Tag: Bismarck

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.” 

Federal Loophole In Medical Marijuana Laws, Police Target Bismarck Stores

By C.S. Hagen
BISMARCK – Before the legal ink dried on North Dakota’s medical marijuana laws, Bismarck Police inspected two health food stores in the state’s capital city Thursday, looking for hemp derivatives.

Police targeted the stores selling products containing Cannabinol, or CBD hemp oil, a chemical compound found in the cannabis plant that contains less than 0.3 percent THC levels, and is known for its efficaciousness as an anti-inflammatory, antidepressant, and antioxidant, among other uses.

CBD hemp oil is illegal in North Dakota and has been since 1903, Howard C. Anderson, the chief compliance officer for the North Dakota Board of Pharmacy, said. Despite what other media sources have reported, most people in the state were under the assumption that because CBD had a THC level less than 0.3, it fell under industrial hemp regulations and was permitted to be sold, Anderson said.

“That’s why they thought they could have a die-all with 0.3 percent or less,” Anderson said. “Now they’ve learned that’s not true.”

In December 2016, the Drug Enforcement Agency specified CBD oil as a Schedule 1 drug, on the same level as marijuana, heroin, and cocaine.

“They didn’t really change anything, they just interpreted it to make it more clear,” Anderson said. “It’s always been an illegal substance.”

Terry’s Health Products – from Facebook page

Terry’s Health Products and BisMan Community Food Co-op were the stores targeted, according to Buschena. Both stores were mentioned in a television report pertaining to the recent rise in CBD product sales by MyNDNow on May 2.

“Of course if you are going to sell an illegal substance, you probably shouldn’t advertise it on TV,” Anderson said. “I understand they were selling it for a while, and that they thought it was okay.”

“We got a report from the attorney general’s office that there were maybe two business in Bismarck selling CBD products, Bismarck Police Sgt. Mark Buschena said. “This was not a raid. We sent officers to these businesses, identified themselves as police officers, bought the products from the shelf, and then they were sent for testing.”

The tests came back positive for CBD, negative for THC, Terry’s Health Products owner Lonna Zacher said. Her telephone has been ringing off the hook from concerned patrons; social media has “exploded” with indignation, she said.

“I am pulling it away from my shelves because I don’t want to spend 20 years in jail away from my daughter,” Zacher said. “Can’t see it. Hemp-based CBD oil, which is something I don’t even know if you drank 50 bottles of it if you would get high.

“It’s super disappointing.”

“Results from the products purchased by the officers came back today,” the Bismarck Police Department said in a press release. “One of two items purchased at Terry’s Health Products came back positive for Cannabinol.  All three items purchased at the Food Co-op came back positive for Cannabinol. Since being informed of the lab results both stores have willingly turned over all Cannabinol products to the Bismarck Police Department for disposal.”

No charges will be pursued at this time, Pat Renz, crime prevention and community services officer for the Bismarck Police Department, reported.

Public knowledge pertaining to the illegality of CBD hemp oil in North Dakota was lacking, as every online medical directory checked reported that CBD is legal to purchase and to use for adults in North Dakota.

Bushcena said news reports have blown the situation out of proportion, however, the U.S. News & World Report said in early May that a $1.1 trillion error in a spending bill approved by Congress could deprive North Dakotans with protections against federal anti-drug agents and prosecutors.

In other words, North Dakota was one of two states not included in a list denying federal government intervention with its medical marijuana programs.

Former United States Attorney for the District of North Dakota Timothy Purdon said the omission is a possible loophole the federal government could exploit.

Bis-Man Community Food Co-op – from Facebook page

“Other states have legalized medical cannabis laws and have legal protections under law,” Purdon said. He is currently a partner with Robins Kaplan LLP in Bismarck. “North Dakota doesn’t have that protection at this point, and that just creates more confusion. It’s an additional challenge for folks looking for medical cannabis to help ease the pain of their loved ones.”

North Dakota is one of 13 states that has commercial industrial hemp programs, according to legal directory KightLaw. Laws pertaining to hemp products are two-pronged whereas the state may have legalized medical marijuana or hemp products, but the federal government has not, and may actively hunt distributors or users.

Since 2014, federal spending bills have banned the Justice Department from going after state legal marijuana programs through a shield known as the Rohrabacher-Farr amendment. The Obama Administration also issued the Cole Memo in 2013, which empowers states to regulate their own cannabis laws.

