, nominated in 2019 for the delegate position, said the role would open a new space for Indigenous representation. “We have priorities that are similar to other tribes when it comes to deployment of dollars, accessing health care, public safety, preserving our culture,” Ms. Teehee said. “This treaty right allows us to have a seat at the table.”The Cherokee Nation has about 430,000 citizens, Ms. Teehee said, which is more than the combined population of American Samoa, Guam, the Northern Mariana Islands and the U.S. Virgin Islands, all of which have their own delegates in Congress.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.Governor’s Races: Democrats and Republicans are heading into the final stretch of more than a dozen competitive contests for governor. Some battleground races could also determine who controls the Senate.Democrats’ Mounting Anxiety: Top Democratic officials are openly second-guessing their party’s pitch and tactics, saying Democrats have failed to unite around one central message.Social Security and Medicare: Republicans, eyeing a midterms victory, are floating changes to the safety net programs. Democrats have seized on the proposals to galvanize voters.Debunking Misinformation: Falsehoods and rumors are flourishing ahead of Election Day, especially in Pennsylvania. We debunked five of the most widespread voting-related claims.So far, the Nation has drawn backing from Native American leaders across the country, as well as measured support from members of Oklahoma’s congressional delegation, including Representative Tom Cole, a Republican and member of the Chickasaw Nation.The House Rules Committee, led by Mr. Cole and Representative Jim McGovern, a Democrat from Massachusetts, is expected to hold a hearing on the Cherokee delegate in mid-November. Even if control of Congress changes in next week’s midterm elections, that could open the way for a vote before the end of the year.Tribal nations across the United States are closely following the debate, eyeing the possibility that it could set a precedent. The Choctaw Nation may also have the right to a delegate under the Treaty of Dancing Rabbit Creek of 1830, signed before its removal from what is now Mississippi. Similarly, the Delaware Nation’s treaty with the United States in 1778 could allow its members a delegate.“I think you’ll see a significant outcry from the rest of Indian Country saying, ‘We want one, too,’” said M. Alexander Pearl, a law professor at the University of Oklahoma and a citizen of Chickasaw Nation. “And I think that they’re right.”Still, the Cherokees could face headwinds in the deeply divided House. Ms. Teehee is a Democrat and former adviser to President Barack Obama. A spokesman for Representative Kevin McCarthy, the House Republican leader, did not immediately respond to an inquiry about the Cherokees’ effort.Mr. Cole, the Oklahoma Republican, has said that he doesn’t object to seating the delegate, but he also noted that “there’s a lot of challenges to it,” including the question of dual representation in the House.“There’s a lot of people that will say, ‘Well, that delegate’s chosen by a council, not by a general election,’” Mr. Cole said this year. “And Cherokees then get two votes: your vote for a council member and their vote for the congressman of their own district, so they sort of get to two bites of the apple.”Downtown Tahlequah on the Cherokee Reservation. The Cherokees were forced to march to Oklahoma after their land in the American South was signed over for use by white settlers.Joseph Rushmore for The New York TimesSeveral Cherokee leaders and representatives of the federal government celebrated the opening of a meat-processing plant in Tahlequah last month.Joseph Rushmore for The New York TimesA report by the Congressional Research Service raised other potential legal issues, including the possibility that the delegate provision would not apply now that Oklahoma is a state, not Indian Territory.The debate is lifting the veil on one of the most contentious periods between the United States and Indigenous peoples, when about a quarter of the 16,000 Cherokees who walked what’s known as the Trail of Tears died on their way to Oklahoma. “This is a chance to finally reckon with ethnic cleansing, and massive and catastrophic loss of life,” said Julie Reed, a historian and Cherokee Nation citizen who teaches at Penn State University.The push for a delegate after nearly two centuries also reflects the wider effort by Native Americans to exercise self-governance in ways that would have been unrecognizable to previous generations in Indian Country, a federal designation for land under tribal jurisdiction.Native candidates have recently won congressional seats in states ranging from Alaska to Kansas. Some tribes are buying back ancestral lands. And Indigenous nations are expanding their own criminal justice systems across the country.