Tag: Morton County

Infiltrated: No-DAPL activist hoodwinked by paid FBI informant, defense says

January 11, 2018 / / 1 Comment

A web of informants, lies, and seduction led to Red Fawn Fallis’s arrest; defense files motions to compel discovery while motions for continuance denied in federal court

By C.S. Hagen
FARGO – Events leading up to the arrest of one of the Dakota Access Pipeline’s most prominent defendants played out like a game of bughouse chess. Little did an isolated pawn, Red Fawn Fallis, know of an apparent trap set for her near Standing Rock on October 27, 2016, the day police took over the northern 1851 Treaty Camp, according to her defense attorneys.

Red Fawn Fallis – online sources

The state’s side, heavily armed, bolstered by a governor’s emergency declaration and taxpayers dollars, were short on time; the pipeline had a schedule to keep. Law enforcement targeted potential leaders of the pipeline resistance. Early morning meetings began every Tuesday “so that battle rhythm should be protected with our state team,” according to emails from the Office of the Governor of North Dakota Communications Director Mike Nowatzki.

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

Before Energy Transfer Partners hired the international private security firm TigerSwan, local law enforcement repeatedly retreated from the front lines. Pressure from politicians financially supported by big oil lobbyists mounted, and the state requested federal help.

After TigerSwan’s arrival, however, the tempo shifted, and the Federal Bureau of Investigation sent one known infiltrator into the camps.

Heath Harmon – Facebook post

The infiltrator, Heath Harmon, a 46-year-old Fort Berthold Reservation member, befriended and seduced Fallis, according to a December 29, 2017 Motion to Compel Discovery filed by defense attorneys. The relationship continued for an unspecified time after Fallis was arrested for allegedly shooting a handgun – a weapon that did not belong to her, but to the infiltrator, who will be paid $40 per day to testify against his former lover on and after January 29, when Fallis’s case goes to trial at Fargo’s Quentin N. Burdick U.S. Courthouse.

Fallis was considered a potential leader by law enforcement in the resistance camps against the Dakota Access Pipeline, according to the defense’s Motion to Compel Discovery, and her identity was placed into a “link chart” prepared by the North Dakota and Local Intelligence Center.

Out of the hundreds that begrudgingly gave way before the law enforcement blitz on the northern Treaty Camp, she was targeted and tackled by a deputy named Thadius Schmit. Two shots rang out, according to affidavits; other video reports state three. One bullet struck the ground near an officer’s knee, and the authorities say a handgun was pried from her hand.

Checkmate, the United States Attorney’s Office for the District of North Dakota is preparing to argue.

Not so fast, Fallis’ defense attorneys say. The 37-year-old Oglala Sioux woman was caught up in a scheme to take her off the playing field, and the prosecution is attempting to prove she was someone who could cause serious disadvantages to DAPL’s agenda.

She was arrested with the informant’s loaded handgun. Fallis’s defense team has asked the federal government for all information related to the informant for nearly a year, but the federal government dallied, waiting months before handing some information over, according to the defense.

Police drone footage still shot of the moment Red Fawn Fallis was tackled – The Intercept files

Due to the lateness of incoming information, Fallis’ defense team also asked four times for a continuance, but was denied.

In the United State’s Response to Defendant’s Motion to Compel Discovery, filed on December 20, 2017, prosecutors believe they have given over enough information, and they were not compelled to turn over surveillance gathered by TigerSwan or other private security firms because “Private security contractors have not participated in the criminal investigation of this matter.”

Defense attorneys fired back with a Defendant’s Reply to Government’s Response to Motion to Compel Discovery.

“The FBI recruited, supervised, and paid a specific informant to infiltrate the camps of protesters near Standing Rock,” the motion, which was compiled by Fallis’s attorneys, Bruce Ellison, Jessie A. Cook, and Molly Armour, stated. “During his employment by the FBI, this particular informant seduced Ms. Fallis and initiated an intimate, albeit duplicitous relationship with her. He spent the majority of the 48-hour period prior to Ms. Fallis’s arrest with her and had access to her and her belongings… He used their romantic relationship to rely upon her as an unwitting source of information for informant activities.”

Harmon regularly reported to the FBI, according to unclassified FBI documents revealed by the defense.

“He was instructed to collect information on potential violence, weapons, and criminal activity. This informant’s work was considered so valuable that his FBI handlers recommended additional compensation for him to be ‘motivated for future tasking.’”

Harmon was ordered to spy on specific people in the camps, but never uncovered plans for violence, including firearms, explosives, or fireworks, and insisted that activists involved in the resistance were nonviolent, according to a defense’s motion.

Harmon, however, may not have been the only infiltrator; he’s simply the only person known by name, so far. Others were embedded in the camps, according to the testimony. Informants gave briefings to law enforcement about what they had witnessed.

Bird’s eye view of Backwater Bridge – photograph by C.S. Hagen

A November 5, 2016 TigerSwan situational report also stated in an executive summary that documents obtained at a resistance camp showed activists were evolving, getting training from within and outside North Dakota, and that Earth First magazines had been discovered, which TigerSwan stated promoted violent activities.

