How A Horrific Murder In Oklahoma Might Turn Half The State Into An Indian Reservation...

  • Birt 8 dögum síðan

    Philip DeFrancoPhilip DeFranco

    Lengd: 11:02

    Thanks for tuning in! Bonus morning video incoming…
    Wanna support what we’re making? DeFrancoElite.com - Subscribe today!
    ------------
    Latest PDS:
    Watch the Morning Shows:
    ------------
    Follow Me On
    ------------
    TWITTER: Twitter.com/PhillyD
    FACEBOOK: on.fb.me/mqpRW7
    INSTAGRAM: instagram.com/phillydefranco/
    ------------
    Sources/Important Links:
    ------------
    www.supremecourt.gov/oral_arguments/argument_transcripts/2018/17-1107_4gcj.pdf
    www.supremecourt.gov/DocketPDF/17/17-1107/34619/20180206172951133_17-__PetitionForAWritOfCertiorari.pdf
    www.scotusblog.com/2018/12/justices-call-for-more-briefing-in-dispute-about-oklahoma-prosecutions-of-native-americans/
    www.washingtonpost.com/outlook/2018/11/28/half-land-oklahoma-could-be-returned-native-americans-it-should-be/?utm_term=.42a17424be8a
    www.ca10.uscourts.gov/opinions/07/07-7068.pdf
    www.supremecourt.gov/DocketPDF/17/17-1107/38438/20180309192355230_17-1107%20Royal%20v.%20Murphy.pdf
    newrepublic.com/article/147472/grisly-murder-case-turn-half-oklahoma-back-tribal-lands
    www.cityofgroveok.gov/building/page/tribal-muscogee-creek-nation-indian-territory
    digital.lib.washington.edu/dspace-law/bitstream/handle/1773.1/178/Koski_Author%20Copy.pdf?sequence=1
    www.oyez.org/cases/2018/17-1107
    ------------
    Wanna send us stuff?
    ATTN: Philip DeFranco - Rogue Rocket
    4804 Laurel Canyon Blvd. Box - 760
    Valley Village, CA 91607
    ------------
    Wanna listen on the go?
    -ITUNES: PDSPodcast.com
    -SOUNDCLOUD: soundcloud.com/thephilipdefrancoshow
    ________________________
    Edited by: Aaron Pepper, Julie Goldberg, James Girardier
    Produced by: Amanda Morones
    Art Director: Brian Borst
    Writing/Research: Philip DeFranco, Cody Snell
    ------------
    #Oklahoma #Reservation #SupremeCourt
    ------------

    Oklahoma  Reservation  Carpenter v Murphy  court case  tribal land  tribes  history  history lesson  Supreme Court  Tulsa  Muscogee Creek  Patrick Murphy  Andrew Jackson  Trail of Tears  indian reservation  reservation  DeFranco  Philip DeFranco  The Philip DeFranco Show  philly d  sxephil  news  politics  breaking news  world news  international news  response satire  satire news  current event  current events  

Blane Pillai
Blane Pillai

When the judge herself says something unfounded with such disregard. Guzi ai.

8 klukkustundum síðan
Melanie Drake
Melanie Drake

What punishment would he get for this horrible murder according to Indian laws? This is quite a scary situation that he would just be let go cause of where he decided to brutally murder this innocent man....

17 klukkustundum síðan
Damien Edmiston
Damien Edmiston

To be honest, this is such a complicated issue. On one hand I agree that the land should be recognized as a reservation. However, the reopening of past criminal cases could pose a big problem, at pointed out, those past the statute of limitations and bringing up trauma to victims. It would be easy to say that "from here on out, trials will be dealt with in tribal courts, but cases that have already reached a verdict are not effected" but I feel like it's not that simple and could in fact open the doors to more problems.

17 klukkustundum síðan
Isabel Mitri
Isabel Mitri

What can I do about this?

18 klukkustundum síðan
Brian Watson
Brian Watson

Look up the IMDB for the movie "Wind River" Then look up Tribal laws as it pertains to each individual tribe.