“The 1950s was the lowest point of Indian sovereignty,” said Robert J. Miller, a citizen of the Eastern Shawnee Tribe of Oklahoma and a law professor at Arizona State University, citing the failed attempt by the U.S. government to disband tribes and relocate their members to cities. “The comeback has been incredible.”Such breakthroughs, however, are taking place against the backdrop of other challenges, including those before the Supreme Court. In one ruling in June that upended longstanding precedents, the justices expanded the power of state governments over tribal nations.The 5-4 ruling, which allows states to charge non-Indians for crimes committed against Indians on tribal land, stunned experts on Native American law and weakened a major decision from just two years before that had established the authority of tribal or federal courts on Indian land. (Tribal courts would retain authority over Native Americans who commit crimes on the reservation.)Another case set to be heard by the court this year, challenging a 1978 law giving Native Americans preference in adopting Native children, could be just as unsettling. The law was intended to put an end to policies allowing Native children to be forcibly taken from their homes and placed by child welfare agencies in non-Native homes.Plaintiffs, including the State of Texas, argue that the law created a system illegally based on race. But many tribal nations, including the Cherokees, have lined up against the challenge.New measures at the state level are also flaring tempers, including an Oklahoma law banning schools from teaching material that could cause students discomfort or psychological stress because of their race.Fourth graders studying at the Cherokee Immersion School. A lawsuit by teachers and civil rights advocates says that an Oklahoma law could limit the teaching of Native American history.Joseph Rushmore for The New York TimesChuck Hoskin Jr., principal chief of the Cherokee Nation, center, said it was “time to insist the United States keep its word” and seat a Cherokee delegate to Congress.Joseph Rushmore for The New York TimesGov. Kevin Stitt signed the law as part of a wave of legislation against “critical race theory,” a phrase used by conservative leaders to describe what they see as efforts to infiltrate classrooms with lessons about structural racism.A lawsuit by teachers and civil rights advocates warned that the law could silence classroom discussion about subjects like the Trail of Tears. And a high school English teacher in the town of Dewey, Okla., recently said she would stop teaching “Killers of the Flower Moon,” the best-selling book by David Grann about the murders of wealthy Osage people in the 1920s.Because the Osage were targeted for their race, the teacher told The Oklahoman that she was afraid of losing her license under the new law.Whitney Red Corn, a director of an early learning center and member of the Osage Nation Congress, said the law felt like “pushback” at a time when tribal nations were exercising rights. “It’s heartbreaking for me that something from our history could be avoided because it’s hard to hear,” said Ms. Red Corn, who took part in an Osage vote calling for the repeal of the law.One of the most bitter disputes of the moment involves Oklahoma’s largest tribes and Governor Stitt, a mortgage banker. After taking office, the governor proposed sharp increases in the fees that the tribes pay to operate more than 100 casinos around the state, prompting backlash.Mr. Hoskin, the Cherokee chief, said he expected a different approach from Mr. Stitt as a citizen of the Cherokee Nation. (The New York Times and High Country News previously reported on claims that his citizenship may have been fraudulently obtained by an ancestor, which Mr. Stitt has called “unsubstantiated slander.”)Mr. Stitt has clashed repeatedly with Oklahoma’s tribes. In June, he celebrated the Supreme Court ruling diluting the authority of tribal nations. Donelle Harder, a spokeswoman for Mr. Stitt, declined to say directly whether he supported or objected to the efforts to seat a Cherokee delegate.Regarding Mr. Stitt’s relations with tribal nations, Ms. Harder said, “Governor Stitt has worked to create more fair opportunities for all sovereign nations and all people who call Oklahoma home.”Five of Oklahoma’s largest tribes have publicly endorsed Mr. Stitt’s rival, Joy Hofmeister, a former Republican who switched parties last year. Recent polls in the heavily Republican state have shown the race in a dead heat.Mr. Hoskin called the clash with Mr. Stitt a crucial factor in the Cherokee efforts to bolster sovereignty: “I think he’s the most anti-Indian tribe governor in the history of this state.”Emily Cochrane More

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      Governor’s Races Enter Final Sprint on a Scrambled, Surprising Map

