Tag: Americanhorse

North Dakota’s Valley Forge

Activists outside Standing Rock winterize, law enforcement puts more boots on the ground, and state politicians speak their minds

By C.S. Hagen
CANNON BALL – Snow fluttered across tipis and tents last weekend, tip-tapping like panicked field mice across canvas. It was not a gentle fat-flaked snow, rather ice, a bone-chilling wintry taste for the activists camped outside of Standing Rock Sioux Reservation.

Dried corn cobs, a camp sign with hand written wooden signs hailing from the USA, the Arctic, Paris, and more - photo by C.S. Hagen

Dried corn cobs, a camp sign with hand written wooden signs hailing from the USA, the Arctic, Paris, and more – photo by C.S. Hagen

As the sun crested Facebook Hill, flooding the prairie with much-needed warmth, a dog howled mournfully. An infant cried. Horses snorted the cold night’s air from their nostrils. Slowly, the camp stirred. A drum beat; an elder greeted the day with native song. Younger “water warriors” screeched like crows, and their cries seemingly echoed from both sides of the Cannon Ball River.

The camps have grown smaller. Some activists, like Dale “Happi” Americanhorse Jr., have traveled to Iowa to assist in what Americanhorse says is a losing battle against Dakota Access Pipeline. Other activists simply cannot handle the elements, for inside a thin canvas tent, deep in the night, cold bites the skin, and by day fierce winds and thinning shade can only toughen or shatter activists’ resolve.

For the thousands that do remain encamped and resolute against the Dakota Access Pipeline, the 17 international banks funding the 1,172-mile project, the politicians whom activists say are forcing agendas and filling pocketbooks, and the federal government’s broken treaty promises, they’re preparing for their own Valley Forge.

“We are fighting three battles right now,” a Facebook post published by the Red Warrior Camp stated. “We are protecting the sacred from the Dakota Access Pipeline, we are defending ourselves from the fascist state armed to harm, and we are reinforcing our camp to face the harsh weather that is arriving.”

Big Camp, outside of Cannon Ball - photo by C.S. Hagen

Big Camp, outside of Cannon Ball – photo by C.S. Hagen

On Sunday, the U.S. Court of Appeals in Washington D.C. dissolved a second emergency motion for an injunction filed by the Standing Rock Sioux Tribe against the U.S. Army Corps of Engineers to halt the pipeline project. For weeks, Dakota Access LLP, a subsidiary of Energy Transfer Partners, had been ordered to halt all work on the pipeline within 20 miles on either side of Lake Oahe along the Missouri River.

“But ours is not the final word,” U.S. Court of Appeals documents stated. “A necessary easement still awaits government approval – a decision Corps’ counsel predicts is likely weeks away; meanwhile Intervenor DAPL has rights of access to the limited portion of pipeline corridor not yet cleared – where the Tribe alleges additional historic sites are at risk.”

Despite the court ruling, the U.S. Army Corps of Engineers refused to give its permission for Dakota Access Pipeline to build on Corps lands bordering or under Lake Oahe, and once again recommended that DAPL “voluntarily pause all construction activity” on private lands, according to a press release made available by the U.S. Department of Justice.

DAPL, or the Dakota Access Pipeline, is now legally authorized to continue its project into parts of the no work zone.

Tipis and Mongolian-styled yurts are replacing flimsy North Face tents. Some activists are building wind-breaking fences around their designated spots. Wood stoves are providing warmth in a handful of larger military-styled tents. Massive trees have been brought in for log cabins, hay bales for windbreakers. More activists have moved to the nearby Cannon Ball River, a tributary of the Missouri River, for its wooded banks offer some shelter.

Those that do remain are not surrendering.

On October 8, more than 20 riders from Winona LaDuke’s Honor the Earth organization, and from the Wounded Knee Memorial Riders, the Dakota 38, the Big Foot riders, among others, set off on a four-day horse ride from Standing Rock to Tioga against the Dakota Access Pipeline.

Winona LaDuke preparing to begin the four-day horse ride against the flow of the pipeline - photo by C.S. Hagen

Winona LaDuke preparing to begin the four-day horse ride against the flow of the pipeline – photo by C.S. Hagen

“This is our moment,” LaDuke said on the Honor the Earth website. In addition to being a longtime environmentalist LaDuke was also two-time vice presidential candidate for Ralph Nader’s Green Party. “Tribes and First Nations are standing up and standing together to demand an end to the desecration of our lands and the poisoning of our sacred waters.”