Recently, however, U.S. Attorney General Jeff Sessions has declared that he wants to bring back the war on drugs — all drugs, which would mean he would pit himself and the Department of Justice, the Drug Enforcement Agency, and other drug-enforcement agencies, against more than half of the nation.

“For unknown reasons, medical pot programs in North Dakota and Indiana were not listed as being off-limits to federal enforcement in the bill, which was negotiated by congressional leaders before being presented for floor votes,” the U.S. News & World Report said.

“As a matter of fact, medical cannabis remains illegal under federal law, and the US congress has given protection to some states, but it does appear to put this industry in a vulnerable position,” Purdon said.

“It doesn’t mean Department of Justice will take advantage of that, but we just don’t know.”

Senator John Hoeven R-ND, who is on the Senate Appropriations Committee, which is responsible for including North Dakota on the federal list, said North Dakota was not included because medical marijuana will not become available for another 12 to 18 months. 

“The provision is included in the Commerce, Justice, Science (CJS) funding bill, which was drafted and approved by the CJS appropriations subcommittee in April 2016, prior to North Dakota’s approval of medical marijuana usage,” Hoeven said. 

“In the meantime, we will ensure the list is updated in the FY18 bill, so the state should be included before North Dakota’s program is up and running.” 

The North Dakota Health Bureau referred questions to Jack McDonald, attorney for North Dakota Newspaper Association & North Dakota Broadcaster’s Association, who said that CBD oil was on the menu as a replacement for marijuana during the latest legislative session. 

“For a long time it was one of the big issues of contention,” McDonald said. “It was only going to be that oil for a long time.”

In the future, people will be allowed to produce and sell CBD products, but they must be licensed, he said. “We will have to have strict regulations on how and where they do that. I have never heard before that it was legal.” 

“We watch these laws very close and if indeed this became a Schedule 1 drug we were completely unaware of it,” Zacher  said. “We have carried this product for 3 years without issue. Hundreds of reputable companies carry these products. Hemp based CBD oil is an amazing dietary supplement with an endless amount of health benefits.”

“If test results with no CBD in them, then it’s business as usual,” Bushcena said. “If they are, then we will notify the stores as such.”

If stores owners are convicted, the maximum penalty is up to 20 years imprisonment and a fine of up to $70,000, according to the North Dakota Century Code.

Zacher plans to fight to get CBD products legally back on her shelves, just as the original owner, Terry Hagen, fought federal regulations in the 1980s, she said. Law firms such as Hoban Law Group, who is representing the Hemp Industries Association, Centuria Natural Foods, RNH Holding LLC, reached out to Zacher telling her they are suing the Drug Enforcement Agency after it announced CBD as a marijuana-based drug instead of a hemp-based oil.

 

No DAPL Movement Switches Gears, Locals Accost Activists in Bismarck

Standing Rock Chairman says ‘time to go home,’ Bismarck Police investigate altercation

By C.S. Hagen 
CANNONBALL – Blizzards and biting Arctic winds are all in a winter day’s work for most North Dakotans, but to the unprepared the cold can become a struggle between life and death. Due in part to winter conditions this week the chairman of the Standing Rock Sioux Tribe has asked everyone at Oceti Sakowin to go home.

The main road into the camps against the Dakota Access Pipeline has been blocked for weeks, forcing travellers to the area down a longer, winding road. The Backwater Bridge, not more than a spear’s throw from the camps, has become a militarized zone complete with cement impediments, razor wire, and armed police.

“We have no need for water protectors and anyone to put themselves in unsafe environments,” Chairman Dave Archambault II said. “It’s time now, it’s time to go home. It doesn’t do us any good to live in an unsafe environment. It’s okay to go home. If it’s needed in the future, you’re welcome to come back.”

Horse riders in the snow outside Oceti Sakowin - photo by C.S. Hagen

Oceti Sakowin – photo by C.S. Hagen

Additionally, Archambault believes Energy Transfer Partners, the parent company of Dakota Access Pipeline, will not endanger the company’s situation by breaking the law and drilling without an easement across the Missouri River.

“We have a winter storm, we have cold weather coming. If they violate that easement it’s going to threaten all the investors’ monies.”

