Category: Dakota Access (page 1 of 4)

The desperate fight spearheaded by North Dakota’s Standing Rock Sioux Tribe against Big Oil to save water and sacred indigenous lands. Known as the largest gathering of indigenous tribes since “Custer’s Last Stand” 140 years ago, native peoples and activists across the world flock to this Peace Garden State to fight the Dakota Access Pipeline.

Dakota Access Faces Allegations of Misconduct

Second allegation filed by the North Dakota Public Service Commission to be discussed next week in public hearing

By C.S. Hagen
BISMARCK
– While some in the Peace Garden State claim Standing Rock activists are terrorists, jihadists, or simply troublemakers, the companies behind the Dakota Access Pipeline are also apparently far from innocent.

In addition to a civil lawsuit filed by the North Dakota Private Investigation and Security Board against international security company TigerSwan, the company now faces allegations of misconduct filed by the North Dakota Public Service Commission.

Two investigations from North Dakota Public Service Commission are now pending, involving Dakota Access, LLC.

On May 31, 2017, the Commission opened an investigation into Dakota Access, LLC’s work along the pipeline route.

“DAPL agreed to and participated in a preconstruction conference to ensure that the company fully understood the conditions set forth in the Commission’s order upon which the certificate and permit were granted,” a 33-page staff memorandum in response to the opened investigation stated. The memorandum was written by John Schuh, a staff attorney for the Commission, and by Sara Cardwell.

Fuel tank improperly protected – North Dakota Public Service Commission

“There were a number of deficiencies and possible violations that were recorded such as debris left on the right of way, unsafe work practices, silt fences in disrepair, and not being compliant with the North Dakota Department of Health Environmental Section guidelines.”

Additionally, wood matting was laid down in sensitive areas, cultural sites were discovered and the company rerouted without alerting the Commission in a timely manner. The pipeline company was also charged 83 times with destroying trees and landscape past 85 feet on either side of the pipeline, according to the memorandum.

The North Dakota section of the pipeline is 210 miles long, running through Mountrail, Williams, McKenzie, Dunn, Mercer, Morton, and Emmons counties, and cost an estimated $1.41 billion, according to the Commission.

“This will be an investigative hearing, it’s kind of a first step,” Consumer Affairs Specialist with the Commission Stacy Eberl, said. “The commissioners have asked the company to come in and give their side of the story on some allegations that staff brought forward concerning tree removal, subsoil segregation, and a fuel tank that didn’t have the proper containment unit around it.

“It’s a mix of different things that were noticed after construction,” Eberl said. “The other separate complaint has to deal with an incident where a cultural resource was discovered while they were building, and that’s the one where the company rerouted around the site, which was good, but they failed to notify the Commission. That one is holding right now. There is nothing formal on how they will resolve this quite yet.”

Dakota Access, LLC could be fined a civil penalty not to exceed $10,000 for each violation for each day the violations persist, except the maximum penalty cannot exceed $200,000 for any related series of violations, Eberl said.

DAPL tree and shrub clearing greater than 85 feet – North Dakota Public Service Commission

Eberl couldn’t say if Dakota Access, LLC representatives were cooperating with the investigation.

“When we have an open case the Commission has to stay neutral because they are the judges,” Eberl said.

Keitu Engineers & Consultants, Inc. performed the third-party construction consulting services, conducting inspections almost weekly from May 2016 until February 2017, according to the memorandum.

“Keitu’s conclusion was that overall the project was generally maintained and in good condition,” the memorandum stated. “However, Keitu did find that there were deficiencies.”

The most common problem discovered was inadequate soil segregation – meaning subsoil and topsoil were piled together. An inspection on August 24, 2016 discovered tree removal extended beyond not only the 50 feet agreed upon in certification documents, but also beyond the 85 feet extension approved later by the Commission upon DAPL’s request, according to the memorandum.

An August 4, 2016 investigation led to the discovery of a fuel trailer, which was not properly contained, according to the memorandum.

North Dakota has been the deadliest state to work in for five years running. The 2017 edition of “Death on the Job: The Toll of Neglect,” compiled by the American Federation of Labor and Congress of Industrial Organization, a national trade union center and the largest federation of unions in America, reported its latest statistics for 2015 that 12.5 North Dakota workers per 100,000 were injured on the job, and 47 people died while on the job.

Statistics for 2016 are not yet available.

On March 23, 2017, Mike Futch, the DAPL Project Manager for North Dakota, replied to the allegations saying that there exists a difference of opinions between inspectors, but that he would be willing to discuss the issues. Dakota Access, LLC used a company called Duraroot Environmental Consulting to perform its own investigation, which denied the company was liable in many of the cases cited by the Commission.

The public hearing on the issues will be conducted on Thursday, August 17, at 8:30am in the Commission’s Hearing Room in the capitol building.

TigerSwan’s Troubles

Open records request info: disregard for state laws, citizens, and property

By C.S. Hagen
MANDAN – Trouble followed TigerSwan everywhere the security company went in the Peace Garden State.

Tasked with the mission to protect the Dakota Access Pipeline by Energy Transfer Partners, TigerSwan stepped into a messy scene — chaotic — but the well oiled former Army Delta Force-led security machine went straight to work, starting at the local airport.

Records obtained from a Freedom of Information Act request reveal that the security company signed leases not with Mandan Municipal Airport’s Authority, but with companies the airport leased to — which was a breach of contract.

Rectifying the issue was complicated, airport authorities said, and wasn’t cleared up until shortly before TigerSwan left North Dakota earlier this month, nearly a year after their arrival.

Before TigerSwan’s arrival, police were driven back repeatedly from front lines. Former Governor Jack Dalrymple declared an emergency state to seek federal funds and to bring in the North Dakota National Guard. Activists chaining themselves to sleeping tar dragons stopped pipeline construction, daily. Arrests hovered around 29. Days later, Ohio-based Frost Kennels employees were siccing attack dogs on activists defending water and land rights. Other security companies, some without proper licenses, also wanted a piece of Energy Transfer Partners protection budget. Morton County couldn’t keep up with the activists surging into the camps, which at its height became the state’s tenth largest community.

But it was TigerSwan that was chosen for the “fusion lead.” The international security company, known as a mercenary-for-hire agency with government contracts around the world, coordinated security companies such as Bismarck’s 10 Code Security, EH Investigations and Security, LLC, and Leighton Security Services, from Texas. They inserted their own liaison into the law enforcement’s “Joint Operation Command,” thereby fusing private and public intelligence operations, according to documents released by The Intercept.

“There were four different security companies involved,” Mandan Municipal Airport Authority Chairman Mike Wagner said. “And we lumped them into one and called them DAPL Security.”

TigerSwan, EH Investigations and Security, LLC, and Leighton Security Services, Inc., are all named in a civil lawsuit filed by the North Dakota Private Investigation and Security Board for working illegally in the state.

Activists tackled by DAPL Security

Additional law enforcement, the North Dakota National Guard, and TigerSwan’s arrival dramatically shifted the prairies into what was called a war zone by United Nations Chief Edward John. Organized police phalanxes began marching down Highway 1806. Law enforcement lines became impregnable, twisted with razor wire, cement blocks, and bolstered with water cannons and long range acoustic weapons. Helicopters flew like locusts, and never truly left.

DAPL Security came in wearing khakis and bulletproof vests. Lip sweaters and chin curtains painstakingly frayed as urban lumbersexuals, they stampeded into the Dakota plains in 4×4 pickup trucks and all-terrain vehicles.

Private security personnel outside of Standing Rock near DAPL – online sources

They roamed the rolling hills freely, backed by law enforcement, tackling those who strayed too far on lands once owned by the Standing Rock Sioux Tribe. Activists practicing free speech became terrorists, jihadists, and the propaganda was disseminated to big-oil-trusted mainstream media outlets across the state, such as the Scott Hennen Show on AM 1100 “The Flag,” Rob Port’s “Say Anything Blog” owned by Forum Communications Company, and TigerSwan’s propaganda arm, Netizens for Progress and Justice, which according to its website is a “countering the leftist media propaganda nightmare” media outlet.

TigerSwan also “attempted to place undercover private security agents within the protest group to carry out investigative and surveillance activities against these groups on behalf of Energy Transfer Partner and others,” the civil lawsuit states. Security teams monitored vehicles, gathered intelligence, provided “around the clock protection” and security for the “resumption of construction” of the Dakota Access Pipeline, according to the civil lawsuit.

Where eagles and vultures once ruled, DAPL Security covered the skies using Double M Helicopters, testing software, spying on activists with long-range lenses.

Two months after TigerSwan’s arrival, arrests jumped to 410.


 According to the civil action filings filed by the governor-appointed private security board, TigerSwan ignored warnings saying they were working only as consultants. In response to  the lawsuit, a TigerSwan representative identified as TS Press said this week via email that “we were not providing security, but consulting services.”

DAPL Security’s arrival at the Mandan Municipal Airport set management on edge. Clear Sky Aviation, Inc. was under a 20-year contract with the airport authority, a contract signed on November 1, 2012, stipulating the company, which according to its website is managed by Double M Helicopters, did not have the authority to sublease.

The stated purpose of the lease was for Clear Sky to “use the premises solely for regular airport and aviation business purposes, including, but not limited to, aircraft charter or rental, aircraft repairs and maintenance, major or minor, aircraft sales, aircraft flight instructions,” according to the contract.

But Clear Sky Aviation violated its lease when it subleased a part of a hangar to TigerSwan’s John Porter, Energy Transfer Partner’s chief security advisor, according to airport records.

“On August 26, 2016, without the prior written approval of MAA, Clear Skies entered into a lease agreement with ‘DAPL Security,’” the Mandan Airport Authority reported.

The Mandan Municipal Airport also signed a 20-year lease with Mandan Aviation, LLC, on October 17, 2012, and on September 2016 struck an oral sublease agreement with TigerSwan, breaking section 21 of the original lease agreement, according to an April 23 letter written to owner David Barth from Wagner. Mandan Aviation subleased office space in the upper level of the south end of the Mandan Aviation hangar, according to a consent to sublease contract.

The subleases not only violated contracts, they put the airport’s future in jeopardy. Airport land and buildings can only be used for aeronautical purposes, according to airport authorities. Any additional use must be approved by the Federal Aviation Administration.

The Mandan Municipal Airport is publicly owned, and is a part of the National Plan of Integrated Airport Systems, which allows the airport to receive federal grants under the Airport Improvement Program. The airport’s grants came into question when TigerSwan arrived, as according to Federal Aviation Administration regulations Airport Compliance Program all airport property must be available for aeronautical use, and not available for non-aeronautical purposes unless approved by the FAA.

Clear Sky Aviation, Inc. was established on June 22, 2012, and is registered to Cindy Becker; Double M Helicopters was registered on September 3, 2009 to Monte Myers, and Mandan Aviation, LLC was registered on June 14, 2006 to Barth, according to North Dakota Secretary of State records. No records exist for Clear Skies Aviation in the North Dakota Secretary of State.

According to emails, contracts, and recorded meeting minutes obtained by a Freedom of Information Act request, airport management pondered whether or not to kick DAPL Security out of the airport, or to require payments from the companies involved if the airport lost federal grant monies needed for a perimeter fence next year. If FAA permission was not granted, the airport stood to lose upwards of $2 million, airport records state.

Although DAPL Security entered the airport after county, state, and federal law enforcement set up a headquarters, TigerSwan stayed after law enforcement left, posting guards and interfering with air traffic and personnel, according to airport records.

“You can’t get answers. They won’t talk,” Mandan Municipal Airport Manager Jim Lawler wrote in an email on October 27. “I would like to see them gone.”  

Wagner pointed out the issues in a response to Lawler’s email.

“There are a couple of things affecting the airport wastewater system, parking, driving on the airside, parking equipment on the airside without permission, complaints from users of feeling intimidated when entering the airport and living at the airport,” Wagner said. “They continue to guard the entrance. Would we be a target if they weren’t here, and are we a target after they leave?”

“Also, no contact from the people that promised to be in my office everyday,” Wagner wrote. “Just because they are chartering the helicopters is not a reason to allow use of office space and living quarters to non-aviation businesses. All of this is also part of the grant assurances which we sign as part of the FAA AIP funding, and could jeopardize that funding.”

TigerSwan operatives left messes behind, documents report. Bathrooms weren’t cleaned. Septic tanks were filled. Six chairs went missing.

“In a general sense it was them becoming acclimated to being on airport property,” Wagner said. “I think a lot of it was misunderstanding. As soon as they were instructed, they were good about correcting it.”

Nearly three months after TigerSwan arrived, negotiations began over lease pricing, and the issue came up during the airport authority’s board meeting on November 21, 2016. The Mandan Municipal Airport Authority decided to first obtain FAA approval, develop a security plan, a code of conduct, and then charge a fair market rate, not aeronautical rates, which are cheaper.

Later that same night, while law enforcement sprayed hundreds of activists with a water cannon in freezing temperatures, Myers, owner of Double M Helicopters, was still attempting to obtain signed sublease agreements from TigerSwan, according to a November 22, 2016 email.

The morning after, TigerSwan director, Al Ornoski, congratulated a list of people ranging from TigerSwan operatives, airport and Fusion Center personnel, 10 Code Security, and others.

“Outstanding job, thanks to everyone for your dedication, support and work during last night’s critical event,” Ornoski wrote.

Three days after the “critical event,” Myers wrote Lawler an email, which included the sublease agreement.

“I think the one point that was missed on this whole deal at the board meeting was the end result of all this is the Mandan Airport now has 24-hour security at no cost to the airport itself,” Myers wrote. “Without a security fence and some sort of restricted access gate, all are extremely vulnerable at the Mandan Municipal Airport. With the situation as it is in Morton County, this seems a win/win for the airport.”

Private security personnel along pipeline route – online sources

Myers also reported that activists used the FAA database to determine owners of the airplanes involved against the Standing Rock camps, and that he was being threatened.

“Don’t believe much of what you read on Facebook, or some of these other publications. The comments about tail numbers, using the helicopters as weapons, dropping objects on them, spraying them with mustard gas, flying over them at night with all our lights off and spraying them with pesticides is obviously crazy.”

True reports included a Double M Helicopter herding more than 200 buffalo away from police lines, and activists shooting at helicopters with arrows, or flying drones toward them, according to Myers.

“The helicopter was a very effective tool to direct the buffalo back into the pasture that the protesters had knocked the fence down earlier that day,” Myers said.

After Myers’ email, the Mandan Municipal Airport Authority became worried about their own safety, asking if TigerSwan, had completed  a threat assessment of Mandan Airport.

Nearing Christmas, arrests jumped again to 571.

The leasing dispute lasted more than nine months, until an April 3 airport executive session meeting, when the board decided if FAA permission was not granted, then eviction notices would be sent out.

The issue became an ask for forgiveness or permission, and it was already too late to ask for permission. Airport authorities feared “potential adversarial administrative proceedings with the FAA,” which could “have an adverse fiscal effect on the bargaining or litigation position of MAA.”

“Beg for forgiveness [to the FAA] that we weren’t even aware of this, and now that we are, we’re trying to remedy,” Lawler said during the 30-minute board meeting. Breach of the original lease agreement “put the board in the awkward position of trying to figure out what our duties and obligations were as board members.”

In April, the airport authority agreed to proceed as if they had been approached before the sublease agreements were entered, rather than as a breach of the original lease, according to Wagner.

FAA Program Manager Donald Phillips was contacted by airport authority in April, approximately six weeks before TigerSwan left the state to continue protecting oil pipelines in Ohio, Pennsylvania, and West Virginia. On May 26, emails indicate that the FAA did not object to the temporary non-aeronautical use of airport property “during the DAPL protest.”

The reason the issue took more than nine months to resolve is because Mandan Municipal Airport has seen enormous change in the past few years, Wagner said. Airport authorities have been scrambling to study a 600-page FAA rulebook.

“It took some time to get up to speed and get educated,” Wagner said. “The FAA’s primary role in the whole thing was to make sure we weren’t going to violate grant assurances and that included making sure a non-aeronautical rate was applied rather than aeronautical.” Aeronautical rates are cheaper, Wagner said.

By the end of the leasing controversy, long after the last tents and trash were cleared from along the Cannonball River, airport authorities agreed to accepting 10 percent of all payments made by DAPL Security to the aeronautical companies. Mandan Aviation charged $1,300 a month, and Clear Sky Aviation received checks for their sublease agreements worth $35,000, of which $3,500 was to be given to the airport authority. On June 19, Lawler said he received a check for $2,100 from Clear Sky Aviation.

Official records indicate 761 people were arrested during the DAPL controversy, and already 114 cases have been dismissed by the state. Eleven people received guilty verdicts; 50 pled guilty – primarily on lesser charges, and three have been acquitted, according to the Water Protector Legal Collective. Numbers from the legal firm report a total of 854 people were arrested.

TigerSwan and Co. responses
Early morning, February 17, 2017, site security advisor for TigerSwan, Stuart Kortus, alerted airport authorities that he would be flying at 250 feet.

“I will be conducting a test flight to test new software,” Kortus said. “I will be near the field to the west between hangars and Highway 6.”

Kortus did not reply to requests for more information pertaining to what kinds of software TigerSwan was testing near Standing Rock.

A TigerSwan representative, identified only as TS Press, replied to a request for information, saying the claims made in official Mandan Municipal Airport documents were, in essence, fake news.

“Your questions are rooted in speculation and heresy [hearsay] and show that you seem interested in perpetuating the same false narratives about our work that have been manufactured by groups that seek to malign a service-disabled, veteran-owned small business,” TS Press stated in an email. “We appreciate your inquiry, but until you take a more objective view of the facts, we will not respond to your questions and will continue working with the North Dakota Private Investigation and Security Board to convey the realities of our work in North Dakota.”

A second email from TS Press stated that TigerSwan “never had a contract at the airport.”

Ornoski, listed as a director of DAPL Security ND, or TigerSwan, hung up the phone when contacted. Myers was contacted by telephone and email, messages were left, but Myers did not reply for comment.

When Barth of Mandan Aviation was contacted, he said the situation was complicated.

“We have attorneys involved, and what you may or may not write may or may not be the truth,” Barth said. “So, if I were you, I would just keep my nose out of it.”

DAPL cases dropped by state in record numbers

Defense lawyers: TigerSwan infiltration and police entrapment should be recognized by courts

By C.S. Hagen
MANDAN – After being handcuffed, forced to strip, locked in dog cages, and hauled to jails across the state, hundreds charged with crimes during the Dakota Access Pipeline controversy are finding vindication through North Dakota’s court system.

Officially, 761 people were arrested during the months-long opposition to the 1,172-mile Dakota Access Pipeline, and already 114 cases have been dismissed by the state. Eleven people received guilty verdicts; 50 pled guilty – primarily on lesser charges, and three have been acquitted.

The state cannot meet the elements of offenses as charged, defense lawyers say.

“In an attempt to extract guilty pleas, the state is waiting to dismiss each case until the last minute before trial, which has created great hardship and uncertainty for many water protectors,” Water Protector Legal Collective attorney Jacob Reisberg said in a press release. “The No-DAPL water protectors withstood extreme violence from militarized police at Standing Rock and now the state admits that it cannot substantiate the alleged justification for that violence.”

While the Morton County Sheriff’s Department reported 761 people were arrested, the Water Protectors Legal Collective reports the actual number is higher: 854.  

A total of 552 cases remain open, Water Protectors Legal Collective staff attorney Andrea Carter said. Last weekend, one of activists involved in arguably one of the most controversial cases also had charges against him dropped.

Less than a week after former Leighton Security Services project manager Kyle Thompson went live on Digital Smoke Signals to speak about his experience working security along the Dakota Access Pipeline route, the state dropped charges against Brennon Nastacio, charged with a Class C felony of terrorism.

Nastacio, 36, a Pueblo Native American nicknamed “Bravo One,” was charged for his participation in stopping Thompson, who wielded a semi-automatic AR-15, on October 27, 2016.

On June 14, Assistant State’s Attorney Gabrielle Goter of Morton County filed a motion to dismiss the charge, which came days before the scheduled deposition of North Dakota Bureau of Criminal Investigation Special Agent Scott Betz, who was instrumental in Nastacio’s prosecution. Depositions were also scheduled for two FBI agents involved in the transfer of Thompson for BIA custody to the Morton County Jail, and for Thompson, according to Nastacio’s lawyers Bruce Nestor and Jeffrey Haas.

“This was a case where Mr. Nastacio acted to protect himself and others,” Nestor and Haas said. “He should have been thanked and not prosecuted for his bravery.”

“The feeling is good,” Nastacio said. “Now I just need to concentrate on my other case.”

Nastacio was indicted on February 8 on federal charges of civil disorder and use of fire to commit a federal crime, according to the U.S. Attorney’s Office District of North Dakota.

Michael Fasig and Israel Hernandez also face felony charges over the same incident. Class C terrorizing charges carry up to a five-year prison sentence.

Myron Dewey, “Strong Thinker,” Paiute Shoshone – wet plate by Shane Balkowitsch

Other salient cases include the state dropping charges against drone operator and owner of Digital Smoke Signals, Myron Dewey, and rap artist Aaron Sean Turgeon, also known as ‘Prolific the Rapper.’

U.S. District Judge Daniel Hovland recently agreed to the conditional release of Redfawn Fallis to a halfway house from where she’s being held in Rugby. Fallis’s arrest, which was filmed live, has become one of the movement’s most viewed recordings. Police say she discharged a handgun while being tackled by law enforcement. Officially, Fallis was charged with criminal possession of a firearm or ammunition by a previously convicted felon, according to the United States Attorney’s Office District of North Dakota.

Another reason the state is dropping cases en masse is because of evidence the camps were infiltrated by TigerSwan operatives, who were on a mission to “find, fix, and eliminate” pipeline opposition, according to Nastacio’s lawyers.

“TigerSwan worked closely with law enforcement to infiltrate the camps, produce pro-DAPL propaganda, and aid prosecutions. TigerSwan acted in a supervisory capacity over Leighton Security, Thompson’s employer.”

Aaron Sean Turgeon ‘Prolific the Rapper’ (right) – Facebook page

“As we’re learning that there was some kind of infiltration by either the FBI or TigerSwan, or both, we think it should become an issue in the cases that the state should have to prove that some of those people who were engaging in that kind of activity were law enforcement or infiltrators,” Carter said.

“That’s what is getting debated in a lot of these cases, is presence,” Carter said. “There are entrapment issues. Five or more people must be engaged in a riot. If you have one of those five as law enforcement or as an infiltrator, and the state is alleging that someone is setting fires or throwing stuff, what if one of the people present was an infiltrator, and everyone else at the demonstration was peaceful or sitting in prayer, and you have one person instigating who wasn’t even part of that group?”  

Bennon Nastacio – Facebook page

During standoffs along the frontlines, police also gave contradictory warnings. Activists were told to leave an area immediately, and then given a different order to pick up items or clean up an area before leaving, which resulted in many people becoming trapped, Carter said.

“They would say ‘go,’ and as people were running to their cars, police were tearing them out of their vehicles. It’s incredible the amount of force they were met with.”

Former City Attorney for Valley City, Russell Myhre, who is now practicing law privately at his office in Valley City, is defending four people against the Dakota Access Pipeline.

“I have never seen delays like this,” Myhre, who has been practicing law for nearly half a century said. “Even in high profile cases, there was always this contact with prosecution and the court. Here, there appears to be no reason whatsoever, and I don’t know why they’re not dealing with speedy trials.”

The Dakota Access Pipeline controversy reminds Myhre of the Vietnam War era, he said, which polarized the nation instantly until the mid-1970s when the contention simmered and people began to realize that perhaps, the Vietnam War was not one of the nation’s brightest moments.

Red Fawn Fallis – online sources

“I think this Dakota Access Pipeline is tearing North Dakotans apart,” Myhre said. “North Dakota was a god-forgotten outpost in the United States for many years, but they have found out that maybe they have sold their soul to big oil, and maybe, there is a dark side to this, and they’re just now starting to realize this.”

The lack of speedy trials is a legal tactic defendants can consider, he said. “A trial is scheduled within 90 days after demand for a speedy trial. It could be thrown out by the trial court or appealed to the North Dakota Supreme Court, or it could be brought to federal court for denial of due process and the denial of a right for a speedy trial.”