Minutes after the riders disappeared into the Dakota prairies an Aztec group performed ritual dances drawing nearly everyone to the Sacred Circle. Native Americans and supporters from around the country, including Fargo residents Cindy Gomez-Schempp of the People’s Press Project 88.1 FM radio, and Barry Nelson, of the North Dakota Human Rights Coalition, showed their enthusiasm for the ritual dancers, swirling in their emerald and citron feathers from the tropical quetzal and troupial. Air turned sweet with burning copal, or pine tree sap, southern native equivalent to sweetgrass, as the dancers pounded the earth, many in bare feet.

Riders set off through main entrance to Big Camp - photo by C.S. Hagen

Riders set off through main entrance to Big Camp – photo by C.S. Hagen

“I come here because I need to bear witness to what is happening,” Nelson said. Many national news agencies reporting of the Dakota Access Pipeline controversy are wrong, Nelson said, and the efforts of the Native Americans and others against big oil is “historically incredible,” he said.

Tom Goldtooth, executive director of the Indigenous Environmental Network, said he is troubled by the recent court’s decision, but civil disobedience at Standing Rock will not diminish.

“We will continue to support the tribe’s efforts to hold the US federal government accountable for rubber stamping this dirty oil project… This fight is far from over.”

Myron Dewey – from Facebook profile

Although law enforcement and DAPL security are watching and documenting camp activity, activists have digital scouts of their own. Myron Dewey, a filmmaker and drone operator, fought back by documenting pipeline activity with a drone, until the machine was confiscated by Morton County Sheriff’s Department after an unnamed DAPL worker filed an intimidation report. When Dewey attempted to clarify questions and gather facts, law enforcement officials refused to listen and forced him from the Morton County Sheriff Department premises.

Some officers have hidden their nametags, Dewey said, and the officer who “arrested” his drone only offered his badge number on the report. No warrant was issued for his arrest, because in order to do so the DAPL worker would have to be named, Dewey said.

“When our public officials no longer can become identified, they are no longer the public officials,” Dewey said.

Dewey documented DAPL activity with video, photographs, and GPS coordinates 24 miles and then on October 8 – a day before the U.S. District Court of Appeals decision – 16 miles from the Missouri River. Once past the 20-mile marker, Dakota Access LLP work on the pipeline became illegal.

DAPL private security personnel were mysteriously gone on Monday, which was Indigenous People’s Day, formerly known as Columbus Day. “It’s now police policing the pipeline, and they’re there, everywhere, all along the pipeline. This is where the tax dollars are going. You’re seeing militarization of a police force that is not trained in militarization. That’s today.

“It’s really sad. It’s women and children, they’re Native Americans, and people from all over the world.” Much of the assistance is coming from Bismarck, Dewey said, but those who are helping are afraid to give their names for fear of repercussions when they return home.

Dewey offered his views on why he and thousands of others will continue.

“We have a Dakota Access Pipeline entity that has lost its connection, its spirit, to the earth,” Dewey said. “Our goal is to help Dakota Access Pipeline, and all the workers and private security, and also the officers that are protecting that pipeline to get connected to the earth. And then you will understand why we are fighting to protect the water in a good way in prayer.”

Divergent actress Shailene Woodley's mug shot at Morton County Jail - photo provided by Morton County Sheriff's Department

Divergent actress Shailene Woodley’s mug shot at Morton County Jail – photo provided by Morton County Sheriff’s Department

On Indigenous People’s Day, Divergent series movie star Shailene Woodley was arrested along with 26 others by sheriff deputies. A deputy grabbed her jacket as she was walking with her mother toward their vehicle to return to Big Camp, and arrested her for criminal trespassing, a misdemeanor. Woodley asked officers why she was singled out for arrest.

“You were identified,” the arresting officer said.

“Alright, I’m being arrested.” Woodley smiled into the camera. Her mother was filming as the officer shackled her daughter’s wrists.  

“So everybody knows, we were going to our vehicle, which they had all surrounded, and were waiting for me with giant guns and giant truck behind them, just so they could arrest me.” Woodley said. Law enforcement then led her away in handcuffs.

Woodley posted a USD 500 bond, and could face up to three months in prison and USD 3,000 in fines, according to Morton County Sheriff Department spokesman Rob Keller. Her court date is set for October 24. A total of 27 people were arrested Monday after approximately 300 people protested at two construction sites along the Dakota Access Pipeline.

“All 27 were arrested on the same charges, engaging in a riot and criminal trespass,” Cass County Sheriff Paul Laney, who currently serves as Morton County Sheriff Kyle Kirchmeier’s operations chief in Morton County, said. “She [Woodley] was one of 27, she was no different than the others.” Laney said he hopes the activists return home now that their message has been heard across America and the U.S. Court of Appeals has denied Standing Rock’s petition for a second time.