Archambault is grateful for the help it has received against the Dakota Access Pipeline, but said the US Army Corps of Engineers’ decision to deny easement, citing that a full environmental impact assessment was needed, cannot be overturned overnight, even if it is President-elect Donald Trump’s top priority, Archambault said. His current job is to convince state and national leadership that the Army Corps’ decision was the right decision, he said.

“If they do drill, which I don’t think they will, they don’t have an easement. What they will do is try to drill right up to that easement just to get a reaction out of water protectors, because a decision was made by the Corps of Engineers, and it was the right decision. They’re trying to convince everyone that this is a wrong decision, and the only way they can do that is if we do something, if we try to commit a crime, like hurt somebody, hurt law enforcement, take over a pad. When we do something like that, it’s an illegal act.”

The Indigenous Environmental Network said they support the chairman’s wishes, but recognize the fight is far from over.

“We are not abandoning our relatives here in Standing Roc,” the Indigenous Environmental Network said in a press release. “In fact, it is escalating and the stakes are even higher. We are stronger than ever, filled with even more hope and more prayer, and no matter who is in the White House, we will continue to follow our original instructions as Indigenous Peoples to defend land and to protect water.”

Horse riders in the snow outside Oceti Sakowin - photo by C.S. Hagen

Horse riders in the snow outside Oceti Sakowin – photo by C.S. Hagen

Not everyone agrees with the chairman.

Attorney Chase Iron Eyes, who ran for congress this year, and has recently become more active in the movement against the Dakota Access Pipeline, said people who are capable of withstanding the elements should stay.

“Some people are standing down, packing up, leaving, calling the easement denial a victory while DAPL moved to force the court to allow it to drill,” Iron Eyes said. DAPL owners, which include Energy Transfer Partners, have filed a suit in federal court to force the Army Corps to approve the easement. The hearing is scheduled for Friday.

“The roadblock is still up, militarized presence by DAPL ongoing,” Iron Eyes said. “It’s never been easy. I get it. Be safe, those who are infirm go home, but the reality is thousands are staying and they’re here sacrificing for us because DAPL won’t stand down. They need our courage right now, not our doubt. We help when it gets tough, we don’t run.”

Iron Eyes didn’t fault Archambault for petitioning everyone to go home. “You must remember the chairman is concerned about protectors’ safety. He is the chairman and he’s looking out for all elderly, disabled, children, and others in the camp.”

Tipi at Oceti Sakowin, surrounded by hay bales, tipis are far warmer than tents - photo by C.S. Hagen

Tipi at Oceti Sakowin, surrounded by hay bales, tipis are far warmer than tents – photo by C.S. Hagen

A Bismarck altercation

A native person going by the name of Shiyé Bidzííl on Facebook was ambushed on Wednesday by two people thought by some to be police officers while at the Ramada Inn. A man in a skull mask approached the vehicle Bidzííl was in, warning them to go home.

“Take your protesting asses back home,” the man said in the video. “All you mother f*cking protesters go home. Us North Dakota people are going to f*ck you up, every f*cking one of you.

“We know who you are too. We follow you too. We f*ck your wives at home, we hope you like it. Go ahead. Threaten us. Keep it up. You threaten our people?”

“This is for real sh*t guys, this is not f*cking joking around sh*t. They blocked us in,” Bidzííl said in the video.

Man in skull mask

Man in skull mask

A man he identified as Chris trapped them and refused to let them go, Bidzííl said. Not until bystanders interfered did the two masked men leave. In his video reports Bidzííl said he plans on going to Bismarck to press charges against the people involved.

“What I’m going to do is going to tell the story about what I was doing up there by myself,” Bidzííl said. “I wanted to document what was going on with all of us indigenous people.”

He had difficulty getting a room during the latest blizzard because of his appearance, Bidzííl said.

Accomplice

Accomplice

“When we were up there for three days stuck in the blizzard, we couldn’t get a room,” Bidzííl said. Hotel management said they had no rooms, but he had heard from others that they did have vacancies. “I asked this lady is there a room, and she said no. I asked her was it because we had fatigues on like this? She kinda looked at us all scared, and I realized that how I looked at those guys walking toward our vehicle, in her eyes that is how she thought of us.

“She didn’t have to think like that, but that’s how much fear is running around Bismarck right now, and racism, that stuff is all real.”

