I got a lesson in ethical relativism earlier this year, when Congressman Chris Shays held a hearing of his House of Representatives Government Reform subcommittee to discuss methods of improving the process for federal recognition of Indian tribes. Shays had accused Clinton Administration officials, including me, of politicizing the federal recognition process and making decisions on the basis of political contributions to the Democratic Party. Both the General Accounting Office and the Inspector General for the Interior Department investigated these allegations but could produce no evidence that the decisions were influenced by political contributions.

During the hearing, Congressman Chris Cannon from Utah questioned Assistant Secretary Neal McCaleb, but not about federal recognition. Instead, the Congressman asked McCaleb about a dispute between the Viejas Band of Kumeyaay and the Ewiiapaayp Band of Kumeyaay. The dispute concerned the possible development of a casino on lands in San Diego County owned by the Ewiiapaayp and located very near the Viejas reservation. Congressman Cannon took Viejas' side in the dispute.

It seemed curious that a Congressman from Utah would take such an interest in a dispute between two California tribes, especially on an issue involving rival gaming enterprises. About ten minutes of research on the Federal Election Commission website yielded some interesting facts. It turns out that on Dec. 5, 2001, Congressman Cannon's campaign fund received several contributions from Indian tribes and tribal lobbyists. Lobbying firms Greenberg Traurig and Shaw Pittman both made contributions, as did the Salt River Pima-Maricopa Indian Community, the Mississippi Band of Choctaw Indians, and of course, the Viejas Tribal Government.

Now, it is possible, but not likely, that Congressman Cannon met with representatives of each of the tribes, heard their arguments on the merits of the dispute, and decided as a matter of good public policy that Viejas should prevail. More likely is that Viejas and its lobbyists used their contribution to the Congressman's campaign to gain access to the Congressman and explain to him their point of view on the matter, and that the Congressman never heard the other side of the story. While Congressman Shays was heralding his concern about Clinton Administration decisions allegedly driven by campaign contributions, he failed to take note of Congressman Cannon's interest in the California inter-tribal gaming dispute or to wonder why he was so interested.