41 Tribal Nations won a settlement for stolen assets
By Theo Marchetti ·
Generations of lost wealth and political purges were masked by photo opportunities in a visual ledger tracking the Department of Justice from 2001 to 2017.
Forty-one federally recognized tribes spent decades fighting the United States government for the return of stolen monetary assets and natural resources. The cost was measured in generations of lost wealth and broken trust, a debt the state finally acknowledged in a 2012 settlement.
That settlement—and the many other public-facing crises of the early twenty-first century—lives in the archives not as a series of legal briefs, but as a collection of images. The file's catalogue entry records a series of digital photographs documenting the activities of the Attorney General from 2001 to 2017. It is a visual ledger of how the Department of Justice (DOJ) wanted the world to see itself: as a bastion of law, a bringer of order, and, occasionally, a repentant steward of justice.
2012 and the Tribal Trust
The archival description highlights a joint presentation by the DOJ and the Department of the Interior regarding the Tribal Trust Settlement. For the 41 tribes involved, this was the resolution of "long-standing claims" against the federal government for the mismanagement of assets held in trust. To the state, however, it was a photo opportunity.
The record shows a pattern of these high-stakes resolutions being reduced to imagery. During the tenure of Eric Holder, the camera followed the DOJ as it extracted settlements from the corporate giants that fueled the 2008 collapse—landmark cases against Citigroup and Johnson & Johnson. The catalogue entry lists these events alongside the roll-out of the Medicare Fraud Strike Force and efforts to protect homeowners from foreclosure rescue scams. In the frame, the government is the protector of the citizen; in the history of the crash, the government was the entity that allowed the predation to happen in the first place.
Purging the U.S. Attorneys
Not every image in the collection captures a victory for the public. The catalogue entry records the tenure of Alberto Gonzales, a period where the visual record shifts toward the justification of state security and the internal scrubbing of the DOJ. The photographs document Gonzales urging the reauthorization of the USA Patriot Act in 2005 and the signing of the Military Commissions Act of 2006.
But the record also captures the moment the mask slipped. The archival description explicitly notes images of Gonzales testifying before the Senate Judiciary Committee in 2007 regarding the "controversial firings of U.S. attorneys." This was a purge of prosecutors who were not sufficiently aligned with the political whims of the administration. While the photos may show a man at a podium, the reality was the weaponization of the nation's highest law enforcement office to ensure political loyalty over legal integrity.
Talladega and the Pulse Nightclub
Under Loretta Lynch, the visual record moved into the streets and the cells. The catalogue entry describes a "National Community Policing Tour" through cities like Newark and Cincinnati—an exercise in public relations designed to soothe tensions between law enforcement and the communities they policed.
More telling are the images of Lynch's 2016 visit to the Federal Correctional Institution in Talladega, Alabama. The record states she met with "prison officials, prosecutors, and inmates" to discuss societal reentry. It is a sterile description of a visit to a place defined by the brutality of the carceral state. The images likely show the Attorney General in a curated dialogue with the incarcerated, a stark contrast to the lived experience of those trapped in the Alabama prison system. Similarly, the record notes her presence in Orlando following the Pulse Nightclub mass shooting, transforming a site of queer slaughter into a backdrop for a federal press conference.
Ferguson, Missouri
The most visceral entry in the archival description concerns the 2014 investigation into the Ferguson police department. Following the fatal shooting of Michael Brown by a white police officer, the DOJ opened a civil rights investigation. The catalogue entry records Holder’s visit to the city in the days following the shooting, noting his meetings with "community leaders, residents, Federal Bureau of Investigation agents, and prosecutors."
These photos capture the intersection of state power and grassroots rage. For the residents of Ferguson, the visit was a desperate hope for federal intervention in a system of municipal theft and police violence. For the DOJ, it was an event to be documented, a series of "listening sessions" and "fact-finding missions" that would eventually be filed away in the National Archives.
Throughout the collection, the faces of power are constant: FBI Directors Robert Mueller and James Comey, Vice Presidents Dick Cheney and Joe Biden, and a revolving door of Solicitors General. They are captured by staff photographers like Lonnie Tague and Craig Crawford, or by White House photographers like Pete Souza.
Researchers looking for the earlier years of this visual history must look elsewhere; the catalogue entry notes that the analog photo assignment series for 1993 to 2001 is held under a separate identifier.