The situational report added that documents obtained at a resistance camp showed activists were evolving, getting training from within and outside North Dakota, and that Earth First magazines had been discovered, which TigerSwan stated promoted violent activities.

From the onset, one of TigerSwan’s goals was to create dissension within the camps, according to emails and information obtained by The Intercept. TigerSwan analysts described a sense of urgency in attempting to obtain information, which was at best difficult, according to a September 22, 2016 informational report from TigerSwan.

“DAPL security workers were present amongst protesters, participated in arrests, and in at least one case, possessed liquid accelerant and a firearm while dressed as a protester,” according to a defense motion. “The identity and reports of other undercover security operatives, possibly including the informant boyfriend, have not been disclosed.”

The defense attorneys maintain that Harmon continued his relationship with Fallis until shortly after her arrest.

“He was present and witnessed her seizure. The ammunition and the firearm she is accused of possessing and discharging following that seizure are the property of the same informant who, admittedly, made a series of false statements regarding his knowledge and involvement in the incident to various law enforcement agencies.”

An activist dowsed with Milk of Magnesia to ward off effects of pepper spray – photograph by C.S. Hagen

“Fishing expedition”
TigerSwan operatives may not be participating in criminal investigations today, but they did work closely and help organize law enforcement responses, according to Cass County Sheriff’s Department information obtained through a Freedom of Information Act request.

The private security firm was also paid to gather information for what would become a “sprawling conspiracy lawsuit accusing environmentalist groups of inciting the anti-pipeline protests in an effort to increase donations,” according to leaked documents and FOIA information obtained by The Intercept.

“Law enforcement agencies certainly communicated with private security agencies during the DAPL protests,” the federal government replied. “However, much of the defendant’s overbroad discovery requests are fishing expeditions.”

The defense argues that videos and documents they have received from the prosecution, namely United States Attorney Christopher C. Myers and Assistant United States Attorney David D. Hagler, are vastly incomplete, and that some videos from body cams and GoPros have had sections deleted or have been tampered with.

Hundreds of videos exist from the months-long controversy, but only one – taken from a distant drone – was taken during Fallis’s arrest, according to prosecutors.

“Due to the high volume of videos on October 27, 2016, law enforcement officials did not create a record of which officer created the particular videos,” the federal government said in their response. “Also, most of the videos do not contain a timestamp reflecting the time they were recorded.

“After, an exhaustive review of all the videos, no law enforcement videos (other than the drone video offered by the United States) has been located that depict the defendant’s conduct preceding the shooting incident.”

Law enforcement began setting up the barricade at Backwater Bridge the day after the Treaty Camp eviction – photograph by C.S. Hagen

The defense responded with another motion nine days later, arguing that all pertinent information from all the agencies, public and private, involved in intelligence gathering should be handed over, as per U.S. Supreme Court precedent under the Brady motion.

A Brady motion is a defendant’s request for evidence concerning a material witness, which is favorable to the defense and to which the defense may be entitled, according to US Legal Definitions. Favorable evidence includes not only evidence that tends to exculpate the accused, but also evidence that may impeach the credibility of a government witness.

“The government acknowledges communication between law enforcement and private security entities, but asserts that DAPL security contractors are not part of the prosecution team, and that the prosecution does not possess records of any private security contractors.

One of the burned out DAPL trucks – photograph by C.S. Hagen

Assuming DAPL security contractors are not members of the prosecution team, the government ignores that many of the requests for DAPL security-related information are in the possession of cooperating law enforcement agents.”

As at the Wounded Knee trials in the 1970s, the federal government has also failed to prove that officers involved were “lawfully engaged in the lawful performance” of their duties, the defense argued.

“Prosecutors have a general duty to learn and disclose evidence known by investigating police officers,” the defense’s motion stated. “The defendant is entitled to argue to the jury that law enforcement’s relationship to illegally operating DAPL security entities rendered their October 27, 2016 operation unlawful, or at the very least, not lawful beyond a reasonable doubt.”

In an October 17, 2016 corporate-sensitive DAPL security report, which includes TigerSwan, the Russell Group of Texas, SRC, Leighton Security Services, and 10Code LLC, all videographers and photographers were to provide “immediate playback to further the LEO [law enforcement officers] investigation.”

“The purpose is to collect evidentiary photographic and video evidence,” the report stated. “Purpose: collect information that is relative and timely to tactical situation on the ground and supports the pipeline effort and supports law enforcement efforts for prosecution of violations of right-of-way and equipment sanctity, as well as any assaults on pipeline personnel.”

As early as September 7, 2016, days after TigerSwan had arrived, Morton County Sheriff Kyle Kirchmeier and Bureau of Criminal Investigation officials received requests from the North Dakota Private Investigation and Security Board (NDPISB) to “investigate possible criminal activity in the form of unlicensed individuals providing security services at the Dakota Access construction site,” the defense argued.

