i imagine just based on the travel constitution have there been an even further election since that time let me let me have a part able for a get to your answer rhetorical that part b after her brief the reservation running the government for many years i guess what i'm trying to understand is there have been a series of actions taken by the different groups as well as tr courts and having elections and then reviewing the results of those elections so you're asking for the district courts for this case to be basically be dismissed what is the consequence of that for all these other elections and for the it is expensive your daughter and it's the last the group that keeps bringing this up because they don't like the fact that it's not recognize that their group and the individuals on the colony which is important to recognize just desire to live as i have for the last twenty years in this litigation since march of two thousand i have represented the winnemucca indian colony through the aftermath of the murder of their chairman on the colony grounds through twenty years of litigation in the tribal courts interior board of indian appeals federal courts including a failed search here are a to the united states supreme court against this court by the appellants hearing yesterday can i ask you at the time this action was brought do you agree there was not a final agency action in i've does disputed that myself looking at what is occurred at occurred at that time i always have depended upon the fact that it was futile and that there was no and agency action but as the appellant's pointed out what was before the b a a at that time client my clients went back on to the three hundred and twenty acres to clean up some of the work that had been done to do something struction and they were threatened with arrest for trespass now if you want to participate in the pay of judgment fund you must not be in this colony and acting as counsel immediately after that the true members of the company were sought that being glenn wasn't and those persons why had they left the colony there are lots of reasons that they have left but they were returning and in one thousand nine hundred and eighty eight they were recognized as of the  research determining who qualified agri there is a there's a lot a lot of history here as we appreciate that yeah i guess that the issue i'm very focused on is you know  the fall of two thousand and eleven and the summer of two thousand and eleven when there were active proceedings and found to be a falling the i b i remained order why was it futile to the the i am phoenix had stated that all you have to do is that these things and that's in the in the record your honor he said let's just do these things well in two thousand and eight we have done all of those things the honorable order granting comedy to the minnesota order the minnesota order determined that the majority of the counsel for the people that i represent and that was enough for recognition and yet we followed through on every single administrative request to be to be recognized and your honor in this case even if you determined to reverse the court and say they didn't have jurisdiction what changes what made the determination was to finally have a tribal court decision that everybody agreed to and everybody participated  application for membership and challenge it just as the tribal and just as the lower court decided a lower court said fire your applications bring it before this council show them why you're qualified to be members each individual would do that and then but that but the reason the court said he in tribal court of appeals said you have no standing you failed to go through the application process that was what we ask you to do that's what needs to show why you have standing to challenge the decisions of this colony council and that's exactly as i would point out what happened and i would show you the there was an elected council versus a prior council so there were the already established who the members were and in this case it wasn't first those people who have never proved that they are and they have recognised our counsel and as i said the reason it's so critical the other thing the opponents argued was well it isn't critical to have a decision to recognise a government of course it is now they were living without services and that's what's so important is that's why they need recognition it's a small colony in the middle of nevada there are two parts of it there's a twenty acre person where people live there's three hundred and twenty acres where we now have economic development but in order to qualify for those brands to build that community you have to have a recognised government that's why the futility issue becomes there needed to be an answer there needed to be a resolution by then and had been eleven years by the time it was done with eight teen years that this colony had no government but the two thousand at the end but he was not he was era percentage native american unfortunately in this country a person's dogs an indian that wasn't a district court basis or not it was because they had to and mr bill does not appeal mr bills was a rd party and he has not appealed this but he said they said that if you appoint both of them that was the st decision he said appoint enough people or number two they're going to be paralyzed now definitely the argument that i made to the court was that he was not in india and that is in the briefing papers and so yes the court made his decision based upon that as well i mean these are they a palace they say are membership on the total age of a person who was one hundred percent not native american who at that point was  claiming to be native american has been proven since then that he is not that's very important as i said the problem in this country is you do have to per bloodline if you are going to be made of american involve themselves in removing these people standing and could not make that argument and that will not change if you reverse the court and say that they can't write comedy to those decisions there is no reason for the jury the court the tribal courts to change their decision until there is a challenge brought before them again where these people claim to be native american and then they have to put in all their paperwork there is no reason for those those very same appellate procedures to change and they will not and so this is this entire pill is futile that is why the government it is important to note the government has not appealed the decision that they were arbitrary  we never agreed to this court order to find a judge to participate in finding a judge and we put that down never willingly agreed to be our age would not be doing all of the outrageous things of ledge by to not being applications nothing happened in order to space it seems so or just fill out the application that's not what we're doing or these applications had to be number of applications were put in rejected saying oh you don't have an official number application you recognise to vote if you can't run the election what is it how can you look at the will of the people be delegated down to seventeen individuals self selecting themselves to be a carer raising this over over