There is potential that cases could be reopened and appealed, even if found guilty under North Dakota Century Code post-conviction relief laws, Myhre said. The law is a substitute for habeas corpus – after being convicted a defendant can come back in and allege their rights have been violated.

“I think the system is overwhelmed,” Myhre said. “One of the other things is that prosecutors and law enforcement are realizing this is not going the way they wanted it to. Not many are coming forward pleading guilty.”

And law enforcement records are lacking, he said. “Most of these officers did not write up personal reports, which is standard practice. Most of these officers did not write up anything, it was left to one officer in charge of writing things up for everyone.”

Money is another contributing aspect as to why cases are being dropped faster than hot potatoes. The state was denied reimbursement for the $38 million spent during the controversy by the federal government last week. Days later, Energy Transfer Partners, the parent company of Dakota Access LLC, offered, once again, to pay the bill.

To compound the issues a federal judge ruled on July 16 that permits authorizing the pipeline to cross the Missouri River less than one mile from the Standing Rock Sioux Reservation violated the tribe’s fishing rights, hunting rights, and environmental rights.

“There’s something funky going on in the background,” Myhre said. “And I just don’t know what it is. A lot of it may have to do with TigerSwan and the manipulation of the media. In North Dakota, unless you were a Native American or an extreme liberal, many people were anti protest.

“We’re living in strange times.”

Since the last Standing Rock camp was cleared in February, TigerSwan kept roving teams active in North Dakota until earlier this month. The security company left North Dakota last week, Energy Transfer Partners personnel reported. The security company hasn’t left the oil business, however, and has set up shops along the Mariner East 2 Pipeline, which runs through Ohio, Pennsylvania, and West Virginia. Mariner East is also owned by Energy Transfer Partners.

In November 2016, TigerSwan LLC obtained business licenses for the three states, according to state registration records, but its private security license is under review in Louisiana by the Louisiana State Board of Private Investigator Examiners. The Louisiana Secretary of State reports TigerSwan, LLC was established in Lafayette on June 1, 2017.

“It is worth exposing in a court of public opinion, this is who law enforcement is working with, and this is exactly who TigerSwan is, and do you want these cultural things perpetuated domestically?” Carter said. “They [TigerSwan] manufactured some of these instances, they didn’t like the surveillance. They just didn’t want to be under surveillance.”

Second DAPL whistleblower to testify

Former guard on life along the pipeline and why he is speaking out

By C.S. Hagen
BISMARCK
– When Kyle Thompson decided to speak out against tactics used along the Dakota Access Pipeline, it wasn’t because of a change of heart.

“I’ve always tried to look out for the best interests of everyone,” said Thompson, the former program manager for Leighton Security Services, Inc. “Just because I did security for the pipeline, that doesn’t mean that I necessarily wanted the pipeline in the ground. I didn’t really have a view on the pipeline.”

He waited half a year to speak out because he didn’t want his name dragged through the mud any more than it has been in recent months.

“I figured it’s time now, and everyone’s court cases are coming up soon,” Thompson said. “Coming out now didn’t really give people a chance to discredit my side of things. I waited so long so that people couldn’t talk more shit about me. I knew once I came out, there were people on water protector side that hate me, and I get it. There’s a lot of people that got charged that were just trying to help each other out.”

Thompson, 30, took his first step on July 12 during a live feed with Myron Dewey, owner of Digital Smoke Signals, promising information pertaining to security work along the Dakota Access Pipeline. Less than a week after Thompson went live, the state dropped charges against Brennon Nastacio, the Pueblo Native American who was arrested for terrorizing after disarming Thompson while the security employee was en route to Standing Rock’s main camps.

Kyle Thompson (right) – Facebook page

Thompson was on his way to photograph burning trucks, he said, property he was charged to protect, when he was run off the road by another vehicle. He fled, AR-15 in hand, toward a nearby pond where Nastacio and two others approached him.

“It was just me out there, I was by myself,” Thompson said. “He did go overboard a little bit, he had his knife out, and I had my gun on him, I had it out because all these people were coming down on me. I didn’t know what to do, I guess, I did what I had to do to keep everyone back then and there. I’m not necessarily doing this for him personally, I’m just doing it because I don’t believe he should have a felony charge for what he did.

“In his mind he was looking out for the best interest of the people. I’m glad his charges got dropped.”

The decision to speak out was not taken lightly, he said.

“I hate to say I’m coming out, I’m not out for everyone,” Thompson said. “There were some protesters that were aggressive, antagonistic; there were people on both sides doing it. Tensions were high. There are two sides to it: Pro-DAPL and No-DAPL. And if you’re going to be out there, people expect you to be on one side or the other.”

A friend introduced Thompson to the security company in August 2016, and when he began working, TigerSwan was already firmly in command of all security companies involved. TigerSwan operatives led the daily briefings, which were attended by law enforcement, and coordinated intelligence reports.

Soon after he began working for Leighton Security Services, Thompson met Kourtni Dockter, who became a security employee with EH Investigations, and became the first former security worker to blow the whistle on TigerSwan’s illegal activity on June 8.

As a former veteran, serving three tours in the Middle East, Thompson received an honorable discharge in 2013 as a sergeant. He’s also a recipient of the Purple Heart, and he never expected to come back home safely.

“I made it my personal mission to ensure that everyone made it home before I did,” Thompson said. “However, that wasn’t always the case. I always felt I was well prepared, mentally and physically, to do whatever needed to be done to look out for everyone around me.

“The only thing that was difficult for me was having to witness the families of those who never made it back.”

Once, he had to return a friend’s wedding band to family, his friend’s wife, after he was taken off life support in Germany, he said.

Native Americans call Thompson War Eagle, for being a veteran and a warrior. While working security, coworkers called him “DAPL Apple,” for being part Lakota Sioux, or “red on the outside and white on the inside,” he said.

Thompson and Dockter broke up shortly after he was arrested on domestic abuse and drug paraphernalia charges last April. He also quit his job with Leighton Security Services the same month. For approximately three more months, Thompson and Dockter remained apart, but recently patched their relationship, admitting drugs had no more room in their relationship.

“She does mean the world to me,” Thompson said. “I’d do anything for her.”

The couple isn’t in hiding any longer, but Thompson is taking extra precautions to make sure they’re safe.

“Hopefully more of these charges will get dropped,” Thompson said. “So it will prove that I’m not out for anyone. I’m not trying to go against security or law enforcement, I’m not trying to go against the protectors, I’m just trying to do the right thing for the right people.”

While working along the pipeline route, Thompson’s main goal, just as it was during tours of duty in Iraq and Afghanistan, was to look out for everyone involved, he said. “My personal mission was to look out for people in general. I wasn’t really scared. I was more worried about our guys getting surrounded, or overtaken by protesters. I didn’t know the reality of the threat out there, I was more worried about the guys under me.”

Thompson had at least two-dozen employees he oversaw, he said. Never once did he train with TigerSwan or the North Dakota National Guard. He went into the camps twice – more from curiosity than for any kind of mission, he said.

His daily routine included driving between construction sites, relaying information, scheduling, and ensuring construction workers were brought to safety, he said.

“I would do whatever I could to get the workers out,” Thompson said. “They knew where my heart was at.”

Soon after the October 27 incident with Nastacio, Thompson was involved in an argument with a TigerSwan operative, he said.

Brennon Nastacio and Kyle Thompson on October 27, 2016 – online sources

“They talked down on our company,” he said. “We were just tasked to watch out for construction workers and equipment, but it kept getting under my skin and our guys were actually doing more reporting than anyone else at the time. I was always on top of it, we weren’t out there for any other reason.”

During a morning meeting he decided he’d had enough.

“One day it just got to me, and I said f*ck it, I don’t need this and walked out. We didn’t work for the other security elements. We didn’t work for DAPL directly, even from the beginning the owners of the company and my boss told me not to get affiliated too much with other security elements.

“They didn’t want to get tied up with anything illegal or have any more headaches.”

Leighton Security Services is an active private security company based out of Texas. Kevin Mayberry, the owner and president, feels confident his company left as good an impression as possible on locals and Standing Rock leadership and activists. Leighton Security Services was subcontracted to EH Investigations and two other companies along the Dakota Access Pipeline.

“Kyle is a good dude,” Mayberry said. “We’ve done a lot for Kyle and his family, and he did do a good job while he was out there, and then he went south a little bit. He’ll get his life straightened out.”

Mayberry’s company steered clear of the drama while in North Dakota, he said. “We told our people to stay away from that crap. There was a lot of stuff up there that happened that’s 100 percent true,” Mayberry said. “And there’s a lot of stuff that went on up there that is 100 percent false. I couldn’t put my finger on exactly who did what, but I was made aware of different situations and we put two and two together and figured out who it was.”

Two trucks burned at Backwater Bridge – photo by C.S. Hagen

He once received an anonymous email from someone claiming to be a TigerSwan employee who leaked that the international security company was actively trying to sabotage other security companies in the area and shift blame, Mayberry said.

“TigerSwan didn’t have a license, and everyone they used didn’t have a license and we wondered for months how they were even operating up there,” Mayberry said. “They had hundreds of guys who were carrying weapons and all types of military equipment that wasn’t even licensed to carry in that state. Energy Transfer didn’t know half the crap that was going on.

“TigerSwan was out there running crazy.”

TigerSwan Inc., with offices in Iraq, Afghanistan, Jordan, Saudi Arabia, India, Latin America, and headquartered in North Carolina, has won more than 13 contracts with the U.S. Department of State, the U.S. Department of Defense, the Department of Homeland Security since 2014, worth more than $9 million, according to USASpending.gov.

TigerSwan, its founder James Reese, and EH Investigations currently face civil lawsuits filed by the North Dakota Private Investigation and Security Board, a governor-appointed committee that licenses and regulates private security industries in North Dakota.

When called to a site that included activists, Mayberry said that Standing Rock leaders and activists showed him and his company respect.

“We would go out there and they wouldn’t do anything to us, we were just doing our job,” he said. “But if any other security company went out there, we would have to like break it up. They respected us and we respected them.”

When asked about illegal tactics used by TigerSwan or other security companies, Thompson said he needed to wait to testify in court. Intelligence reports were an integral component of daily security briefings he attended.

“TigerSwan controlled the way the meetings went, it was common knowledge that they were running the show,” Thompson said.

He has only one regret, he said. “I wish I could go back to October 27 and not drive up to take that picture. It’s almost embarrassing because people think I was doing so much more.”

Despite working odd jobs since working security for DAPL, Thompson isn’t uncertain about his future. He is quietly confident, answering questions briefly but succinctly.

“My plans for the future will continue to be to help others in need,” Thompson said. “I’ll do whatever I can in my power to achieve that goal.”

IT specialists investigate cyber warfare crimes at Standing Rock

State worked with TigerSwan to ensure “battle rhythm,” second DAPL security worker whistleblower steps forward 

 By C.S. Hagen
CANNON BALL – The lawsuit against TigerSwan for illegally working security in North Dakota is a civil case, but proof now exists that cyber warfare tactics were used against activists at the Standing Rock camps, according to IT analysts. One question remains: who was responsible for launching the attacks?

Hundreds of mobile phones and vehicles were damaged as batteries were suddenly drained of power, or were “fried,” during warm and cold weather. Incidents of random hot spots for Internet reception with alternating GPS locations, hacked laptops and cellphones, are too many to count. Bugs or listening devices were planted in meeting rooms at the nearby Prairie Knights Casino & Resort. Fiber cable boxes were broken into. Additionally, cars en route to and from Oceti Sakowin broke down without warning, and have not been the same since.

Morton County Sheriff’s Department denied that their deputies used cyber weaponry, but leased a mobile cellular tower from Verizon to boost reception. The Office of the Governor of the State of North Dakota claims it was unaware that TigerSwan was operating illegally, and yet was in the loop, keeping the “battle rhythm” alive. The National Guard is considered a “law enforcement multiplier” under emergency situations, and police are not in the business of digital disruption, preferring to operate in the legal gray zone of electronic intelligence gathering. Possible suspects that remain include the federal government and TigerSwan, the North Carolina security firm whose services were paid by Energy Transfer Partners, the parent company of Dakota Access LLC.

Headed by former Delta Force officer James Reese, both Reese and TigerSwan face a civil lawsuit filed by the North Dakota Private Investigation and Security Board for illegally working in the state despite repeated warnings. 

The cyber and cellular attacks at Standing Rock on activists ranged from malware, IMSI catchers, to electromagnetic field devices, IT analysts report. Malware typically comes as viruses through emails, links, or attachments and acts with stealth, not programed to alert the owner. IMSI Catchers – sometimes known by the brand Stingrays – act as fake cellular towers, forcing GSM phones to connect and then suck in data. The electromagnetic field device is a cyber weapon used in the Middle East to block cellular phones sending data to Improvised Explosive Devices, or IEDs. It is a short burst of electromagnetic energy meant to disrupt or damage nearly any equipment with a microchip.

Semi-mobile Stingray rogue field intercept cell tower antenna array with collection/detection gear powered by a grid utility pole with a backup battery, photographed by drone near to where Standing Rock Chairman was arrested – photo by Myron Dewey

Only government entities can authorize a cyber or cellular attack. 

Plucked from the war-torn fields of Afghanistan and Iraq, TigerSwan employees are well trained in military tactics, and the company not only advertises its military-grade data and human intelligence capabilities on its website, it has a history of partnering with hi-tech companies, such as its 2012 partnership with Saffron Technology. 

Saffron Technology is a small data analytics company that uses technology to mimic the human brain’s capability to connect people, places, and things, at lightning speed, according to the company’s website. Saffron Technology’s products were originally used in Iraq to predict where bombs were located, according to Reuters, but now it offers its services to corporations such as Boeing Co., to forecast weather, and to TigerSwan. 

While IT technicians continue the hunt for additional proof of cyber weaponry used at the Standing Rock camps, the Water Protector Legal Collective, which operates in partnership with the National Lawyers Guild in defending many activists, reports Kourtni Dockter, a former DAPL security employee, is not the only whistleblower.

On Tuesday night, Kyle Thompson, the former project manager for Leighton Security Security Services, came forward live on Digital Smoke Signals with owner Myron Dewey, and began to tell his side of the Dakota Access Pipeline story, making hints that more is to come. Thompson’s burgeoning testimony comes after his former girlfriend and Leighton security employee, Dockter, blew the whistle on TigerSwan activities.

Kyle Thompson during interview on Digital Smoke Signals

“We are starting to see some of the security workers defect,” Water Protector Legal Collective staff attorney Andrea Carter said. “When you look at Kyle’s interview yesterday, i think he feels very troubled about what happened, and a part of him really wants to connect to the camps.” 

Thompson plans on sharing more information about his experience working security along the Dakota Access Pipeline, but “not yet,” he said. 

“I feel like I can help a lot of people with me coming out with my truth, which could benefit the people facing charges,” Thompson said during the recorded interview. 

“The healing has started,” Dewey said. “And it’s not easy.” 

The casualties

As the Dodge Ram’s engine sputtered, Alex Glover-Herzog wasn’t thinking of the military-Internet complex or of TigerSwan, or of the DAPL helicopter that swooped low along the Missouri River’s banks. 

Late November outside of Standing Rock, Glover-Herzog was trying to stay warm. His 4×4’s engine was purring normally, pouring much-needed heat from the vents before the engine coughed, then suddenly died. 

“It was way too cold to think about anything else at that moment,” Glover-Herzog said. “The only thing I can say is that my truck died twice for no reason while at Oceti.” 

Hundreds of others camped outside of Standing Rock during the Dakota Access Pipeline controversy experienced the same phenomena, Myron Dewey, owner of Digital Smoke Signals, said. It resembled a futuristic nightmare straight from the movie “Matrix,” executive director for Geeks Without Bounds, Lisha Sterling, said. She spent months at the camps training people and helping improve communication technology. Geeks Without Bounds is a Washington-based humanitarian organization that works toward improving communication and technology. 

Two automobiles that suddenly lost battery power at Standing Rock camps – photo provided by Myron Dewey

“When the squids were coming at them.” Sterling said about the comparison of the “Matrix” scene and what happened at the Standing Rock camps. “They powered down their machine and did an EM pulse, which fries electronics… and the squids coming at them.” 

Cooper Quentin, the staff technologist on the cyber team with Electronic Frontier Foundation, a nonprofit organization defending liberties in the digital world, spent a few days at the Standing Rock camps.

“While I was there I was looking for evidence of Stingrays, and I did not find any evidence,” Quentin said. “But they could have been using them before I got there.”

He looked at computers, mobile phones, but said he found nothing conclusive.

“There is definitely some weird stuff, and I don’t think it’s a coincidence, but it doesn’t have to be malware. Extreme temperatures can do weird things to phone batteries. There were definitely a lot of weird things going on at the camps, but none of that is exclusive.”

Quentin is still interested in investigating further, however, but the case needs a digital forensics expert, which is costly.

“Even if we do find malware that looked like spyware, and we were able to prove from time stamps that they got it while they were at Standing Rock, we would still need to prove where it came from. If the server is owned by law enforcement or TigerSwan, then you have solid attribution. If that’s not the case then it becomes much harder to figure out who to blame.

“But my opinion is not shared by some of the other experts. If people have solid evidence I would happily continue to investigate.”

Colorado resident Christina Arreguin’s first phone at Standing Rock became little better than a paperweight in mid-October, she said. She had 80 percent battery left when it got hit, but even after trying three separate chargers, her phone was never able to call or text again. She learned to adapt quickly; stowed the battery in one pocket, and her new phone in the other when she went to the frontlines.

The attacks weren’t isolated to the frontlines. Cars broke down when a helicopter flew by, she noticed. 

“The sound from the planes so much became like part of the background, just a familiar noise, kinda like how you get used to the beep from a smoke detector after a while,” Arreguin said. “I do remember a helicopter though, when the Blazer broke down it looked different than the other ones.” 

The omnipresent white helicopter over Standing Rock camps – photo provided by Myron Dewey

“When the Cessna flew by, that’s when cellphones got zapped,” Lisa Ling, also with Geeks Without Bounds, said. Ling is a former Air Force technical sergeant who worked in America’s armed drone program in what is known as a Distributed Ground System, a secret networked killing operation capable of sucking up personal data to be able to track and shoot people anywhere, and at any time. Ling turned whistleblower in 2014, and her testimony was featured in the 2016 documentary film National Bird

On Ling’s first trip to the Standing Rock camps, Internet connection was difficult. 

“When we first got there the only place you could get any connectivity was Facebook Hill,” Ling said. “If you left Facebook Hill there was no connectivity.” On her second trip, she said random places in the camps had connectivity. She knocked on tent and tipi doors asking people if they had boosters. No one had any. 

“My phone actually got zapped a number of times by some sort of EMP,” Ling said. “These cellular disruptors, as we call them, can do physical damage to the phone.” Such an attack is not legal for a private company to issue, and Ling said it should not be legal for law enforcement to utilize without warrants. 

FOIA requests to the Office of the Governor of North Dakota, to the Bureau of Indian Affairs, to the North Dakota National Guard, so far, have revealed that no warrants were issued for the use of cyber weapons outside of Standing Rock.

Such attacks are an invasion of privacy, a right protected by the Fourth Amendment of the US Constitution, which states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause.”

Fiber optic box broken into near Standing Rock – photo provided by Lisa Ling

“I paid close attention to what things flying above us when certain things happened,” Ling said. “And there was a small white plane, and that’s the thing that flew when our phones got zapped. So if you managed to turn your phone off when that thing came by, then your phone wouldn’t get zapped. When that Cessna was up, cellphones got zapped, and it wasn’t because of the cold, as they’re trying to say, it happened before the winter as well.” 

Ling brought radios to the camps to help with communication and safety during sub-zero temperatures, she said, but TigerSwan operatives discovered their frequencies and harassed them. Internet cables were cut inside the dome by infiltrators, she said. 

“They were intentionally interrupting that,” Ling said, adding that during the freezing winter months such interruptions could have cost lives. 

The automobile breakdowns coincided with either the private Cessna that circled the camps, or with helicopters. 

“I documented, I have proof,” Dewey said. Proof was easy to obtain because of the “digital divide” separating Indian country and the rest of the modernized world. He spotted and photographed a Stingray device near Highway 1806 where Standing Rock Sioux Tribe Chairman Dave Archambault II was arrested. 

Myron Dewey with drone, all charges against him dropped earlier this week – Facebook page

The device has been identified by multiple sources as a semi-mobile Stingray rogue field intercept cell tower antenna array with collection and detection gear powered by a grid utility pole with a battery backup.

“It was easy to identify cyber warfare out there, because we already were in a digital divide,” Dewey said. Dewey is also a filmmaker, uses drones, and lost at least three to gunfire and electromagnetic field devices, he said. Charges against Dewey were dropped this week, and he is waiting the return of one of his drones in Mandan. 

“Indian country has been in a digital divide since America has had access to technology.” 

Dewey claims that TigerSwan operatives on snowmobiles chased him while he was driving, and he has video to prove the harassment. One of his drones was hit at Treaty Camp, which was taken over by law enforcement on October 27, 2016.

“The drones were hit several different ways, so I sent one drone up and another to film it and see what happened,” Dewey said. “It seemed like an EMP charge, but it was more like a wave, and it dropped into the water.”

His mobile phone also got hacked, Dewey said. “It started recording my voice right in front of me and another guy, and then sent to text. I was really paranoid a lot of the times, but I had people to protect me some times.”

In addition to the cyber attacks, TigerSwan operatives, or security personnel working under the TigerSwan umbrella, boarded vehicles like pirates to a ship, he said, smashed out windows, stole radios to report misleading information, and curse.

“‘We’re going to rape your women and have half-breed babies,’” Dewey said the security operatives would yell over frequencies activists used. The threats were difficult to ignore as they brought on old fears from native oral stories and traditions handed down for generations.

“If the military catches you, stuff your insides with dirt in the hopes that they kill you,” Dewey said. “We thought the police were there to keep the peace, but it was like Custer who wanted the gold. History repeating itself, the second wave of Custer’s cavalry, and they felt the need to win.”

Dewey drives a Yukon Hybrid, and had just installed a new battery when it too was fried at the Standing Rock camps. The first electromagnetic pulse hit the camps in August, Dewey said. “Several hoods were up, and I went over and asked them what happened and they said they’re batteries were dead as well.” 

The cyber field of battle sits in a legal gray zone, but inside the United States only a government entity has the authority to utilize use cyber weapons. Private companies, even if they are attacked first, cannot legally reciprocate on their own volition.

“So my educated guess is that the IMSI Catchers were owned and authorized by either or both the Morton County Sheriff’s Department and the National Guard, but the chances are similarly high that they would not have had the experience to manage them, so that is where TigerSwan comes in,” Sterling said.

“It is also possible that nobody really cared, and that they were owned by TigerSwan themselves.”

Outside of the NSA, the CIA, the FBI, and a handful of other government agencies, only criminal organizations and massive corporations have the funds to purchase and store high-end disruptive cyber weapons. A zero-day vulnerability exploit targeting Apple products can cost as much as $500,000.

IMSI Catchers used to be difficult to obtain, but now can be bought online for under $2,000 on Alibaba, or from dozens of companies online some of whom specify their products are for law enforcement use only.

“What we got now is the lull between battles,” Sterling said. “It will more likely be seen in the big cities soon, Standing Rock Part Two, in terms of the cyber warfare, the strong-armed tactics, and not just militarized police, but the militarized contractors as well.”

North Dakota National Guard vehicles at Standing Rock camps – photo provided by Myron Dewey

The gray zone

Cyber weapons are not lethal in the sense of traditional weapons, but can also be dangerous and disruptive far beyond an intended target, Shane Harris, the author of the 2014 book “@ War: The Rise of the Military-Internet Complex,” wrote. Harris is a senior correspondent at the Daily Beast and covers national security, intelligence, and cyber security. 

Cyber warfare began in the 1990s. Early pioneers, or cyber warriors, blazed a complicated legal trail into the 2000s until 2013, when former President Barack Obama issued executive order PDD-20, effectively paving the way for more streamlined cyber defense and offense. 

Black helicopter flying over the Standing Rock camps – photo provided by Myron Dewey

The president must order all cyber strikes internationally; no private companies are authorized for digital, cellular, or cyber offensive actions. Despite a contentious relationship between government agencies and private companies, “there’s an alliance forming between government and business in cyberspace,” Harris wrote. 