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

In June of last year, the NDPISB sued TigerSwan as the “fusion leader” of private security organizations also named in the civil suit; and the company’s founder, James Reese, for operating illegally in North Dakota.

“The board is in the process of a civil action against TigerSwan, and that I believe is out for service. The board does have civil authority to initiate either administrative actions or civil actions under the Century Code,” Monte Rogneby, attorney for Vogel Law Firm and the NDPISB, said in June. The civil suit is still pending.

TigerSwan was hired by Energy Transfer Partners because the “Dakota Access Pipeline has been halted as a result of active protests against construction of the pipeline,” the NDPISB civil suit against TigerSwan and others stated. “On information and belief, these protests resulted in the hiring of TigerSwan.”

But instead of policing the “criminal operation of TigerSwan and other unlicensed private security entities, law enforcement and the U.S. Attorney’s Office collaborated with TigerSwan,” Fallis’s defense attorneys stated.

Among other investigative and intelligence gathering tactics, “TigerSwan placed or attempted to place undercover private security agents within the protest group to carry out investigative and surveillance activities against these groups on behalf of Energy Transfer Partners and others,” the NDPISB civil suit stated.

In addition, TigerSwan hired Stutsman County Sheriff Chad Kaiser as the DAPL operations local deputy unified commander, according to defense motions.

National security Intelligence Specialist Terry W. Van Horn of the U.S. Attorney’s Office used DAPL security footage to identify people for arrests later, according to the defense’s motion.

“For DAPL criminal investigations, Mr. Van Horn is involved in precisely the type of ‘joint investigation’ and ‘sharing] [of] labor and resources,” the defense argued. “Mr. Van Horn at times directed DAPL-related intelligence gathering by state officials; was a part of a sustained joint investigative effort involving numerous local, state and federal law enforcement agencies; and had ready access to law enforcement-generated materials as well as real-time evidence generated by private security entities.”

DAPL security’s relationship to law enforcement embodies joint activity, the defense argued.

“DAPL security agents assisted with arrests, provided contemporaneous information in the form of live feeds and other intelligence gathered to ‘aid in prosecution,’ received information in return, procured military-grade equipment for October 27, and even employed a sheriff prominent in law enforcement’s DAPL-related command structure…”

When TigerSwan began operations in North Dakota, it first denied its role as a fusion leader on or before September 23, 2016. Later, multiple requests for cooperation and information were mostly ignored, according to the NDPISB civil suit. More than two months after TigerSwan’s arrival, it submitted an application for working in North Dakota, but the application was denied because if failed to provide positive criminal history for its founder, Reese.

In January 2017, TigerSwan’s application was rejected again, but the security firm never stopped working in North Dakota, the NDPISB reported.

“Morton County, BCI, and other law enforcement agencies ignored an explicit request made by the NDPISB to ensure private security operators were operating legally and instead initiated a sustained relationship of collaboration with these illegally-operating security companies,” Fallis’s defense attorneys stated in the Motion to Compel Discovery.  

Under North Dakota law, officers who collaborated with TigerSwan may be accomplices to the misdemeanor violation of unlicensed operation, the defense stated.

Red Fawn Fallis (in back) and her mother (center front) – Facebook

Red Fawn’s arrest
Fallis was assumed guilty by many before the ink dried on her arrest report. She spent a year in jail without bond. Morton County Sheriff’s Department press releases were sent far and wide, with more than 140 reportedly arrested on October 27, 2016. Many pipeline supporters pointed to the incident to ridicule the entire resistance movement outside of the Standing Rock Sioux Reservation, which at one time became the tenth largest community in the state.

An October 28, 2016 affidavit conducted by Special Agent Joseph Arenz of the North Dakota Bureau of Criminal Investigation stated that Pennington County deputies Thaddeus Schmit and Rusty Schmidt were moving activists, known as water protectors, south along Highway 1806, when they identified Fallis as an instigator.

Free Red Fawn banner outside of main entryway to Oceti Sakowin – photograph by C.S. Hagen

“On October 27, 2016 deputies with the Pennington County, South Dakota Sheriff’s Department were in Morton County, North Dakota assisting with law enforcement functions for the Dakota Access Pipeline protest,” the affidavit stated. “An operational plan had been made which was going to consist of law enforcement removing individuals who had set up a camp on private land owned by DAPL, on the east side of Highway 1806 where the pipeline was supposed to be laid.”

When Fallis walked away from the crowd that day, Schmit and Schmidt “took her to the ground” and attempted to flex handcuff her. Lying face down, two heavily armed deputies manhandling her, Schmit heard two quick gunshots,  and Schmidt noticed the ground near his knee “explode,” the affidavit stated.

Schmit then lunged towards Fallis’ left hand and with the help of other officers, pulled the handgun away before handcuffing her.

Standing at five feet three inches tall, and weighing approximately 125 pounds, Fallis would have been an easy tackle for two well-trained sheriff deputies.

Neither deputy saw a gun when they took Fallis to the ground, and believe she was able to retrieve the weapon when Schmit stopped pulling on her left arm, the affidavit stated.

