For her claim of Native American heritage, Sen. Elizabeth Warren, D-Mass., has gotten a lot of attention, mostly negative. Attempting to turn that negative attention into a positive, Warren has loudly told Native Americans that she will stand up for them in Washington, D.C.
The confirmation hearing of Kathy Kraninger for director of the Consumer Financial Protection Bureau gave Sen. Warren a chance to do just that, and she blew it.
Warren could have asked Ms. Kraninger a variety of questions about how the CFPB has treated Native Americans in the past. She could have asked about tribal sovereignty and what it means for the federal government to recognize that. She could have asked whether Native Americans deserve the same access to economic opportunity as other citizens of the United States, and how Ms. Kraninger sees the CFPB potentially playing a role in ensuring that.
Warren could have asked Ms. Kraninger if she was aware of what conditions on most reservations are like, and thus the importance of having those economic opportunities. She could also have asked about access to credit for Native Americans, how tribes use the revenues they generate from business, how/whether tribal businesses are filling a void in the small-dollar lending market (they are) or any other number of questions. Sen. Warren asked none of these. Instead, she engaged in the usual political posturing that Americans of all political stripes have come to expect of her.
Warren knows better too. She told the National Congress of American Indians earlier this year, “This government owes you a fighting chance to build stronger communities and a brighter future — starting with a more prosperous economic future on tribal lands. For example. Banking and credit are the lifeblood of economic development …”
Yet the senator stood by silently as the CFPB, an agency that was her brainchild and run by her hand-picked protégé, continually tried to restrict economic opportunity for tribes. The CFPB sued multiple small lending businesses that Native American Tribes set up. In one case, an expert on consumer finance law said it “could have far-reaching effects on tribal lending, and more generally, restrict the availability of some forms of consumer credit.” It wasn’t until Warren and her fellow Democrats lost influence at the CFPB that these cases were wisely dropped.
This was also not the first time that Sen. Warren has had a chance to stand up for Native American interests and failed. In the same speech she said, “Most of all, we can fight to empower tribal governments and Native communities so you can take your rightful seat at the table when it comes to determining your own future.” Despite this promise, she stood silent when the Obama administration blocked efforts to allow Native Americans to explore for energy on their own lands. She stood silent as the Bureau of Indian Affairs blocked a tribe from pursuing renewable energy projects. She did nothing when Operation Choke Point was alleged to be targeting tribal lenders. Perhaps worst of all, she betrayed Indian Country by voting against the Tribal Labor Sovereignty Act.
At the end of the day, Sen. Warren can talk all she wants about how she wants to be an advocate for Native Americans. To date, her actions have proved her to be anything but. This week, she had an opportunity begin changing that narrative and she didn’t take it. Those watching her a potential 2020 presidential candidate should take note.
Dr. Gavin Clarkson is the Republican nominee for New Mexico Secretary State, a member of the Choctaw Nation, a graduate of Harvard Law, a member of the Federalist Society, and a former president of the Native American Law Students Association.