“It’s born of a mutual understanding that US national security and economic well-being are fundamentally threatened by rampant cyber espionage and potential attacks on vital infrastructure,” Harris wrote. 

Oil pipelines are included under the infrastructure category by the Department of Homeland Security, as are dams, chemicals, emergency services, communications, critical manufacturing, healthcare, water and wastewater, transportation, information technology, and government facilities, along with other sectors of economy. 

Approximately 85 percent of the computer networks in the United States are owned and operated by private groups and individuals, and any one of the telecom companies, the tech titans, the financial institutions, the defense contractors, could be the weak link against cyber attacks. 

“The government has decided that protecting cyberspace is a top national priority,” Harris wrote. “But the companies have a voice in how that job gets done. That’s the alliance at the heart of the military-Internet complex.” 

Masked TigerSwan employee – photo provided by Myron Dewey

The Homeland Security Presidential Directive, or HSPD-7, signed by former president George W. Bush on December 17, 2003, seeks to protect infrastructure from “terrorist attacks.”

During the months TigerSwan was illegally involved as the chief security organizer for Energy Transfer Partners’s oil interests, the security company called activists camped against the Dakota Access Pipeline terrorists, even jihadists.

“Terrorists seek to destroy, incapacitate, or exploit critical infrastructure and key resources across the United States to threaten national security, cause mass casualties, weaken our economy, and damage public morale and confidence,” HSPD-7 reports. 

“While it is not possible to protect or eliminate the vulnerability of all critical infrastructure and key resources throughout the country, strategic improvements in security can make it more difficult for attacks to succeed and can lessen the impact of attacks that may occur. In addition to strategic security enhancements, tactical security improvements can be rapidly implemented to deter, mitigate, or neutralize potential attacks.” 

The lines between spies, saboteurs, or intelligence gathering and military operations are blurred. Intelligence gathering techniques fall into a legal gray area and while the tactic may not be illegal for a federal or police agency to conduct on US citizens, the evidence obtained by such means may still not be allowed in a court of law. 

Daily, TigerSwan coordinated and provided intelligence to Energy Transfer Partners and others. TigerSwan placed operatives in the law enforcement joint operations center, and were responsible for in-depth analyses of cyber, workforce, facility, electronic, and environmental security threats, according to the North Dakota Private Investigation and Security Board.

Emails shared between Morton County Sheriff’s Department Public Information Officer Rob Keller and Office of the Governor of North Dakota Communications Director Mike Nowatzki, the governor’s office was knowledgeable of TigerSwan’s activity, but reported they did not know the security company was working illegally.

“I wanted to give you a heads up on this Energy Transfer and TigerSwan meeting with Kyle [Kirchmeier],” Keller wrote to Nowatzki on January 16. “I don’t know the intent and the PIOs will not be there.” 

“If it is a closed session, it’s fine,…” Nowatzki wrote back. “Our JIC PIO and Unified Command meet from 0830 to 1000 (CT) every Tuesday so that battle rhythm should be protected with our state team.” 

Battle rhythm is a military term, meant to describe the maintenance of synchronized activity and process among distributed “warfighters,” according to the Defense Technical Information Center.

“I was deployed to the Middle East, and the term was used there,” Ling said. “I worked in the drone program, and the term was there. I worked in the National Guard and the term was used there, but I have never heard the term battle rhythm used in a civilian setting. It would imply that there is an enemy.”

– This story is part of the ongoing investigation into government and TigerSwan’s actions during the Dakota Access Pipeline controversy. 

DAPL Whistleblower In Hiding After Receiving Threats, ND Board files civil action against TigerSwan

North Dakota Private Investigation and Security Board cites TigerSwan for illegal activity, FOIA requests pending without response from ND governor’s office

By C.S. Hagen
BISMARCK – Former DAPL security employee turned whistleblower, Kourtni Dockter, is in hiding. Threats from “concerned citizens” have been made against her; a black truck with no license plates is surveilling her parents’ house.

“They have threatened me, claiming that I’m a junkie drug addict and they want to come beat my ass,” Dockter said. “When we get evidence of that, that could be considered tampering with a federal witness.” 

Despite her checkered past and brushes with the law, she is not reneging her stance, and is prepared to testify in court to what she calls illegal actions of TigerSwan and other security companies involved in protecting the Dakota Access Pipeline. 

Kourtni Dockter – Facebook page

Speaking out against the tactics used on the Standing Rock Sioux Tribe and supporting activists — known as water protectors — was not a decision Dockter made overnight. The more than 20,000 activists and supporters of the anti-DAPL movement at the camps were called terrorists by state politicians, and ideological jihadists with a “strong religious component” by TigerSwan leadership.

“They talked about jihad all the time,” Dockter said. “Every day I heard it, from the security workers to the DAPL actual employees. They told everyone to be armed. Basically, TigerSwan was trying to portray this as, ‘You guys need to fear for your lives.’”

The terms were indoctrinated into security personnel meetings, disseminated to mainstream media disguised deliberately as news, when at least part of the violence along the pipeline in 2016 and early 2017 was amplified and created by the security companies, most importantly TigerSwan, according to leaked and requested documents first published by The Intercept

TigerSwan, a private security company with a long history in Afghanistan, also stated on February 27, 2017 that since the NoDAPL movement followed jihadist insurgency models, expect a “post-insurgency model after its collapse.” 

Exposing the agenda behind the 1,172-mile-long, $3.8 billion pipeline financed by Energy Transfer Partners and 17 financial institutions such as Bank of America, Wells Fargo, BNP Paribas of France, was an idea she and former boyfriend, Kyle Thompson, had been planning for months, she said. 

“This has nothing to do with me being an angry girlfriend,” Dockter, 22, said. “I know that my criminal record and history will be brought up, but I am willing to stand tall. I am expecting everything. I’m about to be put into the line of fire, but I know, in my heart, it is the right thing to do.”

Posing for a picture at a barricade – that was not set on fire by activists, according to activists – online srouces

The months John Porter, listed as TigerSwan’s chief security officer for Energy Transfer Partners, were by far, the most violent, Dockter said.

“There was a huge change,” Dockter said about when TigerSwan was actively present. “It went from military-style operations basically back to simple security work.”

Harsh winter weather, President Donald Trump’s executive order allowing the Dakota Access Pipeline to get back on track, and the successful siege tactics used against Standing Rock camps, killed much of the activist spirit, former security worker at Oceti Sakowin, Mike Fasig, said.

“We were pretty well boxed in,” Fasig said. “Things calmed down because we never could get past anything. There were five-ton military trucks and barricades that boxed us in. There wasn’t really anything we could do.” 

“It was insane,” Dockter said. “This was their constitutional right, and they’re getting their lives threatened. They tried to justify the reasons they would have to use deadly force, and there were no instances of water protectors committing violent acts on police. 

Some of the acts reported by law enforcement were committed by security company infiltrators disguised as activists, Dockter said. The charge is one long discussed at the Standing Rock camps, but one for which there was little proof until Dockter came forward with information. “They did send their infiltrators in to disguise themselves, and they did light equipment on fire. John Porter headed all those operations.” 

Her family supports her, she said. Her father, especially, is undaunted. She described herself as a diehard liberal, who was against the pipeline to begin with, but after meeting Thompson at a local McDonalds, it was love at first sight. 

“He opened up to me the first night,” Dockter said. The two met on Facebook, and she believes Thompson originally wanted to meet her for information as she had friends involved in the Standing Rock camps. “We hit it off. We told each other everything that first night. And after, we never left each other’s side.” 

Thompson was nicknamed the “DAPL Apple” — as he is part Native American, and was “red on the outside, white on the inside,” Dockter said. A veteran, and recipient of a Purple Heart, Thompson suffers from what she believes is PTSD after two tours in Afghanistan and one tour in Iraq. Thompson slowly pulled her into working for North Dakota-based EH Investigations and Security, LLC. Initially, he wanted to become involved with security work because he wanted to protect everyone involved, Dockter said. 

“At first I was very hesitant, but the pay was good,” Dockter said. “I’m not some DAPL infiltrator here. I feel like I sold out for a guy that I loved. I put him above everything and threw away my beliefs.” 

Attempts were made to contact Thompson, but he refused to comment. 

Text from EH Investigations to Kourtni Dockter – provided by Kourtni Dockter

In January, Dockter began working for EH Investigations, which was subcontracted by Leighton Security Services as the Texas-based company was not authorized to work in North Dakota. She was paid $18 an hour, sometimes working 36-hour shifts, she said. She became aware of daily closed meetings known as “The Talk,” where TigerSwan personnel, led by Porter, directed and coordinated security measures and infiltration tactics, reinforcing the notion that the activists were terrorist-like jihadists. 

“They acted above law enforcement for sure,” Dockter said. “They directed law enforcement, and that is where they talked about classified stuff. Sometimes I would sit outside the door and there are a couple things I overheard. 

Dockter also described TigerSwan media cells using high-tech software to discover locations and intelligence in private social media pages, Dockter said. TigerSwan documents also show that security personnel relied heavily on social media postings for information.

Eventually, Dockter was fired after EH Investigations personnel discovered her past with drugs and forgery. 

“Because of my criminal record they could not have me out there,” she said. “I was already out there for about a month before they found out.” She is unfazed by those who say she is not a credible witness. “It doesn’t bother me, because what I am saying will be backed up with evidence.”

Months before Thompson’s arrest on domestic abuse and drug paraphernalia charges in April, the young couple was planning on quitting drugs and blowing the whistle on TigerSwan, she said. The activities she saw, the plans she heard while with Thompson or working in security, has been eating at her conscience. 

The initial stages of building the barricade at Backwater Bridge – photo by C.S. Hagen

TigerSwan’s claws sunk deep
The morning after law enforcement cleared the “Treaty Camp” on October 27, 2016, hundreds of activists defending Native American treaty rights, water rights, and land rights, lined up north of three smoldering vehicles. Fifty yards away, construction trucks set the first cement blocks in a line, forming the second barricade on Highway 1806. 

Weeks earlier and under emergency orders issued by former Governor Jack Dalrymple, the North Dakota National Guard manned the first barricade, more of a checkpoint for passing cars. 

Tensions brewed at the frontline that day. Police or security personnel taunted activists through a megaphone, teasing them about being cowards behind masks. At their line sat military Humvees, a tan armored vehicle equipped with a sound cannon. Activists brandished plywood shields, and refused to budge. Most activists shouted peaceful messages; one man hurled insults at the police. 

After police issued a final warning, law enforcement from five states decked out in sheriff deputy uniforms, riot gear, and armed with mace, pepper spray, rubber bullets, zip ties and clubs, some with live ammunition, formed a Roman-style phalanx and marched down the highway toward Backwater Bridge. Activists smudged each other with burning sweetgrass and sage. One woman sat amidst the crowd praying, crying so hard her shoulders shook. Two women hugged each other tightly as the marching police neared. 

The day was saved by one man with snowy-white hair, smoking a pipe, and wearing a jogging suit, Miles Allard, an elder from Standing Rock. After negotiations, both sides backed down, but the near-altercation was a sign of bigger events to come. 

Standing Rock elder Miles Davis approaching the police line – photo by C.S. Hagen

TigerSwan, straight from the war-torn fields in Afghanistan, was in town. One of the first things the mercenary-for-hire company did was gather all the security companies and put them under a “unified command structure,” according to a September 7, 2016 TigerSwan overview report. 

TigerSwan operatives called security workers from Silverton International unprofessional and unarmed. Other security companies involved included: Thompson-Gray LLC, Knightsbridge Risk Management,10 Code Security, established in Bismarck in 2010, and RGT Security, LLC, registered in Plano, Texas in 2016, Iowa’s Per Mar Security Services, SRC, Inc. in New York, and veteran-owned OnPoint Security Group LLC, from Iowa.

Not surprisingly, TigerSwan took the “fusion lead.” Now, the mercenary-for-hire company and its founder, James Patrick Reese, face a civil action lawsuit filed by the North Dakota Private Investigation and Security Board on June 12, 2017. 

The phalanx of law enforcement coming for activists on Backwater Bridge – photo by C.S. Hagen

“The Board has taken an administrative complaint which it has brought against EH and its principal, and that is pending,” Monte Rogneby, attorney for Vogel Law Firm and the North Dakota Private Investigation and Security Board, said. 

“The board is in the process of a civil action against TigerSwan, and that I believe is out for service. The board does have civil authority to initiate either administrative actions or civil actions under the Century Code.”

A security company providing illegal security services in North Dakota is a Class B misdemeanor, Rogneby said. Class B misdemeanors can carry a potential sentence of up to one year in jail and $2,000 in fines, according to the North Dakota Century Code. The board’s investigation is ongoing. 

TigerSwan Inc., with offices in Iraq, Afghanistan, Jordan, Saudi Arabia, India, Latin America, and headquartered in North Carolina, has won more than 13 contracts with the U.S. Department of State, the U.S. Department of Defense, the Department of Homeland Security since 2014 worth more than $9 million, according to USASpending.gov. 

The North Dakota Private Investigation and Security Board is a governor-appointed committee that licenses and regulates private security industries, according to its website. 

EH Investigations civil complaint
According to the civil complaint filed by the North Dakota Private Investigation and Security Board, Jeremie Meisel is listed as the responsible license holder for EH Investigations and Security, LLC, a licensed security agency in North Dakota. In August, 2016, Meisel and EH Investigations were contacted by Leighton Security Services, Inc. to assist with security along the Dakota Access Pipeline. 

“Leighton is not licensed or registered to provide private security within the State of North Dakota,” the civil complaint stated. “Meisel and EH Investigations conspired with Leighton to assist Leighton in hiring and deploying within the State of North Dakota unlicensed or unregistered individuals to provide private investigative services in violation of North Dakota law.”

In the fall of 2016, Meisel relinquished his responsibility to Leighton in violation of North Dakota law, according to the civil complaint. The civil complaint further mentioned some of EH Investigations employees: Richard Anderson, Jason Wentz, Chris Anderson, Eizabeth Marlow, Merry Jenson, and Kimberly Stuart. None were registered in North Dakota to provide security services at the times of their hiring.  

The North Dakota Private Investigation and Security Board further requested a hearing to revoke the license and registration of Meisel and EH Investigations, or take lawful disciplinary action against them. 

Calls were made and messages were left to EH Investigations personnel for comment, but no replies were made at press time. 

Screenshot of the civil action lawsuit against TigerSwan

TigerSwan civil action 
The civil action lawsuit against TigerSwan revealed the mercenary-for-hire company had a methodical and blatant disregard for North Dakota laws. 

Energy Transfer Partners hired TigerSwan in September 2016, the civil action lawsuit reported. 

TigerSwan’s mission: conduct static and mobile security operations in support of the pipeline construction throughout North Dakota. The mercenary-for-hire company provided around-the-clock protection for DAPL, enlisting an “all elements are engaged to provide security support to DAPL” methodology as its execution model, according to TigerSwan organizational paperwork.  

Protect the DAPL contractors, protect DAPL machinery, protect DAPL material, protect DAPL reputation, was TigerSwan’s rallying cry, according to TigerSwan operational reports.  

On or before September 23, 2016, the North Dakota Private Investigation and Security Board notified TigerSwan with a letter that it was illegally providing security services in North Dakota. 

TigerSwan’s response: “TigerSwan is not conducting ‘private security services’ in North Dakota.” 

On October 5, 2016, North Dakota Private Investigation and Security Board sent TigerSwan the guidelines for licensure in the state, and on November 16, 2016, TigerSwan submitted its application on behalf of Reese, but its application was denied one month later. 

TigerSwan was denied a license because it failed to provide positive criminal history for one or more qualifying offenses, it did not disclose adjudications of guilt, and it failed to provide sufficient information to the Board “to determine whether a reported offense or adjudication has a direct bearing on Reese’s fitness to serve the public.” 

After an attempted review, TigerSwan’s license application was rejected again on January 10, 2017, because the company failed to respond to the North Dakota Private Investigation and Security Board’s request for the company’s activities in North Dakota prior to its application for licensure. 

TigerSwan’s mercenaries, armed with semiautomatic rifles and sidearms, continued security services before, during, and after its license application was rejected, according to the lawsuit. The company also utilized international anti-terrorist strategies and tactics against NoDAPL activists. 

“TigerSwan provides ‘safety and security’ services, utilizing claimed trademarked methodologies (F3EAR and NIFE) to identify and mitigate risks through the corporate operating environment,” the civil action lawsuit states. “These services include providing in-depth analyses of cyber, workforce, facility, electronic, and environmental security threats.”

F3EAR®Find, Fix, Finalize, Exploit, Analyze, and Recur – former DELTA FORCE leaders who execute cyber and on-site infiltrations to identify weak spots in digital networks, employee bases, operations, and structural security.

NIFE® — Department of Defense compliant, military-grade data and human intelligence that analyzes networks, individuals, facilities, electronics, and the environment to manage risks associated with information security. 

Daily, TigerSwan coordinated and provided intelligence to Energy Transfer Partners and “others related to the ongoing protests over the Dakota Access Pipeline construction project,” which would include the representatives of more than 1,300 law enforcement officers from five different states who participated in the controversy.  

Intelligence came in the forms of flyover photography, summaries of arrests, activist activity, numbers, alleged criminal actions, and equipment. TigerSwan also provided projections of activist activity including the surveillance of social media accounts, according to the lawsuit.

“TigerSwan provided private security services to Energy Transfer Partners concerning the pipeline, and coordinated with other security providers and local law enforcement in carrying out these activities,” the civil action lawsuit reported. 

TigerSwan maintained the Joint Operations Command Center to coordinate security and intelligence gathering, and organized a Quick Reaction Force to respond to activist activities. It was also the main force behind suspected cybercrime acts on behalf of Energy Transfer Partners upon the hacking group “Anonymous” and other threats against Energy Transfer Partners and the company’s executives. 

TigerSwan operatives took keen interest in Native Americans from Standing Rock, Red Warrior Tribal security, Pine Ridge Sioux, the American Indian Movement, and others from Polynesia and Palestine. 

“The presence of additional Palestinians in the camp, and the movement’s involvement with Islamic individuals is a dynamic that requires further examination,” a September 21, 2016 situational report stated. “Currently there is no information to suggest terrorist type tactics or operations; however, with the current limitation on information flow out of the camp, it cannot be ruled out.” 

Approximately 761 people were arrested by law enforcement from August 2016 until February 2017, and more than $38 million was spent by the state defending Energy Transfer Partner’s Dakota Access Pipeline, which already has sprung two leaks.

Last week, U.S. District Judge James Boasberg ruled that the U.S. Army Corps of Engineers “mostly complied” with environmental law when approving the pipeline, but failed to consider some matters important to the Standing Rock Sioux Tribe. The Dakota Access Pipeline began shipping oil on June 1. 

On June 7, a Freedom of Information Act request was made to the Governor’s Office of the State of North Dakota pertaining to TigerSwan activities in North Dakota, and a second request was made on June 20. The Governor’s office responded early this week.

Through emails between Morton County Sheriff’s Department Public Information Officer Rob Keller and Office of the Governor Communications Director Mike Nowatzki, the governor’s office was knowledgeable of TigerSwan’s activity.  

“I wanted to give you a heads up on this Energy Transfer and TigerSwan meeting with Kyle [Kirchmeier],” Keller wrote to Nowatzki on January 16. “I don’t know the intent and the PIOs will not be there.”

“If it is a closed session, it’s fine,…” Nowatzki wrote back. “Our JIC PIO and Unified Command meet from 0830 to 1000 (CT) every Tuesday so that battle rhythm should be protected with our state team.”

Former DAPL Security Speaks Out, Damning TigerSwan Tactics 

By C.S. Hagen
CANNON BALL
– Speaking from a nondescript hotel room, a former DAPL security employee revealed secret agendas, illegal activities, and widespread drug use among private security employees hired by Energy Transfer Partners to protect the company’s interests along to the Dakota Access Pipeline in North Dakota. 

Kyle Thompson and Kourtni Dockter – Facebook page

Describing an agenda that included setting company vehicles on fire, stealing equipment, and intentionally riling up protesters, Kourtni Dockter, 22, of Bismarck, exposed that the security firms involved actively attempted to pin illegal activities on activists. 

Dockter contacted Michael Fasig, who worked Oceti Sakowin security during the controversy, and Aubree Peckham, both affiliated with ActivateNow, an independent news network, for the interview. Days before she spoke, she made an announcement. 

“Free bird,” she wrote on her Facebook page on June 5. “Prepare for a major info drop my fellow ex-DAPL workers… I’m about to expose everything that illegally happened during my job working security.”

Appearing slightly nervous, Dockter first said that she was speaking of her own free will, and had not been coerced in any way. “I’m doing this because I want to expose the truth,” she said. 

Dockter is also the former girlfriend of Kyle Thompson, the Thompson-Gray LLC security employee who was disarmed by activists of a AR-15 on October 27, 2016 while reportedly driving his pickup truck at high speeds toward the Oceti Sakowin camps. 

Starting early November 2016, Dockter said she worked with Leighton Security Services, and “never left his [Thompson] side after that.” She would frequently meet at the Mandan Yard where the security firms, TigerSwan Inc., Leighton Security Services, LLC, established in 2011 in Honey Grove, Texas, and 10 Code Security, established in 2010 in Bismarck, frequently met with pipeline executives and law enforcement. 

Leighton Security Services owner Kevin Mayberry, said he has never heard of Dockter, but that if she had worked for his company it would have been indirectly with EH Investigations LLC.

“We subcontracted to them,” Mayberry said. “I got some word about some lady who was saying something about TigerSwan, but we didn’t have anything to do with anything like that what was going on. Our only part up there was watching welding equipment and working in the main yards.” 

“Our company was never mentioned in any type of scandalous way up there,” Mayberry said. “We pretty much kept to the sidelines, and I wouldn’t let my company get involved in the things that were going on up there.”

When asked if he knew about any illegal activity committed by pipeline security personnel, he said that he would need to talk to his company’s legal counsel before divulging any more information. “I got my opinion, but it would all be speculation,” Mayberry said. “My company, me, I would not let our guys get involved because I didn’t think it was right.” 

EH Investigations LLC is listed as a limited liability company involved with private investigations and security, and established on November 5, 2015 in Bismarck, according to the North Dakota Secretary of State. Other media have listed HE Security, Russell Group Security, and SRG Security, along with other security agencies, worked the Dakota Access Pipeline route, and were responsible for equipment safety, drilling operations, and filming operations. 

Dockter said illegal activity was encouraged by security companies, who used agents to infiltrate the camps, and commit crimes that were later pinned on activists. 

“They [security companies] had incentives for people to hurt other people,” Dockter said.” They wanted the protesters to be riled up, they wanted their guns shown, they even sent in people from the other side that would have guns to make it seem that the protesters had guns and they could jump in and act on it.” 

TigerSwan at times authorized deadly force, and looked favorably at employees who incited violence that led to arrests, Dockter said. 

“They did have deadly force authorized, but there were times like the incident with the horse when TigerSwan authorized deadly force and they’re not even supposed to be doing that. They acted above the law.”

She went on to describe a day when Thompson allegedly swerved into the opposite lane into oncoming traffic and intentionally sideswiped youth on horseback. 

The live feed frequently suffered interruption, garbling some of Dockter’s responses. “We’ve been DAPLed,” was a response many watchers joked about, referring to the cyber warfare activists reported they experienced while at the camps outside of Standing Rock. 

Thompson did not have a driver’s license, or a security license, Dockter said. On the day he was arrested by the Bureau of Indian Affairs and turned over to the Federal Bureau of Investigation, he was snorting methamphetamine on a hill overlooking the camps, she said. 

Brennon Nastacio and Kyle Thompson on October 27, 2016 – online sources

“Once he was up for a week,” Dockter said. He was very high and strung out. When he’s high his voice changes. Kyle was trying to keep it all together, he was the only one who could do it, because he was high on meth. It’s ridiculous that Kyle pulled a gun, but doesn’t get in trouble. It’s crazy some of the things he pulled he gets away with, but the protesters would get arrested, maced right on the spot.”

Thompson has been repeatedly contacted for comment, but offered no reply to the accusations made by his former girlfriend.

Security employees were also overworked, and security firms frequently overcharged their employer, Energy Transfer Partners, Dockter said. 