“Once Red Fawn Fallis was in custody, officers found a small amount of what they believed to be marijuana in Red Fawn Fallis’ left and right pants pockets and also metal knuckles in the backpack that Red Fawn Fallis was carrying,” the affidavit stated.

While being transported to the Morton County Detention Center, police said Fallis told them she was trying to pull the gun out of her pocket and was jumped, making the gun go off.

“Red Fawn Fallis also made the statement to Probation and Parole that they are lucky she didn’t shoot ‘all of you f*ckers,’” according to the affidavit.

A Facebook page supporting Fallis called Free Red Fawn stated that Fallis was retreating from the front lines when she was tackled.

“Police reports allege that one of the officers pulled his weapon and placed it against her back,” the post stated. “While she was pinned to the ground, shots were fired. She is accused of firing a weapon. Eyewitness accounts and video show otherwise.”

Originally, Fallis was charged with attempted murder, preventing arrest, carrying a concealed firearm, and possession of marijuana. The charges were dropped by the state a month later, but were moved to federal court. On January 29, Fallis will begin court proceedings charged with engaging in civil disorder, discharging a firearm in relation to a felony crime of violence, possession of a firearm and ammunition by a convicted felon, which if found guilty carries a minimum sentence of 10 years and the potential of life imprisonment.

Law enforcement against activists in water – photograph by C.S. Hagen

Red Fawn
Today, Fallis resides in a halfway house in Fargo. She has access to a mobile phone and can chat online, but heeding caution from her lawyers, refused interview requests.

Fallis, and her supporters, say she is a political prisoner of a war that has lasted more than 500 years.

“The U.S. government is engaged in tactics of lies, and rumor, and paid informants in an attempt to put our sister, daughter, auntie, water protector, and friend in prison,” a post from the Free Red Fawn Facebook page stated.

“But she can’t wait to get her story out,” Cempoali Twenny, an activist who stayed at the Standing Rock camps and is Fallis’ friend said. “They’ve already convicted her, and painted her as someone who is violent. She is a good-hearted person, she’s been in this whole thing for a year now, and she’s been having a hard time, but she’s operating from the truth, and she has nothing to hide.”

While at the camps, Fallis worked primarily as a medic, pulling injured people from the front lines, dowsing faces burning from pepper spray with milk of magnesia, and easing the pain of those hit with rubber bullets.

“People are holding her up as a hero, because she is one of the water protectors that has been targeted, and they’re using her as an excuse to prove to themselves, to make sure something goes through. We don’t want that to happen to her.”

Fallis also worked with youth, as an older sister, Twenny said.

“There were no leaders there, there were never any leaders there,” Twenny said. “Our leader was the water, and the fire that kept us in peace and in harmony.”

Red Fawn Fallis with her mother Troylynn YellowWood – Facebook

Fallis is the daughter of Troylynn YellowWood, an activist who helped block the Columbus Day Parade in Denver, Colorado in 2004, according to the American Indian Genocide Museum. YellowWood was also a member of the American Indian Movement, and in the 1970s gave safe house to Annie Mae Aquash in her Denver home, according to February 2004 testimony in the trial of Arlo Looking Cloud.

YellowWood passed away in June 2016, four months before her daughter was arrested.  

Fallis has a prior record from 14 years ago, and served 30 months of probation in Denver after pleading guilty. She is the only woman and one of six Native Americans facing charges in federal court from the Dakota Access Pipeline controversy, according to the Water Protector Legal Collective. Federal charges against five men stemmed from information obtained by Energy Transfer Partners’ security teams, according to an affidavit filed by ATF Special Agent Derek Hill.

Michael Giron, known as Little Feather, is from the Coastal Band of the Chumash Nation and was raised in Santa Barbara, California. He has been incarcerated without bond since March 9, 2017 on two federal charges of civil disorder and using fire to commit a federal felony offense arising from October 27, 2016. His trial is set for April 10, 2018, in Bismarck. Little Feather faces up to 15 years in prison if proven guilty.

Dion Ortiz, 21, was being held at the Sandoval County Detention Center in New Mexico on federal charges of civil disorder and the use of fire to commit a federal crime. His request to be released to a halfway house was granted on December 7, 2017.

Brennon J. Nastacio, 36, commonly known as “Bravo One,” is a Pueblo Native American, and was indicted on February 8, 2017 for civil disorder and the use of fire to commit a federal crime on October 27, 2016. Nastacio was also charged by the state with felony terrorism after he helped disarm Kyle Thompson, a former employee of Leighton Security Services under the TigerSwan fusion lead. The state’s charges were dropped in July 2017.

Michael “Rattler” Markus, from Pine Ridge Sioux Reservation, is on supervised release after being held for nearly two months at the Heart of America Correction Center in Rugby, North Dakota.

James “Angry Bird” White, 52, a veteran and from the Cheyenne River Sioux Tribe, worked security in the Standing Rock camps. He too faces federal charges and was arrested in January 2017.

On December 4, 2017, Fallis made a public statement on the Red Fawn Facebook page.

