 Although Tureen's team had come up with alternate theories to overcome Maine's sovereign immunity, the well-pleaded complaint rule, and delay-based defenses, it was "clearly established" that none of those weaknesses would apply to a Nonintercourse Act suit by the federal government.Tureen recommended that the tribe argue that the entire treaty was void and ask the federal government to seek possession of the entire on their behalf.The Passamaquoddy tribal council unanimously approved Tureen's strategy.