Armored police vehicles outside of St. Anthony, ND - online sources

Armored police vehicles outside of St. Anthony, ND – online sources

More Boots on the Ground

As Dakota Access LLP’s pipeline nears its finish in Iowa, and is reportedly 68 percent completed across the country, the project is still behind schedule in North Dakota.

Since early August a total of 123 activists have been arrested on misdemeanor and felony charges including criminal trespass, reckless endangerment, and terrorizing law enforcement. Governor Jack Dalrymple declared an emergency state in August, has brought in the National Guard, has asked President Obama for further financial assistance, and has approved out-of-state support from the National Sheriffs’ Association.

“We have basically tapped the resources to a level that we’ve never seen here in North Dakota for one particular incident,” Kirchmeier said in a press conference.

“I’m sorry I have to be here today,” Wyoming’s Laramie County Sheriff Danny Glick and president of the 15-state Western Sheriffs’ Association, said in a press conference. “But my message is simple and direct. I’m here to pledge the support of the nation’s sheriffs to the people of Morton County and North Dakota.”

Kirchmeier believes the collaboration is a win, and 40 deputies from Wisconsin began taking 21-day shifts to assist Morton County law enforcement, but on Wednesday, the 10 from Dane County returned home, according to the Dane County Sheriff’s Office.

“Throughout the week, Sheriff [Dave] Mahoney has engaged in conversations with a wide cross-section of our community, all of whom felt strongly that our deputies should not be involved in the events taking place in North Dakota,” a press release from the Dane County Sheriff’s Office reported.

Kirchmeier also plans to engage in a more proactive stance against anyone who breaks the law. So far, the North Dakota National Guard is still acting in a limited capacity, primarily working the roadblock on Highway 1806.

“Protesters have disdained the rule of law, and that has resulted in a heightened level of fear and concerns among the residents,” Kirchmeier said. “These fears are real.”

Aztec dancers - photo by C.S. Hagen

Aztec dancers – photo by C.S. Hagen

Laney said Monday’s protest was anything but peaceful. “While some would like to say this was a protest, this was not a protest – this was a riot. When you have that many people engage in that kind of behavior, inciting others to break the law, cheering others on as they do break the law, refusing to leave when they are asked to leave, that’s not a protest… Today, 27 arrests were made – not because we wanted that to happen, because those people on scene chose for that to happen.”

Recently, local residents have become the victims of terrorizing threats, intimidation, and criminal trespass, Kirchmeier said. Even Morton County’s new residents, those encamped outside of Cannon Ball, were victims recently when Bryce Ironhawk, from South Dakota, allegedly ploughed into Big Camp in a stolen Chevy Camaro late on October 6, knocking over flagpoles and partially destroying a tipi, Morton County Sheriff’s Department reported. Ironhawk’s blood-alcohol level was more than double the legal limit, and he was charged with driving under the influence and aggravated reckless driving.

Camp spokespeople said Ironhawk was not an activist living in the camp. Posted at Big Camp’s entrance are the rules: no weapons, no drugs, no alcohol.

“How many days are going to go by before someone gets hurt?” Dewey said. Native Americans and activists are targeted by police on the roads; law enforcement without proper identification are driving through camp, acting like predators, taking pictures of children in the makeshift school on camp premises, he said. DAPL security are dressing like activists and infiltrating the camp. “We’re being targeted now, and this is something that is not okay anymore. We are asking for the power of protection and prayer coming from all the four directions.”

Reports have been made to police about strange people and occurrences, including reports made by those attacked by dogs on September 3, Dewey said, but nothing is being done about their reports. “They did not do their job in protecting the people that were bit. I find that’s a violation of their protocols and what they’re supposed to do. They sat at the bottom of that hill.”

On October 4, nearly 20 activists appeared at Morton County Courthouse to plead not guilty at their arraignments. All requested court-appointed attorneys, some of whom met with camp attorney Angela Bibens and others behind closed doors.

Morton County State’s Attorney Brian Grosinger appeared on behalf of the state, and frequently seemed confused during the proceedings, at one point offering District Court Judge Bruce Haskell an apology. Grosinger asked for a higher bond against Mason Redwing, who turned himself in after being charged with reckless endangerment, criminal trespass, and terrorizing law enforcement after he allegedly charged armed law enforcement on horseback on September 28.

If proven guilty Redwing could face five years imprisonment and or a USD 10,000 fine.

Dale "Happi" Americanhorse Jr. walking alone into the Morton County Courthouse - photo by C.S. Hagen

Dale “Happi” Americanhorse Jr. walking alone into the Morton County Courthouse – photo by C.S. Hagen

“We’re prosecuting crimes,” Grosinger said after the first round or cases were arraigned. Too early, he said, to say if the state will be seeking maximum penalties against the dozens of activists arrested.

