As part of the American Bar Association’s Presidential Speaker Series, ABF President Jimmy K. Goodman sat down with Academy Award–winning director, producer, and screenwriter Martin Scorsese, along with Chief Geoffrey Standing Bear, principal chief of the Osage Nation, and ABA President Mary Smith to discuss the new film adaptation, “Killers of the Flower Moon,” based on David Grann’s acclaimed nonfiction book.
“Killers of the Flower Moon” explores the history of the Osage Nation in 1920s Oklahoma, focusing on the mysterious murders of wealthy Osage Indians, whose prosperity stemmed from oil discovered on tribal land. As the death toll of Osage Indians and those who tried to investigate the murders rose, the newly established Federal Bureau of Investigation (FBI) took up the case. Centering around the family of the Osage woman Mollie Burkhart and her White husband Ernest Burkhart, the movie reveals how legal manipulations and systemic corruptions allowed individuals to exploit the Osage nation, stealing the tribe’s wealth through deception, coercion, and violence. The film portrays a grim reality where the courts of 1920s Oklahoma, tainted by bias and corruption, posed nearly insurmountable obstacles to the Osage people and FBI agents in their pursuit of justice.
“At its core, the film underscores the critical importance of the rule of law and the pursuit of justice,” said Mary Smith. “For lawyers, it serves as a powerful reminder of our role in upholding justice, safeguarding the rights of all citizens, and ensuring that no one is above the law.”
“Killers of the Flower Moon,” is the most recent feature film to be directed by Martin Scorsese, who has received an Academy Award, four BAFTA Awards, three Emmy Awards, a Grammy Award, three Golden Globe Awards, and two Directors Guild of America Awards for his previous work. Chief Geoffrey Standing Bear, a three-term principal chief of the Osage Nation, has worked to protect and enhance Osage culture, language, and lands. Prior to his appointment, he practiced law for over 30 years, specializing in federal Indian law. Jimmy K. Goodman, ABF President and senior trial attorney and past president at Crowe & Dunlevy, has provided counsel to Oklahoma’s Native American Nations on matters of federal Indian law throughout his career.
Scorsese opened the discussion by elaborating on his choice to change the perspective of the film from the perspective of FBI agents, as it is in the book, to Mollie Burkhart. His choice reflected his desire to get to the “heart of the story,” which took the characterization of the Osage people beyond victims into fully realized reactors to the injustices taking place.
“[The film] is about trust, love, and then it’s about the ultimate betrayal,” said Scorsese. “I think that microcosm of the ultimate betrayal in Mollie and Earnest reflects the macrocosm of what the United States has done with its Indigenous people.”
Scorsese then discussed his working relationship with the Osage nation and the FBI to ensure the authenticity of the film. “There was no delineation of the Osage in front of the camera or behind the camera. We all worked together, answering questions and making suggestions,” said Scorsese.
Chief Standing Bear, one of the many Osage who consulted Scorsese on the film, highlighted how the film brought these historic figures to life, aiding the Osage nation in processing and healing from generational trauma. “I don’t know an Osage that doesn’t want to see this movie or wishes they hadn’t seen this movie,” Chief Standing Bear said.
When asked how the Osage relationship with their resources has changed over the past 100 years, Chief Standing Bear emphasized the role that education has had, particularly financial education, in achieving self-sufficiency. “Can you imagine if the Osage, instead of receiving a pitiful royalty interest all these years…had joint ventures at 51 or 49 percent,” he said. “Some reports show that we had extracted from our mineral estate over 1.5 billion barrels of oil. So how can my people, any of them, be living in poverty? Now why am I worried about affordable housing, making sure we have scholarships, when the multinational oil companies [that started on Osage oil reserves] still exist?”
At the close of the discussion, Mary Smith asked what lawyers should take away from this film. Chief Standing Bear stressed that the law itself can be fundamentally flawed, as was the case in 1920s Oklahoma, where many lawyers were involved in technically legal but exploitative practices, such as guardianship. He called for a broader, collaborative approach involving lawyers and social scientists to identify situations where the rule of law is compromised by greed or an unjust power structure.
“This interview gave me insight into the art of filmmaking, and how the subject matter can alter and expand one’s customary approach to storytelling,” said Jimmy Goodman, reflecting on the interview experience. “It was fascinating to observe the resulting harmony of purpose between Martin Scorsese and Chief Standing Bear and the Osage Nation.”
The full program can be viewed on the ABA website here. This interview is part of the ABA’s Presidential Speaker Series, featuring exclusive discussions with thought leaders on national and global issues. Past and upcoming seminars can be accessed on the ABA website here.
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The American Bar Foundation (ABF) is the world’s leading research institute for the empirical and interdisciplinary study of law. The ABF seeks to expand knowledge and advance justice through innovative, interdisciplinary, and rigorous empirical research on law, legal processes, and legal institutions. To further this mission the ABF will produce timely, cutting-edge research of the highest quality to inform and guide the legal profession, the academy, and society in the United States and internationally. The ABF’s primary funding is provided by the American Bar Endowment and the Fellows of The American Bar Foundation