“We had these positions filled, inserted these fake names on timesheets… to turn in to DAPL,” Dockter said. Out of 12 positions allocated for, only seven people worked security for Leighton Security Services, Dockter said. 

Dockter painted a picture resembling a Wild West show, with security personnel’s disregard for law and order, and a desire to become their employer’s hero of the week. 

“He said he ran into people, he ran into horses, he didn’t care,” Dockter said. “He wanted to. He liked it. He said ‘We didn’t know what they were capable of. We feared for our life.’” 

After the Treaty Camp was cleared on October 27, TigerSwan mercenaries set fire to the five-ton trucks on the bridge, she said.

“TigerSwan sent people out at night to light equipment on fire,” Dockter said. “John Porter was sent to set equipment on fire overnight. He did it solo, he had backup, had some drone coverage, but they set their own equipment on fire.” 

Private security personnel along pipeline route – online sources

Porter was the chief security officer for Energy Transfer Partners, according to documents leaked to media outlet The Intercept. Porter’s LinkedIn profile lists that he was the principal logistics advisor to the Afghan National Army and the Afghan Ministry of Defense from 2016, where he was responsible for advising, mentoring, and training for intelligence systems. Energy Transfer Partners is the parent company of Dakota Access LLC, who was responsible for construction of the 1,172-mile-long, $3.78 billion pipeline. 

Thompson also allegedly stole a radio from an elder at the camps, Dockter said, and went inside the camps on multiple occasions. Security personnel used the radio to spy on camp organizer’s radio frequencies. 

On November 21, the night of the standoff on Backwater Bridge, where law enforcement used water cannons, concussion grenades, rubber bullets and other non-lethal means against hundreds of activists in sub-freezing temperatures, security personnel infiltrated the “other side” to provoke, she said. 

“They were saying that protesters were throwing propane tanks,” Dockter said. “What actually happened was that TigerSwan sent people to the other side to start it. That’s why, they provoked it. Lots of money…

“That was definitely a provoked incident. Definitely.”

She referred to the same night that Sophia Wilansky, from New York, nearly had her arm blown off by what activists say was a concussion grenade, and what law enforcement claim was a homemade Coleman propane tank bomb.  

In an unrelated incident, Thompson, 30, was arrested April 18 for simple assault domestic violence, carrying a concealed weapon, and for possession of schedule I, II, and III drug paraphernalia, according to the Burleigh County arrest records. By the following afternoon, the domestic abuse charge was dropped, leaving two Class A misdemeanor charges: carrying a concealed firearm in his vehicle, and possessing drug paraphernalia, namely syringes and spoons, to consume methamphetamine, according to the Burleigh County Clerk of Court.

Dockter’s interview comes partway through a series of stories first revealed by leaked documents given to The Intercept, describing the private security company, TigerSwan Inc., and its relationship to local law enforcement, Energy Transfer Partners, and government agencies. 

TigerSwan Inc., with offices in Iraq, Afghanistan, Jordan, Saudi Arabia, India, Latin America, and headquartered in North Carolina, has won more than 13 contracts with the U.S. Department of State, the U.S. Department of Defense, the Department of Homeland Security since 2014 worth more than $9 million, according to USASpending.gov.

The North Dakota Secretary of State holds one record for TigerSwan, LLC, established in Fargo on November 7, 2016, seven months after the controversy began. The company led a massive misinformation campaign to infiltrate local and national media calling activists “jihadists” with a religious agenda, and worked closely with law enforcement from five different states, using military-style counterterrorism measures against the movement opposed to the Dakota Access Pipeline.

“Make America Great Again” and private security personnel – online sources

“If you or someone got the protesters riled up and got them arrested, they looked at you way better for that,” Dockter said. “There was definitely incentive for that. They wanted that to happen. They wanted the protesters provoked so they could act on that.” 

Ten Code Security  was contacted for comment, but did not reply or refused to comment. TigerSwan Inc. was also contacted for information, but did not comment. Additionally at press time, it was unsure if Dockter is prepared to testify in any potential court proceedings.

This is a breaking story, updates to continue when available.

Leaked Documents 2: TigerSwan and Government Twist Narrative Over Dakota Access Pipeline

By C.S. Hagen
CANNON BALL – As at Wounded Knee in 1973, the Federal Bureau of Investigation used informants to infiltrate the anti-Dakota Access Pipeline camps, according to government emails leaked to media outlet The Intercept

The claim was widely believed true by activists in the Standing Rock camps against the Dakota Access Pipeline, but was never proven until now. Law enforcement from five different states, the North Dakota National Guard, the National Sheriff’s Association, and TigerSwan security personnel hired by Energy Transfer Partners, the parent company of the Dakota Access LLC, also depended upon extracting information from social media feeds.

Police gather for a photo opportunity before a roadblock setup by activists, reports differ on who set the debris on fire – photo provided by online sources

Leaked emails stemming from the November 21 standoff on Backwater Bridge after militarized law enforcement used water cannons to force back hundreds of activists in freezing temperatures, reveal government agencies’ attempts to control the narrative. Hundreds of activists were reportedly injured, one seriously – Sophia Wilansky – was hospitalized with life-threatening injuries after an explosion nearly ripped off her arm.

“Everyone watch a different live feed,” Bismarck Police Officer Lynn Wanner wrote in an email, which was seen by FBI agents, the Bureau of Indian Affairs, and the U.S. Attorney’s Office.

“FBI inside source reporting propane tanks inside the camp rigged to explode,” Wanner, who according to records acted as an on-the-ground liaison between agencies, wrote in an email.

TigerSwan was quick to respond, worrying that activists would use the growing numbers of people injured as an “anti-DAPL propaganda,” according to records. 

Relying on information from the FBI’s infiltrator and social media posts on Facebook, U.S. Attorney’s Office National Security Intelligence Specialist Terry Van Horn sent out an email a day after the November 21 confrontation saying Wilansky was seen throwing a homemade Coleman-type gas canister bomb on Backwater Bridge.

“How can we get this story out? Rob Port?” Major Amber Balken, a public information officer with the North Dakota National Guard, said. “This is a must report.” 

Cecily Fong, a public information officer with the North Dakota Department of Emergency Services, replied saying she would “get with” the blogger for wider dissemination. 

Medics working to warm a man suffering from hypothermia – photo by C.S. Hagen

Wilansky was injured by an explosion from the activists’ side, Morton County Sheriff’s Department reported at the time, even after many eyewitnesses came forward saying that Wilansky was first struck with rubber bullets, and then targeted by a compression grenade while she was on the ground. Another eyewitness said she was hit first by a rubber bullet, and then by the grenade as she crossed the guardrail south of Backwater Bridge, approximately 30 feet from the frontline.

Lawyers working with Wilansky’s father, Wayne Wilansky, denied the accusations citing government disinformation. Formal notices of claim were filed against the Morton County Sheriff’s Department and Sheriff Kyle Kirchmeier and other law enforcement agencies in May for state tort claims, and for libel, slander, and defamation of character. 

“This is outrageous that this happens in our country, and I’m afraid it’s only going to get worse,” Wayne Wilanksy said in a video interview.

In addition to the FBI’s informant, at least one other person was sighted in the back of a pickup truck holding a fake gun wrapped in duct tape, and another attempted to infiltrate the camps. 

Kyle Thompson, of Bismarck, was disarmed by activists then turned over to the Bureau of Indian Affairs on October 27, 2016. Thompson was later handed over to Morton County, and then released, called a victim. No charges were filed at that time, but Thompson was later arrested in an unrelated case on drug and weapons charges in April 2017 by Bismarck Police. 

Thompson worked for Thompson-Gray LLC, listed under Silverton Consulting International by the Ohio Secretary of State, according to paperwork discovered inside his truck. The company was not authorized to work in North Dakota, and was owned by Charles Graham Clifton, a man who has at least three civil lawsuits filed against him. 

 

Forty-three years after Wounded Knee
In 1973, confrontations between Native Americans and government agencies at Wounded Knee, South Dakota, lasted 71 days, leaving two people killed during shootouts, 12 people wounded, including one FBI agent, and to the arrests of approximately 1,200 people. Forty-three years later, the anti-DAPL movement camped outside Standing Rock for nearly ten months with no casualties, but hundreds suffered from hypothermia under siege-like tactics, and were also hit with mace, rubber bullets, pepper spray, attack dogs, and percussion grenades. Approximately 761 people were arrested by law enforcement, whose efforts and intelligence were coordinated by TigerSwan Inc., the  private security company hired by Energy Transfer Partners. 

Starting soon after Ohio-based Frost Kennels admitted its involvement in altercations when the security company’s attack dogs bit activists in September 2016, TigerSwan stepped in, and worked closely with law enforcement using military-style counterterrorism measures against the movement opposed to the Dakota Access Pipeline, according to documents leaked to The Intercept.  

TigerSwan attempted to target Native Americans, especially those involved in the Red Warrior Society and the American Indian Movement, actress Shailene Woodley, even activists from Black Lives Matter, Veterans for Peace, the Catholic Worker Movement, and Food and Water Watch, according to records, and labelled activists outside of Standing Rock as “jihadists” involved in a religious uprising. 

Daily intelligence report from TigerSwan circulated to law enforcement included this picture of a gorilla overseeing the Standing Rock camps

Aaron Pollitt, 28, from Indiana, was charged on October 22, 2016 by Morton County Sheriff’s deputies for engaging in a riot and criminal trespass, and was also targeted by the FBI’s Joint Terrorism Task Force after leaving Standing Rock. 

“It was really eerie,” Pollitt said. “It is really concerning to be investigated by a terrorism task force or state police, but I am not too concerned.This is an assault on the rights of people to be scaring us away from our right to protest and to free speech.”

TigerSwan Inc., with offices in Iraq, Afghanistan, Jordan, Saudi Arabia, India, Latin America, and headquartered in North Carolina, has won more than 13 contracts with the U.S. Department of State, the U.S. Department of Defense, the Department of Homeland Security since 2014 worth more than $9 million, according to USASpending.gov. The North Dakota Secretary of State holds one record for TigerSwan, LLC, established in Fargo on November 7, 2016, seven months after the controversy began. 

Communication between the various agencies attempts to paint the activists – known as water protectors – as criminals, out of state troublemakers, and sexual deviants, a theme widely reported by the state’s media, particularly on the Forum Communication Company’s right-wing editorialist Say Anything Blog, managed by Port. 

“We probably should be ready for a massive media backlash tomorrow although we are in the right. 244 angry voicemails received so far,” Ben Leingang said on November 21. Leingang is listed as the director of the North Dakota Fusion Center, Bureau of Criminal Investigation, State of North Dakota, by Leadership Directories

The North Dakota Fusion Center was established by current Senator John Hoeven R-N.D., when he was governor in 2007, and began to serve as a industrial surveillance complex for communications between North Dakota law enforcement and National Guard with the federal government for information collections, analysis, and dissemination, according to the North Dakota Governor’s Office. 

 

Creating the government narrative 
In an October 3, 2016 TigerSwan document, security agents attempted to exploit internal divisions between Native Americans and “white allies,” saying that drug use and sexual activity persist among the activists, which at the time was closing in on 10,000 people. What was uncertain to TigerSwan operatives was the “number and type of weapons within the camps or who has been providing military-style training sessions.” 

Nearly every mainstream North Dakota media outlet used more ink to publish stories pertaining to local anger and trash pileups than actual events occurring along the Dakota Access Pipeline. Additionally, law enforcement tried to exacerbate the story that a journalist was attacked inside the camps on October 18. Phelim McAleer, from Ireland, was given permission to enter the camps and soon began asking pointed question about activists being hypocritical, he said. 

McAleer is known as a pro-oil public relations agitator, and ‘professional character assassin’ by many. 

TigerSwan disseminated a Powerpoint report citing positive and negative aspects of the controversy. 

“Positive – Sheriff’s Association continues to publish positive news stories. Local news media is highlighting negative effects the protesters are having to the area.”

“Negative – Protesters continue posting anti-law enforcement anti-DAPL content on social media in order to garner sympathy and support for their cause.”  

TigerSwan also became the law enforcements’ ‘weatherman,’ posting the week’s predicted weather patterns. 

On the south side of the camps, activists held daily classes teaching newcomers about passive resistance tactics, incessantly stressing the importance of non-violent methods. Rules were posted on a large board outside the tent’s entrance. 

Direct Action classroom tent – photo by C.S. Hagen

In the Sacred Stone Camp, medical massages were available for those suffering from muscle or bone injuries. Multiple kitchens were usually busy, either feeding those inside the camps or running food and coffee out to lookout sites. 

Many people wore knives at their belt, a common tool for anyone living in the wilderness. Morton County Sheriff’s Department reported no weapons were found within the camps at any time. Morton County Public Information Officer Maxine Herr added that the department received reports of weapons – other than survival tools – spotted in vehicles and elsewhere. 

Early during the controversy, either due to faulty information from the FBI’s informant, or due to a cultural misunderstanding, Morton County Sheriff’s Department reported knowledge of pipe bombs, which turned out to be ceremonial pipes. When asked about the claim during an interview, Cass County Sheriff Paul Laney told reporters that tribal leaders said pipe bombs were being made inside the camps.

In 2016, Morton County law enforcement agencies received 8,033 reports, of which 5,257 were verified offenses, Herr stated. 

“September to December, when protesters were her in mass, showed a significant uptick,” Herr said. 

Typically, monthly calls for assistance and crime reports average nearly 400 per month in Morton County, according to police records. In 2016, reports began increasing across the county in June, climaxing at 1,159 reports in September, and slowly decreasing until December with 895 reports called in. Numbers reflect all calls made to Morton County pertaining to any situation, not specifically related to the DAPL controversy.  

Standing Rock Sioux Tribe Chairman Dave Archambault and other leaders insisted on peaceful protest and prayer.  Signs were posted at the camps’ entrances not allowing weapons or drugs. Although the camps temporarily became North Dakota’s tenth largest community, few real crimes were reported from within the activists’ camps.

TigerSwan also arranged meetings with the U.S. Army Corps of Engineers, according to documents. In October 2016, the security company also stated activists will continue to “riot” and force law enforcement to respond with violence. The concern revolved around the pipeline project, however, and not the potential life of a human being. 

“The use of force or death of a protester or rioter will result in the immediate halt to DAPL operations, which will likely permanently halt the entire project,” the October report stated. 

Daily intelligence information from TigerSwan to law enforcement

TigerSwan operatives were also concerned about peaceful activists. “It is important to weed out the non-aggressive groups as they will drain our resources in the wrong direction with no effect to our client.” 

TigerSwan was also seeking information at the time when former Governor Jack Dalrymple attempted to enforce fines on what people in his administration termed as “terrorists,” – anyone traveling the roads to the camps and on local sympathizers providing support, logistics, and “potentially shelter for those committing criminal acts.” 

 

Standing Rock Leaders Acquitted 

Hundreds initially charged during the Dakota Access Pipeline controversy, dozens, so far, found not guilty or cases dropped

By C.S. Hagen
MANDAN
– Standing Rock Sioux Chairman Dave Archambault II and Councilman Dana Yellow Fat were found not guilty Wednesday in a jury trial on charges of disorderly conduct.

Dave Archambault at police line August 2016

The charges stemmed from an August 12, 2016 incident near the Cannonball Ranch, where Archambault was filmed pushing his way through a police line, and Yellow Fat grabbed a police officer’s arm. The video was definitive proof of guilt to many critics, but not to Bismarck attorney Erica Shively, of Elsberry & Shively, P.C., who defended Archambault and Yellow Fat.  

“I also knew that police officers got in the way of my two clients headed down a public road that they had every right to travel down unrestricted by law enforcement,” Shively said. 

Mclean County State’s Attorney Ladd Erickson prosecuted the case for Morton County. The jury spent 10 minutes in deliberation before unanimously announcing a not guilty verdict, according to Shively. 

Yellow Fat was unsure of the outcome when he entered the courtroom, he said. 

“Anytime you leave a major decision in the hands of others, no matter how confident you are, there is always that agonizing little voice saying, ‘I hope they get it right,’” Yellow Fat said. 

“I really believe that justice is being served in many of the cases,” Yellow Fat said. “You can’t trample over people’s First Amendment rights to assemble and free speech without negative ramifications. Even if those ramifications are in the court of public opinion. The world watched as this unfolded, and now the world continues to watch it unfold in the court system. 

“These small victories in the court system are a definite positive for our constitutional rights.”

“The State has charged out many cases for which there is no where near adequate evidence to convict folks who were simply exercising their First Amendment rights,” Shively said. “I believe that the state is relying on its belief that the media has sufficiently tainted both the juries and judges in these matters to a point where they will get convictions on bad cases. Thankfully, we are seeing that both the judges and juries, while many may disagree with the position of protesters, they are not letting that affect their duty to deliver justice.”

“It’s really good to hear that Morton County justices are administering the law in this saga,” Chase Iron Eyes, an attorney who also faces felony charges incurred during the Dakota Access controversy, said. “Archambault as well as Councilman Dana Yellow Fat led the early stages of the No DAPL resistance. I fully support the adequate and zealous defense of over 800 people criminally charged in this historic battle.”

Iron Eyes, who ran for Congress in North Dakota last year, said the verdict gives him encouragement. No trial date has been set for his case yet. 

A total of 761 people were charged with crimes during the ten-month controversy, according to Morton County Sheriff’s Department. The movement drew more than 20,000 people from across the world to Standing Rock, and ran the state a bill in excess of $38 million, bringing in police from five different states, the National Sheriff’s Association, the mercenary outfit TigerSwan, and criticism from the United Nations. 

Dozens of activists’ cases stemming from the Dakota Access Pipeline controversy have been dismissed, with only a few being found guilty. On May 25, three felony and misdemeanor charges related to piloting a drone against Aaron Sean Turgeon, also known as ‘Prolific the Rapper,’ were dismissed after Surrogate Judge Allan L. Schmalenberger, a former North Dakota Supreme Court Justice, reviewed the case. Shively also defended Turgeon, she said. 

“Of course I knew I was not guilty, but proving it in court is an entirely different thing, and that’s what we did,” Turgeon said in a video outside of the Morton County Courthouse. He said friends and activists surrounded him when police attempted to confiscated his drone. Without their support, he would not have had the video evidence he needed to prove his innocence. 

“A lot of times what you’re being shown by police officers is not true, and I knew it, but it’s not about knowing it, it’s about proving it.” 

“The police officers were clearly coached by the State’s Attorney to fabricate evidence contrary to the facts by falsifying affidavits on their reports in support of their preliminary hearings,” cooperating attorney Danny Sheehan said. 

Aaron Sean Turgeon ‘Prolific the Rapper’ (right) – Facebook page

“Aside from the fact that we had a very thorough and fair judge in this case which made a huge difference, a lot of the basis for the success in the case today was the support of the water protectors and our client Sean’s video evidence that exposed the falsehoods in the state’s case,” cooperating attorney Doug Parr from Oklahoma City said. “One of my concerns is that the charges in this case appear to have been fabricated to justify the no-fly zone that was imposed in late October of last year.”

Ten cases were dismissed by the Morton County State’s Attorney office on May 9, and two other cases were also dismissed on March 30, according to the Water Protector Legal Collective. 

“Oil may be flowing under Lake Oahe, but the arc of the moral universe still bends toward justice,” The Water Protector Legal Collective stated in a press release. “Water protectors are winning the fight against the head of the “black snake” in the courts, and this Movement has inspired so many to continue this fight elsewhere. These are still sacred times.”

On May 18, the United States District Court dismissed a lawsuit filed by Dakota Access, LLC against Archambault, Yellowfat, and other activists. The pipeline company filed a SLAPP (Strategic Lawsuit Against Public Participation) lawsuit, after activists blocked the pipeline’s path in 2016. Dakota Access, LLP claimed it incurred damages of up to $75,000, but Judge Daniel Hovland found that DAPL could not prove its case, thus, the federal court had no jurisdiction.

While Standing Rock activists’ cases are being dismissed, the $3.8 billion Dakota Access Pipeline has already sprung two leaks, according to the Williston Herald, the Associated Press, and media outlet Business Insider.

Dana Yellow Fat – Facebook page

On March 3, 84 gallons spilled from a leak where two sections of the pipeline connect in Watford City, and then two days later a smaller leak of 20 gallons occurred in Mercer County, according to Business Insider

Yellow Fat is relieved to have the experience behind him, he said. 

“After 10 months, having my trial continued several times, and feeling the stress of deciding to testify or not, it’s a good feeling to put this behind us. My family has been totally supportive, and I appreciate everything they have done in spite of me having to face these charges. 

“To the hundreds still awaiting their day in court, stay positive, keep the faith, stay in prayer. Have faith in the system.” 

TigerSwan Counterterrorism Tactics Used to Defeat Dakota Access Pipeline “Insurgencies”

By C.S. Hagen
CANNONBALL
– Documents leaked to media outlet The Intercept showed private security firm TigerSwan worked closely with law enforcement from five different states, and used military-style counterterrorism measures against the movement opposed to the Dakota Access Pipeline.  

Eviction Day at the camps outside of Standing Rock – photo by C.S. Hagen

Activists were identified, then tracked by name through sightings, Tweets, and Facebook posts. Protest sites were allocated numbers, and detailed accounts of day-by-day actions were monitored and reported to Energy Transfer Partners, the parent company of Dakota Access, LLC. Police officers in areas along the pipeline route who were unwilling to make arrests were dealt with, according to documents, and TigerSwan mercenaries daily planned operations with local police. 

The result led to a massive misinformation campaign, the arrests of 761 activists, journalists, and Native Americans, and more than $38 million the state spent during the emergency state declared by former Governor Jack Dalrymple. In addition, at least three activists who joined the movement against the Dakota Access Pipeline, have been targeted by the FBI’s Joint Terrorism Task Force. 

TigerSwan communications described the movement as “an ideologically driven insurgency with a strong religious component,” comparing anti-pipeline activists to jihadist fighters, and stating the agency expected a “post-insurgency model after its collapse,” according to the documents. 

A September 13, 2016 situation report filed to Energy Transfer Partner Chief Security Officer John Porter by TigerSwan said the Dakota Access Pipeline was 99.98 percent on private land, for which all permissions had been obtained. 

In November 2016, however, Republican Public Service Commissioner Julie Fedorchak stated in an interview that the pipeline is solely on U.S. Army Corps of Engineers’ lands and does not have even one case of eminent domain usage against a private individual. 

“All the easements were obtained voluntarily and only go through Corps land,” Fedorchak said.

TigerSwan’s agenda toward correcting and “guiding” the media was also evident as it continuously stressed its agents would be responsible for contacting the press with corrections to their outlined agenda.

TigerSwan Inc., with offices in Iraq, Afghanistan, Jordan, Saudi Arabia, India, Latin America, and headquartered in North Carolina, has won more than 13 contracts with the U.S. Department of State, the U.S. Department of Defense, the Department of Homeland Security since 2014 worth more than $9 million, according to USASpending.gov. TigerSwan was founded by Delta Force veteran Jim Reese. The retired lieutenant colonel first worked for the State Department with counter-terrorism operations in Afghanistan, and was also a former vice president of Blackwater Worldwide, “the world’s most powerful mercenary army,” according to a book written by Jeremy Scahill entitled “Blackwater The Rise of the World’s Most Powerful Mercenary Army.” 

The North Dakota Bureau of Criminal Investigation looked into private security firms involved with the Energy Transfer Partners near Standing Rock Sioux Reservation last year, and whether the multiple companies involved were authorized to work in the state. The investigation has not led to any charges filed. 

The North Dakota Secretary of State holds one record for TigerSwan, LLC, established in Fargo on November 7, 2016, seven months after the controversy began. 

While North Dakota militarized its police and the state legislature attempted to criminalize many forms of protest last session, the fact that a private security firm retained by a tight-lipped, multi-billion dollar corporation has “profoundly anti-democratic implications,” according to The Intercept

The front line – photo by C.S. Hagen

While the controversy neared its end, an invisible enemy was reported extensively by activists present at the Standing Rock camps. Cellular phones were suddenly drained of power and rendered useless, hard drives were wiped clean. Electronic bugs were discovered inside the nearby Prairie Knights Casino, owned by the Standing Rock Sioux Tribe. The attacks were considered “psychologically-driven” by nonprofit Geeks Without Bounds, who helped activists fight what it called “cyber warfare.” 