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      Deep-red Oklahoma is in play for Democrats. New York and Oregon are within reach for Republicans. And several swing states have tight races with high stakes on abortion, elections and other issues.Democrats and Republicans raced on Saturday into the final stretch of more than a dozen competitive contests for governor, as the G.O.P. moves within striking distance of flipping the top office in a series of blue and battleground states and Democrats show surprising strength in several other contests.With pivotal races for the House and the Senate appearing to shift toward Republicans, the nation’s far more variable and highly consequential races for governor are drawing huge influxes of money. Democrats are also sending in their cavalry, dispatching former President Barack Obama to a rally in Georgia on Friday before appearances in Michigan and Wisconsin on Saturday and in Nevada on Tuesday.The stakes in these races have become broader and clearer in recent months. The Supreme Court has given states the power to write their own abortion laws, and Republican candidates in places including Arizona, Michigan, Pennsylvania and Wisconsin have embraced former President Donald J. Trump’s lies about the validity of the 2020 election.Republican candidates for governor, who enjoy a favorable political environment but in many states are being outspent by Democrats, have slammed the airwaves with an avalanche of crime ads. Incumbent Democrats have hit back by pointing to money they have pumped into law enforcement agencies and hammering Republicans for opposing abortion rights.The current president and his predecessor, both unpopular with swing voters, are absent from the closest races. President Biden recently stumped for the party’s struggling nominee in liberal Oregon and is headed to New Mexico next week. Mr. Trump is holding rallies in places that are safe for his party, like Iowa and Texas, or where he is aiming to prop up Senate candidates, as in Pennsylvania and Ohio.While the governor’s race in deep-red Oklahoma has become newly competitive for Democrats, and the party has a comfortable lead in divided Pennsylvania, the sour national mood has put the leadership of blue states like New York, New Mexico and Oregon within reach for Republicans. A G.O.P. governor in any of those states could block efforts to expand abortion access and other Democratic priorities.Some Democratic candidates, trying to turn the narrative around, have gone so far as to claim they are fighting an uphill battle — even in New York, where Democrats outnumber Republicans by two to one.“I’ve always said I was an underdog,” Gov. Kathy Hochul said in Queens on Friday, a day before her Republican opponent, Representative Lee Zeldin, was set to appear with Gov. Ron DeSantis of Florida. “There’s circumstances sometimes you can’t control. You don’t know what’s happening nationally. There’s national waves. There’s a lot of forces out there.”Gov. Kathy Hochul with President Biden in Syracuse on Thursday. Democrats are throwing money into a last-ditch push to shore up her campaign against Representative Lee Zeldin. Kenny Holston for The New York TimesRepublicans have solidified their hold on the traditional presidential battlegrounds of Florida and Ohio, with incumbent governors building enormous fund-raising advantages and sizable polling leads, and Democrats have all but given up in those states. In Texas, Gov. Greg Abbott has never been seriously threatened by former Representative Beto O’Rourke.In Michigan, Gov. Gretchen Whitmer, a Democrat who has centered her campaign on her effort to maintain abortion rights, is confronting a narrowing race against her Republican challenger, Tudor Dixon, though she still holds polling and financial edges. Mr. Obama will hold a rally for Ms. Whitmer in Detroit on Saturday.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.Bracing for a Red Wave: Republicans were already favored to flip the House. Now they are looking to run up the score by vying for seats in deep-blue states.Pennsylvania Senate Race: The debate performance by Lt. Gov. John Fetterman, who is still recovering from a stroke, has thrust questions of health to the center of the pivotal race and raised Democratic anxieties.G.O.P. Inflation Plans: Republicans are riding a wave of anger over inflation as they seek to recapture Congress, but few economists expect their proposals to bring down rising prices.Polling Analysis: If these poll results keep up, everything from a Democratic hold in the Senate and a narrow House majority to a total G.O.P. rout becomes imaginable, writes Nate Cohn, The Times’s chief political analyst.In an interview on Friday, Ms. Dixon, who opposes abortion rights, said she had “been on television and radio as much as possible” to make up for Ms. Whitmer’s cash advantage. Since the beginning of September, the governor and Democrats have spent four times as much on television ads as Ms. Dixon and Republican groups have.Asked if she would welcome a final-week visit by Mr. Trump, who last held a rally in the state on Oct. 1, Ms. Dixon mentioned a different surrogate — one who three years ago was running for president as a Democrat.“We’ve already had President Trump here,” she said. “We have other great people. Tulsi Gabbard is coming in this weekend.”Tudor Dixon with her family in Muskegon, Mich. Her campaign has far less money than Gov. Gretchen Whitmer, but polls in their race have narrowed.Emily Elconin for The New York TimesMs. Whitmer said that “Potus was here a while ago, and having Barack Obama here now is great,” referring to Mr. Biden by his presidential acronym. She added, “The whole world understands Michigan is a really important state on the national map and the consequences of this race are big.”The lone incumbent Republican governor in a competitive race is Brian Kemp of Georgia, who is leading his rematch with Stacey Abrams, the Democrat who lost to him narrowly in 2018. Polls show Mr. Kemp with a solid advantage, though there is some doubt about whether he will eclipse the 50 percent threshold needed to avoid a runoff in December..