“I remember the last time I had the opportunity to go with my Ina (mom) to express our support and solidarity for our Cheyenne relatives whose families were murdered in the Sand Creek Massacre,” Fallis wrote. “We went to the Capitol in downtown Denver and on our way there she reminded me that no matter what we are doing in our own lives, we must always take time and make an effort to go to gatherings like this to show support because no matter how much time has passed, the importance of honoring and remembrance is crucial to the healing process and as Lakota people we must always remember our relatives.”

Her mother was an influence in her life, she stated.

“We all share the same history in one way or another so we must open our hearts in order to love and encourage each other and continue to help each other heal. I added a picture of us at the Capitol that day and even though my Ina was very ill and battling cancer she was there, smiling and offering her heart and love to our relatives who were there to honor the memory of so many who died at the hands of hate, racism, greed, and the American government.

“I am grateful for the lessons and teachings she handed down to myself and so many others because at camp I was able to go to the youth and build a great bond with them as I admired the work they started in a prayerful way to Protect Mni Sosa from the Dakota Access Pipeline and the big oil companies. I love them and my heart feels good when I remember the times we spent and the talks we had. I also remember the strength in their hearts and their prayers and the fire in their eyes, I am thankful for each and every one of them.”

A lone activist starts the day with singing as a building burns (upper right) on the day of eviction from Oceti Sakowin – photograph by C.S. Hagen

 

‘We are here, and are not afraid’

November 21, 2017 / / 2 Comments

The pipeline fighter who nearly lost an arm is still wrestling the FBI

By C.S. Hagen
Sophia Wilansky says she’s lucky she’s right handed. Since nearly losing her left arm from an exploding projectile on Backwater Bridge one year ago, cooking has become a tedious art. She can no longer be involved in circus acrobatics.

Sophia Wilansky self portrait

Daily chores like carrying a purse by its strap, or lifting a grocery bag, aren’t possible. The injuries are permanent; she will carry the scars all her life.

“Makes it harder to do a lot of physical things, can’t even do a downward dog properly in yoga,” Wilansky, 22, said during a video interview. “Everything takes a little more energy, even reading a book, with two hands.”

Was it worth it? Wilansky smiles, hugs her injured arm closer.

“Yes. Definitely,” Wilansky said. “One of the most fulfilling things you can do in life is to act with integrity, for the things you believe in, and make the world the place it’s supposed to be, and once was. It’s fulfilling. It’s worth it from even a personal perspective.”

Since her injury outside of Standing Rock during the Dakota Access Pipeline controversy, agents from the Federal Bureau of Investigation have hounded her.

“We have yet to determine why or what their basis of information was,” Wilansky’s attorney, Lauren Regan said. She is the founder and executive director of the Civil Liberties Defense Center in Oregon. “Since then, they say she blew herself up, accidentally, and that water protectors were responsible for this percussion grenade that hit her in the arm.”

FBI agents also took the shrapnel taken by surgeons from Wilansky’s arm, and Regan will be filing a federal lawsuit called a suit of equity within a week to demand the FBI turn over evidence.

A year has passed since Wilansky’s injury on Backwater Bridge, and Regan admits she’s worried evidence could have been tampered with. But surgeons took pictures of the shrapnel and Wilansky has not been indicted, which is a good sign the government has no case.

“It does seem preposterous with all this time and resources the government has, that they have not had the time to test this fragment,” Regan said.

She’s already filed a notice of claims against the State of North Dakota and law enforcement divisions involved. If the FBI is hiding something, she intends to find out.

“If we determine that the FBI is part of the cover-up, they will be added to lawsuit as well,” Regan said. “She’s endured all these injuries, and surgeries, and prosecution, and yet she is still an incredibly strong woman and still involved in the movement and standing up for what’s right. She is a positive role model for other young people who are struggling and unsure how to contribute.”

One year ago November 21, Wilansky had already been at the Standing Rock camp known as Oceti Sakowin for 17 days. She spent her nights in a tent, in deteriorating winter conditions, and her days with Standing Rock activists, known as water protectors. As a recent college graduate, she had little experience with activism, and a rudimentary awareness of the consequences of colonialism for America’s Indigenous people.

“It was the place to be in 2016,” Wilansky said. “But I already had an interest in fighting pipelines, and I had an intellectual interest in decolonization.”

Before standing against the Dakota Access Pipeline, she first became involved against Kinder Morgan’s Northeast Energy Direct in her home state of New York, which piqued her curiosity about climate change.

“Honestly, it’s cliché, but I went on a climate march in 2014, and so I think that helped awaken the dormant necessity of relating everything to climate change, because it’s so urgent.”

Life without fossil fuels is nearly impossible, she said, but she’s trying to lessen her carbon footprint by driving in an altered van that runs on used free vegetable oil from fast food chains.

“That’s still not going to solve the problem,” Wilansky said. “Ultimately I want to live in an eco-village, where you don’t have to live with the guilt of ecological destruction, and focus more on eco-revitalization.”