Americanhorse, who was represented by Steven Balaban, a Bismarck attorney, will begin court proceedings on December 23. He is charged with one felony and three misdemeanors stemming from August 31.

“We as water protectors are not intimidated by the trumped up charges they throw at us,” Americanhorse said. “We are not backing down and will continue to do exactly what we do. Protect.”

“The state is using excessive force normally used in war overseas on unarmed Indigenous People to protect DAPL,” a Red Warrior Camp press release reported. “This is tantamount to an act of war on the Indigenous People…”

 

To Be or Not To Be – a Governor

Dalrymple is currently serving his final term as the governor of North Dakota. Three men are vying to take his place.

Representative Marvin E. Nelson, D-N.D., from Rolla, said he fears the Dakota Access controversy will end in violence.

Representative Marvin E. Nelson - online sources

Representative Marvin E. Nelson – online sources

“First of all, clearly the process did not work properly at the state level,” Nelson said. “I would point to what happened that the pipeline did not get sited in the right place. As governor, we have a company engaged in legal activity and it’s trying to move ahead, and then there are protestors. It would be my responsibility to protect them… that is the thing as governor – you have to do what you are responsible to do.

“Everyone wants to roll the clock back… but you can’t always go back.”

Nelson expects DAPL is preparing for a quick build to Lake Oahe, protected by beefed-up police presence. The situation has become polarized between absolute support and absolute opposition. “I look too at the protestors and what they’re saying, and I really do fear that there will be violence here. It’s just frustrating. It’s what happens with ultimate positions.”

The governor is more of a spectator, charged with protecting human life, and outside of offering pardons to activists and DAPL workers charged with crimes, the governor has little authority in these situations.

“The company is going to shove it through there,” Nelson said. “The big question is whether the government will allow an easement. It is still possible the tribe will win. Their strongest case is on their water rights. It’s involving their water – and it doesn’t seem there was an engagement with the tribes pertaining to their water rights.”

Nelson added that the U.S. Corps of Engineers rarely investigates beyond river crossings, and that national building permits are not adequate; a full environmental impact study should be conducted.

“Really, the relationship between our tribes and our state could become better and more active,” Nelson said. “We do need to work together more.”

Marty Riske, the Libertarian candidate for North Dakota governor, said it is a very dangerous time for North Dakota.

Marty Riske - online sources

Marty Riske – online sources

“I know what I would have done, hindsight being twenty-twenty,” Riske said. “I would have brought a table to the site and invited the chiefs of the Native American tribes, the chiefs of the oil companies, and the governor himself. I would have been down there at a long table and a decision tree, and each of us would have espoused what we want, and the things that remained in the tree, the differences that weren’t being met, would have to be brought closer together to get everyone to agree.”

Now that the controversy is polarized, however, and low commodity prices are threatening North Dakotan prosperity, pension funds for teachers and state employees are sliding into arrears due to slipping oil prices, a pipeline is what the state needs, Riske said. Used correctly shipping oil via pipelines is half the cost of transportation by rail or truck. Energy Transfer Partners also has obtained the proper authority to complete the pipeline, the Public Service Commission did their work correctly, Riske said, but President Obama came up from behind and threw the project into chaos.

“If I were governor, I would say, ‘Obama, we are removing all our law enforcement by this date and we ask you to replace them all, or take over the bills, and then you work this deal out. Come here and get this deal done.’”

Oil and natural gas are necessities for North Dakota, and for the nation, Riske said, and although he plans to begin using solar panels on his own property, the technology for alternative energy is not ready to take over the fossil fuel industry.

“I know damn well you don’t want oil to go away,” Riske said. “This notion that we can end fossil fuels is uniformed.”

North Dakota has to get Bakken oil to market, or North Dakota will “suffer greatly,” Riske said.

“By doing what we’re doing, we’re putting the shivers into the whole pipeline program in North Dakota.”

Doug Burgum - online sources

Doug Burgum

Doug Burgum, the Republican candidate for governor of North Dakota, said free speech and the right to protest need to be respected, but that law and order must be maintained on federal lands.

“One of things that makes our country so special is the right of free speech and the right to peacefully protest,” Burgum said. “The state should continue to request that the federal government uphold their responsibility for maintaining peace and order on federal land. Going forward, we need to remember that disagreement can exist alongside mutual respect, listening, and dialogue as we work together towards a peaceful, constructive resolution.”