“While we were working in the NoDAPL camps, we knew that these tactics were being used,” Dallas Goldtooth of the Indigenous Environmental Network said. “Our devices would stop working for periods of time, hard drives would be cleared of information and footage, and from time to time camp security would identify infiltrators inside the camp who were working for Energy Transfer Partners.”

In addition to the cyber warfare, at least one private security person attempted to infiltrate the camps, and one individual armed with a fake gun wrapped in duct tape was sighted. 

Brennon Nastacio and Kyle Thompson on October 27, 2016 – online sources

Kyle Thompson, of Bismarck, was disarmed by activists then turned over to the Bureau of Indian Affairs. Thompson was later handed over to Morton County, and then released, called a victim. No charges were filed at that time, but Thompson was later arrested in an unrelated case on drug and weapons charges in April 2017 by Bismarck Police. 

“Now we have the evidence. This proof also tells us more about the militarization of the police and the violence they imposed on water protectors. By comparing indigenous peoples to civilians and jihadist fighters, police and security were essentially given permission to carry out war-like tactics on water protectors.” 

The activists who disarmed Thompson of an AR-15 as he was headed toward the main camp, Oceti Sakowin, face felony charges. 

Thompson worked for Thompson-Gray LLC, listed under Silverton Consulting International by the Ohio Secretary of State, according to paperwork discovered inside his truck. The company was not authorized to work in North Dakota, and was owned by Charles Graham Clifton, a man who has at least three civil lawsuits filed against him. 

TigerSwan has ingratiated itself with the National Sheriffs’ Association by becoming a silver partner, according to the National Sheriffs’ Association website. The National Sheriffs’ Association was involved heavily during the Dakota Access Pipeline controversy and wrote a letter the US Attorney General Loretta Lynch, demonizing unarmed activists and the federal government’s lack of response in what it called a deluge of arson, vandals, rioting, and intimidation. 

North Dakota is the second-biggest oil producing state in the United States, and has within its borders an oil patch among the ten largest in the world. Historically, the state been lackadaisical about instituting stricter regulations. A spirit of leniency toward oil companies has been fostered in North Dakota, analysts say. Criticism over lowering fines for oil and saltwater spills and property tax hikes to support big oil’s return have mounted. In January 2016 the North Dakota Industrial Commission, Oil and Gas Division agreed to scrutinize the issues, but behind closed doors. 

Law enforcement behind their own barricade – photo by C.S. Hagen

Some of the state’s top politicians are chairmen or members of regulating agencies governing big oil and Native American interests. Additionally, big oil supports the political campaigns of Senator John Hoeven, Senator Heidi Heitkamp, and Rep. Kevin Cramer, making their voices, according to some, tainted.

The cozy relationship between TigerSwan, law enforcement agencies, the National Sheriff’s Association, and the Peace Garden State’s politicians with the oil and gas industry suggests a partnership that threatens free speech, human rights, and the very basis of democracy. 

“The usage of counterterrorism tactics upon our NoDAPL movement is not only extremely disturbing, but feeds into a historical narrative of oppression that indigenous peoples and people of color have dealt with for generations,” Tom Goldtooth, also of he Indigenous Environmental Network stated. “Many of our brothers and sisters incarcerated across the country for their activism are political prisoners as a result of such disruptive tactics used by companies like TigerSwan.” 

Might And Money Win Again 

As pipelines leak, and Bakken soil is poisoned, North Dakota politicians snuggle closer to oil tycoons

By C.S. Hagen
FARGO
– The collusion between might and money historically has been the beginning of the end for countless empires. 

From China’s Shang Dynasty more than 3,000 years ago to the American Revolutionary War against a corrupt monarchy, when power marries money, downfall always follows.  

North Dakota government’s collusion with private corporations is “so expansive that there does not appear to be a sense in the general public where there is anything wrong with this,” Barry Nelson of the North Dakota Human Rights Coalition said. 

It was the same when ancient China’s King Zhou Xin created a pond filled with wine to float on, or when King George III raised taxes on the colonies to fill royal coffers. Both leaders, at the pinnacle of empire, decided not to listen to what was right, but to what they thought was profitable. 

No ethics committees or commissions exist within the Peace Garden State. Instead, the North Dakota Century Code leaves ethical decisions up to the individual.

“The resolution of ethical problems must rest largely in the individual conscience… to resist influences that may bias a member’s independent judgment,” North Dakota legislation reports. 

Today, the Dakota Access Pipeline is leaking, and the Bakken earth is poisoned. Politicians are welcoming slick-talking oil tycoons like conquering heroes. Despite a United Nations condemnation of state militarized tactics in March, little, if anything, has changed in the Peace Garden State. Hundreds the 761 activists arrested during the Dakota Access Pipeline controversy still await trial, adding to the approximately $38 million the state has already spent militarizing local police and quelling the disquiet outside of Standing Rock. And while litigation continues, it’s business as usual for state politicians. 

On April 19 Valley News Live “Point of View” Anchor Chris Berg posted pictures of Congressman Kevin Cramer R-ND, ceremoniously giving Energy Transfer Partners CEO Kelcy Warren the pen President Trump used to sign the DAPL executive order. Additionally, Berg thanked Warren online for traveling to the Peace Garden State, and asked Governor Doug Burgum – not for the first time – if the state would accept a fat check from the CEO of Energy Transfer Partners. 

Pictures of Rep. Kevin Cramer presenting Energy Transfer Partners CEO Kelcy Warren with pen President Trump used to sign the DAPL executive order – photo listed on POVnow Facebook page

It is a move many suggest is similar to the age of the Pinkerton National Detective Agency collusion with the federal government. Warren continues to offer to pay in full the state’s expenditures used in militarizing police and cracking down on Standing Rock and the No DAPL movement. 

So far, the offer has not been rejected by state politicians.

North Dakota will receive up to $15 million in federal funding for costs incurred during the Dakota Access Pipeline controversy, according to Governor Burgum’s office. 

“We’re committed to pursuing all avenues available to hold the federal government responsible and ensure that North Dakota taxpayers alone don’t bear the enormous costs of law enforcement and other resources expended on the protests,” Burgum said. 

Rep. Kevin Cramer and Energy Transfer Partners CEO Kelcy Warren – photo posted on POVnow Facebook page

Burgum also sent a letter to President Trump stating that the federal government is significantly responsible for costs due to the U.S. Army Corps of Engineers’ failure to enforce regulations. 

“Ethically, it has all the appearances – it has a smell to it – it seems to be undue influence of one industry, one company, on federal and state governments, and you want to believe the government is there to make sure all sides of the issue are addressed,” Nelson said.  

During the Dakota Access Pipeline controversy, the state was not looking out for all sides of the dispute, rather to assist oil industry’s agenda, Nelson said. 

“It’s one thing when it feels like collusion between a government official, in this case Kevin Cramer, and a corporate head of a private industry, in this case a pipeline company, if the general public feels all of this was perfectly justified, then what is considered right and wrong anymore? It makes you step back. The North Dakota Human Rights Coalition believes that this kind of collusion between private industry and government is wrong. Good cannot come out of this. 

“It speaks so much about power and money against the people.” 

Bakken earth is poisoned, according an April 27, 2016 study released by Duke University, funded by the National Science Foundation, and the Natural Resources Defense Council, and published in the Environmental Science & Technology magazine. The study shows that accidental wastewater spills from “unconventional oil production in North Dakota have caused widespread water and soil contamination.” 

Much of the poisons come from brine, or saltwater used in frakking, and is non-biodegradable. 

More than 9,700 wells have been drilled in the Bakken region of North Dakota in the past decade, which led to more than 3,900 brine spills, primarily from faulty pipes, the report states.

The water studied in some spill sites was unsafe to drink, the study reported.

High levels of ammonium, selenium, lead, and salts have been found in the soil; streams have been polluted by wastewater, which contain contaminants, according to the study. Soil along spill sites has also been contaminated with radium, a radioactive element.

“Many smaller spills have also occurred on tribal lands, and as far as we know, no one is monitoring them,” Avner Vengosh, a researcher and a professor of Earth and Ocean Sciences at Duke University said. “People who live on the reservations are being left to wonder how it might affect their land, water, health and way of life.”

The spills are primarily coming from pipelines in the Bakken area, he said. The spill areas have not affected reservoirs for human drinking water, but some are close. Everyone shudders when news of an oil spill breaks headlines; brine spills are far more frightening, he said.

“Nature cannot heal from inorganic brine spills,” Vengosh said. “The contaminants are going to stay. You can dilute and over time this will help, but the actual concentration will remain.”

In other words, areas where the brine spills have occurred in the Bakken region must be completely removed and disposed of. Radiation, which could spread by wild animals, is another concern that is difficult to control.

“And the more wells you drill, the more spills you have,” Vengosh said..

The narrative spun by the state has assumed that the need for militarized security was because of out-of-state environmental terrorists who chose to stake their claim here, Nelson said. “So no responsibility is placed on bad decisions made by the state legislators, that the company violated laws and did things that were illegal. None of that is laid at their doorstep. All is on the doorstep of people coming from around the country, and locally from Standing Rock. 

“It’s blaming the rape victim that they got raped.”

Additionally, the 1,100-mile-long Dakota Access Pipeline, made from “sterner stuff” according to politicians and engineers, and with Russian steel, according to DeSmog, has already leaked 84 gallons in South Dakota. A storage tank outside of Keene, North Dakota spilled 25,620 gallons when an operator overfilled the tank, according to North Dakota Department of Health. 

Both spills took investigators a month to announce the mishaps to the public.

“This spills serves as a reminder that it is not a matter of if a pipeline spills, it’s a matter of when a pipeline spills,” Dallas Goldtooth of the Indigenous Environmental Network said. “The fact that this occurred before Dakota Access even becomes operational is all the more concerning. We fear more spills will come to bear, which is an all too frequent situation with Energy Transfer Partners pipeline projects. As such, eyes of the world are watching and will keep Dakota Access and Energy Transfer Partners accountable.”

Although most of the world thinks Standing Rock’s movement is dead, remnants remain. For months, Facebook statuses reported former Dakota Access Pipeline activists, or water protectors, felt lost after the February closing of the camps outside Standing Rock. Dozens of cases have been thrown out of court, but not all. 

Some water protectors are still wandering. Others have found new causes defending water at Flint, Michigan, Dresden, Ohio, and against the Piñon Pipeline in New Mexico. Activists have also set up the Four Band Great Sioux Nation Camp on Standing Rock land.

The movement against big oil, for native rights and clean water, has spurred at least fifteen new camps to life around the country, according to Rev. Karen Van Fossan, a minister of the Unitarian Universalist Fellowship & Church of Bismarck-Mandan. 

A “Stand with Standing Rock” banner hangs outside her church, a congregation that has been in Bismarck for 65 years. During the controversy her church and church members housed at least 250 activists. The stance her church takes on the issue has created controversy in Bismarck she said, but is also a blessing in disguise. 

“Some of us who are white, and haven’t experienced racism in any kind of real way, have now had some glimpse of what that experience might be like,” Fossan said. 

“In my experience, the water protector movement has given us in North Dakota an opportunity to face some pretty harsh realities about racism in our state. I sometimes hear it said that race relations are more strained now than they have been in some time, and people of color who I know tell me actually, the racism has been there. 

“Now it is just that all of us are taking the opportunity to look at it and contend with it.” 

State support of big business has trampled indigenous rights, but has given the state a unique opportunity for change. 

“I have been increasingly concerned about the role of many governmental entities, locally and statewide, promoting the interests of business and painfully ignoring other voices,” Fossan, who is also a writer, said. 

“Even while I’m deeply disturbed by the executive order to push the pipeline through against the very clear voices of Standing Rock and many other native nations, I do see that here locally in Bismarck and Mandan, we continue to have an opportunity like we haven’t had in a long time to look at the reality of life in our communities, and the reality of racism. Not just personal visible racism that many indigenous people and people of color in our communities experience regularly, but the systems themselves are already rolling along in ways that at best ignore indigenous voices and at worst push a pipeline through, and manifest in the arrests of hundreds of people.”

Armed DAPL Mercenary Arrested in Bismarck

Dakota Access LLC security guard disguised as water protector who tried to ram car into Standing Rock main camp in 2016 faces drug and gun concealment charges 

By C.S. Hagen
BISMARCK
– The disguised DAPL security guard set free by law enforcement last year after reportedly driving crazily toward the main No DAPL camp armed with a semi-automatic AR-15, was arrested Tuesday on unrelated charges, according to police. 

Kyle Thompson mugshot – Burleigh County Sheriff’s Department

Kyle James Thompson, 30, was arrested at 8:03 p.m. Tuesday for simple assault domestic violence, carrying a concealed weapon, and for possession of schedule I, II, and III drug paraphernalia, according to the Burleigh County arrest records. By Wednesday afternoon the domestic abuse charge was dropped, leaving two Class A misdemeanor charges: carrying a concealed firearm in his vehicle, and possessing drug paraphernalia, namely syringes and spoons, to consume methamphetamine, according to the Burleigh County Clerk of Court.

Bismarck Police Officer David Haswell stopped Thompson’s car on East Broadway Avenue in Bismarck for a welfare check, according to Clerk of Court records. “Police were notified by witnesses that a male subject was hitting a female subject in the car,” Haswell reported. “I made contact with the driver, Kyle Thompson, and asked him to exit the vehicle. While he exited the vehicle I noticed a handgun concealed between the driver seat and the center console.”

Thompson’s DAPL security badge taken from pickup truck – online sources

In the backseat, Thompson allegedly also had a rifle, Clerk of Court documents reported. Officers also located a small zipper case inside the vehicle with multiple syringes, spoons, a white residue, a grinder with residue, and a glass smoking device, Clerk of Court documents said. 

“The capped needles field tested positive for methamphetamines,” Haswell wrote. “Thompson does not have a concealed carry permit.” 

Nearly six months ago when law enforcement took over the Standing Rock’s Treaty Camp, pitched in the Dakota Access Pipeline’s route, Thompson was arrested by Bureau of Indian Affairs agents after activists slammed a vehicle into his pickup truck. He was disguised as a “water protector” in a t-shirt and bandana covering his face. A short foot pursuit ended in a pond near the camp where according to video reports and interviews with activists, Thompson fired his weapon twice. 

In November 2016, Thompson and the Morton County Sheriff’s Department reported that the Federal Bureau of Investigation found no evidence that Thompson fired his weapon. Documents linking Thompson to Thompson-Gray LLC, a security firm, were found inside the pickup truck. 

Brennon Nastacio and Kyle Thompson on October 27, 2016 – online sources

After BIA agents handed Thompson over to Morton County officials, he was released, and he was called a victim by Morton County Sheriff Kyle Kirchmeier. 

“Three days ago on October 27th, I was in a situation in which myself and others were faced with the difficult decision to take another’s life or not,” Thompson said on his Facebook page shortly after the ordeal. “I drew out my rifle after my vehicle was disabled and over 300 protesters were rapidly approaching my location, a few had knives and were dead set on using those knives.” 

Brennon Nastacio – Facebook page

The man who stopped him, Brennon “BJ” Nastacio, a Pueblo Native American from Boulder, Colorado, was placed on Morton County Sheriff’s Department’s Most Wanted List. He turned himself in and now faces felony terrorizing charges. Nastacio has had a preliminary hearing where he said the judge already set a court date of October 5. 

“I found that to be fishy,” Nastacio said. “But I pray that he [Thompson] finds help that he needs while being incarcerated. People are so quick to wish bad and talk negative, I am not one of them. I think we endured enough bad and negativity and to add more just isn’t how I was raised. So I am hopeful that this is a wake up call for him to stop walking down that path of destruction.” 

Nastacio remains hopeful that his name will be cleared. “But I am aware that my case is in a county where 92 percent of the people there think that we are guilty. I can only be hopeful and pray for a good outcome.” 

Two others were charged with Class C felony crimes when activists stopped Thompson: Michael Fasig of Minnesota and Israel Hernandez of New York, according to Morton County Sheriff’s Department. The two “committed reckless endangerment offenses when they rammed a truck driven by another individual,” a Morton County Sheriff’s Department press release reported.

Provided by Morton County Sheriff’s Department

Thompson-Gray LLC is listed under Silverton Consulting International, according to the Ohio Secretary of State. The company was not authorized to work in North Dakota, the state’s Bureau of Criminal Investigation reported. Rumors at the time when trained dogs attacked activists in September 2016 reported G4S, a U.K.-based security company that often goes by nickname the “Chaos Company,” was involved as the Dakota Access Pipeline’s private security firm are unfounded, and denied by G4S staff. 

G4S does have multiple companies established in North Dakota, according to the North Dakota Secretary of State. 

Charles Graham Clifton with horses in 2015 – photo provided by Joshua Franke-Hyland

Charles Graham Clifton is listed as the owner of Ohio-based Silverton Consulting International, a new company reported as “shady” in online reviews. Clifton is also the owner of AMGI Global, Ltd. Co., now dissolved for tax reasons in Texas, Knightsbridge Risk Management, now dissolved for noncompliance in Colorado. He has connections to the ISSE Foundation Inc., Red Rock Ordnance LLC, and Red Rock Armory, all dissolved for tax issues in Texas, the Lodestar Services International, dissolved in Colorado in 2011, and Humanitarian Defense, dissolved for tax reasons in Wyoming 2010. 

Joshua P. Franke-Hyland once worked with Clifton at AMGI Global, Ltd. Co., he said. “It was a 100 percent failure,” Franke-Hyland said. Clifton is “a scam artist with a very long history of scamming people of all types.” 

Barbara Marie Colliton – photo provided by Joshua Franke-Hyland

Clifton is on the run, Franke-Hyland said, from bench warrants for felony theft and civil lawsuits. Franke-Hyland believes the use of attack dogs was issued by Barbara Colliton, Clifton’s partner and frequent registered agent. Colliton was arrested in December 2016 but released in Taylor County, Texas after restitution was paid, Franke-Hyland said. 

Another company that used attack dogs on September 3 was the Ohio-based Frost Kennels, whose owner, Bob Frost, admitted to using the dogs on September 3, 2016. 

“We went out there to do a job and we did it,” Frost said in September 2016. “So we just said f*ck it, and got our dogs, and tried to make a bridge between them and the workers.” 

Morton County Sheriff’s Department said the companies involved as security firms for Dakota Access LLC on September 3 were not licensed to work in North Dakota, but did not file any charges against security personnel or companies involved. 

Franke-Hyland sued Clifton in Bexar County, and Clifton also is listed as being sued in Bastrop, Texas. 

“Clifton’s dream is to be G4S-AMGI, and was supposed to be Clifton’s answer to G4S,” Franke-Hyland said. “AMGI, like everything else Clifton touches, was complete sh*t. He is a risk in every sense in the word. His best day is as an incompetent short con that refuses to pay the bills.” 

FBI’s Joint Terrorism Task Force Targets Standing Rock Activist

Senators, lawyers, activists speak out against FBI, citing misguided attempts to link free speech to domestic terrorism

By C.S. Hagen
CANNON BALL
– Joint Terrorism Task Force agents contacted an Indiana activist days after he returned home from Standing Rock’s fight in North Dakota against the Dakota Access Pipeline.

Aaron Pollitt, 28, from Indiana, was charged on October 22, 2016 by Morton County Police with engaging in a riot and criminal trespass, according to Morton County Clerk of Court. His trial is pending. 

Aaron Pollitt – from Facebook page

After three weeks of direct action and living in the Standing Rock camps, Pollitt, listed as a water protector by Unity-Bloomington, said he left the fight to go home and vote in November 2016 when he was contacted by law enforcement who identified themselves as the Indiana State Police Intelligence Division. They stopped by his house – twice – called, and left messages, according to Pollitt. According to Indiana State Government website publication of the Indiana Law Enforcement Academy Basic Courses, one of the agents involved is connected to JTTF, or the FBI’s Joint Terrorism Task Force. 

HPR Magazine chose to withhold the name of one of the agents identified for potential endangerment reasons. 

“First time it happened I did not know why a police officer came out to my house,” Pollitt said. “They wanted to talk to me, wanted to take me out for a Coca Cola, and they also said it didn’t have anything to do with my arrest.

“I told him I didn’t want to talk about it, but they came out again about a month later. I told them I had a lawyer to talk to, so I was a little more clear.”

Pollitt is a carpenter, worked as a stagehand at Indiana University, and is applying to be a ranger in the Forestry Bureau, he said. He is also a musician, a flutist, practicing a type of music called Kirtan, or Vedic chanting. According to a 2010 letter Pollitt is also an adventurist, and an environmentalist who aided in the development of a documentary called “Spirit of the Orca.”

“Strange times we live in,” Pollitt wrote in a Facebook post pertaining to Minnesota’s U.S. Senator Al Franken’s request about an explanation why at least three U.S. citizens opposed to the Dakota Access Pipeline are being investigated by JTTF. 

“I am concerned that the reported questioning of political activists by one of the FBI’s terrorism task forces threatens to chill constitutionally protected conduct and speech,” Franken, a Democrat and a member of both the Senate Judiciary Committee and the Committee on Indian Affairs, wrote in a letter on March 1, 2017 to FBI Director James Comey.

The Guardian reported in February that investigations into three activists at Standing Rock is being construed by the FBI as acts of terrorism. FBI personnel could not be reached for comment. 

Pollitt will be defended in court by Valley City Attorney Russell Myhre. Myhre condemned his client’s targeting by JTTF agents. 

“This type of contact, and I have been subjected to it in the past, has a chilling effect upon free speech,” Myhre said. “It appears to be an attempt to tamp down any further attempt to exercise free speech by water protectors.”

“It was really eerie, it is really concerning to be investigated by a terrorism task force or state police, but I am not too concerned,” Pollitt said. “I feel like I am pretty safe.” 

JTTF is America’s front line on terrorism, according to the FBI, and work as small cells of highly trained, locally based, investigators, analysts, linguists, SWAT experts, and other specialists from dozens of U.S. law enforcement and intelligence agencies.

“By assigning JTTF agents and officers to investigate Standing Rock protesters, I am concerned that the FBI has opted to view civil rights activism through a national security lens,” Franken wrote. “Embracing such tactics risks chilling the exercise of constitutional rights and further undermining trust between federal law enforcement and our tribal nations.” 

First page of Senator Al Franken’s letter to FBI concerning its investigations into No DAPL activists

While at the camps outside Standing Rock Pollitt said evidence of racism and hatred were everywhere. He was “cussed out” by Bismarck residents, he said, because as a white person he resembled a protester. He joined the fight against the Dakota Access Pipeline because he sees North Dakota government as corrupt, bought by big oil money, and does not truly care for the environment or for the state’s Native American population. 

“I feel personally this is a critical time to make changes so we do not destroy our planet,” Pollitt said. “That voice needs to be loud and clear, but it is continually met with violence.”

His three-week experience at the camps showed him that Standing Rock and supporters were peaceful and nonviolent, he said.

“This is an assault on the rights of people to be scaring us away from our right to protest and to free speech,” Pollitt said. “To be assaulting people with crowd control weapons I think it is an attempt to oppress a certain portion of the population, and a lot of money is being poured into that part of the system by the new administration.

“We need to have the freedom to really express ourselves, especially if it’s a tremendous portion of the population that wants this change. This militarized police force is trying to suppress that voice.” 

Franken and The Guardian reported three people have been targeted in the United States by JTTF, and it is unclear if Pollitt was one of the three or a fourth US citizen targeted, Myhre said. 

In Morton County, Highway 1806 is now open to the public, but law enforcement ask for all travelers to pay close attention to traffic signs as the road will continue to be watched. 

On Monday, Energy Transfer Partners, the parent company of Dakota Access, LLC, said in court documents that there have been “recent coordinated physical attacks along the pipeline that pose threats to life, physical safety and the environment.” No mention was made of who was responsible for the alleged attacks, and the company plans to have oil running through the 1,172-mile long pipeline early as March 28.

United Nations Denounces North Dakota State Government

Sweet crude oil preparing to flow through the Dakota Access Pipeline as work finishes, a look at the financials and Russian steel origins behind the pipeline

By C.S. Hagen
CANNON BALL
– Bakken oil could be flowing through the Dakota Access Pipeline within a week, but Standing Rock still hopes for a legal miracle as the United Nations condemns what it calls widespread discrimination and North Dakota’s militarized responses.  