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.And in Arizona’s open-seat race for governor, the Republican nominee, Kari Lake, a television anchor-turned-Trump acolyte, is in a close race with Katie Hobbs, the Democratic secretary of state, who is widely seen as having mounted a lackluster campaign. A victory by Ms. Lake could have major implications for future elections in Arizona, given her relentless false claims that the 2020 contest was stolen.Yet the presence on the ballot of Senator Mark Kelly, a Democrat who has led in polls of his race, may help Ms. Hobbs survive.Unlike other Democratic candidates for governor in battleground states, Josh Shapiro, right, of Pennsylvania has a healthy lead in the polls.Ruth Fremson/The New York TimesIn some states, Democratic candidates are putting up a stiff challenge or are even ahead. In 12 of the 13 closest governor’s races, the Democratic candidates and their allied groups have spent more money on television advertising since Sept. 1 than their Republican opponents have, according to AdImpact, a media tracking firm.In Pennsylvania, Josh Shapiro, the Democratic nominee, has built a yawning gap between himself and his underfunded far-right rival, Doug Mastriano, who has promised to ban abortion without exceptions and enact major new voting restrictions. Democrats are also far ahead of Trump-endorsed Republicans in Maryland and Massachusetts, liberal states where moderate Republicans have had recent success in governor’s races.But Democrats who swept into governor’s mansions in the 2018 electoral rejection of Mr. Trump now find themselves battling decades of history. Michigan and Wisconsin — where Gov. Tony Evers, a Democrat, is neck-and-neck with Tim Michels, a Republican — have not elected a governor of the same party as the sitting president since 1990, while Kansas and New Mexico have not done so since 1986.Tim Michels, the Republican nominee in Wisconsin, is in a razor-thin race against Gov. Tony Evers, a Democrat. Jamie Kelter Davis for The New York TimesAt the same time, Republicans, who hold 28 governorships compared with Democrats’ 22, are attacking their Democratic rivals over crime in contests across the country.Few Republicans in close races have done so quite like Mark Ronchetti, a former TV weatherman running against Michelle Lujan Grisham, the Democratic governor of New Mexico, which Mr. Biden won by 10 percentage points in 2020.Since the beginning of September, 82 percent of the television ad spending from Mr. Ronchetti and the Republican Governors Association has been about crime, according to AdImpact data. Of all of the nation’s Republican candidates for governor, only Mr. Zeldin in New York has made crime more of a focus of his ads.Albuquerque, whose metropolitan area includes about half of New Mexico’s population, set a record for homicides in 2021. The killings are a staple of local television news coverage, so Mr. Ronchetti’s ads bashing Ms. Lujan Grisham on crime are often sandwiched between those news reports.“We’ve always had challenges of making sure we can have a safe city,” Mr. Ronchetti said in an interview. “For the most part, this was a safe place to raise your kids. But it’s gotten out of control.”Ms. Lujan Grisham’s closing advertising features sheriffs saying she has provided funding for more police officers. Democratic advertising has also highlighted Mr. Ronchetti’s opposition to abortion.Perhaps no Democratic nominee has put up as surprising a performance as Joy Hofmeister in Oklahoma.Joy Hofmeister, left, and Gov. Kevin Stitt of Oklahoma during their debate, when she pointed out that the state’s violent crime rate was higher than that of California and New York. Sarah Phipps/The Oklahoman, via Associated PressMs. Hofmeister, the state’s superintendent of public instruction, had a viral debate moment this month when she correctly noted that Oklahoma’s violent crime rate under Gov. Kevin Stitt, a Republican, was higher than the rates in California and New York.Mr. Stitt protested that it wasn’t true.“Oklahomans, do you believe we have higher crime than New York or California?” he said. “That’s what she just said.”In an interview on Thursday, Ms. Hofmeister credited her strength in Oklahoma, where Mr. Trump won 65 percent of the vote in 2020, to focusing on local issues even as Mr. Stitt tries to nationalize the race by tying her to Mr. Biden.“He is reading from a national script,” she said. “It has absolutely nothing to do with reality. It’s this formula that he thinks somehow is going to work.”Luis Ferré-Sadurní More

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      ‘Innocent is innocent, period’: Richard Glossip on facing execution again