The signpost at Standing Rock Camp - photo by C.S. Hagen

The signpost at Standing Rock Camp – photo by C.S. Hagen

Battle of Two Chiefs

Morton County Sheriff’s Department Kyle Kirchmeier vs. Standing Rock Sioux Tribe Chairman Dave Archambault II

By C.S. Hagen
MANDAN, ND
– Two North Dakotan chiefs are pitted, one against the other.

One chief, Morton County Sheriff Kyle Kirchmeier, has laws, politicians, the North Dakota National Guard, taxpayers’ money, and a third chief from the private sector, Kelcy Warren, CEO of Energy Transfer Partners, with all the powers money can buy, on his side.

The other, Standing Rock Sioux Tribe Chairman Dave Archambault II, uses prayer, donations, federal treaties, and thousands of volunteers from native tribes and concerned citizens across the world to fight the pipeline’s continuation.

One chief uses the law’s full force: police in riot gear, automatic weapons, handcuffs, and calls the Dakota Access Pipeline demonstrations, which have continued in earnest and unabated since early August, dangerous. The other chief calls for prayer, civil disobedience, smokes a ceremonial peace pipe, and calls his people, including those from nearly 300 different tribes, water protectors.

One chief lives in Mandan, making USD 78,000 a year; the other sometimes resides in a canvas tipi on land that once belonged to the Great Sioux Nation.

One chief arrested the other. In fact, Archambault was among the first activists to be arrested on August 12, 2016, according to the Morton County Sheriff’s Department. But to Archambault, the fight against Dakota Access Pipeline is just.

“Our tribe has opposed the Dakota Access pipeline since we first learned about it in 2014,” Archambault said in a press conference. “I believe this movement is organic, and has a life on its own. It is not about race, not about hate. It’s about unity.”

For 500 years, Archambault said, Native Americans have suffered from defeat, prejudice, and broken treaties. One day, the pipeline will not only poison the Standing Rock Sioux tribe, but the millions who depend on the Missouri River for water – human, fauna, and flora.

“And yet we’re the ones who continue to pay the costs,” Archambault said.

Buffalo drinking from pond near the proposed Dakota Access Pipeline - by C.S. Hagen

Buffalo drinking from pond near the proposed Dakota Access Pipeline – photo by C.S. Hagen

The costs including but not limited to the pipeline tearing up native burial sites, poisoning land and waters on its journey south toward Nederland, Texas, in the same state where the third chief resides in 23,000-square-foot-home on 10 acres of land. The real costs to the personal freedoms of at least 69 activists arrested, some of whom are banned from returning to protest areas. Misdemeanor offenses of trespassing are now becoming felony charges of criminal mischief, according to the Morton County Sheriff’s Department. Some of those arrested, activists said, are being stalled, and temporarily denied their rights to counsel.

“The biggest concern that we had about those situations, was holding someone on a no-bond hold for three days on a misdemeanor, that seems irrational,” Standing Rock Sioux Tribe camp attorney Angela Bibens said. “The situation is that people are being targeted, people’s relatives are being targeted. Are people’s rights being violated? There is definitely a case for that.”

Sara Long, a citizen journalist, was arrested for trespassing on Sunday. She had her phone confiscated, was abused verbally, and law enforcement threatened to have her phone unlocked with software, Bibens said.

“You have to have a warrant to get into someone’s phone,” Bibens said. “That is a clear case of someone’s rights being violated. All charges against Long were eventually dropped, and Long did receive her cellular phone back, Bibens said.

“People are being arrested indiscriminately. They are trying to target leadership, trying to determine who is in charge. There is a certain amount of panic that is detectable within law enforcement. They’re not accustomed to what they’re seeing, a large, peaceful group of Native Americans – everybody’s here in Standing Rock.”

Bibens was denied one-on-one access to activists in the county jail, she said, and has to speak to them through glass and by telephones, which may be recorded, she said. Licensed to practice in Colorado, and currently with the National Lawyers Guild, it is legal for out-of-state attorneys to be denied the right to practice in another state, but the current situation with 69 arrests is overwhelming, not only for her, but for Morton County.

Some are being appointed court attorneys, and she is attempting to recruit local lawyers to step in.

Additionally, activists have reported seeing military research and surveillance drones, claiming the drones have blocked reception to the Standing Rock camp areas, and that Facebook is blocking some activists’ videos and statements. Bibens is monitoring the claims, she said.