Sophia Wilansky near the Standing Rock Sioux Reservation in North Dakota this summer – photograph by Jacob Crawford

Early evening: September 20, 2016
Wilansky stood with hundreds of activists against a brightly lit blockade at Backwater Bridge, north of the Standing Rock Sioux Tribe Reservation. Coils of razor wire sparkled, icicles quickly forming from water cannons blasted into the crowds.

Two burned-out DAPL trucks formed a V in front of massive cement blocks. The water cannons came from fire trucks, and behind each door and jutting from military vehicle turrets stood sharpshooters with less lethal rounds.

Strangely, the plastic bin lid she used as a shield worked well against the water cannons, but did little to stop the rubber bullets. Earlier in the evening she was hit twice, once in the groin, and once in the chest. The upper portion of her left arm still bears the scar from where another rubber bullet broke the skin. Her clothes were soaked, and when she got too cold, she warmed up around fires out of the water cannons’ range.

“It wasn’t really bad, it took me a while to figure out why they were doing it, and at first we thought it was some kind of chemical they were spraying us with,” Wilansky said. “So many people were letting the water splash over them in an interesting form of defiance. It was really horrible, a human rights violation, but at the same time it was an incredible display of strength, the joy of being in water.

“I think it was a very spiritual action because it just felt like I said, defiance, to this basically military occupation right next to the reservation and next to Oceti. I don’t think that people had any illusions that this action was going to accomplish anything concrete, in the moment, and there were many actions with that same flavor.

“We were just saying ‘We are here, and we are not afraid.’  Just being there and holding that space, at that point in the struggle it was an act of resistance.”

Activist prepares to be hit with water – photo by Rob Wilson Photography

Since 4am, November 21, 2016
The blast knocked her down, hard. Pain was excruciating. At the time, many media outlets reported she lost her arm, and for a time, Wilanksy thought she had.

“In the early morning hours of November 21, 2016, police launched an exploding munition at Wilansky, which tore off most of her arm and left her gravely injured,” a press release from the Civil Liberties Defense Center stated.

The explosion ripped out the radius bone, muscles, nerves, and arteries, leaving her hand hanging by bits of skin. Friends placed her in a car and drove 30 minutes to an ambulance near Prairie Knights Casino. From there she was medevaced to a Minneapolis hospital, where doctors averted amputation.

Moments after she was struck, while waiting for the driver, Wilansky was afraid to look at her arm, and thought only about the medications she would soon receive to ease the pain. She never lost consciousness, and used her good hand to text a friend.

Sophia Wilansky after being injured early November 21, 2016

While at the Minneapolis hospital with her family gathered, “They were besieged by FBI agents who demanded Sohpia’s clothing, medical records, cell phones, and even threatened her doctors.” the Civil Liberties Defense Center press release stated. “Rather than attempt to ascertain which of the many armored police caused Wilansky’s serious injuries, the FBI launched a federal investigation against Wilansky – even issuing a federal grand jury subpoena to the Native American Water Protector who rushed her to medical care.”

Four surgeries later, her radial bone is slowly healing after a large bone graft. The metal plate inside her arm has not shifted, but she has no feeling in the palm side of her hand. Some feeling has returned from her forearm to her wrist, and she is able to wiggle her fingers now. A fifth surgery is scheduled, which will be a tendon transfer so that her thumb may move to touch her pinky finger. Pain, however, is still ever present.

On Monday, the Fargo Forum’s Inforum ran a short editorial by one of their own, Rob Port, who wrote about the “unfortunate profile of NoDAPL activist” in the New York Post.

“It’s all part of an ongoing effort by left wing propagandists to rewrite the history of the NoDAPL protests, particularly as we approach the one-year anniversary this week of their most violent episodes.”

That night, long before a police report could be filed, long before Wilansky had arrived in Minneapolis, police and TigerSwan, the private security company for Energy Transfer Partners, the parent company of Dakota Access LLC, initiated a “False and defamatory media campaign attempting to blame Sophia Wilansky for blowing herself up… including publishing fake photos and other information in the Internet,” the Civil Liberties Defense Center press release said, corroborated by emails obtained by The Intercept:

Ninety minutes after the standoff at Backwater Bridge began, Bismarck Police Officer Lynn Wanner told everyone to watch live feeds. A Code Red was issued at approximately 6:17pm. Nearly 15 minutes later, activists were attempting to remove the two burned-out DAPL trucks. Less lethal munitions were brought in at 7:16 p.m., and the fire truck arrived nearly 15 minutes later. By 7:45 p.m., officers were asking to retreat, and an FBI informant inside the camps reportedly found propane tanks set to explode.

By 9:58 p.m., the conversation between law enforcement officials and TigerSwan turned to preparation for a media backlash. Hundreds of reports of tear gas, pepper spray, concussion grenades, and water cannons used on people came across in an email around 9:43 p.m.

In total, more than 300 activists were injured at Backwater Bridge before dawn on September 21, including a woman shot in the face with a rubber bullet, many suffering from internal bleeding, hypothermia, lost consciousness, severe head lacerations, and multiple fractures.