As Standing Rock’s legal options diminish, an injunction filed by the Cheyenne River Tribe, part of the Great Sioux Nation, was once again turned down  by federal judges on Tuesday. Previous injunctions filed by the tribe to stop pipeline construction have also been denied by US District Judge James E. Boasberg, citing the the tribe waited too long to bring up the claim under the Religious Freedom Restoration Act. 

Victoria Tauli-Corpuz

United Nations Special Rapporteur on the Rights of Indigenous Peoples Victoria Tauli-Corpuz stated on Monday that Native Americans have the right to defy undue pressures by extractive projects such as the Dakota Access Pipeline. In a scathing report, Tauli-Corpuz said the United Nations is concerned about the safety of indigenous peoples, their cultures, their sacred sites, and their human rights issues in the United States. 

During her human rights mission for the United Nations, Tauli-Corpuz said she discovered widespread discrimination at local and national levels. The Standing Rock Sioux Tribe was not consulted as a sovereign nation. 

“In the context of the Dakota Access Pipeline, the potentially affected tribes were denied access to information and excluded from consultations at the planning stage of the project,” Tauli-Corpuz said. “Furthermore, in a show of disregard for treaties in the federal cross responsibility, the Army Corps approved a draft environmental assessment regarding the pipeline that ignored the interests of the tribe. 

“The draft made no attempt of proximity to the reservation or the fact that the pipeline would cross historic treaty lands of a number of tribal nations. In doing so the draft environmental assessment treated the tribe’s interest as nonexistent, demonstrating the flawed current process.”

The U.S. Army Corps of Engineers continually dismissed risks and did not conduct an adequate cultural assessment before authorizing the pipeline to cross Lake Oahe or authorized the dumping of materials and waste into waters on Indian reservations, Tauli-Corpuz said. The Army Corps utilized a loophole in environmental assessment laws by fast tracking permits, and after the agency approved an environmental assessment study earlier this year, it backtracked and issued the final easement permit. 

Public Service Commissioner Julie Fedorchak has stated that the Standing Rock Sioux Tribe was contacted from the beginning of the pipeline planning stages.

The problem is not contained only to Standing Rock, but widespread throughout the USA, Rauli-Corpuz said.

In addition to local and federal government dismissiveness, Native Americans face the full force of negative health impacts from extraction, with rising levels of heavy metals in water and contamination in livestock from spills, faulty well construction, and the effects of frakking, or toxic and non-biodegradable discharges into surface waters. The oil boom has also enticed thousands of oil and gas workers creating an “incredible increase” of human trafficking, drugs, and sex crimes, Tauli-Corpuz said. 

Highway 1806 – photo by C.S. Hagen

“The trauma accumulated as a result of a the largely discriminatory policies of the government toward Indian tribes and individuals since first contact and today, still results in distrust of government initiatives and poor health outcomes for Indian individuals,” Tauli-Corpuz said.  

Her research showed that government, rather than people, have the final say in matters related to Native Americans, and “it is imperative the federal government properly consult before encroaching on indigenous lands,” Tauli-Corpuz said.

With few legal options left to halt Energy Transfer Partners, the parent company of Dakota Access, LLC, Standing Rock and supporters are preparing to march in Washington DC on March 10 at the Native Nations Rise campaign. 

Activists preparing to leave pause on the Cannon Ball Bridge on Highway 1806 – photo by C.S. Hagen

“They want us to believe that the fight is over,” Standing Rock Sioux Chairman Dave Archambault II said in a press release. “But we can still win this. We can unite in peaceful, prayerful resistance against this illegal pipeline.” 

Officials plan to reopen the tribe’s main artery, Highway 1806, by March 13 if there is “no identifiable threat from protesters to block the highway,” the North Dakota Joint Information Center reported. 

Boom 

The North Dakota political machine has been repeatedly rated one of the worst in the United States for transparency by political watchdogs such as The Center for Public Integrity, and its reactions toward the Dakota Access Pipeline controversy have been scrutinized by press from around the world. 

Before pipeline construction began, a 78-page assessment report was compiled by Iowa-based Strategic Economics Group, Inc., written by Harvey Siegelman, Mike Lipsman, and Dan Otto, for Energy Transfer Partners. 

The pipeline companies promised jobs, growth, and stability, according to the November 12, 2014 report entitled Assessment of the Economic and Fiscal Impacts of the Dakota Access Pipeline in North Dakota, South Dakota, Iowa, and Illinois.

The report states that the pipeline project would create approximately 32,721 job-years – amount of work done by one person for one year. An average salary per worker was listed as $57,000 a year. “The increase in employment will generate a $1.9 billion increase in labor income, and a nearly $5 billion increase in production and sales in the region,” the report stated. 

After the pipeline is finished, 160 ongoing jobs will be added to the economy in North Dakota, generating $11 million in labor income and more than $23 million in new production and sales per year, the report promised. 

The pipeline was planned to cost Dakota Access, LLC $1.4 billion in North Dakota, of that amount an estimated $655.9 million, or 47 percent totaling $397 million, was planned to result in direct and indirect purchases in North Dakota. 

The total impact of the pipeline project in North Dakota was expected to add nearly 7,700 job-years of employment, generate more than $450 million in labor income, and add about $1.05 billion to the production and sales within the state, according to the report. Additionally, the state was to benefit by receiving revenues of approximately $32.9 million in taxes, of which $1.7 was for local governments, and $5.9 million from individual income taxes. During the first year of operation the state is slated to receive $13.1 million in new property taxes for local governments. 

The construction state of the pipeline was expected to generate $9.6 billion in total output nationally, but only half of that, $4.96 billion in output, or production and sales, would be captured in the four-state area. “That is because many of the manufacturers of products that will ultimately be purchased for this project are located outside of this region,” the report states. 

More than two years after the report was written, one of the authors, Lipsman, said he felt that the report will prove accurate, but that at least two more years were needed for government agencies to compile all the necessary information. 

“Obviously there’s been a lot more spent by Dakota Access because of all the slowdown,” Lipsman said. “Initially, we thought the construction would take two years, and then we came back and they said it would take one year, but with all the delays it’s now in the second year.”

Crews moved from state to state, Lipsman said, and although the actual number of people on the job might be less than what Strategic Economics Group, Inc. reported, he calculated job hours, and not actual personnel numbers.

“Especially since they were doing this so fast a lot of people got significant overtime, Lipsman said. “When we did ours in job years, the actual number of people who were on the project might be less than what we forecasted, but that was because we assume a 40-hour week, but if someone is working 15 to 20 hours of overtime you have less bodies but still as much labor going in.”

The Dakota Access Pipeline used less than 57 percent American-made steel, according to the Midwest Alliance for Infrastructure Now, an industry group lobbying for completion of the pipeline. Despite President Trump’s executive order demanding pipes to be made from American-manufactured steel, most if not all of the steel pipes planned for the Dakota Access Pipeline and the Keystone XL projects have already been purchased. Piles of steel tubes are scattered throughout the Midwest. 

Dakota Access, LLC pipes – online sources

“Much of the steel for the Dakota Access project appears to have been manufactured in Canada by EVRAZ North America, a subsidiary of the Russian steel giant Evraz,” according to DeSmog, a news outlet focused on global warming misinformation campaigns. 

EVRAZ is owned in part by Roman Abramovich, a Russian multi-billionaire who assisted President Vladimir Putin into office in the late 1990s, according to DeSmog. The company’s management team is nearly all Russian nationals and former government workers, which should send red flags up with all American companies. 

For the 2013-2014 fiscal year, Abramovich reported a record profit of £18 million, according to media outlet Journal Star.  

Bakken oil production saw its “largest decline ever in North Dakota production” in September 2016, pumping out 895,330 barrels per day, according to media outlet Oil Price. Production of oil rebounded to 942,455 barrels in December 2016. The price of North Dakota sweet crude was up slightly in January to $40.75, and in February up again to $42.50 per barrel, which is a far cry from the all-time high in 2008 of $136.29 per barrel, according to Oil Price.

Winona LaDuke, a longtime activist and founder of Honor the Earth, disagrees with the math behind Bakken oil. She was part of the fight that shut down Enbridge’s Keystone Pipeline, and says that since Enbridge is an approximately 28 percent investor in the Dakota Access Pipeline, or as she says the Dakota Excess Pipeline, Enbridge should also be responsible for 28 percent of the injuries that occurred outside of the Standing Rock Sioux reservation. 

LaDuke says the Bakken oil patch is busted, and the state should be focused more on infrastructure on people rather than for companies. More people today are employed in solar energy facilities than in oil patches, LaDuke said, and the future does not rest with fossil fuels. 

Government projections estimate 900,000 barrels of oil will be hauled out of the Bakken per day until 2019. “What I’m trying to figure out is where’s the oil for the 570,000 barrels a day pipeline you are shoving down our throats? All the oil going out of there now, is the same that will be going out of there in two years.” 

 

The workforce and mineral rights

On the ground reporting, live streaming videos, and reports from activists in the field rarely reported seeing local license plates on Dakota Access Pipeline vehicles, semis, or trucks. And while the state has been quite content bringing in outside companies, supplies, and an out-of-state workforce for the project, its response has shown contempt against all outside activists fighting the Dakota Access Pipeline.

The North Dakota Joint Information Center frequently posts updates on arrests, identifying repeatedly that out of the 761 people arrested, 94 percent were not from North Dakota. 

Former main entrance to Oceti Sakowin blockaded against police advance – photo by C.S. Hagen

On the construction side of the pipeline, Pam Link, director of governmental relations and new business development for the Laborer’s International Union of North America Local #563, said business couldn’t be better. In 2016, Local #563 had from 400 to 600 union members working on the Dakota Access Pipeline.  

“A vast majority of them were North Dakotans,” Link said. Most of the jobs were short term, but members are already back at work across the state, she said. Her union currently has approximately a dozen workers involved at the drill pad crossing the Missouri River. “We have massive work going on, starting right now, it’s unbelievable, how busy we will be, it’s unbelievable how much work we have.”

Link wouldn’t say if the work load increase was due to changes made by Trump’s Administration, but said in 2016 her union was focused primarily on the Dakota Access Pipeline.

Local #49 of the International Union of Operating Engineers, Laborer’s International Union of North America Local 300, and the International Brotherhood of Teamsters, among others, also had members working on the pipeline, according Link. None replied to telephone calls for comment. 

“A larger percentage of positions in the earlier phases of oil development are shorter term or transient in nature, but as more wells are added, more people will be needed to service and maintain those wells,” Tessa Sandstrom, the director of communications for the North Dakota Petroleum Council, said.  

Not including transportation and construction jobs, the Bakken workforce has increased from 5,000 jobs in 2005 to 81,500 in 2013, Sandstrom reported. Numbers began to decline in 2015, but “they will still be a pretty big chunk of North Dakota’s total workforce,” Sandstorm said. 

“The petroleum industry will continue to provide economic, tax, employment, and energy security benefits well into the future of North Dakota,” Sandstorm said. “The Dakota Access Pipeline will play a large part in that because it will make transporting North Dakota crude more economic which means we will get a better price for the barrel.”

Pipeline oil will decrease the cost of transportation per barrel, allowing the state to accumulate at least $100 million or more per year if total oil prices do not sink lower than $50 per barrel, Sandstrom said. While the pipeline controversy cost the state more than $38.2 million taxpayer dollars, according to information released Tuesday by the North Dakota Joint Information Center, the state could easily see its investment paid back through pipeline taxes. 

“It’s easy for detractors to immediately jump to this as being only a benefit for the oil companies, but it, in fact, is a boon to the state and mineral owners as well. Mineral owners would stand to gain between $100 to $120 million per year because of this pipeline”

“In terms of businesses benefitting from oil and gas development, it is not a few local drillers who benefit from the work here,” Sandstorm said. 

North Dakota has more than 400 individuals and 115 companies or independent contractors who are involved in the drilling and well production processes in the Bakken, Sandstorm said. There are also 117 certified native-owned companies that provide oil and gas development services. According to a 2014 study made public by the Manhattan Institute for Policy Research, more than 876 business in North Dakota are part of the larger oil and natural gas supply chain. 

“These aren’t just the stereotypical roughnecks or roustabouts either,” Sandstorm said. “These positions, businesses, and contractors range from the skilled trades, such as electricians, to engineers and from human resources professionals to legal and environmental consultants.”

Exact numbers of people employed or those who are benefitting from the Dakota Access Pipeline, such as mineral rights owners,  are at best difficult to pin down. At the height of the state’s most recent oil “boom” from 2010 until 2014, the state’s population increased by 66,000, according to the North Dakota Census Office. 

Gary Preszler, chairman for National Host Production Deduction Committee and former commissioner for North Dakota Land Management, also owns a large mineral interest in Billings County, from  which he said the royalty payments have put his children through college.

“The average mineral owner is not going to get wealthy from their checks, because wells deplete and start producing less and less,” Preszler said. “The average mineral owner is not going to have any life-changing windfall. They might improve their lifestyle a little bit.”

The average mineral rights owner is a retired elderly person receiving $50 a month, he said. 

The history of mineral rights in North Dakota is confusing even to oil company accountants, and many mistakes have been made in the past, Preszler said. The puzzle dates back to the 1930s Great Depression when many farmers and ranchers sold their mineral rights to survive. 

At the beginning, the state kept five percent of the mineral rights giving 95 percent to purchasers, then in the late 1940s, the state began keeping 50 percent, then 100 percent in the 1960s, Meszler said. Farm credit service banks and the state-owned Bank of North Dakota also own mineral rights in western North Dakota’s oil-rich lands from foreclosures, and typically keep 50 percent mineral rights when land is resold. Professional oil workers and oil companies also have purchased mineral rights directly from landowners. 

Today, third generation cousins scattered across the United States and oblivious to their ownership titles also are heirs to mineral rights, Preszler said. 

“When you’re a mineral owner, it’s not all the sudden the money pours in,” he said. Oil price swings, production tapering, and mechanical failures fluctuate royalty checks. Sometimes, “You go that mailbox for the month and there’s nothing there,” Preszler said.

The Minerals Management Division of the Department of North Dakota Trust Lands manages 2.567 million mineral acres throughout the state, of which 1.215 million mineral acres are in the oil and gas producing counties, and another 1.352 million acres are in non-producing counties. Schools and other trusts own 1.84 million acres, and foreclosed properties formerly managed by the Bank of North Dakota and Sovereign Lands make up the remaining 728,000 mineral acres.

The state of North Dakota covers 45,250,560 acres, according to North Dakota Studies, of which, including some acreage in South Dakota, 4,689,920 acres are on Native American reservations. The Bakken oil patch, in its entirety, spans approximately 15,360,000 acres.

While some in the Peace Garden State may be profiting from Bakken oil and the Dakota Access Pipeline, few think about the long term environmental and sociological effects, the reason behind Standing Rock’s resistance against the pipeline. Additionally, the United Nations wants the state to pay more attention to those who are to a large degree not profiting from the oil “boom.” 

“The United States government should fully realize the rights of indigenous peoples as enshrined in the UN declaration and the rights of indigenous peoples, and i strongly recommend that the United States government continue to improve on its policies to develop stronger government and government relations with the tribes,” Tauli-Corpuz said.

License to Hate

North Dakota’s rash of political knee-jerking, and local hate toward No-DAPL activists needs “sunlight,” human rights advocates say 

By C.S. Hagen
FARGO
– Militarized police armed with emergency declarations, beanbags and bullets, zip ties and presidential orders, have scattered most of the camps pitted against the Dakota Access Pipeline to the four winds, but local hatred against the movement remains. 

And it’s being promoted across the state, from rural farmer to urban politician. 

As the activists’ camps consolidate to its last bastion – Sacred Stone Camp, where the movement originally began – no one has been killed. Many have been injured, and more than 750 have been arrested in what was once North Dakota’s tenth largest community. 

“What this past year has exposed is the ugly underbelly of North Dakota,” Tom Asbridge, former democratic candidate for the House of Representatives in North Dakota, said. “We are as much or more racist and authoritarian than the Old South. It is inescapable. Our Christian values have not stood the scrutiny of our actions. I have been ashamed of my state in ways I never imagined I could be. Certainly our entire religious community must be challenged.”

The tide of hatred reads like a fast-moving news ticker.

Photos by Rob Wilson, C.S. Hagen, and online video sources

Now, North Dakota political leaders, bolstered by the Trump Administration, are more concerned with falling oil prices and returning to a “whiter” America by toughening its stances on protesters and immigration policies. North Dakota State Legislature has proposed and recently passed an unholy trinity of draconian bills targeting protests – a fundamental right protected by the First Amendment.

After passing the House, the Senate voted 33-12 in favor of a measure to criminalize adults wearing masks, and increasing penalties for “rioting” and trespassing were passed with wider margins. The bills were amended by the Senate and will return to the House for a final vote. 

If the bills become law, those participating in a riot involving 100 or more people could be sentenced up to 10 years in prison and a $20,000 fine, which is double the current penalties. Protesters involved in smaller “riots” would be charged with a felony and possibly serve up to five years in prison and a $10,000 fine. 

A bill that would have essentially legalized murder by car against protesters was killed mid February. In essence, the state is saying wit these propositions that protesters are nothing more than racketeering thugs, and have already called them and those helping activist camps “terrorists” and “paid protesters.” 

Other politicians and local media stations have targeted refugees, saying they carry tuberculosis, and they’re proposing laws meant to say – they’re not welcome in the Peace Garden State.  

“You know what we’re sick and tired of?” Scott P. Garman of Unity-USA said in an editorial. “People who think minorities can be guilty of racism in the same way that members of our dominant society often can be. 

“Racism is prejudice plus power. I know this stark reality may sound harsh, but keep in mind that this fact is not up for debate, it is a clear and real definition.”

Morton County’s militarized police force was something that Jennifer Cook of the ACLU of North Dakota is concerned about. 

“I’ve never seen anything like it,” Cook said. Using binoculars, she watched as police moved into the camps on February 22 and 23. “For a movement that has been largely nonviolent, it raises a lot of red flags.”

Behind the scenes, the ACLU pushed “very hard” throughout January to have law enforcement adopt different rules for engagement, she said. Cook believes that the ACLU, and many other organizations involved in the controversy, played an important role in curbing Morton County’s apparent appetite for “less-lethal force.” 

“It’s a marked change from what it was before. I think the pressure from a lawsuit involved from us, a lawsuit from the Water Protector Legal Collective/National Lawyers Guild, I hope had an impact on that. And that was part of our goal was to have that change, because we certainly don’t think less-lethal weapons should be used in the manner that they had been used out at Standing Rock.” 

The public outlash comes from fear, according to Shiyé Bidzííl, a Standing Rock Sioux activist, who has spent many of the winter months at the Oceti camps. Fear of the unknown, fear of the things not understood, fear of change, which leaves few options on how to react: learn or reject. On the day before the main camps were evicted, he took a moment to share his personal experiences during the long months since April 2016. 

“There is a difference in me, I have gained a more spiritual knowledge of myself, and what I got to do,” Bidzííl said. “I found my purpose.”

He conquered his fears after two masked white men threatened to attack him outside a Bismarck hotel, he said; repression leads only to resistance.

“As long as a person can believe in the good and in the bad, it’s what empowers us to do greater in this life, to see all the evil in this world, and in a way this is evil and this is bad.” Bidzííl  pointed to the police waiting along Highway 1806 overlooking the former Oceti Sakowin. “Again, invading our treaty territories, and not respecting our treaty laws and our rights as indigenous people here.”

Garman said privilege is the power to be ignorant of one’s privilege, and it is the enemy of truth.

“The truth is this, in our 21st century, multicultural world, many people have a subconscious fear of losing their privileged status,” Garman said. “They usually don’t realize that this is the case, but deep down, somewhere in their heart of hearts, they know that the world is not fair, but this unfairness is especially true for minorities.”

And when such narratives are supported by those in power, the truth is lost, Bidzííl said. 

“They try to come in and portray it as something different, and they think that is the story. The real stories are people like me, all these live streamers here, and all these warriors, and the true story is we’re here to protect the mother and her waters to flow freely for all the people to be free and to drink, to quench our thirst of what we want to do in this life.”

Dozens of police cars lined both sides of Highway 1806, closed off months before to the north. Some police are silent, leaving piles of sunflower seed shells on the pavement. Bureau of Indian Affairs agents cracked jokes about “DAPL Juice,” or “Warrior Juice,” a methamphetamine and Gatorade mix they say activists are known to drink. Police from cities like Fargo, Kenmare, and sheriff’s department across the state sat bored, watched dashboard clocks as the 2 p.m. deadline approached. Behind the rows of sedans and SUVs, the North Dakota National Guard in their Humvees and Bearcats approached. 

 

Police and journalists waiting by serpentine before closing of the former Oceti Sakowin camps – photo by C.S. Hagen

“There’s so much militarized force here, but that’s how much fear they have in them,” Bidzííl said. “They have to show their superior force to make them feel okay with themselves. In that way, we already won.”

Before signing off on a live feed on Sunday from an undisclosed location, Bidzííl thanked all the haters who “stalk” him online. “A message to all my haters, to all my trolls, I want to thank you. If it wasn’t for all the trolls out there we wouldn’t know all the pain and the hate.”

The camps may be mostly emptied, but according to activists, the fight is not over.

In early February, a masked activist released a video to senior justice writer for the New York Daily News Shaun King.

“They call us militant, they say we are violent, that we are not here in prayer… but there is prayer in our actions… and for the next seven generations we will be here for the water. We will not stop until the black snake is defeated. We shall remain until we are free in this world, or free from this world.”

Cook believes that the hatred in North Dakota doesn’t have to be permanent. 

“It can change,” Cook said. “Tensions are high right now on both sides and that much is very obvious. Is there some trickle over in some communities that aren’t near Bismarck, or events that are happening near Bismarck? That very well may be.”

As the policy director for the ACLU of North Dakota, Cook is familiar with most of the incidents that have occurred lately in North Dakota. The best tool to combat hatred is through education, she said. 

“Sunlight is the best disinfectant,” Cook said. 

“It is essential to our democracy, even speech that we abhor, unless it is an imminent threat, like fighting words to someone, we need to be able to protect them. If you push that type of speech underground you won’t be able to see it. How do you know that it’s happening then? How do you know those feelings of racial tension are there?

“We want to bring it to light. We want to talk about it.”

Cultural competency training, community outreach programs, social cultural events, and advocacy to state and law enforcement leaders must occur in order help define what appropriate behavior is. When all else fails, the ACLU turns to litigation to help bring change to state and federal regulations. 

“We need to address issues as they pop up,” Cook said. “One of the best ways to handle these things is to not sweep it under the rug, bring it to light, and do it in a way that is educational to others. 

“That’s one of the great things about the Standing Rock movement; it has given us an opportunity to talk about this.” 

Former Oceti Sakowin main stage burning – by C.S. Hagen

The Final Standing Rock

 Former Oceti Sakowin Camp cleared, 47 arrested, some flee across river to Sacred Stone Camp

By C.S. Hagen
CANNON BALL – Twenty hours before the U.S. Army Corps of Engineers’ deadline to evacuate the Oceti camps, the thunder beings arrived. 

And geese returned home a month or more early. 

Signs, activists say, like the the herded buffalo that charged near law enforcement in November 2016, or the golden eagle who perched for hours on a nearby fence, that nature is listening. 

On the final day for the Standing Rock camps’ fight against the Dakota Access Pipeline, native songs and flames filled the air. No tears, many smiles, for their cause – to protect water and indigenous rights – had just begun, activists said. 

First structures set ablaze at the Oceti camps February 22 – photo by C.S. Hagen

“People on the ground are doing the right thing,” long time activist and attorney Chase Iron Eyes said. Lightning streaked in the horizon as he spoke. 

“They are surrounding us on all sides, not only by the United States military the Army Corps, but by the National Guard, by Morton County Law Enforcement, by every small town and county in North Dakota, and by private DAPL mercenaries. But add to that there are federal Indian police that answer to the Bureau of Indian Affairs, which answers to the Department of the Interior, and used to answer to the Department of War, and now those federal Indian police answer to President Trump.” 

Shiyé Bidzííl, a Standing Rock Sioux activist, has spent many of the winter months at the Oceti camps. He experienced difficulty live feeding one hour before the Army Corps deadline of 2 p.m. Wednesday, and climbed out of the floodplain onto Highway 1806 – where law enforcement kept journalists and legal observers at bay – to get better reception.