Not long after the Standing Rock Sioux Tribe’s petition for an injunction against Dakota Access failed, President Obama’s Administration and the U.S. Army Corps of Engineers issued a statement recommending Dakota Access LLC was no longer authorized to work on the U.S. Corps of Engineers’ lands. On Friday, the Washington D.C. Circuit Court of Appeals officially backed the President’s recommendation, halting all work on the Dakota Access Pipeline within 20 miles on either side of Lake Oahe along the Missouri River. The news was joyous to some, considered an annoyance to others. With a legal score of one-to-one for both chiefs, some expected the tension – like a ticking time bomb – would be defused.

Instead, tensions grew.

Law enforcement began arresting activists, native spokespeople, and media personnel, by the busloads. Misdemeanor criminal trespass charges have been filed against Democracy Now! host Amy Goodman, the Standing Rock Sioux Tribe’s Red Warrior spokesman Cody Hall, at least two other journalists, and third-party presidential candidate Dr. Jill Stein, as well as her running mate, Ajamu Baraka.

American horse while chained to a Dakota Access excavator - online sources

Dale “Happi” Americanhorse Jr. while chained to a Dakota Access excavator – online sources

“The Morton County State’s Attorney’s office will pursue felony charges against the protestors who attached themselves to equipment due to the seriousness of the crime,” Kirchmeier said. “The Dakota Access Pipeline has shown good faith in the legal process by removing their equipment from their worksites… But rather than respect this, a small element of the protest group has decided to go and find DAPL equipment and sites wherever they are and interrupt their work that the pipeline has legal right to conduct.”

“This is an unacceptable violation of freedom of the press,” Goodman said in a statement. “I was doing my job by covering pipeline guards unleashing dogs and pepper spray on Native American protestors.”

Long, who is a resident of Cannon Ball, said on her Facebook page that she was incarcerated for 28 hours and charged with criminal trespass.

“They are trying to silence us, again and again, by violating our rights,” Long said on her Facebook page.

“It was not known at the time that Ms. Goodman was a media representative,” Kirchmeier said. “Part of the investigation process is to review all evidence. This included video taken from the protest site. Persons identified on the video were arrested.”

All activists arrested, excluding one female prisoner who had an outstanding warrant from Nebraska, have been released on bail, Kirchmeier reported. Olowan Sara Martinez was charged with criminal trespass on a Dakota Access Pipeline worksite, and has outstanding warrants of terroristic threats, a class-4 felony, among other misdemeanor charges from Nebraska. Nebraska officials have 10 days to take custody of Martinez, according to Morton County Sheriff’s Department.

Kirchmeier denied any accusations that the department was targeting media personnel, spokespeople, or medics.

“There are numerous outside groups, some invited and some not,” Kirchmeier said. “They are participating and are suspected to be causing issues. While they may have come in support of the Standing Rock Sioux Tribe, they are also pushing their own agenda.”

North Dakota National Guard blockading Highway 1806 - photo by Annie Gao

North Dakota National Guard blockading Highway 1806 – photo by Annie Gao

Many activists feel local and state law enforcement, and now the North Dakota National Guard, are acting as the protectors of big oil interests. While native interests rarely make national or international headlines, and their opinions on matters are rarely heard, these ingredients add to the distrust shared by nearly all Native Americans toward the federal and local governments, activists said. Throw in a pinch of big oil campaign funding for North Dakota politicians, a little private investing, and the final result resembles an agenda the Standing Rock Sioux Tribe and its supporters are not comfortable with.

The third chief, Warren, vowed to his employees to complete the 1,172-mile pipeline on time. The pipeline, if built, will “safely move American oil to American markets,” Warren stated in an internal memo to Energy Transfer employees. “It will reduce our dependence on oil from unstable regions of the world and drive down the cost of petroleum products for American industry and consumers.”

DAPL excavation equipment and "scar" or trench made for the pipeline - photo by C.S. Hagen

DAPL excavation equipment and “scar” or trench made for the pipeline – photo by C.S. Hagen

An interesting and profitable venture, analysts say, especially in light of the fact that Congress agreed to lift the nation’s 40-year-old ban on oil exports in 2015. Fourth quarter 2015 the United States exported 4.8 million barrels per day to 136 countries, including Canada, Saudi Arabia, Venezuela, Mexico, and Colombia, according to the U.S. Energy Information Administration.

“It’s entirely fair to highlight Energy Transfer Partner’s ambitions when it comes to exporting hydrocarbons from North America to the highest bidder, and to tie that to a recent lifting of embargo,” Hugh MacMillan, a senior research for the Food & Water Watch said.

Senator Heidi Heitkamp D-N.D., helped lead the efforts on behalf of oil companies for increased exports of liquefied gas and crude oil, according to Heitkamp’s website. Heitkamp, along with Senator Lisa Murkowski R-AK, wrote the Heitkamp-Murkowski Bipartisan Bill to lift the ban on oil exports in 2015.

