Harassment probe appears to clear Navajo president, stokes new wave of political upheaval

SANTA FE, N.M. — Political turmoil erupted at one of the largest Native American tribes in the U.S. on Monday as the attorney general for the Navajo Nation announced that an investigation had cleared the Navajo president of sexual harassment allegations by the vice president.

On the same day, Navajo Nation Attorney General Ethel Branch was removed from office by legislators by the Navajo Nation Council, in a 13-6 vote without public discussion.

The tribe has been mired in political upheaval since April, when Navajo Vice President Richelle Montoya publicly outlined allegations of intimidation and sexual harassment against President Buu Nygren, stemming from interactions at an August 2023 meeting in Nygren's office.

Results of an investigation by outside counsel into the harassment allegations were announced Monday morning in a news release by Branch.

The probe found that the ''incident does not constitute sexual harassment under policies applicable to either Navajo Nation elected officials or employees,'' and that further investigation was not warranted.

''The facts reported would not constitute a violation of any criminal law of the Navajo Nation,'' an excerpt of the findings said.

Nygren expressed vindication and described a ''need to heal from this and focus on moving forward.'' But he also warned that the removal of the attorney general without a clear explanation sends a message of political instability, with implications for major government ventures.

Branch, a Harvard-educated attorney who served a previous stint as attorney general under Navajo President Russell Begaye, recently worked on a proposed settlement that would ensure water rights for the Navajo Nation and two others tribes in the drought-stricken Southwest and regulations aimed at safe transportation of radioactive materials across the reservation.

Navajo Vice President Michelle Montoya said she is eager to read the full investigative report once it's released publicly, and that she's heard from an ''avalanche'' of people who have endured harassing behavior in tribal government workplace settings.

''Then I'll know what definition they utilized to say that I wasn't sexually harassed,'' Montoya said. ''I do know that the Council and the people of the Navajo Nation have been frustrated with this investigation.''

Branch said she was ''satisfied that no rock was left unturned in the search for evidence of any potential wrongdoing" in the harassment investigation by outside counsel.

''I do not believe it is in the best interest of the (Navajo) Nation to continue spending the Nation's money on allegations that, even if taken as true, would not amount to any violation of Navajo law,'' Branch said. ''I encourage any Navajo employee who feels they have been subjected to sexual harassment to report it."

But Branch also announced the termination of contracts with the law firm for outside counsel in the harassment probe, expressing frustration at an ''inordinate delay'' in completion of the investigation that ''exacerbated the instability in Navajo government that the allegations induced."