Tag: Bakken oil

“Go Home”

City leaders, law enforcement, state residents have had enough; Standing Rock and supporters say they’re already home

By C.S. Hagen
BISMARCK
– The day before President Obama pardoned the Thanksgiving Turkey, Peace Garden State leaders told Standing Rock and the tribe’s supporters that North Dakota has had enough.

“It’s time for them to go home,” Bismarck Mayor Mike Seminary said to the activists camped outside of Standing Rock. “I thank the visitors for coming, making their message known. It’s loud and clear… It has been profound, and we understand. No more productive messaging can really be done, you’ve said everything that needs to be said…

“It’s now time for them to go home.”

Seminary added that law enforcement involved in the DAPL controversy was doing an “incredible job,” and thanked those that make the city of Bismarck run.

“I hope all of you have a wonderful Thanksgiving holiday,” Seminary said. “God bless you.”

Those camped out at Oceti Sakowin are frightened. Many come from across the nation to protect the Missouri River against the USD 3.8 billion Dakota Access Pipeline. Arrests are mounting, totaling 528 by Wednesday afternoon. Local anger against Standing Rock and its stance against the pipeline is spilling into metropolitan streets as pro-DAPL protesters gather wherever activists go. The capitol building has been repeatedly shut down. Roads have been closed. Alerts follow activists’ movements on resident cell phones.

Activists say they’re being harassed. Law enforcement say they’re experiencing “doxing,” a practice of identifying and releasing police identities to the public.

Law enforcement reported they felt threatened Sunday night, standing behind cement blocks and multiple rolls of razor wire, and were forced to use water cannons and hoses on activists. Supporters of Standing Rock said they were gathered in prayer, that they started no fires except for those made to keep warm.

Anger is rising across the area, fierce and cold as the north winter wind. Despite tribal elders call for peaceful demonstration and civil disobedience, violence is escalating.

 

Kicked out

Monday night, Cass County Sheriff Paul Laney and Mandan Police Chief Jason Ziegler called activists Liz George, 26, and Kana Newell, 23, over to their table while they were eating at the Chinese restaurant Rice Bowl, according to George.

After a brief conversation, both Laney and Ziegler ordered the two women out of the restaurant, and threatened to arrest them both for disorderly conduct, according to video footage.

Liz George

Liz George

George wasn’t worried when she approached the two police chiefs, she said. “We thought we’d say hi, show them that we are peaceful and not the image they have and then leave,” George said. “But they also called out to us on our way out so it would have been rude for me to just ignore and walk out.”

George’s ancestry is from India, and she is from Michigan, and Newell is from Japan. They’re proud women of color, and have become friends at Oceti Sakowin, frequently going on actions together. They both were on the front lines Sunday night when law enforcement turned water cannons on the activists in sub-freezing temperatures.

Newell was hit by the water, and by a percussion grenade, which exploded in the air above her, knocking her to the ground. Both breathed in CS gas, and Newell is still coughing.

“I didn’t think so much about the water, all I thought about was holding up this line,” Newell said. “We had to hold that line to protect the people behind us.” Eventually, the cold numbed her fingers and toes; her hair froze. Friends had to help her change out of her clothes.

Kana Newell

Kana Newell

And then she returned to the front line.

The next night, Newell and George traveled into Mandan to eat Chinese food.

“We didn’t go into that restaurant to pick a fight,” Newell said. “We went in to have a meal, and heal and laugh a little bit.”

Laney called out to them as they were leaving, George said, and he was friendly, at first. His tone changed quickly. Two gentlemen at a nearby table were called over to join the conversation, but the two women could not talk above Laney’s voice, George said.

“He was trying to make an example out of us,” George said. “I think the reason we were mistreated was because, yes, we are women of color, but also because of the Water is Life badge. And that made me think, yes, I can take that badge off, but native men and black men cannot ever take theirs off.”

“If we had not worn that badge we probably would not have been targeted,” Newell said. “It’s a lot to process.”

Neither woman had experienced police intimidation before coming to Standing Rock, they said. Now, it’s difficult to sleep. George jumps whenever she hears a loud noise. She pulls out her cell phone as protocol when police approach.

“It’s an unjust use of power, and the law sort of allows it,” Newell said. “What does disorderly conduct really mean? The police get to decide, and that leaves us powerless.”

Both women are frightened, and they’re not going to wear their Water is Life badges when going into town in the future. On Wednesday, during an action in Bismarck, different police confronted the two women when the vehicle they were riding in failed to properly signal a right turn.