21 klukkustund síðan
M Barranca
M Barranca

Your sub from Oklahoma :-/

Degi Síðan síðan
Samantha Swamwich
Samantha Swamwich

Oh fuck is the audio bad on this wyd bb

Degi Síðan síðan
East Coast Freestyle
East Coast Freestyle

So the states argument is hey we've been fuckin them this long why stop now

Degi Síðan síðan
Can't B you
Can't B you

It's great to see you do the real news instead of just another TMZ

Degi Síðan síðan
Two Good
Two Good

seems like the murder is open and shut. However I do just LOVE the gymnastics that history has gone through. As horrendously awful relocating the Natives was, seeing the just slow dicking they got in the decades to come I'm not sure it was actually a kindness to deed land to their nations. Such paper platitudes, "Hey, were gonna take your shit! But don't worry you get this real neat land over here until we say you don't"

Degi Síðan síðan
The Kilt Guy
The Kilt Guy

You can claim or identify as an indian but if you don't have a CDIB card you should not be able to claim to be indian to get out of jail or prison. If you live on a reservation most indians have a CDIB card.

Degi Síðan síðan
Eazy
Eazy

I really, really hate the American government. their selfish, power/money hungry and don't care for anyone even there own people and.. AUSTRALIA #1

Degi Síðan síðan
HarryMonmouth
HarryMonmouth

A reservation is a pretty big deal. Something like that should not be able to be destroyed by implication. If the government wanted to get rid of them, then they would have to be pretty explicit they wanted to do so. If they did, then there are going to be some pretty hefty ethical arguments to overcome. You can't escape that task, by sneakily, and gradually changing and altering things to the point where you can say, 'Ha, beat you. No more reservation for you. Ha ha.' Additionally, the only people who can stand a chance of ending the reservation, with even so much as a halfway ethically supportable stance, is the native nations themselves.

Degi Síðan síðan
James IDK
James IDK

My girlfriend lives there -stops and thinks- Oh. Shit

Degi Síðan síðan
Adam Daly
Adam Daly

6:34 That's not a fucking human voice

2 dögum síðan
GlitchedWolfe
GlitchedWolfe

Indian? They're called Aboriginal or First Nations peoples. Indians are people FROM INDIA

2 dögum síðan
Alex Harris
Alex Harris

YouTube just now notified me about this video and put it in my subscriptions

2 dögum síðan
lendial
lendial

godamn american history is awful and cruel

2 dögum síðan
Apache Sparatan
Apache Sparatan

Same shit just different day...

2 dögum síðan
Nicholas Hogan
Nicholas Hogan

This is the most interesting court debate I've seen in years. I'd love to see follow up when it's settled.

2 dögum síðan
Hitesh Sharma
Hitesh Sharma

Good Night.

2 dögum síðan
francine bacone
francine bacone

Mi'kmaw here. I thought you did an excellent job of explaining this history. Thank you very much for taking the time to do so!

2 dögum síðan
Hi! I’m Amy Love
Hi! I’m Amy Love

I’m a lifetime Oklahoman and have never heard of this...I live in the Oklahoma City metro verses the Tulsa metro but still...

2 dögum síðan
Ryan Witschger
Ryan Witschger

I think the 10 decades of precedent should be a basis for the boundary. If everyone has assumed that the boundary is X for 100 years, then I think the court should stay out of it. It's not a democracy if the opinions of all of the people living there mean absolutely nothing. Obviously borders are not something that is voted upon, but precedents should be able to set outcomes in a democracy.

2 dögum síðan
Phara0h6nyne
Phara0h6nyne

I say, make the whole state a reservation . 🤷🏽‍♂️

2 dögum síðan
DBArtsCreators
DBArtsCreators

I wonder if we'll now see Native Americans losing their reservations (or at least legal control over them); after all, having law-free reservations in the middle of states that can still affect your people and money is hazardous.

3 dögum síðan
MultiBeerme
MultiBeerme

Ignorance of the borders is not a excuse to not be subject to the jurisdiction within those borders. It's time those treaties were honored. Only from there can we work to fix things.

3 dögum síðan
SilentGaming
SilentGaming

I feel like they should pass a new law about murders and death penalties. If you kill someone and get the death penalty for it you should die the same way as the way you murdered your victim like the day after and as long as there is enough evidence to tie you to the case. Like for example, in this case, he got the death penalty because he beat a GF ex, slashed his throat and cut his you know what off that someone should do the same to him. Enough is enough when you got the guy and you know he killed the victim, just do that same kill on him, stop lethal injection and fire squad, let the murderer get the same medicine he decided to give to others. We do not need this garbage human wasting our precious resources, he needs to get killed now! or send him to space and let his lifeless body float in an endless time of eternity, either or works for me.