The Bismarck Police Department is investigating the case as an altercation, according to a Bismarck Police Department press release. A bystander also filming the incident was threatened along with two other victims. One of the victims involved was followed around town.

“The suspects in this case have been identified and are actively being investigated,” the press release stated. “There have been several rumors circulating that the suspects were police officers. This has been determined to be false.”

Police are also trying to re-contact the victims, and are asking for help in putting the victims in touch with police.

Shortly after the incident, the international network of activists and hacktivists Anonymous released a warning to Morton County Sheriff’s Department saying “Operation Morton” is now engaged.

“Your acts of violence, threats, and torture upon the protestors and water protectors of the North Dakota pipeline have gone too far,” Anonymous stated. “The two officers who threatened the protesters in the parking lot now have 48 hours to turn themselves in, or we will expose all their information publicly.”

License plates of vehicles involved were identified, Anonymous said. They also demanded that officers involved in hurting activists with tear gas, pepper spray, concussion grenades, and water cannons be held responsible.

Lieutenant Governor Drew Wrigley said to the Fargo City Commissioners on Monday that reports of activists injured by law enforcement have not been substantiated. Excessive use of force by law enforcement is only commentary by social media, Wrigley said.

 

Road conditions

North Dakota Department of Transportation Public Information Officer Jamie Olson said Highway 6, the only main road leading into Standing Rock, is mostly cleared, but high winds are forcing snow back onto the roadways in some areas.

“There’s certainly an improvement over the last couple of days,” Olson said. “They’re all drivable, but there’s still going to be some areas where there will be snow and ice. It’s not a perfect road.” She advised to slow down, don’t use cruise control, and be alert. Road conditions can be found on a travel information map at www.dot.nd.gov.

 

Clergy Arrested for Defending Standing Rock

One Native American picked from crowd for arrest, four clergy while in prayer handcuffed on Governor’s front lawn

By C.S. Hagen
BISMARCK – Nineteen clergy and activists were arrested Thursday evening in the Peace Garden State’s capital; 17 were sent to jail.

Activists said it was “just another day at Standing Rock.”

Fourteen clergy arrested at North Dakota Capitol, four more at Governor's Mansion - Facebook photograph

Fourteen clergy arrested at North Dakota Capitol, four more at Governor’s Mansion – Facebook photograph taken in Toronto TD Bank Building

The arrests occurred in Bismarck, 45 miles away from Oceti Sakowin, the Seven Council Fires camp near Standing Rock Sioux Reservation, at the Capitol Building, and at Governor Jack Dalrymple’s mansion.

Earlier in the day, more than 500 clergy from 20 denominations including Christians, Muslims, Buddhists, and Jews, gathered at Oceti Sakowin to support Standing Rock’s opposition to the 1,172-mile-lone Dakota Access Pipeline. By afternoon, clergy and activists traveled to the Capitol Building, where 14 members of the clergy locked themselves down after being notified the governor was not present.

“Fourteen protesters were arrested inside the North Dakota State Capitol Building,” North Dakota Highway Patrol Lt. Tom Iverson said. “A group of protesters gathered inside the judicial wing entrance, formed a circle, and protested inside the building. They were instructed multiple times to leave and after failing to obey, they were arrested for disorderly conduct and criminal trespass.”

Activist praying near Highway 1806 barricade - photo by C.S. Hagen

Activist praying near Highway 1806 barricade – photo by C.S. Hagen

More than 50 activists and clergy from around the nation then traveled to the governor’s mansion. Four clergy walked across the street, knelt in prayer, and were arrested within minutes, according to videos taken at the scene. One Native American male was pulled from the crowd in a tactical attempt to disperse the crowd.

“A large group of protesters formed near the governor’s residence on the west side of Fourth Street,” Iverson said. “Three protesters walked across the roadway and gathered on the governor’s residence and failed to leave after multiple warnings.”

Four people walked on to the governor’s yard, Iverson later said, and one individual did return to the opposite side of the street.

“It was obvious they were there to be arrested,” Iverson said during a press conference. He went on to say that some of those who exercised passive resistance were childish, and acting with “extreme disgrace.” 

Dalrymple made an appearance, activists reported in videos. Riot police and law enforcement surrounded those gathered, first telling them to stay on the sidewalk, then rescinding the order telling them to walk two blocks away.