George was sitting in the back seat and took her seat belt off after the car was put in park, she said. Officers then threatened to arrest her for failure to wear a seatbelt, she said.

“They’re basically intimidating us, they’re forcing me to give them my ID, which I didn’t want to give to him,” George said. “I asked them to bring a couple more officers over. We’re surrounded by cops, and they are indiscriminately pulling people over for nothing, and basically fabricating charges.”

North Dakota’s seat belt laws say that all front seat occupants must be buckled up; anyone younger than 18 must be properly restrained no matter where they sit, according to the North Dakota Highway Patrol, but the law states no requirement for those older than 18 in the backseat.

“They’re using pure intimidation tactics on us,” Newell said. She sat in the backseat of the car with George.

“It’s only against us,” George said. “There are a lot of pro DAPL protesters out here, and none of them are affected by anything. This is the second day in a row that we’ve been harassed and intimidated by police in Bismarck and Mandan. I’m just kind of shaken up; it’s the second time this has happened to us. It’s ridiculous, but it’s almost funny what they’re doing out here. The charges they’re putting against us are humorous because of how false there are.”

“We know our rights,” Newell said.

An officer returned and issued three citations: failure to use proper turn signal, failure to use seatbelts, and failure to have a clean license plate. Fines for the citations totaled USD 60.

Case County Sheriff Paul Laney

Case County Sheriff Paul Laney

Laney is a Cass County hero, according to his police biography. Originally from rural Cass County, near Horace, he served four years in the Marine Corps before becoming a Fargo police officer. He served as a lieutenant and commander of the Red River Valley SWAT Team, and was sworn in as Cass County Sheriff in 2007. He is president of the North Dakota Sheriff’s and Deputies Association, serves on the board of directors for the North Dakota Association of Counties. Laney is decorated, heavily, including the 2011 winner of the “Government Leader of the Year” award and in 2012 the “National Sheriff of the Year” award.

He has also been serving as Morton County Sheriff’s Department operations chief since mid August.

Mandan Police Chief Jason Ziegler

Mandan Police Chief Jason Ziegler

Ziegler is not from North Dakota, but is also a former Marine who served during the Gulf War. While in the Marine Corps he earned the rank of a corporal, and later became a lieutenant in the Osceola County Sheriff’s Office in Florida He was named Mandan’s police chief in 2015.

Both Laney and Ziegler, their offices, the departments’ public information officers were contacted for comment.

“This is the absolute first I’ve ever heard of this,” Cass County Sheriff’s Office Public Information Officer Kim Briggeman said.

“There’s another underlying story here and it goes further than the racism,” Tom Asbridge, a Morton County resident said. “If the two ladies at the Rice Bowl in Mandan were doing something out of line, then that’s a whole different thing, but there is no evidence of that. There is evidence that those two cops were abusive. Don’t you think it would have been much more prudent and wise to make friends of them and try to smile and say ‘hey, what can we do?’ Then it puts the onus on the two ladies. We don’t need to have people on police force acting like jerks.”

Asbridge ran for representative of District 30 this year, but lost, as he feels his viewpoints on issues including DAPL are in the minority in the Peace Garden State. He grew up near the Standing Rock Sioux reservation, knows the area well, including Backwater Bridge, which authorities have deemed unsafe.

“Its subhuman, and there’s some profit motive going on, because there’s some other corruption beneath this, and nobody will touch it. It seems to me that if someone would lance this boil… I think there would be an element of goodness here in North Dakota that would just say ‘No, we don’t believe in this, we won’t put up with this kind of treatment by the people who are working for us.’

“But if there’s no story, if there’s no journalism here to report this, it will remain secret.”

Asbridge has been an “advocate for justice” for many years, he said, and he fears for Standing Rock.

“I think there is way more baiting by Morton County to induce bad stuff than one can imagine. Things don’t quite add up.”

Police spraying mace - photo by Liz George

Police spraying mace – photo by Liz George

Punishing Standing Rock

Asbridge says he calls Morton County Sheriff Kyle Kirchmeier’s bluff that Backwater Bridge, the epicenter of much of the recent violence, is unsafe.

Tom Asbridge

Tom Asbridge

“That’s a really great concrete bridge and it’s not very old. You’re not going to hurt that bridge by burning a few tires, some trash and logs on the bridge. They made that up. If it is unsafe why hasn’t the Department of Transportation been there with some people observing them? I would want to cover my proverbial butt; the bridge is not unsafe… I think it contains the natives where they are.”