3 dögum síðan
Tru83ful nuffsaid
Tru83ful nuffsaid

And if that's the case the Indians are speaking up then they can have all the murders and all the rapists and all the felons and we want them all to stay on Indian land and they cannot come anywhere outside the borders of that tribal land.

3 dögum síðan
Tru83ful nuffsaid
Tru83ful nuffsaid

No those Indians are f***** if they've got a problem they need to speak up otherwise there's no reason to retry a bunch of f****** criminals end of story

3 dögum síðan
Max Azzopardi
Max Azzopardi

I think the "Hello, Hello, Hello" intro needs to stay

3 dögum síðan
Straph
Straph

What a lovely can of worms.

3 dögum síðan
Ash Love
Ash Love

I just took American Indian Law in law school. The jurisdictional fights are crazy and often unfair to tribal members. It's sickening.

3 dögum síðan
Cody Gornall
Cody Gornall

I think it's ridiculous how these people are trying to get off by using their native heritage for an excuse and not taking responsibility for their own actions. I don't care who you are if you commit a violent crime you should be held accountable for your own actions! Stop trying buying your way out and be responsible! You kill or you rape someone or any crying you should be held accountable no matter what! So yes this guy does deserve the death penalty and the rapist deserves either death or life in prison!

3 dögum síðan
A FlyingBenCh
A FlyingBenCh

I wish to follow this. America is confusing, but on this topic, Canada really isn't better. So now I'm Listening

3 dögum síðan
Bahb Silunt
Bahb Silunt

It's not practical to act like an enlightened nation while repeatedly destroying the remnants of the indiginous culture that came before. Oklahoma used to be called the 'Indian Territory' and yes, the US gave sovereignty to these 5 tribes over this region. It's completely unfair to keep taking their land and their rights. If you make a deal you should keep to it. We hold individuals to that standard using the courts. That concept should doubly apply to governments.

3 dögum síðan
WolfgangLMclain
WolfgangLMclain

I think the courts have no business making a legislative decision, which is why I'm disturbed to hear the Justices arguing over the practicality of the case when the reality is that you have lives built around injustice, rectifying that wrong is not going to be practical but it is going to be right. Rule in favor, and let the executive and legislative negotiate the consequences.

3 dögum síðan
Hunter Campbell
Hunter Campbell

its so sad that a murder is what brings attention to this issue, that the USA doesn't care about our native sovereignty

3 dögum síðan
Angel Henriquez
Angel Henriquez

Give them their land. It's not yours.

3 dögum síðan
Kati Aaarrgh
Kati Aaarrgh

Although I want the defendant to be brought to justice, I do think the lands should indeed be considered tribal lands. We fucked the Native Americans over plenty. Too bad if this becomes inconvenient for thousands of people. Do you think the Trail of Tears was any less convenient for thousands of people?

3 dögum síðan
J Tizzle
J Tizzle

Am I the only person concerned that if an Indian reservation of this size is formed it may allow a twisted medicine man or fraudulent drum carrier access to enough spirit totems to unleash some sort of anti WINDIGOKAN? For the purpose of raising as much hysteria as possible I will name this entity KAWAKACHUK THE EATER OF WHEAT. He will attack summoning huge cyclones of famine devouring as much unprocessed wheat barely and maize as possible, using it to both starve us and form some kind of franken-vegetable troopers. THE ONLY WAY TO STOP THIS BEING IS TO PROCESS THIS FOOD!!!! So send me your cooked vegetables! Use your flour to bake me cakes!! mail them too me!!! as a half- Ojibwa Who showed a borderline interest in my fathers very serious walking of the red road, I am more than qualified to bless these products and free them from KAWAKACHUKS sinister glutenous hordes!!!

3 dögum síðan
macsnafu
macsnafu

This is an interesting question, especially considering that I'm an Oklahoman who lives in Tulsa. I've long known that the Indian tribes had an unusual position in regard to the state of Oklahoma, but this issue seems to have been mostly ignored by most people. While it's possible that a major change might result, I'm inclined to doubt that much of anything will happen. If the land *does* revert to Indian territory, then the tribes will face considerable common law and common usage issues that have now existed for decades.