Law enforcement relied heavily on social media feeds in early attempts to refute Wilansky’s story. TigerSwan echoed law enforcement’s worries of a media backlash by saying live videos would be turned into anti-DAPL propaganda. The North Dakota National Guard also weighed in, asking how to disseminate the government narrative to the public, and the public information officer with the North Dakota Department of Emergency Services suggested Port’s SayAnythingBlog.

Citing disinformation, both Regan and Wilansky’s family have said the government’s narrative does not contain “a shred of truth.”

“They’re using what happened to me as an excuse to ruin the whole movement,” Wilansky said.

Her only regret is that her time at Standing Rock was cut short.

“I certainly fulfilled some kind of purpose there, because what happened to me helped spur thousands of more people arriving. Ultimately, that didn’t stop the pipeline from being built though.”

Wilansky encourages young people, especially, to become involved in causes they believe in.

“Being involved in this particular movement and land defense is a really good option for people finishing college and high school and not ready to go get a job, and taking the typical path. It’s still possible for anyone to be a part of these camps, there’s so many camps, so many struggles all over the world.”

Self portrait Sophia Wilansky

If Wilansky’s injuries have taught her anything, it’s that she will work harder for the causes she believes in.

“The police commit daily acts of violence against black, brown, and Indigenous people, murdering Native people at a higher rate than any other group,” Wilansky said. “Extractive industry does the same thing, only more slowly and insidiously. The fact that state actors are willing to assault and maim anyone who stands for the water within an Indigenous-led movement only means that each of us must strengthen our resolve to contribute in our own way to the struggle to defend life and end the colonizing institutions that threaten it.

Despite her injuries, Wilansky isn’t angry. “A lot of people are angry for me, I think, at the police and all the other entities that are giving me a hard time. There’s lots of good reasons to be angry, but I’m not angry, because I already knew that’s how this society works.

“No attack on my body or my character will silence me or prevent me from returning to the frontline as soon as I am physically able.”

 

DAPL cases dropped by state in record numbers

July 20, 2017 / / 0 Comments

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bennon Nastacio – Facebook page

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

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

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

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

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

Red Fawn Fallis – online sources

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

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

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

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

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

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

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

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

“We’re living in strange times.”

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

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

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

IT specialists investigate cyber warfare crimes at Standing Rock

July 12, 2017 / / 0 Comments

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

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

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

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

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

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

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

Only government entities can authorize a cyber or cellular attack. 

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

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

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

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

Kyle Thompson during interview on Digital Smoke Signals

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

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

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

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

The casualties

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The gray zone

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

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

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

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

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

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

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

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

Masked TigerSwan employee – photo provided by Myron Dewey

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

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

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

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

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

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

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

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

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

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

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

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

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

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

June 6, 2017 / / 0 Comments

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Daily intelligence information from TigerSwan to law enforcement

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

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

 

Standing Rock Leaders Acquitted 

June 1, 2017 / / 0 Comments

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.” 

“This Is Not A War” 

January 19, 2017 / / 0 Comments

Standing Rock activists closing in on DAPL drill pad, law enforcement bring in an Avenger weapon system

By C.S. Hagen
CANNON BALL – Inch by inch, coil by razor-tipped coil, Standing Rock activists near the Dakota Access Pipeline drill pad.  

During the past week marches launched from the main camp outside of Standing Rock targeted the east side of the pipeline near the Missouri River and Backwater Bridge, which is still militarized with razor wire, cement blocks, and recently the addition of an Avenger weapon system – a lightweight surface-to-air missile unit capable of being armed with eight Stinger missiles in two missile pods, courtesy of the North Dakota Army National Guard.

Avenger weapon system on hill over main camp (Avenger at right) – photo provided by Johnny Dangers

“We are getting to them,” an activist who goes by the name of Nataanii Means said on his Facebook page. “We began exerting our treaty rights when beginning to clear the bridge of unnecessary barbed wire. We were there in peace and prayer, although we know from months of interactions with militarized police, they will get violent against us even when we are unarmed.”

Morton County Sheriff’s Department reported activists came within 700 feet of the drill pad on Tuesday. In two days time, 37 people were arrested, bringing the total arrested to 624, according to law enforcement. Law enforcement were flanked repeatedly as activists attempted to gain access to the DAPL drill pad, and “less-than-lethal force” was used, Morton County Sheriff’s Department said. 

Bean bag rounds, pepper spray, impact sponge rounds, and riot control smoke was deployed. Six police officers and National Guard units were injured; one activist was hit in the face and was transported by ambulance to Sanford Medical Center in Bismarck. Charges against those arrested ranged from carrying a concealed weapon, criminal trespass, physical obstruction of a government function, and preventing arrest. 

Activists nearing DAPL drill pad – photo provided by Johnny Dangers

“Last night our officers faced the same type of hostility and aggression that we have been subjected to for the past six months, “said Mandan Police Chief Jason Ziegler.

