Nygren Recognizes McCabe as Lawful Controller, Legal Fight Continues

A stipulated agreement filed on December 10 in Window Rock led President Buu Nygren to acknowledge Sean McCabe as the lawful Controller of the Navajo Nation. The agreement, entered between Nygren and McCabe in his individual capacity, directs the President to recognize McCabe's lawful standing, to support the back pay owed to him, and to accept that the Office of the Controller will cover McCabe's attorney fees.

The Navajo Nation Council has maintained since the outset that McCabe is the lawful Controller, countering the President's attempt to terminate him. Chief Legislative Counsel Michelle Espino told the court that Nygren is effectively admitting to the unlawful termination of McCabe by accepting the stipulated agreement. Espino also informed the court that Nygren and his attorney expressly excluded Speaker Crystalyne Curley and her attorney from the in person discussions between the President and the Controller that produced the agreement.

While the agreement settles the immediate question of who holds the Controller office and addresses compensation and legal fees, it does not resolve the larger petition that the Office of Legislative Counsel brought before the court. The pending issues include whether Nygren unlawfully attempted to terminate McCabe and whether the President misused the presidential line item veto to remove funding from the Legislative Branch and the Navajo Nation Youth Council in the Fiscal Year 2026 Comprehensive Budget. Speaker Curley continues to seek a judicial determination on those points, and the case will proceed.

For McKinley County residents the outcome has practical and institutional consequences. Recognizing the Controller restores administrative continuity over audits, payroll and fiscal oversight at a time when budget decisions and program funding remain contentious. The assignment of attorney fees to the Office of the Controller and the directive to support back pay carry budgetary implications that the Legislative Branch and local programs may feel as the court addresses the remaining claims. The unresolved questions about executive authority and the line item veto have broader implications for separation of powers within the Navajo Nation, and they will likely shape how voters and civic actors evaluate leadership, budget oversight, and accountability in future local and tribal elections.