3 dögum síðan
*Reymatik Beats*
*Reymatik Beats*

Native pride ✊🏽

3 dögum síðan
abraham dominguez
abraham dominguez

IT'S NO LONGER PRACTICAL, TOO LONG NO CHANGE, TOO MANY IMPLICATIONS!

3 dögum síðan
Elizabeth McCracken
Elizabeth McCracken

I get that clients can be innocent and some defense attorneys are fighting for the right reasons but these people giving their all to get a murder, who doesn’t deny murdering at all, out of prison is just beyond me! I don’t know how you even live with yourself! The only benefit I can gather is the paycheck. I personally couldn’t do it though!

3 dögum síðan
Jesse Nuzum
Jesse Nuzum

I love how now that it’s white people that will be displaced and forced off a land they perceive as their own everyone’s got a problem, but murder a few thousand natives it’s no big deal.

3 dögum síðan
Rigging Doctor
Rigging Doctor

Thanks for this deep dive!

3 dögum síðan
DaPinkBublé
DaPinkBublé

Lmfao do white people believe the narrative that the government "white man" just took the land now?

3 dögum síðan
Cheshire Kitten
Cheshire Kitten

The land belongs to the Native Americans. If they dont want you to sell beer in it, you heard the boss. Its theirs. What. You havent kept your promises EVER amd now youre worried that if you do the colonizers will be uncomfortable?

3 dögum síðan
Samia Kekia
Samia Kekia

And yet these are the same ppl who would argue that immigrants are taking our jobs and whatnot. The same America who fought to give the Jews their “land back” which they belonged to hundreds of years ago. The hypocrisy and irony is real people. The law says it’s theirs then just give it to them. Maybe instead of ignoring it find a better way your federal court can process effectively and not lets those thousands of prisoners who you prosecuted illegally get away. And as for the comments say it the criminals way of deflecting attention of his crime, what do you think is gonna happen to him in federal court? With all that evidence he surly will not get away. No no my friends this is about your government trying to swindle the natives on yet another agreement.

4 dögum síðan
Magus Mxviil
Magus Mxviil

How would a positive tuning affect Indian vs. non Indian crime?

4 dögum síðan
aaron e
aaron e

The treaty is still valid but tbh i don't see the US government willing giving up taxation power over half a state in this day in age i mean come on now

4 dögum síðan
3rdeye Brand
3rdeye Brand

colonial Americans was clever.. i tell you ... How can you create a rule/law from this air and then put it in effect... ugh... disgusting

4 dögum síðan
Jose Fernandez
Jose Fernandez

So they took their land. Then gave them a pice back. Then tried taking that pice again. Now their bitching bc they are “settled” and can’t imagine what it would be if the Natives took it back. Karma is a bitch.

4 dögum síðan
Anibal Perez
Anibal Perez

It's native lands, should be treated as such, just because our ancestors chose to ignore the boundaries and illegally sold land doesn't change the fact that it;s native land Yes it's going to suck, but the state and federal governments are at fault for choosing to go that route

4 dögum síðan
Caitlin Williams
Caitlin Williams

If people are intrigued by the jurisdictional complications in this case, I would recommend researching the murder and rape cases in Alaska. Alaska has 3x the national sexual assault rate, with most of the cases being perpetrated against AN women by AN and non-AN women. The cases become very complicated with in the case of a non-AN attacker to a AN victim, it could become tri-jurisdictional.

4 dögum síðan
JustJoshingYa
JustJoshingYa

Man people should be glad I'm not the state or federal judge. If it were up to me the moment you were given the death penalty, without a doubt as to your crimes that you indeed were the evil in the world, I'd have you dragged outside and shot the day of your sentencing.

4 dögum síðan
skye gregory
skye gregory

The court should absolutely recognize the land as a reservation... because it is. Whites have destroyed their home and thr natives had no power to stop it, it was their land first, we must give it back.

4 dögum síðan
Brianna Grayhek
Brianna Grayhek

I'm beyond irritated, cuz this case has nothing to do with tribal litigation!!! It has everything to do with his crime and the fact that he killed 2 people!!!!! This has turned into a debate over something that has absolutely nothing to do with what this asshole did!!!!!