“All this stuff we’re doing to Mother Earth here is very wrong,” Bidzííl said. “And in the end, it’s not DAPL, it’s not Morton County, it’s not the water protectors who will have the last say so. All these beings are signs, we’re talking about the thunder beings, the eagles, it’s here. It’s right before our eyes.”

Shiyé Bidzííl, a Standing Rock Sioux, prepares to leave an hour before deadline – photo by C.S. Hagen

Behind Bidzííl, another tipi burst into flames. In all, more than 20 structures including tipis, tents, and makeshift homes were burned to ash. Each flame burst was preceded by an explosion. Two people, a seven-year-old boy and a 17-year-old girl were burned, and had to be transported by the Standing Rock ambulances to local hospitals, according to the North Dakota Joint Information Center. 

“This camp might be burning down, but this is just the beginning of it,” Bidzííl said.

Camp structures were burned not for vengeance, Bidzííl said, but for cleansing. 

“It’s a way of leaving a place that we’ve held so long here, and burning down a structure is a part of that ceremony of leaving things. Burning. Burning all the prayers, all the traditions, all our fights, courage, bravery, strength, all going up in flames. Everything we do here means something.”

Burning their tents activists have called home for months, is also their way of giving back to nature. 

“Burning your camp, burning your tipi, burning a place you’ve called home, because the enemy is coming in to attack you, and we don’t want them touching anything. We don’t want them coming into our tipi and our home. So what do we do? We burnt it. And for us we’re burning it back, let it go back to its natural state of being.”

Guardhouse of the Oceti camps ablaze – photo by C.S. Hagen

South on Highway 1806, across the Cannon Ball Bridge, busses and state-sponsored travel-assistance packages worth $300 were waiting for anyone who wanted to leave. 

Activists at Oceti entrance while fires rage behind them – photo by C.S. Hagen

No one volunteered, Highway Patrol Lt. Tom Iverson said. The services, which included a hot shower, food, taxi money, and a bus ticket home, were going to be available until 5 p.m. Thursday, according to the North Dakota Joint Information Center. 

Jennifer Cook, a legal observer from the North Dakota ACLU was worried about being stuck behind cement barricades, hundreds of meters away from the camps. 

“We are only here to observe actions, we’re not here to protest, we’re only here to record what we see and what we hear,” Cook said. She has seen an improvement in police responses since Governor Doug Burgum took office.

“Our hope is our access will continue, and that we will be able to ensure that this is a peaceful and safe removal of any water protectors that choose to stay in the camp past the two o’clock deadline.” 

Shortly before 2 p.m. deadline, a group of at least 60 activists paraded from Oceti’s front entrance to where a United Nations College bus waited to escort them away. Many were covered in mud, their possessions were meager. Some wore plastic bags to protect themselves from stinging snowflakes. Burning sage and hugs accompanied drumbeats as water protectors – now friends – said their farewells. 

Old Glory and the “shroud-like” image in the flag, activists marching out of the Oceti camps – photo by C.S. Hagen

Across the Cannon Ball River, however, a handful of up to 100 activists refused to leave. Morton County Sheriff’s Department reported 10 people were arrested on Wednesday. Law enforcement did not infiltrate the camps as sundown approached. International journalists from the New York Times, Fox New, CBS, ABC, and local reporters from the Bismarck Tribune, and the Grand Forks Herald lined up like Civil War gentry awaiting a spectacle behind a serpentine wall as the clock struck 2 o’clock. 

More than 100 police officers from counties and cities – Fargo to Kenmare – including the Wisconsin Sheriff’s Department, planned to “ceremoniously arrest” activists, Iverson said. A ceremonious arrest is a staged event meant to show law enforcement’s restraint, but the arrests accompanied real trespassing charges, Iverson said. 

“It’s not going to end today,” Iverson said. “There are multiple camps.” 

Law enforcement also wanted to inspect every dwelling in search of possible crime scenes including missing persons or drugs, Iverson said. Setting fire to structures was hindering police investigations.

“It’s hypocritical to say it’s about clean water when things are on fire and things are exploding,” Iverson said. 

Early morning Backwater Bridge and snow – photo by C.S. Hagen

Earlier on Wednesday, Burgum’s policy advisor, Levi Bachmeier, asked camp wellness director Johnny Aseron for permission to allow armed police with cleanup crews into the camps before the deadline. 

“Armed or unarmed?” Aseron said. “While we are in a cleanup day we’re going to have armed officers in the camp?” 

The offer was refused. The cleanup crews were turned away, according to Iverson. Early Thursday morning the North Dakota Joint Information Center reported no major movements from either law enforcement or the activists remaining in the camps. Law enforcement plans to raid all camps on Army Corps lands, but not the private land at the Sacred Stone Camp. 

Camp leaders also requested a “Geneva space” at the southern end of the Oceti camp for those who wanted to peacefully resist. Their offer was accepted by the governor’s office until 2 p.m. Wednesday. 

Activists said law enforcement were fearful, they, however, were not. 

“Fear,” Bidzííl said. “A wonderful, beautiful, chaotic way of explaining everything. We can use fear to fight fear. I allowed myself to be put into that situation in order to rid the fear in me.

“We got people heading out, we got people with prior felony warrants who are making that choice today to stay here or get out of camp and protect the knowledge and keep it going.” 

Bidzííl planned to leave by the 2 p.m. deadline, and head to Iowa to continue the fight against pipelines. Last December, he recalled being threatened by locals in Bismarck while trying to check into a hotel. 

Tipis and structures burned for a reason – photo by C.S. Hagen

“They terrorized me a lot, but little did they know… all my fear came out of me. I’m not scared to go and do anything or say anything, because it is my right.” He was threatened by locals in Bismarck last December while trying to check into a hotel. 

Since President Trump’s executive orders to expedite the Dakota Access Pipeline, and the Army Corps’ sudden issuance of the final easement under the Missouri River under Lake Oahe, less than one mile from the Standing Rock Reservation’s border, Bidzííl has frequently heard the DAPL equipment digging. 

“There’ more power in ourselves when we show we can stand up to the fear, the racism, and the terrorizing.” His experience at the camps, which have stood in resistance to big oil interests since April 2016, have united hundreds or tribes across the world, and was at one time North Dakota’s tenth largest community, has changed him, he said. 

Activists salute at the front entrance of Oceti camps – photo by C.S. Hagen

“There’s so much militarized force here, but that’s how much fear they have in them,” Bidzííl said. “They have to show their superior force to make them feel okay with themselves.” 

He knows all about the indigenous struggles, and how Native Americans have been given more than a “bad shake” since the 1851 Treaty of Fort Laramie. 

“You know what’s different about it this time? They created something that creates fear in their eyes so much, and that’s called water protectors. We’re here to protect water, but at the same time we’re here to protect what’s right in this world.” 

Law enforcement cleared the former Oceti Sakowin Camp by 2:09 p.m Thursday, arresting 46 activists who refused to leave the main camp area, according to the North Dakota Joint Information Center. 

“The past two days have gone very smoothly in a challenging environment and complex effort to clear the camp,” Burgum said in a press release. “Dozens of local, state, and federal agencies showed tremendous coordination to ensure the prices was conducted safely and securely.”

No less than lethal force was used during the overtaking of the former Oceti Sakowin, the North Dakota Joint Information Center reported. A group of veterans occupying a tent refused to leave voluntarily, but would exercise passive resistance resulting in law enforcement carrying them out. 

One activist waited for police on a rooftop. Approximately 60 activists fled to the frozen Cannon Ball River, and many others escaped to Sacred Stone Camp, which is on private land and was not to be cleared, according to government spokespeople. 

As of February 21, the North Dakota National Guard accounted for 35,412 man hours spent guarding road blocks and assisting police, and 1,421 guard members were called for duty throughout the controversy, according to the North Dakota National Guard. The North Dakota National Guard spent a total of $8,752,232 during the months after former Governor Jack Dalrymple called a state of emergency in August 2016. 

 

Veteran who spoke to police on behalf of an elderly woman in the camp being arrested – photo provided by North Dakota Joint Information Center

Activist being arrested – photo provided by North Dakota Joint Information Center

Well armed police prepare to clear an area – photo provided by North Dakota Joint Information Center

Law enforcement entering former Oceti Sakowin Camp – photo provided by North Dakota Joint Information Center

The State’s Siege of Standing Rock

The state’s stranglehold on the anti-DAPL movement squeezes shut, veterans speak out

By C.S. Hagen
CANNON BALL – Standing Rock’s fight against the Dakota Access Pipeline has all the ingredients of legend, with only the ending remaining be be told. Centuries past, bards would be tuning their lutes, preparing lyrics, in fact, modern singers such as Neil Young, Dave Matthews, the Black Eyed Peas, Trevor Hall, and many Native American talents have already immortalized Standing Rock’s resistance. 

“If you are a rock, stand up like a mountain,” Hall sang about Standing Rock

Two months ago, the story promised a happy ending for activists: the U.S. Army Corps of Engineers halted the pipeline, ordered an environmental impact statement, and thousands of veterans converged into the camps. The caravan stretched for miles, cars – bumper to bumper – for a full day and a night. 

Activists offering thanks of sage, fir nettles, and tobacco to the former Oceti Sakowin sacred fire – photo by C.S. Hagen

Proponents of the pipeline however, bided their time, waited on a savior. Bending to pressure from President Trump’s Administration, the Army Corps has issued the easement needed for Dakota Access, LLC to complete the pipeline, and have said nothing about the continuation of its promised environmental impact statement. The Peace Garden State’s tactics against the Standing Rock camps – pitted for an ongoing 190 days against the 1,172-mile pipeline – were nothing more than a slowly-squeezing siege, activists and veterans say, calculated and methodical. Like a medieval siege. 

Activist at Highway 1806 barricade – photo by C.S. Hagen

“It started with the roadblock, which brought economic sanctions against Standing Rock,” attorney and long time activist Chase Iron Eyes said. “It was a genius move, but now the walls are definitely closing in.” 

Once North Dakota’s tenth largest community with more than 10,000 people living in the floodplain along the Cannonball River, the remaining activists now number only 400, Iron Eyes said. Calls have gone out to return; some, including veterans, are heeding the cry for help. 

“Numerous law enforcement and federal agencies have severely limited access to the camps at Standing Rock,” Mark Sanderson, executive director for VeteransRespond said. “They run propaganda and psy-ops against any group going to help. You can’t make it to camp without going through roadblocks or checkpoints. The situation on camp is that many necessities are very limited. Clean drinking water for one is hard to get, fuel for generators, food.”

 

Siege (n.) early 13th century, from Vulgar Latin ‘sedicum’ meaning ‘seat’

Militarized law enforcement began its siege by closing down Highway 1806, and then erecting a blockade on Backwater Bridge to rival Korea’s Demilitarized Zone. One of the first rules of a siege is to isolate the target, like the Arabs did against Constantinople in 717 CE, or Nazis 872-day siege against St. Petersburg in 1941, or the 1,425-day siege of Bosnian Serb’s against Sarajevo in 1992.

Law enforcement and the North Dakota National Guard toyed with closing the road down for nearly three months before making the blockade official in late October 2016.

Former Governor Jack Dalrymple set the stage. In August 2016, he declared a state of emergency. Two months later he issued an emergency evacuation order, further declaring anyone caught supplying Standing Rock with goods or equipment could face a fine of up to $1,000.

DAPL Front lines in January 2016 – photo provided by Johnny Dangers

Besieging forces are not allowed to target civilians, according to the U.S. Army field manual’s Additional Protocols of 1977, and relief agencies are authorized to provide aid to people in need. A day after the threat was issued by Dalrymple, he backtracked, saying police would not target people or close down additional roads.

Backwater Bridge is the site where Morton County Sheriff’s Department hosed activists in below freezing weather; the site where Sophia Wilanksy nearly lost her arm; the site where trucks were burned, where disguised infiltrators attempted to gain access to the main camp, and the site where dozens were maced, injured, and arrested. Instead of using trebuchets and crossbows, law enforcement used its “non-lethal” arsenal of pepper spray, water cannons, and percussion grenades.

It was also the site of prayers, burning sage, traditional dances, and colorful banners. 

 

Surrounded on all sides

The state’s next move was to encircle the Standing Rock camps. A second rule for laying siege is to completely surround the target, preventing food, water, and supplies from assisting the besieged. Activists at Standing Rock soon found themselves trapped behind razor wire, mace, rubber bullets, and concussion grenades. The only route in or out was to take Highway 6, which easily added 40 minutes driving time. 

When activists attempted to reach the DAPL drill pad in November, hundreds of police waited along Cantapeta Creek, showering activists in frigid water with pepper spray. When they marched on Backwater Bridge, they were hit with water cannons, percussion grenades, mace, and pepper spray. When activists plowed through snow and across a frozen Cannon Ball River in January, they were met, once again, with razor wire and more mace. 

Activists nearing DAPL drill pad – photo provided by Johnny Dangers

Many of the actions taken by activists occurred on reserved lands the Sioux Nation agreed to during the 1851 Treaty of Fort Laramie, and have never relinquished, according to Standing Rock Sioux Tribe Chairman Dave Archambault II. Lands north of the Cannon Ball River were taken from the Standing Rock Tribe after massive devastation from damning the Missouri River during the Pick-Sloan legislation. 

Police sprayed mace and pepper spray intermittently at activists in Cantapeta Creek – photo by C.S. Hagen

“They’ve also encouraged the local economies to participate in the siege by denying support to those trying to secure goods for camp,” Sanderson said. Sanderson retired from the US Army in 2015 as a Sergeant First Class. He was a designated marksmen and was awarded the Purple Heart after being wounded in Baghdad, Iraq during Operation Iraqi Freedom. 

Riot police spray activists at Backwater Bridge – photo by Rob Wilson Photography

“They make it seem like we’re all coming with intentions of building bombs and getting into confrontations, they’ve successfully turned a large group of Americans against veterans.”

 

Psychological warfare 

Next came psychological and according to some, biological warfare. Although Morton County denied the use of chemicals against activists near Standing Rock, more than 40,000 pounds of Rozol Prairie Dog Bait, an anticoagulant rodenticide, were purchased by a nearby rancher, David Meyer, of Flasher, according to the United State Environmental Protection Agency. A portion was spread across more than 5,408 acres of nearby pasturelands in the spring of 2016, the same time activists began gathering at Sacred Stone Camp. Investigators said the chances any of the more the 20,000 people who traveled through Standing Rock being poisoned were remote, nearly impossible, but many activists retain their doubts. Questions have arisen as to whether humans now suffering what is known as the “DAPL cough” might not have been affected. 

Frozen water at Backwater Bridge – photo by Rob Wilson Photography

“There have been no substantiated clinical cases of Rozol poisoning traced back to camp exposure,” NDResponse.gov, a state information delivery platform said. “Wood-burning stoves, kerosene heaters, and other temporary forms of heat have been known to cause lung, nose, and eye irritation. An ongoing cough is not consistent with Rozol exposure.” 

Sound cannons, attack dogs, and tactics causing hyperthermia, were also used against activists admittedly trespassing during their repeated marches on the pipeline. 

Airplanes and helicopters surveyed the camps daily. Cyber warfare ensued, including reports of mass data seizures, electronic bugs, stolen files, according to the Lawyer’s Guild Mass Defense Committee and nonprofit Geeks Without Bounds. 

Coldness of river, evident by discoloration on activist’s back – photo by C.S. Hagen

Medics battle hypothermia and hurry to warm activist – photo by C.S. Hagen

And then came Standing Rock’s victory on December 4, celebrated as joyous news to many activists. Standing Rock Tribal Council asked everyone to return home, winter was coming, and the camps’ numbers dwindled. 

Some, including Iron Eyes, stayed. The December victory was an ingenious stall of time, he said. A besieging army would never dare attack a force with far superior numbers. 

“December 4 was no victory at all,” Iron Eyes said. “We didn’t win. They told us to go home because ‘we won,’ ‘our prayers were answered.’”

State tactics were seemingly pulled straight from a page of Sun Tzu’s ‘Art of War.’ 

“It turned the Standing Rock Sioux Tribe, under economic duress, against the same people they were supposed to protect.” He is currently in Canada, but plans to return to Standing Rock later this week. He faces a Class C felony charge of inciting a riot, and he’s also planning lawsuits against Morton County. 

“Morton County is trying to throw me back in prison,” Iron Eyes said. In addition to being the founder of media outlet Last Real Indians, Iron Eyes ran for a congressional seat in 2016. “It seems ludicrous to me.” 

Iron Eyes is worried that the Army Corps’ deadline for all camps to be evacuated by February 22 will be the government’s final assault. 

“I’m afraid it will look like the Siege on Fallujah,” Iron Eyes said. 

Activists hugging each other as law enforcement issue final warning to move – photo by C.S. Hagen

VeteransRespond

When pipeline proponents’ savior, President Donald Trump, ascended to the White House in January, political attacks intensified. In addition to Morton County Sheriff’s Department propaganda program entitled “Know the Truth,” which includes short videos from the law enforcement side of the controversy, the state kickstarted a website called NDResponse.gov, a “a single source of accurate and timely information.”

Veterans for Standing Rock before the former Oceti Sakowin Camp sacred fire on December 4 at – photo by C.S. Hagen

Politicians, including Representative Kevin Cramer, R-N.D., Morton County Sheriff Kyle Kirchmeier, and Morton County Commissioner Cody Schulz called activists paid protesters, and blamed missing livestock in the area on activists while the case is still ongoing by the North Dakota Stockmen’s Association. 

“As many as 14 dead or missing animals have been reported in the vicinity of the encampments,” NDResponse.gov reported. “Whether any of those animals were consumed illegally is part of an ongoing investigation.”

The state is further attempting to sway public opinion by depicting activists as careless by disseminating video of trash being compiled at the former Oceti Sakowin Camp. The state’s official stance is that activists are trucking garbage to one camp location and dumping it for a consolidated pick up, but at the same time report officers are digging through the trash looking for dead bodies. 

“The veteran community is being targeted as they would a minority,” Sanderson said. “We feel like the supporters of the civil rights movement.”

Although more than 700 people have been arrested, Morton County Sheriff’s Department broadcasted a case on Monday saying “Leader of VeteransRespond Cited for Drug Possession.” Matthew Crane, VeteransRespond chief operations officer, who uses medical cannabis to treat PTSD, and three others were cited after they traveled beyond the road closure sign on Highway 1806 near Fort Rice. 

Matthew Crane – Facebook page picture

“One of the occupants turned over a smoking device identified as a pipe used to ingest marijuana,” the North Dakota Joint Information Center reported. “At that point, all occupants and their luggage were removed from the vehicle and searched by the K-9. A bag of marijuana was located with Crane’s name on it.” 

Medical Marijuana was legalized by every state district in North Dakota last November. The bill, known as the North Dakota Medical Marijuana Initiative, is currently under review after being postponed and rewritten by state legislature. 

Posted on the VeteransRespond’s Facebook page, volunteers have begun to arrive at the Standing Rock camps. They’ve been chopping wood, setting up kitchens, and helping with the trash situation. 

Fueled by a national wave led by “alternative facts” and President Trump’s big oil agenda, Pro DAPL supporters have stepped up their attacks – verbal and physical – against anti DAPL supporters lately, Sanderson said. Verbal attacks are hitting online, and law enforcement is hunting veterans on the roads. Some media outlets have reported that the Federal Bureau of Investigation’s terrorism task force is aggressively monitoring people affiliated with the No DAPL movement. 

“Much of this negative energy is a result of two encounters with law enforcement, one in North Dakota and another in South Dakota,” Sanderson said. “Our Chief Operations Officer, Matthew Crane, was cited for having less than a gram of medicinal cannabis on him, he took ownership that it was his and received a ticket. He was not arrested. The Morton County Sheriff’s department felt necessary to issue a press release about this citation calling our organization out by name and inaccurately attributing an arrest in South Dakota to our organization.” 

Travis Biolette was traveling through Sough Dakota and was arrested for possession of hash oil, Sanderson said. Biolette is not a member of VeteransRespond, but the group picked him up when he was released from jail. 

“While we respect state and federal laws we also respect the right to a veteran’s safe access to his or her medicine,” Sanderson said. “Many of our core members suffered from opioid and amphetamine addiction upon leaving the service and have found a better way forward with the help of medicinal cannabis.”

Biolette is in good spirits, and currently at the camps, he said on his Facebook page. 

“As soon as the police found out I was going to Sacred Stone Camp I was placed in the police car and searched,” Biolette said. “I am currently free and have to go to court on February 27th. I am looking at five years in a state penitentiary of South Dakota for medical marijuana that the state of Michigan has determined I need. I am currently looking for legal representation to prevent that prison time.”

“It’s hard to imagine a time in America when police officers would target a veterans group for trying to help a community and support our fellow vets,” Sanderson said. “They certainly do all they can to deny support to the camp and use disinformation and propaganda against anyone who tries to help, even those like us that come in peace.”

Sanderson previously joined the December veterans at Standing Rock, and said at that time 300 cots provided by the American Red Cross were denied entry to Standing Rock by Morton County Sheriff’s Department. 

In total, 705 people have been arrested since August 2016, with 92 percent of those arrested from out of state, 212 people arrested had prior criminal records, 33 arrested had a history of violence, 40 with a history of theft, robbery, or burglary, and 41 previously cited or arrested for drug possession, according to the North Dakota Joint Information Center. 

The total cost to taxpayers in North Dakota so far is $32.9 million, with $25 million going to salaries, $3.6 million going toward personnel support, including travel and lodging, and $4.3 million going toward equipment and supplies to survive the winter, according to the North Dakota Joint Information Center. 

The North Dakota Department of Transportation announced on Monday that Highway 1806 closure point was changed from south of Mandan to County Road 135, north of Fort Rice, allowing eight more miles of open highway. 

 

North Dakota Legislature

The Peace Garden State’s political siege against those who openly differ in opinion has taken the frontline in the forms of proposed bills to strike fear into activists and future protesters. One of the bills hit activists in the pocketbooks, another tried to legalize the “unintentional” killing of protesters. 

North Dakota Legislative ‘scoreboard’ on HB 1203 – photo provided by North Dakota Human Rights Coalition

House Bill 1203, the proposal that attempted to legalize the unintentional running down of protesters blocking public roadways died in the house on Monday. Other bills created as direct responses to the DAPL controversy have passed the house and will soon be voted on in the senate: House Bill 1304, the law that would outlaw wearing ski masks and face coverings in public, House Bill 1293, the bill that would essentially legalize shooting to death trespassers even if there was space to retreat, House Bill 1426, which stiffens laws against protesters, and House Bill 1193, which prohibits “economic harm” due to disorderly conduct.  

Senate Bill 2337, a bipartisan bill that would have enacted cultural competency training for legislators was killed 26 to 20 on Tuesday. 

“A ‘disease of the mind’ has set in world leaders and many members of our global community,” Keeper of the Sacred White Buffalo Calf Pipe Arvol Looking Horse said. “With their belief that a solution of retaliation and destruction of peoples will bring peace. We need to understand how all these decisions affect the global nation; we will not be immune to its repercussions.”

DAPL Easement Issued, Pipeline Work Will Soon Begin

Army Corps ignores EIS commitments, President Trump has heard no complaints about pipelines

By C.S. Hagen
CANNON BALL – The U.S. Army Corps of Engineers issued the final easement needed to complete the Dakota Access Pipeline Wednesday afternoon, sparking fierce criticism from tribal leaders and opened the doors to intensifying condemnation from Peace Garden State political leaders against the Standing Rock Sioux.

“On February 8, 2017, the U.S. Army Corps of Engineers granted an easement to Dakota Access, LLC allowing the installation of a thirty-inch diameter light crude oil pipeline under federal lands managed by the Corps at Oahe Reservoir,” Capt. Ryan Hignight reported in the Army Corps’ press release.

“The granting of this easement follows the February 7 Secretary of the Army decision to terminate the Notice of Intent to Perform an Environmental Impact Statement and notification to Congress of the Army’s intent to grant an easement to Dakota Access for the Lake Oahe crossing.”