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      ‘Innocent is innocent, period’: Richard Glossip on facing execution again Oklahoma man has had his execution temporarily called off several times since he was sentenced to death as the list of flaws in the prosecution case grows longer by the dayRichard Glossip is intimately acquainted with the cell in Oklahoma state penitentiary known as “LL”. He’s been inside its 8ft by 12ft grey walls three times, waiting to be taken to the room next door – the death chamber.Glossip was brought into the cell each time at 3am on the morning of his scheduled execution. In a letter and phone call with the Guardian from death row in McAlester, Oklahoma, last week, he described what it was like spending what he thought were his final few hours inside LL as the clock ticked down.“One side of the cell is covered in bright lights that never go off, like you are out in the sun,” he said. “You are watched by cameras as well as a guard who sits outside your door 24/7.”As Glossip’s date with death grew closer, guards started holding mock executions. They would lead an actor dressed in prison uniform into the death chamber, strap him on the gurney and then role-play the execution procedure from start to finish.The entire dress rehearsal was carried out in Glossip’s full view. “I could see everything. I could have stayed in the back of the cell and tried not to watch, but I didn’t because I knew I was next.”The most recent time Glossip was in cell LL was on 30 September 2015. “It was the hardest day of my life,” he said.He remembers shivering in his boxer shorts, pacing up and down to keep warm in the cell which was cold as a meat locker. He repeatedly asked the guards what was happening, and could he talk to his attorney.No idea, and no, they replied.“The execution team was supposed to come and get me within 15 minutes and take me in [to the death chamber]. But nobody came. I paced and paced, prayed harder than I ever have. ‘Please God, stop them from doing this to me’.”Two hours after his scheduled execution time, a man in a suit entered LL and told Glossip that he had been granted a stay. “It was like the heaviest weight had been lifted off of me,” he said. “My prayers were answered.” The euphoria the prisoner felt after each of his three executions were temporarily called off didn’t last long. Not when a state as relentless in its pursuit of capital punishment as Oklahoma was out to get him.He was sentenced to death for the 1997 murder of Barry Van Treese, owner of a Best Budget motel in Oklahoma City where Glossip worked as manager. No one has ever accused him of actually killing Van Treese.Rather, Justin Sneed, a maintenance worker at the motel with a methamphetamine habit, confessed that all on his own he beat Van Treese to death with a baseball bat. Sneed later turned state’s witness and testified that Glossip had ordered the murder.On the strength of Sneed’s testimony, with no other forensic or corroborating evidence, the state secured a death sentence for Glossip while the sole killer, Sneed, was given life without parole. Glossip, who went through two trials in 1998 and 2004 and was convicted twice, has always pleaded innocence.In August, Oklahoma’s governor Kevin Stitt granted Glossip another reprieve, ordering a 60-day stay to give the courts time to consider new evidence. The postponement came just a day before the prisoner was due to be put back into “death watch”, the month-long formal countdown which ends with him being put in cell LL.Now the whole grim process is starting up again. A new execution date has been set and unless something dramatic happens Glossip, 59, will before long find himself once again back inside LL at 3am, watching the clock tick down.It’s a prospect that leaves his lawyer, Don Knight, profoundly troubled. He is distressed that his client has been brought so close to execution multiple times, likening the trauma to the way Islamic State has taken hostages to be beheaded and then called off the killing only to repeat it the following day.“That’s where we are, we’ve fallen that low,” Knight said.The lawyer is also deeply concerned about Glossip because he is convinced that an innocent man is facing imminent execution. Knight has been involved in about 50 capital cases and for him, the Glossip case stands in a league of its own.“From the very first moment I saw this case, it never made any sense,” he said in an interview. “It was blatantly obvious to me, from the start, that this was a bad prosecution.”Last year the global law firm Reed Smith was invited by state legislators to take a close look at the Glossip conviction. They produced a 343-page report which revealed a spate of alarming deficiencies in the prosecution.The firm discovered that the police investigation into Van Treese’s murder had been glaringly mishandled. Sneed, the sole killer and the state’s star witness, had been contaminated – he only implicated Glossip as the mastermind behind the murder after detectives invoked the motel manager’s name six times during the interrogation.Reed Smith revealed that critical physical evidence and financial documents had been destroyed by prosecutors