Enbridge Inc., an investor of the Dakota Access Pipeline, stated in its 2015 annual report that “We see continued opportunities to expand and extend our pipeline systems to help meet North America’s energy needs and contribute to energy security, as well as build connectivity to coastal markets than enable exports.”

No matter what country Dakota crude from the Bakken region might end up, Warren petitioned employees to contact “elected representatives – all of them – to tell them how important this project is to your livelihood.”

Work on the pipeline is approximately 60 percent complete, Warren stated.

“Our corporate mindset has long been to keep our head down and do our work,” Warren’s memo stated. “We respect the constitutional right of all assembled in North Dakota to voice their opinions for or against projects like ours. However, threats and attacks on our employees, their families and our contractors as well as the destruction of equipment and encroachment on private property must not be tolerated.”

The day of the attack dogs photograph, activists defending themselves - photo provided by Morton County Sheriff's Department

The day of the attack dogs – photo provided by Morton County Sheriff’s Department

Frost Kennels

According to Archambault, activists did not instigate the violence on September 3.

“They provoked everything that happened,” Archambault said in a press conference.

Bob Frost, owner and president of Ohio-based Frost Kennels, said his employees were at the Dakota Access Pipeline site on September 3.

“We went out there to do a job and we did it,” Frost said. Personally, Frost supports the continuation of the Dakota Access Pipeline, and said when activists held a protest in Louisville, Ohio last weekend, he received death threats. Activists also attempted to break into an employee’s home, Frost said. Police arrived and the activists scattered; no one was arrested. Frost also reported that activists were burning Dakota Access Pipeline bridges in the Cannon Ball area, but Morton County Sheriff’s Department stated they received no such reports.

sidebarFrost’s company didn’t have time to prepare properly on September 3, and they “were ambushed,” he said. The plan was to use pronged collars and 20-foot leashes, but he decided to go early to the construction site after he received a call from the company who employed Frost Kennels, a company he refused to name.

Upon arrival, Frost found activists tearing down fences, throwing themselves under excavation machinery, and threatening his dogs and employees, Frost said.

“So we just said f*ck it, and got our dogs, and tried to make a bridge between them and the workers. We did not go out to attack people, but they knocked down a fence and entered private property. I tell you what, if someone came on to my own yard, I’d have the right to shoot them, that’s the law.”

As to the angry online reactions to pictures of Frost Kennels dogs with bloodied jaws, Frost said the blood could not have come from human beings.

“Dogs aren’t trained to be social around 20 people, especially with that riot mentality,” Frost said. “But if a dog bites you, the blood is gone within 30 seconds, because they lick their lips and it’s gone.” The blood, Frost said, came from his dogs being struck by activists.

Despite the threats Frost has received, he said he offered activists food last weekend during their protest against his company. “I offered to give them all food, but they didn’t want it,” he said. “And hey, I’m not racist. My wife is 50 percent Native American, my kids are card carrying tribal members, and my best friend is a black guy sitting right here beside me.”

At least eight activists, including a young woman were injured, some with dog bites, and one child suffered a rash after being hit in the face with mace, according to Bibens.

“As far as that picture of that child being bit, I feel bad for whoever it was,” Frost said. “First because any child who is bit I feel for, but also I feel bad for the parents who brought their children there in the first place.”

Morton County Sheriff’s Department has not filed charges against Frost or his employees yet, but initiated a joint task force on Tuesday comprised of the Morton and Mercer County Sheriff’s departments, the Bureau of Criminal Investigation, and the Bureau of Indian Affairs, to investigate all sides involved. The North Dakota Private Investigation and Security Board is also investigating whether Frost Kennels was properly licensed or registered to work in the state.

“It is important we give this incident a thorough examination,” Kirchmeier said. “DAPL private security officers with dogs were at the worksite. Protesters broke through a fence and entered the site… Seven individuals have been identified and charged with criminal trespass for their involvement in the protest that day.

“The investigation could lead to charges on both sides.”

Deputies did not know about the use of dogs until receiving a 911 call from security personnel, Kirchmeier said.

Rumors that G4S, one of the world’s leading security companies headquartered in Great Britain, has been hired to provide security staff to Dakota Access Pipeline, are false, according to the company’s communication director Monica Garcia. Garcia said that no G4S personnel were on site on September 3, and that the company has no K9 units in North Dakota yet, and that G4S has had no engagements with activists involved with the Dakota Access Pipeline.

“The incident that occurred near Cannon Ball, North Dakota on Saturday, September 3rd involved other security providers, not G4S,” Garcia said. “We are not providing services to that entity [Dakota Access Pipeline or Energy Transfer Partners].”

