By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – Dinilawigi (Tribal Council) voted unanimously during an Annual Council session on Monday, Oct. 12 to uphold a banishment (exclusion from lands of the Eastern Band of Cherokee Indians) it approved in February. Dinilawigi voted to kill Res. No. 319 (2026) which sought to dissolve the banishment of Arvis Boughman, a member of the Lumbee Tribe of North Carolina.
Res. No. 319 was submitted by Robert Osley Saunooke, an EBCI tribal member and attorney representing Boughman. The legislation states in part, “The action to exclude or banish Arvis Boughman did not comply with notice provisions of Chapter 2 and was based on statements and publications attributed to Arvis Boughman as protected free speech under tribal and federal law and was an impermissible action under applicable tribal law.”
Res. No. 106 (2026), the piece of legislation which banished Boughman originally, was submitted by Dinilawigi as a whole and was approved unanimously on Feb. 5.
That legislation states in part, “Credible concerns have been raised by Cherokee scholars, fluent speakers of the Cherokee language, educators, and cultural authorities about Mr. Boughman’s repeated misrepresentation of Cherokee history, culture, traditions, and oral histories, including allegations that he has plagiarized, altered, and appropriated Cherokee historical texts for non-Cherokee purposes; and comparisons performed by Cherokee scholars have identified substantial similarities between Mr. Boughman’s published work and existing Cherokee historical records, with material changes that misrepresent or wrongly attribute Cherokee history, culture, and traditions to non-Cherokee groups.”
Prior to Res. No. 319 being read into the record on Monday, some discussion was held as to whether Boughman should be allowed to enter the Qualla Boundary to be heard on the issue.
Michael McConnell, EBCI attorney general, commented, “Because banishment is exclusively within the authority of Tribal Council, Tribal Council is the only one who can change a resolution. There is a resolution in place saying he cannot be on the Boundary; and so, Council would have to make that expression to allow him to come.”
Saunooke stated issues brought up in Res. No. 319. “My client wasn’t given notice. That’s the reason we’re here. He was not given notice. There was a phone call made to a number that is not his and a letter sent to an address that is not his.”
McConnell responded, “When the banishment resolution was passed, notice went out according to the addresses that I had that were given to me – and that included an email address. All of those addresses ended up not being working addresses. And, that notice was sent the day before the resolution was considered and passed.”
Driver Blythe, an EBCI tribal member who serves as the EBCI public policy analyst, noted, “As someone in an appointed position, whenever I use my freedom of speech, there’s consequences that come with your freedom of speech. Now, you can say what you want. But, if I go out and say some of the stuff that Arvis Boughman said, back when I presented the evidence in January and February of this year, I’m going to answer to Chief Hicks or I’m going to answer to Chief of Staff Paxton Myers. Because, freedom of speech, while I can say what I want, you are not limited to getting away from consequences.”
After Res. No. 319 was read into the record, Jakeli Swimmer, an EBCI tribal member and Cherokee second language learner, was first to speak.
“Freedom of speech doesn’t protect plagiarism and doesn’t protect slander. You’re actively stealing from a source without giving accreditation. Then, essentially, that’s not freedom of speech. You’re just stealing and regurgitating it in a new way.”
Boughman is the author of several books including “Legends of the Lumbee (and some that will be)”.
Swimmer takes issue with the stories included in the book. “Some of those stories that he is stealing are ones that my grandfather, my namesake, had been given to preserve and to provide for our community. For me, that’s very frustrating.
We’re a sovereign nation. We’ve always been a sovereign nation. We are a distinctive Cherokee nation living in these mountains since time immemorial. And, it is disheartening that one individual can try to threaten that and attack that.”
Ugvwiyuhi (Principal Chief) Michell Hicks commented, “I appreciate these young men coming in and expressing the facts of the situation. This is a big issue. This is not just about social media and comments made on social media. But, when you start stirring the facts of who we are as a people, that is a historical message that is wrong. We’re not going to stand for it.”
Saunooke then commented, “Due process means notice and opportunity to be heard. I came here today to just let you know – that didn’t happen. There was not due process. Mr. Boughman, whatever his actions are…, he never got a chance to come and address the allegations against him.”
Tsisquohi (Birdtown) Rep. Boyd Owle made the motion to kill Res. No. 319. That move was seconded by Taline Gahvsgi (Vice Chairman) David Wolfe, and the vote to kill was unanimous.