Kirchmeier disagrees.

“North Dakota Department of Transportation has closed the Backwater Bridge due to damage caused after protesters set numerous fires on the bridge October 27,” Morton County Sheriff’s Department reported. Department of Transportation cannot inspect the bridge until law enforcement knows the area is safe, Kirchmeier said in a press conference.

Additionally, the best way to “punish Standing Rock is to shut down their economy,” Asbridge said. Shutting down Highway 1806 is putting the financial clamp on the tribe’s casino, Prairie Knights. “That’s their big source of revenue, and they’ve accomplished that.”

Once again, Morton County officials disagree. Shutting down Highway 1806, effectively turning Backwater Bridge into a war zone, was to protect against confrontations between activists and DAPL workers, Morton County Sheriff’s Department reported.

“This is some sophisticated people that are maneuvering, and manipulating, there are strings coming from higher up, and I think the governor is being manipulated by those same strings,” Asbridge said.

If someone challenged Governor Jack Dalrymple’s emergency declaration in court, Asbridge believes they would win. “There is no emergency. The linchpin was the use of the emergency, the use of the National Guard, the excessive use of the police, the law enforcement from all over the country. This is a feeding frenzy. This isn’t healthy to have a militarized police force doing this.”

Asbridge calls for federal intervention, because the state is biased.

“Take it out of the hands of the local people who are obviously biased and settle this dispute.”

In the meantime, Standing Rock and supporters have the right to be upset, Asbridge said. When the pipeline’s route was moved north of Bismarck to its current location less than a mile away from Standing Rock Sioux reservation, it was the spark that lit the native fire that has gathered thousands of supporters and more than 400 tribes from around the world.

“This is the eruption of 500 years of abuse, and they’ve finally taken a stand and said this is it. Whether they’re right in everything or not, I’m not sure it is as important. If you check, not one treaty with Standing Rock has ever been kept. Not one. And as a white American, that’s shameful.

“I don’t anticipate that this is not going to come to a very good end. The natives have lost the public sentiment. The media and the police have done such a good job of spreading disinformation, they’re very organized, and they’re good at it. And that’s too bad.”

Activist on the front lines - photo by Liz George

Activist on the front lines – photo by Liz George

The pipeline

Asbridge stood with attorney Chase Iron Eyes and others in Bismarck in September before elections to make a plea to move the pipeline, and create an oil refinery west of Mandan. Bakken oil, utilizing a public utility – which is what the Dakota Access Pipeline is supposed to be – must benefit the American people, and not line the deep pockets of an out-of-state company and executives.

“We should discuss whether one drop of that oil will be burned in the United States,” Asbridge said. “It’s all for export. If this was about American energy independence, I would be on the side of the pipeline. But it’s not. It actually makes us more dependent on Saudi oil, and causes more bloodshed by Americans to protect Saudi oil. Our sons and daughters are going to war over there, and we’re going to ship that oil to China. That’s bad policy.”

The necessity of the pipeline is a moot point; local railroad companies can ship all the oil coming out of the Bakken, Asbridge said.

The Dakota Access Pipeline is 1,172 miles long, and is supposed to finish before the end of 2016, according to Energy Transfer Partners CEO Kelcy Warren. The drill pad to cross the Missouri River at Lake Oahe is ready; horizontal drilling equipment has been brought in, but the company lacks the easement it needs from the U.S. Army Corps of Engineers.

Dakota Access LLC is the subsidiary of Energy Transfer Partners, which combined with Sunoco Logistics Partners on Monday. Energy Transfer Equity controls both companies, according to media outlet Fortune.

On Wednesday, the North Dakota Industrial Commission called for better monitoring and higher standards of pipelines that cross major bodies of waters after nearly 3 million gallons of brine spilled north of Williston. A newly-introduced Senate bill also states that the legislative management must consider studying technology that may be used on pipelines to detect or prevent leaks.

While the state legislature decides on a bill that may prove too little too late, George and Newell worry that law enforcement may sometime soon use live ammunition against activists.

“We’re scared for our people,” Newell said. She recently obtained a bachelors degree in zoology and marine science. “We don’t know what’s going to happen, this is just us processing all this.”

“I can’t even imagine what it is like to be an indigenous person in this community, regardless to what happens with the pipeline,” George said. “All we’ve heard in camp is the message of peace, and non-violence. It feels like home.”

Front line Sunday night - photo by Liz George

Front line Sunday night – photo by Liz George

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

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