Standing Rock Sioux Tribe Chairman Dave Archambault II was on a flight to Washington D.C. when he first heard President Trump’s remarks about hearing ‘no complaints’ from anyone regarding the continuation of the Dakota Access Pipeline, according to the Standing Rock Sioux Tribe Facebook page. He learned that the easement had been issued after he landed.

Archambault responded to Trump by cancelling the meeting saying, “Trump’s complete disregard for Native Nations and our treaty rights is disrespectful.”

Monthly, more than 12 million people are engaged in online discussions pertaining to the Dakota Access Pipeline, more than 590,000 petition signatures and environmental impact study statements have been submitted, and more than 15,000 calls have been made to the White House and the U.S. Army Corps of Engineers, according to a tribal press release.

“And Trump says nobody spoke up.”

The news didn’t come as a surprise to the Standing Rock Sioux or to the tribe’s supporters, as the Department of the Army issued an intent to issue the easement a day earlier. Legal actions are already underway.

“We sent a letter directly to Trump, have filed a legal challenge and we stand with more than 360 Native Nations and millions of Americans who have voiced their opposition to the project,” Archambault said. “The media has widely reported the President’s brazen conflict of interest to the pipeline. His complete disregard for Native Nations and our treaty rights is disrespectful.”

The U.S. Army Corps of Engineers advertised earlier this week that testimonies would be accepted pertaining to the environmental impact statement until February 20. Additional telephone calls and emails were placed to Hignight for comment, but the captain did not reply by press time.

“We have asked for a fair, balanced and lawful environmental impact statement directly to President Trump and through the courts,” Archambault said. “The Governor, North Dakota congressional delegation, and the entire world are keenly aware of the immense opposition to this project. We encourage our allies to exercise their First Amendment rights to remind President Trump where we stand on DAPL.

“Rise with Standing Rock.”

Unity within the activists gathered has come under question after the Standing Rock Sioux Tribal Council ordered campers away. Questions also have risen pertaining to how the tribe has been spending funds donated to the fight against the Dakota Access Pipeline. Some activists are determined to stay, but the long winter months have depleted the activist numbers on site to a few hundred, according to activist reports.

Former Secretary of the Interior Sally Jewell told The Washington Post that the Army Corps was “reneging” on its commitment to other federal agencies and tribal leaders.

“So the decision to not do any of that is reneging on a commitment they made [in December] and I think it’s fair to say that I’m profoundly disappointed with the Corps’ reversal of its decision to conduct an Environmental Impact Statement and consider alternative routes,” Jewell told The Washington Post. “This is a clear reversal of a commitment on the part of the U.S. Army Corps of Engineers on something they gave thoughtful consideration to when they decided to do an environmental review.”

The Army Corps further stated in its press release that it will “ensure the portion of the pipeline that crosses Lake Oahe complies with the conditions of the easement.”

Additionally, the Army Corps is also working with the Standing Rock Sioux Tribe and local law enforcement to restore the area to its pre-protest state and dealing with trash and untreated waste.

Structures at former Oceti Sakowin Camp – photo by Kirsta Anderson

“The safety of those located on Corps-managed land remains our top priority, in addition to preventing contaminants from entering the waterway,” U.S. Army Corps of Engineers, Omaha District Commander, Col. John Henderson said.

Since August 2016, Morton County Sheriff Kyle Kirchmeier has stated repeatedly that his department and other police departments who assisted during Standing Rock’s opposition to the Dakota Access Pipeline, were concerned only with the rule of law, and not whether the pipeline was built or not.

“Today’s decision from the U.S. Army Corps of Engineers is a step toward the closure necessary for pipeline construction,” Kirchmeier said. “If protestors continue to take unlawful actions in response to the Corps’ decision, law enforcement will be forced to continue to put themselves in harm’s way to enforce the rule of law. Our hope is that the new administration in Washington will now provide North Dakota law enforcement the necessary resources to bring closure to the protests. ”

A garbage pile at the former Oceti Sakowin – photo by Kirsta Anderson

Morton County Commissioner Cody Schulz fired a shot at former President Obama before condemning activists without proof for at least one crime that hasn’t been proven they committed.

“The last administration in Washington decided against granting an easement to DAPL even through the career experts at the U.S. Army Corps of Engineers recommended approval and a federal court denied a request to stop it. And they refused to give North Dakota law enforcement the much needed resources to deal with professional protestors who have assaulted police officers, bullied residents, killed livestock, and angered the Standing Rock Sioux Tribe for treating their land with disrespect.”

Schulz’s claim that activists slaughtered livestock refers to an incident late autumn when local bison and cattle were reported missing. State politicians, including Congressman Kevin Cramer, R-N.D. propagandized the incident, which was perpetuated by many, including the Chairman of the North Dakota Veterans Coordinating Council Russel Stabler

The case of missing livestock is still under investigation by the North Dakota Stockmen’s Association. No one has been charged with any crime related to missing livestock.

“Today’s decision from the Corps shows that this new administration will not politically meddle in a thorough review of a project that will have an enormous positive effect on the economy and public safety in our area,” Schulz said. “With professional protestors continuing to engage in criminal activities, we have new hope that we didn’t have before: an administration that will help law enforcement provide public safety for the citizens of Morton County instead of turning their backs on them.”

The conspiracy theory behind “paid protesters,” reported by Kirchmeier, Schulz, and other state politicians, stems from a news story published by the Fargo Forum and by Valley News Live on November 16, 2016. The story pertained to an anonymous Craigslist advertisement that offered to pay people cash to help shut down Fargo’s West Acres Mall. No actual protest was reported to have occurred. The Morton County Sheriff’s Department cited the Craigslist advertisement as a “vetted source.”

Since August 2016, the state has spent more than $25 million protecting the $3.8 billion Dakota Access, LLC’s interests in the 1,172-mile long pipeline, and Morton County has solicited assistance from nearly 1,300 officers from 25 North Dakota counties, 20 cities, and nine states. Nearly 700 arrests have been made.

As of January 25, 2017, more than 300 GoFundMe accounts raised a total of $8,061,614 for activists and the camps defending Standing Rock, according to Morton County officials. A total of 360 Native Nations from around the world have come together at Standing Rock since August 2016, a feat history has never seen before.

“Once again the federal government is putting oil industry profits ahead of the rights of Native American communities, clean water and combatting climate change,” Senator Bernie Sanders said on his Facebook page. “We must stop this pipeline, uphold our commitment to Native Americans and protect our planet for future generations.”

“The Wiindigo Comes in the Winter”

Rumors threaten Standing Rock and activist unity against the Dakota Access Pipeline

By C.S. Hagen 
CANNON BALL – Rumors, like the Wiindigo, are never full. They prey on the weak, devouring their kill, always hungry, gluttonous yet emaciated. 

The legendary, cannibalistic being strikes mainly during lonely winters. According to Algonquian lore it stalks the northern forests around the Great Lakes. Like rumors, the Wiindigo is difficult to kill, as its powers rise with every victim it devours. 

The rumors surrounding Standing Rock’s fight against the Dakota Access Pipeline are not unlike the Wiindigo legends, Winona Laduke, a long time activist said. Laduke is an economist, and two-time vice presidential candidate for Ralph Nader’s Green Party. She is also the executive director for Honor the Earth, a non-profit advocate for indigenous environmental support.

“The winter of the North Country is unforgiving, and here on my own Round Lake, the Winndigo once came and ate a man and his family,” Laduke said. “That man became the Wiindigo. That is the time now, crazy actions occur. A man on my reservation starves his three horses to death, despite many friends. At the Oceti Sakowin Camp, a woman ties her dementia plagued mother onto a chair, and leaves her, without help. It is a time when we do things we regret.” 

No excuses for such strange behaviors, Laduke said, but part of being human is to be weak. 

“In the midst of this there is no question that there is chaos, there is no question that some people are infiltrators and some are profiting off the backs of this on the front line. And who is best served by all this? The answer: North Dakota’s energy empire, the Trump Administration, and, of course, Energy Transfer Partners.”

“Not afraid to look” sculpture overlooking Oceti Sakowin by Charles Rencountre (with Charles Rencountre and LaDonna Allard)- photo provided by Winona Laduke

From the beginning of Standing Rock’s fight against the Dakota Access Pipeline, much emphasis has been given to remaining peaceful. Those arrested for civil disobedience such as disobeying police orders or trespassing, are forms of free speech, activists say. Standing Rock Sioux Chairman Dave Archambault encouraged civil disobedience from the beginning, and was himself arrested after trespassing on August 12, 2016. 

While the majority of activists have been peacefully protesting, even while under constant threat from Morton County’s militarized police force armed with pepper spray, tear gas, rubber bullets, concussion grenades, some have fought back using taunts, razor wire, stones, and fire, according to authorities. Supporters attribute violent actions to agitators and federal infiltrators; the authorities use the violence as propaganda and make more arrests.

“When you are standing up against a billion dollar corporation, this is how they work,” LaDonna Tamakawastewin Allard, who owns land the Sacred Stone Camp is on, said in an interview with The Young Turks. “They go into the communities and spread gossip and rumor. That’s what I am worried about. For me I will stand with anybody who stands with the water.”

Since early August, tens of thousands of people from across the world have travelled to Standing Rock, and a total of 696 arrests have been made. 

Some of the rumors include monies donated to Standing Rock’s fight. Others have used isolated actions by people inside the camps, such as the case of Kathleen Bennett, who allegedly restrained and abused her 82-year-old mother at Oceti Sakowin, as a reflection on the movement and the tribe as a whole. 

“For years, the dearth of infrastructure and poverty of Standing Rock have made it a poster child for what’s messed up in the US,” Laduke said. More than 80 percent of people in Standing Rock live below the poverty level, she said. 

“Every year it seems, people freeze to death on Standing Rock, and frankly no one noticed until now.” 

As of January 25, 2017, more than 300 GoFundMe accounts raised a total of $8,061,614 for activists and the camps. Suspicions have been raised by Morton County Sheriff’s Department on how the monies have been spent. State and county officials have made threats in the past saying those donating funds are supporting terrorist causes. 

Standing Rock issued a statement late December 2016 saying that monies it received have gone toward funding legal fees, camp infrastructure, waste management, and outdoor restrooms. 

Standing Rock supporters point to approximately $6 million donated to the tribe that is unaccountable, and are demanding that all expenditures need to be documented and made public so not to tarnish the movement. 

“The stench of malfeasance doesn’t smell any better just because it emanates from an ally,” activist Joshua Smith, from Iowa, said. “I do have to say they are still on the forefront of the legal battle challenging DAPL in court. Lateral violence is when two different factions within a given movement criticize the other in a manner which creates division and also provides those opposed to the movement reasoning to criticize us.” 

Monies have been used to bail people out, and with nearly 700 arrested, “that’s a lot of cash bail,” Laduke said. “There were drones purchased, each time the police shot down a drone, we purchased another one because someone has to keep an eye from the air. 

“A lot of people had to be fed.” 

Unity

Competing narratives exist now at what remains of the camps at Standing Rock. Archambault has asked activists to leave since shortly after December 4, 2016, when the U.S. Army Corps of Engineers ordered Energy Transfer Partners to halt work on the Dakota Access Pipeline, concurrently ordering an environmental impact statement to be done along parts of the pipeline’s route. 

Some say the Standing Rock Tribal Council sold the activists, or water protectors, out. Others say Archambault is looking out for the safety of his tribe. Either way, Archambault’s tone has changed since the warmer, summer months. The fight is no longer at Standing Rock, but in Washington D.C., he says.

“This pipeline is not going to kill our nation, this pipeline is not going to destroy America,” Archambault said recently on The Rock Report. “This one pipeline where people refuse to leave is not going to be detrimental to our nation.”

Water protectors’ job at Standing Rock is done, he said. The tribe has stopped supporting activists camped near the reservation, along the north side of the Cannon Ball River near to the Missouri River where the Dakota Access Pipeline plans to dig under Lake Oahe. 

“I’m not asking it to end, I’m saying that the fight is not here.” 

On February 2, Archambault posted to the Standing Rock Sioux Tribe’s Facebook page, saying that he had met with Governor Doug Burgum, whose stance against the tribe is much different than his predecessor, Jack Dalrymple. 

“There is great contrast to the previous state leaderships, these visits show that he is willing to work for all citizens of North Dakota, including tribal communities. I commend the governor for his efforts and look forward to finding solutions with him.” 

“You are a betrayer of your people,” a netizen said said on the tribe’s Facebook page. “Hang your head low. We all know you sold yourself out for money. May the demise of clean water haunt your conscience.” 

The fight against the Dakota Access Pipeline is just one of many fights across the nation and Canada, Archambault said. The DAPL controversy became high profile for a simple reason. 

“Standing Rock. Water is Life. Taglines. It’s easy. We can have all the water in the world and we’re not creating a better future for our kids. Water is a source of life. It is not life.” 

Allard feels betrayed, she said on her Facebook page. She said that she is not a leader, but began her fight against the pipeline because her son, Philip Levon, is buried near the Dakota Access Pipeline. 

“It has been a hard night. All I can say is we must pray hard. How do we find that unity again? How do we stand together against the Black Snake? We must stand together. I don’t have the answers. All I have is prayer.” 

Allard has been suffering from ill health, and on the day police officers and agents from the Bureau of Indian Affairs entered her land at the Sacred Stone Camp, along the south side of Cannon Ball River, she was en route to a hospital with her husband, also in poor health. 

News that agents entered her land on February 2, after she denied them entry, surprised her, she said in an interview with The Young Turks. Allard and family own more than 300 acres on the south side of Cannon Ball River, where her Sacred Stone Camp is still set up. She heard rumors that Archambault authorized the federal incursion onto her lands because he said he also is a land owner there. 

“At no time did Chairman Archambault own any portion of this land,” Allard said. “What are they talking about, the Archambaults own land here? They do not.” Archambault’s wife, Nicole, is Allard’s cousin, who owns land to graze horses nearby, but not on the Sacred Stone Camp.

The Standing Rock Sioux Tribe disagreed. “There are two tracts of land: Army Corps of Engineers holds title to one, and the Tribe holds majority ownership of the other. Sacred Stone Camp leaders were made aware of the need for an assessment earlier this week and agreed to a site visit.” 

Allard went home and rifled through land leases, of which she personally owns three acres. The rest of the land is owned by family members, and a tribal trust – held in trust by the United States government. 

“The Archambaults hold no trust here. The Standing Rock Sioux Tribe holds trust here, that does not mean the Archambaults hold land here.” Without warrants, Archambault had no right to authorize the “raid” into Sacred Stone Camp, she said. 

“The chairman did not become Trump, and Trump still does not understand his position. I am still trying to figure out how to make peace with this. There should have never been the tribe against the water protectors. We should be standing together in a unified front. What we have is gossip and rumor dividing the people. It’s like when the fur traders were here, and the fur traders again started to gossip and rumor to divide the people. And that is where we are again.” 

She sleeps little at night, stays up worrying and praying.

Another rumor circulating around Sacred Stone Camp include a pending threat of forced removal by federal officers.

The fight is growing, Allard said, and it is not only about water or sacred lands any longer. North Dakota politicians have submitted legislation to give state government more control over reservation land and mineral rights, to run over protesters on public roads, to lessen the responsibilities of corporations to report oil spills, and to criminalize ski masks in public places. 

“I will stand, and I will not back down.” 

This summer, Allard plans to start a summer camp for youth to teach history, how to live responsibly, and how to heal. 

“I don’t need any people to come and defend me, I need people to come and defend the water. I also need people to support the tribe hoping the tribe makes better decisions, and that the tribe will stand in a unified fashion with the people.

“I must stand because my son stands with me. I have no choice.” 

Last Child’s Camp 

When attorney Chase Iron Eyes moved with approximately 80 people to a western hill forming Last Child’s Camp, the Standing Rock Sioux Tribe and Morton County condemned the group as rogue. He was arrested along with 76 others, and was released on February 3. 

He was charged with a Class C felony, inciting a riot, and his legal team is looking into the validity of the charge. Iron Eyes came out of the Morton County Correctional Facility looking tired; months at the camps and it’s apparent he has lost weight. 

“It’s no secret that Morton County, that the North Dakota law enforcement, National Guard, North Dakota media, even the governor of North Dakota, going back to Mr. Dalrymple to Burgum, and the North Dakota legislature, are colluding to villainize, dehumanize, and present the narrative that the water protectors are unlawfully camped in the area north of the Cannon Ball River, and that we are violent, that we are unruly, and indeed they are charging me with inciting a riot. But it’s clear to America, I feel, that Donald Trump is inciting a riot.” 

“Last night, a group of campers moved materials onto private land,” the Standing Rock Tribal Council said. “This group’s actions do not represent the tribe nor the original intent of the water protectors.” 

The tribe still leads the fight, but their opposition has widened to include water rights, hunting, land rights, treaty rights, not just for Standing Rock, but for all tribes, the council said. 

“It is this tribe, the Standing Rock Sioux, whose land is most at risk,” Archambault said. “It is also our court case at risk, but in reality, all our treaty rights are at risk. If we want to be treated as nations then we must behave as such. In the past few weeks at camp, I see no reflection of our earlier unity, and without unity we lose.” 

Last Child’s Camp was cleared; its tipis handed over to Standing Rock Sioux Tribe. 

“We will fight these charges,” Iron Eyes said. “We will hold accountable Morton County and all who have brutally violated our rights. This is an SOS. Vets, warriors, and others who can stand with us in peace and dignity to exercise our inherent, treaty, constitutional, and other birthrights. Come stand with us.” 

Veterans, once again, are hearing the call. VeteransRespond, an organizer and advocator of healing to communities impacted by social injustice, is planning to return to Standing Rock. 

“VeteransRespond is in the process of organizing a return mission to Standing Rock at the wishes of LaDonna Brave Bull Allard,” the group’s GoFundMe page said. “All funds will go directly towards a rental van to transport Texas and Colorado veterans to Standing Rock to help with cleanup efforts as well as serve as a de-escalation and medical response force if needed.” 

VeteransStand also created a second GoFundMe account, and plans to return. 

“In the past two weeks the turmoil and uncertainty at Standing Rock has increased significantly,” the group said on its Facebook page. “We have had thousands of volunteers reconfirm their dedication to the cause, and readiness to help. The success of our fundraising campaign will ultimately dictate our overall potential for a boots-on-the-ground presence, but our learnings from the first mission in December have allowed us to create the right infrastructure to move quickly.” 

The time of the Wiindigo creates confusion, difficult to keep eyes on the more important issues of Native American treaty rights and stopping the Dakota Access Pipeline, Laduke said. 

Signs in the snow outside of the Standing Rock camps – photo by C.S. Hagen

“In the time of the Wiindigo, confusion, and fear prey on us all,” Laduke said. “We forget who are the enemies and who are our friends and families. Let us pray for clear minds. I plan to live through the time of the Wiindigo, and when I look back at the time of Standing Rock, I want to remember the unity, the courage, the outpouring of love for our Mother Earth, our Mni Wiconi, and how we faced the enemy.” 

“An Act of War”

Department of the Army to issue final DAPL easement by Wednesday afternoon 

By C.S. Hagen 
CANNON BALL – A digital wail resounded across the Internet Tuesday afternoon after the Department of the Army announced it would be authorizing the final easement needed for the Dakota Access Pipeline to cross the Missouri River at Lake Oahe. 

Claiming rights under the Mineral Leasing Act of 1920, the Army issued an intent to grant an easement on 7.37 acres of land to Dakota Access LLC for 30 years, the letter stated. 

The Standing Rock Sioux Tribe is not mentioned once in the letter from the Department of the Army, nor in a January 24 letter written by President Trump to the Secretary of the Army. 

The issuance of the easement was influenced by the letter of expedition from the White House concerning the Dakota Access Pipeline, saying that completion of the pipeline served national interest.

“The Dakota Access Pipeline (DAPL) under development by Dakota Access, LLC, represents a substantial, multi-billion-dollar private investment in our Nation’s energy infrastructure,” Trump wrote. 

Deputy Assistant Secretary of the Army Paul Cramer referred to Trump’s letter, waiving its policy to wait 14 days after Congressional notification to grant the easement. 

U.S. Army Corps of Engineers map of pipeline crossing Missouri River

The easement is expected to be officially granted within 24 hours. Energy Transfer Partners is allowed to begin horizontal drilling across the Missouri River at Lake Oahe, approximately one mile from the Standing Rock Sioux Reservation, as soon as the easement is granted. 

Despite the U.S. Army Corps of Engineers January 18 filing with the Federal Register that its department would conduct an environmental impact study on the Dakota Access Pipeline’s route and easement to cross Lake Oahe, no mention was made about either the continuing testimonial session, which was announced to end February 20, or if the study would continue. 

Energy Transfer Partners, a parent company of the Dakota Access Pipeline, reported its stock surged 0.8 percent after receiving news of the impending approval, according to Bloomberg.

The announcement sent shock waves through Standing Rock Sioux Tribe. 

“Today, the U.S. Army Corps of Engineers, Headquarters has announced their decision to complete the Dakota Access Pipeline,” the Standing Rock Sioux Tribe said on their Facebook page. “We will admit that we are disappointed, but we are not defeated. We will take this to the highest court. The battle is not over and we will not be silenced.” 

The tribe plans to challenge the easement decision on the grounds that the environmental impact study was wrongfully terminated. It has asked Dakota Access LLC to disclose its oil spill and risk assessment records, and if construction continues the tribe will seek to shut down pipeline operations. 

On March 10, Standing Rock also plans to hold a Native Nations March on Washington D.C.

“As native peoples, we have been knocked down again,” Standing Rock Sioux Tribe Chairman Dave Archambault II said. “But we will get back up, we will rise above the greed and corruption that has plagued our peoples since first contact. We call on the Native Nations of the United States to stand together, unite and fight back. Under this administration, all of our rights, everything that makes us who we are is at risk.”  

“December 4 was no victory at all,” attorney and long time activist Chase Iron Eyes said. Iron Eyes ran for congress in North Dakota in 2016, and since November has been spending much of his time at the camps outside of Cannon Ball. 

“Trump’s Army corps approved the death of our river,” Iron Eyes said. “We didn’t win. They told us to go home because ‘we won,’ ‘our prayers were answered.’ My daughter cried tears of joy in a false, hollow, meaningless ‘victory.’ Where is your heart at? 

“Mine is going to be on the frontline on behalf of my children.” 

Sacred Stone Camp announced a Last Stand against the Dakota Access Pipeline set to begin Wednesday. 

Facebook posts expressed sorrow at the news. 

“Where are you Standing Rock?” a person by the name of Che Jim posted from Indianapolis. “Where are you Tribal Council? Where are you chairman? We were just sentenced of failure.” 

“We only have a 24-hour window that we’re going to proceed with more legal action, and people are coming back from all over,” Phyllis Young, a former councilwoman for the Standing Rock Sioux Tribe and Central Oceti Sakowin camp organizer, said in an interview made public by Digital Smoke Signals. “We are all in challenging spirit, more challenging than ever. But we are who we are, and we will do whatever we have to do to protect our homeland and our water.

“We knew this was coming. We knew the giant America is when they want their pipeline. We have experience when they built their dams, they came rushing in – the waters – and it was January. Now for them to take our water is an act of genocide, an act of war.” 

North Dakota politicians expressed support for the Army Corps’ decision. 

“As we’ve said before, the issue of the Dakota Access Pipeline has been at a standstill for far too long, causing uncertainty and confusion in our communities, and exacerbating tensions surrounding the pipeline’s construction,” House Democratic-NPL Leader Corey Mock said in a press release.

 “With today’s news that the Army Corps will approve the easement for the pipeline’s completion, North Dakotans finally have a measure of certainty that this process will move forward. In the immediate future, for the safety of everyone involved, all parties must heed the calls of the Standing Rock Sioux and our governor for the remaining protesters to leave the camp north of Cannonball River before flood season sets in.”

“As this issue moves toward a final resolution, we must remain committed to repairing and rebuilding relationships within our communities and with our tribal neighbors,” said Senate Dem-NPL Leader Joan Heckaman said in a press release. 

“Rebuilding trust was a priority that Governor Burgum emphasized in his State of the State address, and we continue to believe this is absolutely necessary, especially as steps are taken to complete construction of the pipeline and as flood season approaches, potentially endangering those who remain at the camps. Our highest priority must continue to be the safety of everyone involved – protesters, law enforcement, construction workers and members of the surrounding communities.”      

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