By BROOKLYN BROWN BIGMEAT
One Feather Reporter
CHARLOTTE, N.C. – The One Feather interviewed Russ Ferguson, U.S. Attorney for the Western District of North Carolina, to discuss the function of the U.S. Attorney’s Office as part of an ongoing criminal justice reporting project supported by the International Women’s Media Foundation’s Fund for Indigenous Journalists: Reporting on Missing and Murdered Indigenous Women, Girls, Two-Spirit and Transgender People (MMIWG2T), and the 2026-27 Law & Justice Journalism Project (LJJP) Fellowship.
The Western District of North Carolina encompasses the Qualla Boundary as well as 32 counties across western North Carolina and has offices in Asheville and Charlotte. “So, the U.S. Attorney’s Office in general, we represent the United States wherever the United States appears in court. That includes civil cases. It also includes every federal criminal prosecution and every federal appeal involving the United States. So, I have about 100 people in the office split between Charlotte and the Asheville office, but we are all over the western part of the state all the time. I personally am in Cherokee a good bit and I’ve got people in my office who are in Cherokee every week almost and certainly by phone talking to the [Eastern Band of Cherokee Indians (EBCI)] tribal prosecutors and police really daily interacting with them,” Ferguson said.
Ferguson explained why his office serves the EBCI. “We intersect with the EBCI in a number of different ways. So, 1) That’s just part of my district. So, any kind of traditional federal crime like drug trafficking or firearms offenses, we’re going to be there to be the prosecuting authority on those crimes. And in those crimes, we do keep in mind the EBCI. They may not have anything to do with an enrolled member, but if it’s a big drug trafficker, it may still impact the Boundary. 2) By statute, we do have jurisdiction over major crimes involving enrolled members, and the enrolled member can either be the defendant or the victim of the crime.”
While Ferguson’s office does have jurisdiction, they are not required to pick up every case.
“The way we approach that is we obviously respect the sovereignty of the EBCI. We work very closely with tribal prosecutors on which cases are better prosecuted by the EBCI and which cases are better prosecuted by us,” Ferguson said.
“So, in major crimes where we are going to get a bigger sentence or make a bigger impact or deter future crimes, we will take them with the blessing of tribal prosecutors. And in cases where tribal prosecutors will make more of an impact, we will step back and let them do it. We also work with the state a good bit. So, there may be cases where neither one of us take the case and it becomes a state case. Sometimes we will just kind of act as a liaison and coordinator and put those cases together and figure out where the best place to get a resolution for them is.”
Ferguson said the tribal liaison from his office is Assistant U.S. Attorney Alex Scott. “[Alex Scott] talks to EBCI tribal prosecutors every day. He has a multidisciplinary team meeting every week, which includes federal law enforcement, tribal law enforcement, our office, state prosecuting authorities, and they really focus on the child abuse, child neglect, sexual misconduct kind of cases that are obviously a huge priority for us.”
The One Feather asked what goals and strategies Ferguson employs in working with the Cherokee justice system. “First of all, our number one goal always is to respect the sovereignty of the EBCI. We’re always working very closely with the police, with tribal prosecutors, with the Principal Chief, and the Tribal Council. I meet with them regularly just to make sure that their goals align with ours. But our main goal is like it is everywhere else: It is to deter crime and to prosecute crimes so that people can feel safe and live safely wherever they are in my district,” he said.
Ferguson added that he is currently trying to find funding for a tribal prosecutor in his office. “We’re looking for funding to really swear someone in as a Special Assistant United States Attorney so that tribal prosecutors really have a say in our office and direction and ownership over cases where the federal system would have a bigger impact. So, that’s a big goal of mine that we’re working on…So, we’ll kind of see when the funding and if the funding comes through, but I’m very, very hopeful. I think we’ve got a great chance at some federal money for that just because of the ongoing and great relationship we have with the EBCI. I think we can show that it would be useful to make a big difference in the community.”
Ferguson said in working with the EBCI, he has gained knowledge about a holistic approach. “I recently was at Cherokee Hospital, and I was talking to them about mental health services because really across my district I see mental health being a huge problem in every county I serve. There are people sitting in jails who really shouldn’t be there. They should be in a mental health facility, and the EBCI has been at the forefront of mental health treatment and is just doing a fantastic job and is serving as a model across my district on that.”
He continued, “It’s just an amazing place where the EBCI has really done such a great job solving a problem that is extremely difficult to solve. It’s been great for me to learn about that and kind of take it to other parts of my district and say, ‘Here’s something that’s working.’ And another thing I do across the district is I go into schools a lot, especially high schools, and meet with students to try to prevent them from entering a life of crime. This fall I’ll be going to Cherokee High School to talk to students as well.”
Ferguson said serving his district involves more than prosecuting crime.
“We try to do a lot more than just show up in the courtroom. We’re trying to kind of make it a holistic approach to deterring crime, preventing crime, and then helping people rehabilitate and re-enter the community after they’ve committed crimes.”
Ferguson said he wanted to reassure the Cherokee community that his office is working diligently on Qualla Boundary cases. “We are working on Boundary cases and EBCI cases every day. I think a lot of times there is a feeling in the community, and not just in Cherokee but everywhere, that we’re not doing anything because we haven’t filed federal charges right away. The process for a federal investigation, putting together a federal case, always takes longer than all of us want it to, but we’ve got to have a solid case at the end of the day. And of course, during that investigative period, we’re very limited in what we can say. So, in specific cases, it’s frustrating for us not to be able to go out and say, ‘We’re doing all these things to prosecute this case.’”
“I can tell you, Alex Scott, our tribal liaison, is consulted on major crimes day and night, weekday and weekend, all the time. I mean, usually the CIPD calls in within minutes of them beginning their investigation. We are side by side with them from the beginning. We get the FBI involved at the beginning. We work with tribal prosecutors and police. And of course, our initial goal is to make sure everyone’s safe in the immediate aftermath of that incident, especially if it’s a violent crime. So, sometimes that means filing immediate charges in tribal court, making sure an offender is in custody or supervision or whatever the appropriate release may be. So, that’s our first goal, but then we’ve really got to work together to formally investigate the case in a way that we can get evidence together that’s admissible in federal court,” he said.
“Sometimes that’s quick. Sometimes it’s lengthy. Sometimes it takes a long time. Sometimes we have to do forensic work or electronic device work and it takes a long time. Laboratory testing, service of legal process, subpoenas. All of that takes a good bit of time. But I just want people to understand that we’re not sitting around while cases languish. We are really working on them and working with the EBCI to bring those cases to fruition. And even after charges are filed, sometimes it seems like the process is so long to get to trial, but we are constantly working on them, and we have people dedicated to them. It’s just a process in federal court wherever we are.”
The One Feather is following several cases in tribal, state, and federal court and will continue to report on the court processes and key players involved in prosecuting each case.