before Glossip’s trial – a gross violation of legal process – while other evidence that could have transformed the case was never presented to the jury. The firm concluded that “no reasonable juror hearing the complete record would have convicted Richard Glossip of first-degree murder”.Since the Reed Smith report was released in June, an avalanche of new information has been obtained casting further doubt on the conviction and death sentence.Investigators found a handwritten letter from Sneed to his defense lawyer dated 2007, three years after the killer’s testimony at trial sent Glossip to death row. “There are a lot of things right now that are eating at me. Somethings I need to clean up,” he wrote. “I think you know were (sic) I’m going it was a mistake reliving this.”Fresh doubt about the Sneed’s reliability as a witness has surfaced in the past two weeks. Reed Smith has put out new findings that show that he discussed “recanting” his testimony with several people over an 11-year period.The most powerful new evidence points to allegedly improper communications between the lead prosecutor at Glossip’s trial, Connie Smothermon, and Sneed’s lawyer Gina Walker (who died in 2020). Lawyers for Glossip argue this was a breach of sequestration – the rule that prevents witnesses hearing what other witnesses say to avoid tainting their testimony.Documents disclosed by the state attorney general last month contained email exchanges between Smothermon and Walker. In them, the prosecutor raised concerns about a specific aspect of Sneed’s testimony – a knife.Sneed had told police that he was the only person present when he battered Van Treese to death. He also insisted that he had not used a knife in the attack.Yet on 25 May 2004 the medical examiner at Glossip’s trial, Dr Chai Choi, told the jury that the victim had puncture wounds on the body and that these amounted to a “stabbing type injury”. A knife was found underneath Van Treese’s corpse.How could Van Treese have cuts on his body when Sneed was the only attacker but did not use the knife? According to Reed Smith investigators, Smothermon sent an email to Sneed’s lawyer on the same day as Choi’s testimony.“Our biggest problem is still the knife,” the prosecutor told Walker. “The victim and Justin both have ‘lacerations’ which could be caused from fighting / falling on furniture with edges or from a knife blade.”She ended the email on a note of urgency. Referring to Sneed, she said: “We should get to him this afternoon.”The next day, 26 May 2004, Sneed addressed the jury at Glossip’s retrial. He now told a very different story, saying that did indeed stab Van Treese in the chest.“It now appears that Sneed tailored his testimony on the use of the knife,” Reed Smith concluded.Unreliable star witness, incompetent police investigation, destroyed evidence, manufactured testimony – the list of flaws in the prosecution case grows longer by the day. “The whole thing from Walker and Smothermon, and Sneed’s changed testimony, it disgusts me,” Knight said.Justin Humphrey, a Republican legislator in Oklahoma, used even sharper words. At a press conference to reveal the new evidence last month, he introduced himself as a “strong proponent of the death penalty”.Then he addressed the prosecutors who had secured Glossip’s death sentence on seemingly shakey grounds: “You put a person on death row, you are looking at taking a person’s life. Which makes you no better than a murderer to me – why would you do that? Why would you manufacture evidence?”The Guardian invited Smothermon, now teaching at the University of Oklahoma, to comment but she did not immediately respond. In a statement, Oklahoma’s current attorney general John O’Connor said that he had seen “no evidence” of Glossip’s innocence.“It is disappointing that Glossip’s supporters are criticizing law enforcement, prosecutors, juries, and judges in an attempt to distract the public from the evidence beyond a reasonable doubt of Glossip’s guilt,” O’Connor said.Glossip now has two petitions before the Oklahoma court of criminal appeals calling for a new evidentiary hearing.Knight said that what has happened to Glossip should worry all of us. “This is what happens when the state is allowed to run amok. They can convict anybody of anything. And that’s what happened here. They poured their resources on top of an ordinary guy to show what they could do. And when that’s the case, none of us are safe.”Glossip has been given a new execution date: 8 December. “The clock is ticking again. I can feel it,” he said.On two separate occasions, he was offered a plea deal that would have taken him off death row and given life without parole instead. Both times he declined; he was not prepared to plead guilty to something he says he did not do.“Innocent is innocent, period,” he wrote to the Guardian.I asked him during the prison phone call whether he would regret making that decision were he to find himself, on 8 December, back in cell LL.“I mean yes,” he said. “I still believe that innocent is innocent. You fight again.”Whatever comes?“Whatever comes,” he said.TopicsCapital punishmentOklahomaUS politicsfeaturesReuse this content More