A Catholic clergy asked the officer on video why out of a mostly Caucasian group standing opposite Dalrymple’s house, one Native American was singled out for arrest. The crowd began pleading with the officer to release the Native American arrested, and agreed to disperse if the individual was released.

“You guys assembled here,” said a law enforcement officer who did not give his badge number and was not wearing a visible nametag. “I want to protect your freedom of First Amendment, but I also got to protect everyone else’s freedom, but when people walked across the roadway and traffic had to be stopped, we have to do something about that.

“So I came over and I told you loudly, this is an unlawful assembly, and you have to disperse,” he said.

The officer in charge of the situation told clergy that he has been involved in protest actions for approximately 15 years. “I’m willing to compromise with you if you guys are going to compromise with me,” the officer said. “Sometimes to get people to disperse, the first person to get arrested, then the rest disperse, because they don’t want to get arrested…

“I’ll release him.”

At the Cantapeta Creek - photo by C.S. Hagen

At Cantapeta Creek – photo by C.S. Hagen

Earlier in the week oil was spilled on the Capitol Building’s front entrance, and a No DAPL sign was also left behind, according to Iverson.

Not including the arrests made Thursday, more than 416 people have been taken into custody since August 10 on resisting the Dakota Access Pipeline charges, Morton County Sheriff’s Department reported. More than USD 9 million of taxpayers money has been spent, and more than 1,245 law enforcement officials from four states, 24 counties, and 16 cities have assisted Morton County to defend the pipeline’s activities. In August, Dalrymple also called an emergency state, bringing in the North Dakota National Guard still active at checkpoints.

Clergy inside the Capitol Building rescinded the Doctrine of Discovery, and voiced apologies for hundreds of years of atrocities committed on behalf of organized religion, according to Native News Online. The Doctrine of Discovery, a claim to European legitimacy over indigenous lands, was a practice used by explorers and was a major influence in Manifest Destiny, a federal policy of taking land from Native Americans.

A rumor is circulating online that two law enforcement officers have turned in their badges after witnessing how prisoners were treated. This report remains to be verified.

Additionally, on Thursday, approximately 200 people gathered in Texas to demand the removal of Energy Transfer Partners CEO and oil tycoon Kelcy Warren from the Texas Parks & Wildlife Commission. No arrests were made. Warren was appointed commissioner for the Texas Parks & Wildlife Commission by Governor Greg Abbott in 2015. Warren recently contributed USD 455,000 to Abbott’s campaign, according to Vote Smart.

Texas demonstrators in Austin, Texas - photo provided by Texas Sierra Club November 3, 2016

Texas demonstrators in Austin, Texas – photo provided by Lone Star Chapter of the Sierra Club November 3, 2016

Warren has also supported North Dakota politicians, and on Thursday was accused in a Texas Parks & Wildlife Commission meeting of disrespecting Native Americans by putting profits ahead of people, according to the Lone Star Chapter of the Sierra Club, an a national environmental advocacy organization.

Warren stated during the meeting that he didn’t believe he was digging up sacred sites along the Dakota Access Pipeline route, and that if he was, it would be “bad,” but he also agreed to meet with representatives of the Society of Native Nations over the issue, according to the Sierra Club.

On Wednesday, the Morton County Sheriff’s Department placed blame on the U.S. Army Corps of Engineers for the day’s events at Cantapeta Creek, when dozens of activists were pepper sprayed while in the frigid creek waters. Native Americans and one journalist were also hit by rubber bullets after law enforcement destroyed a bridge activists erected crossing the creek.

“The U.S. Army Corps of Engineers requested the Morton County Sheriff’s Department to assist them in removing any trespassers who enter Corps land to the north of the main camp area,” Morton County Sheriff’s Department reported in a press release.

“As you are aware, this area is the location where the Dakota Access Pipeline (DAPL) project has proposed to pace the pipeline under the Missouri River via horizontal directional drilling,” U.S. Army Corps of Engineers Colonel John Henderson said in a letter to Morton County Sheriff Kyle Kirchmeier.

“The Corps of Engineers has not provided any permits or permissions for anyone to access that area of the federal property that we manage. It is an area that has not been opened for use by the public for recreational or camping purposes. As such, the Corps of Engineers would consider these individual to be trespassers.”

In the meantime, President Obama has decided his administration will wait and see how the situation at Standing Rock unfolds, but made mention that the pipeline may have to reroute.

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