4 dögum síðan
Ryan Carignan
Ryan Carignan

It should be recognised as first nation land, simply because of the fact that it is.

4 dögum síðan
Devoney Taylor
Devoney Taylor

Something that still confuses me is the use of the term "Indian" in the states. Is it not considered offensive to say to an indigenous person? so why is it okay to have in the laws and in the title of the video? Just curious, I don't actually know if that's the official term or not but in canada it's considered ignorant and wrong, people from India are Indians... (obviously 'native' people to the states are native americans and not indians so logistically i'm confused...)

4 dögum síðan
Broccoli Rob
Broccoli Rob

I’m not usually one to be outraged but I can’t stand the ignorance. Especially for this channel. Calling Native Americans “Indian” is just dumb. There’s no excuse in 2019 to be that ignorant.

4 dögum síðan
dudo247
dudo247

This whole thing is absurd. Referencing over hundred year old documents, segregating state by race, corrupting the legal system. But nothing surprising, it is the US.

4 dögum síðan
dudo247
dudo247

This is how the show should always look like... Philip talking.

4 dögum síðan
Electrohead
Electrohead

My money is on John Carpenter, he’s my favourite director ‘

4 dögum síðan
Emily Freeman
Emily Freeman

I would be in that reservation area

4 dögum síðan
hayley ortega
hayley ortega

I hope the Native Americans get this land back.... regardless of how many people this may affect it is long overdue!!!!!

4 dögum síðan
hayley ortega
hayley ortega

You mean *Native Americans

4 dögum síðan
Taylor Braet
Taylor Braet

If this was in Canada they would a reservation no doubt what so ever but Canada respects their natives a lot more even though they say they don’t

4 dögum síðan
Because Racecar
Because Racecar

Dude still deserves to die. idgaf where it happened, he killed someone...

4 dögum síðan
Raven
Raven

Good job explaining some native history to those who never got the chance to learn it in school with the rest of American history. Videos like this spark curiosity in people to do their own research and look further into subjects like this.

4 dögum síðan
Lee Joel Beasley
Lee Joel Beasley

It all BS it just a way to overturn the "Death Penalty" I was against the penalty because the The church was against it. But i had a nightmare that my brother was murdered. Now i say execute the murderer/killers or a 15 cent bullet from me can handle it. one way or another .

4 dögum síðan
Divad Nwahs
Divad Nwahs

It's an interesting dilemma. However, in this case, Murphy's lawyer (not related to the adage "If anything can go wrong, it will") makes reference to Laches Doctrine, in the states' convictions of criminal cases. Laches Doctrine is a civil law defense, not a criminal law defense. The criminal law counterpart is Statute of Limitations. Either way, I would be interested to see if it could be applied, since, the various convictions were not delayed, per se, but, rather, the cases were potentially adjudicated by an improper authority. I may be wrong, on this, but, I haven't seen a criminal defense asserting Laches Doctrine. I have seen many Tort claims get knocked down, however, by the Laches Doctrine defense.

4 dögum síðan
Alexander Burchfield
Alexander Burchfield

You da best Philly D!

4 dögum síðan
Elijah Baker
Elijah Baker

I'm from OK and I like statehood more than reservation-hood

4 dögum síðan
Run trunks
Run trunks

Amazing video!

4 dögum síðan
Boi Blue
Boi Blue

August 28 1999 literally the day I was born

4 dögum síðan
Robin Morgan
Robin Morgan

Wow! IDK what to think!?

4 dögum síðan
Miss
Miss

Finally a show I can watch. I personally don't care about celebs or youtube controversy.

5 dögum síðan
Joseph Simeon
Joseph Simeon

What a great video. Wasn't going to watch but just great.

5 dögum síðan
Wayne Paul
Wayne Paul

I love hearing native news as a tribal citizen of the Pokagon band of politics potawatomi

5 dögum síðan
Wayne Paul
Wayne Paul

I hope it does

5 dögum síðan
Joe Stokes Neustadt
Joe Stokes Neustadt

SuUp?