The security company goes by many nicknames such as the “Chaos Company” in an April 2014 article for Vanity Fair, and as “spy for hire” in Tim Shorrock’s 2009 book Spies for Hire. Historically, G4S is hired by companies and governments to enter dangerous situations such as Nigeria, Israel, Colombia, Iraq, Afghanistan, and now, according to media outlets around the world, into western North Dakota.

The company and its subsidiaries are allegedly involved in controversies including immigrant-detainee labor in prisons, crimes against humanity in Israel, misconduct in child custodial institutions, police telephone data manipulation, and its employment of terrorist Omar Mateen, who killed 49 people and wounded 53 others in an Orlando gay nightclub in June 2016, according to Reuters.

horse-in-corral-at-big-camp

A Native American horse inside corral at Big Camp – photo by C.S. Hagen

Winter is Coming

Inside the three camps set up outside Cannon Ball, some activists are winterizing. Solar panels are being used to produce electricity. Sturdier, wooden structures are replacing tents. Woodstoves are being prepared for larger tents that will surround Big Camp’s Sacred Circle. Ceremonies last long into the night, and modern bands have also been performing on the weekends.

Direct Action classes at Big Camp - by C.S. Hagen

Direct Action classes at Big Camp – photo by C.S. Hagen

Although the tension on both sides of the Dakota Access Pipeline may be nearing a breaking point, meetings between the two chiefs, Kirchmeier and Archambault, have “been numerous,” according to Kirchmeier. Morale, for both chiefs, and on both sides of the issue, are high. Big Camp, nestled into a gentle curve of the Missouri River, has expanded. Medic tents have doubled. Classes for children, for activist awareness, for wilderness survival are now being taught to anyone wanting to attend. Jewelers are displaying their wares. Long lines orderly wait for free t-shirts with protect water slogans printed on site. Donations in the forms of clothing, meats, eggs, water, are pouring in. Porta potties are kept clean as possible.

Rock star Neil Young produced a new song and video entitled Indian Givers for the Dakota Access Pipeline protest, according to Rolling Stone magazine.

There’s a battle raging on the sacred land, our brothers and sisters have to take a stand, the song starts off.

Young makes reference to “big money” being the “Indian givers” for plowing an oil pipeline through land rightfully belonging to Native Americans, and sings about Dale “Happi” American Horse Jr., the 26-year-old Sicangu-Oglala Lakota activist who was featured in HPR story entitled “Can’t Drink Oil,” on September 15.

Saw Happy locked to the big machine

They had to cut him loose and you know what that means

That’s when Happy went to jail

Behind big money justice always fails

– part of the lyrics for Neil Young’s song Indian Givers

Kirchmeier realizes the issues will not be resolved anytime soon.

“The morale of our law enforcement personnel is good,” Kirchmeier said. “We have tremendous support from law enforcement agencies across North Dakota.”

A total of 595 people from 51 departments and agencies have assisted, Kirchmeier said. Thirteen counties in North Dakota have provided 144 officers, 11 cities in North Dakota have provided 130 officers, and another 127 officers have been recruited locally.

Medic tent outside of Red Warriors Camp - photo by C.S. Hagen

Medic tent outside of Red Warriors Camp – photo by C.S. Hagen

“Tribal leaders have indicated to law enforcement they want a peaceful protest,” Kirchmeier said. “However, not all protesters have been peaceful. Aggression and actions to incite fear or intimidation are not peaceful activities. Protesters do not have the right to disrupt traffic, close the road, trespass on private property or disrupt other legal activities. They do not have the right to incite fear in the traveling public, local land owners, workers, first responders, or law enforcement.”

Additionally, camps south of the Cannon Ball River will soon be granted a temporary Special Use Permit, which requires a USD 100,000 performance bond, and USD 5,000,000 in insurance, Kirchmeier said. If the Standing Rock Sioux Tribe signs the permit, the U.S. Army Corps of Engineers will countersign and the permit will be valid for 30 days.

Winter is coming, and all chiefs are preparing. One is doubling down on arrests and following the law. The other chief is also using legal maneuvers, and an indomitable spirit Native Americans have not seen since the Battle of the Greasy Grass, 140 years ago. The third chief, perhaps, is grinding his teeth in frustration at the setbacks.

“We have a connection to Mother Earth,” Archambault said. “And it goes to the center of the earth and goes up to into the universe. We are still here, and the reason why we are here is because of our prayers.

“It is all good.”

Activists from South America posing at Big Camp, near Cannon Ball, ND - photo by C.S. Hagen

Activists from South America posing at Big Camp, near Cannon Ball, ND – photo by C.S. Hagen

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