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Federal prosecutors in Oklahoma have declined to file thousands of criminal cases since the Supreme Court’s 2020 McGirt decision swamped U.S. attorney’s offices in the state with new case requests, according to a Tulsa World analysis of prosecution data.
The ruling has had major impacts on two of three federal judicial districts in Oklahoma: the Eastern and Northern districts. In the first full fiscal year after the McGirt ruling, the number of cases not prosecuted in those two districts increased more than 10-fold, going from 336 cases in fiscal year 2020 to 4,084 cases in fiscal year 2021.
In all, 5,847 criminal cases referred to federal prosecutors in the two districts during an 18-month period since the McGirt ruling have not been prosecuted in federal court, according to a Tulsa World analysis of records made available by the Transactional Records Access Clearinghouse at Syracuse University.
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