5 dögum síðan
Cecilio Hernandez
Cecilio Hernandez

Just a fun story I want to share, so I knew this state police officer following these drunk drivers when he decided to pull them over they quickly drive into the reservation and started laughing because he had no authority. He walked up and educated them in being dual certified as a tribal peace officer. He detained them and held them for tribal police to arrive.

5 dögum síðan
Stonemansteve II
Stonemansteve II

My name is John Jacob Jingleheimer Schmidt!!!

5 dögum síðan
miggie2099
miggie2099

This is a self hating black not native American so that law doesn't apply to him

5 dögum síðan
Jocelyn Prier
Jocelyn Prier

Omg this land was always stolen. Give the native americans their damn land back and respect whatever decisions they make about it.

5 dögum síðan
Galfor
Galfor

Fuckers abusing bad laws. Cool.

5 dögum síðan
Bashfluff
Bashfluff

Our relations with Native American tribes have always been inconsistent and strange. We may have to face the fact that due to our own actions, it may not even be practical to cede authority over these lands, given that so many non-natives live in them. They have rights too, just by virtue of living their under their government. I don't mind tribal lands in concept, but it's just so painfully clear that the United States rarely has took them seriously until fairly recently, and so the rules that govern this whole process have been shown to be spotty at best. It may honestly be better to just pay these Native Americans instead.

5 dögum síðan
LilMissDiscord
LilMissDiscord

Hey so I have a question, I'm Canadian so I don't know much about American laws, but can someone explain the way it works that if a crime is committed by a person on a reservation who is of Indian heritage that they aren't supposed to be tried in the American legal system? Are the consequences for crimes vastly different? Because Phil mentioned a bunch of violent crimes potentially being re-tried, and I didn't even know that was a thing that could happen, I thought everyone in America had to follow the same laws or face the same consequences (ideally, not trying to start a debate over privilege)

5 dögum síðan
Jaime Moore
Jaime Moore

The closer you live to a reservation the less and less sympathy you get for Native American land. There was a war, shitty things were done, they got some land and weren't held under lots of the same laws. We did more shitty things. A lot of their chiefs? are now terrible people who do nothing to help on the reservations. There's nothing like working there one afternoon and finding some dead puppies with nooses around their necks that were obviously dragged around with a vehicle until they died. Or another time being screamed insults at and told to leave because obviously you were sent there to spy on them but also finish the job you were sent there to do. Like, I won't step foot in a reservation anymore. Get rid of them, make the people join society but still respect their beliefs like any other culture or religion. Everyone will be mad for 25 years but there will eventually be a new generation with the same basic education and opportunities. Edit: TLDR - Get the fuck over it. Any native american I've met outside of a reservation has be a totally better human being then any I've met inside of one.

5 dögum síðan
Ashley Stepniewski
Ashley Stepniewski

We should view it as reservation land. Every time we mess up and hurt people in the past and then change something to right the wrong it does have a huge impact but just because it's hard doesn't mean we shouldn't do it. For instance Slavery, ending slavery was very difficult and had huge financial repercussions but it was still the right thing to do. Same thing with ending segregation something we are still struggling with today. They are never easy and they may have a huge impact in how things are handled but that shouldn't stop us from doing what is right.

5 dögum síðan
J Neff
J Neff

Interesting. I'm torn on where I think this should go. The Native Americans have been mistreated for ages... and are still facing adversity today (though certainly not on the same level). I almost want to see half of Oklahoma go to the Native Americans... but not at the detriment of the other native Oklahomans.

5 dögum síðan
ajosn
ajosn

And Phil is not in law school because why...?🤔

5 dögum síðan
Geon Quuin
Geon Quuin

Do more of this and less of YouTube drama.

5 dögum síðan
Romina Constenla
Romina Constenla

Phill! Don't call them Indians, they are enormous for India. They are native Americans.

5 dögum síðan
donners304
donners304

The United States is such a scummy land really

5 dögum síðan
NachPOP
NachPOP

Please an unbiased video on israel

6 dögum síðan
Shubham
Shubham

Dude you also have an international audience as well, please be a bit more specific. That actually felt like unintentional click bait, xd

6 dögum síðan
Aiden Windham
Aiden Windham

I am non-native American And I live in Oklahoma and it is still tribal land we should give it back

6 dögum síðan

Áfram

STOP DOING THIS!