“It is unfortunate that these protesters are now engaging in nightly riots that impede law enforcement’s ability to facilitate the important clean-up efforts requested by the Standing Rock Sioux Tribe and Morton County citizens,” said Morton County Sheriff Kyle Kirchmeier.

“These front liners don’t back down,” long time activist and attorney Chase Iron Eyes said. He has spent much of the winter so far at the camps assisting and organizing survival and water protection issues. “They are considered ‘illegal trespassers’ on their own treaty land and on a public right of way, which should be open. They have heart. Our kids look up to them as role models and I’m perfectly fine with that. May we always walk without fear.”

Backwater Bridge was investigated for damage by the Department of Transportation and was considered “structurally sound” on January 12. 

On Wednesday night, activists said North Dakota Army National Guard and law enforcement shot friends in the back and in the face as they were running away. 

“This is not a war,” Alisha Ali Vincent said. “Somebody should tell them that.”

Snowballs, ice, and razor wire Frisbees were used to taunt law enforcement, officials said. The Morton County Sheriff’s Department verified activists were making Frisbees out of razor wire taken down by activists. Video footage filmed by law enforcement also show activists shoving at the police line after removing protective razor wire. 

“Protesters cut through and removed security wire they then crafted it into circular, Frisbee shapes and were throwing it at law enforcement at the front line,” Morton County Sheriff’s Department reported. Deflating devices were also placed on Highway 1806 near Huff. 

“In response to rumors that an Avenger vehicle is in place to shoot down drones, the North Dakota Army National Guard does have an Avenger system employed in support of the Dakota Access Pipeline Protest,” Morton County Sheriff’s Department said. “These systems are used strictly for observation of ungoverned encampments to help protect private property and maintain public safety in southern Morton County, ND.  The systems have no munitions; further, there is no authority to arm these vehicles with munitions.”

Activists said law enforcement and military personnel ambushed activists Wednesday night. Vincent was talking on the phone with a friend standing at Backwater Bridge when the offensive began. 

“After 40 minutes of peace and calm, those officers did not have to approach from both sides and from the back shooting people 500 feet away in the back, and in the back of the legs so they would fall down,” Vincent said. “Running after them and zip tying their hands and dragging them off. They didn’t deserve that.”

Activists on Backwater Bridge – photo provided by Johnny Dangers

Myron Dewey, an activist and a filmmaker from Digital Smoke Signals, saw footage of the marches. 

“An ‘aha’ moment came up of many of the actions that came before,” Dewey said. “When the police start to get violent like this, something is happening in the background. Morton County is like the Pinkerton oil police, they’re distracting what’s really happening at the drill pad. They’re getting desperate and they’re trying to distract us.

“These guys are going to rely on the Trump administration, and they’re doing certain things by trying to not have an environmental impact study done.” 

Dewey also told listeners through a video to be mindful of staying in prayer, and to evict anyone threatening violence. 

Testimonies at the state capitol in Bismarck on Wednesday pertaining to the Dakota Access Pipeline controversy showed the state is not stopping its hardline tactics against Standing Rock and supporters. The state borrowed more money from the Bank of North Dakota, making the total used so far $25 million, Senator Ray Holmberg, R-N.D., said. 

Razor wire Frisbee – photo provided by Morton County Sheriff’s Department

Governor Doug Burgum urged activists to leave the area, citing potential flooding concerns and strained relationships between the tribe and state. 

“The Dakota Access Pipeline protests began with a legitimate debate around issues raised by the Standing Rock Sioux Tribe, including protecting our valuable water resources and a desire for genuine government-to-government consultation,” Burgum said. “Those original concerns have been hijacked by those with alternative agendas.” 

Due to the lack of in-state public defenders for those arrested on charges related to the Dakota Access Pipeline controversy, the North Dakota Supreme Court authorized out-of-state lawyers to represent pipeline protesters in criminal cases on Wednesday.

Additionally, this week North Dakota Legislature introduced House Bills 1203 and 1304 in what some state politicians deem a “knee-jerk” reaction to the controversy. 

House Bill 1203 states:  “Notwithstanding any other provision of law, a driver of a motor vehicle who unintentionally causes injury or death to an individual obstructing vehicular traffic on a public road, street, or highway is not guilty of an offense.”

House Bill 1304 states: “An individual, with the intent to conceal that individual’s identity, may not wear a mask, hood, or other device that covers, hides, or conceals any portion of that individual’s face while…” on a lane, walkway, alley, street, road, highway, or public highway, on public property or appearing on or within public property, and during demonstrations.

Deflating devices on Highway 1806 – Morton County Sheriff’s Department

A violation would be considered a class A misdemeanor, according to the legislative submission.  

“Most outside of Morton County may think that because the cameras are gone and the celebrities have stopped showing up that everything has returned to normal here, but make no mistake, there remains a contingent of professional protesters still looking to escalate the ongoing situation in our county and make the lives of our citizens that much more difficult,” Morton County Sheriff’s Department reported. 

“Due to this criminal activity, the ND Highway 1806 roadway north of the bridge will remain closed until federal law enforcement is introduced into the protest camp to restore law and order.”

Former Cass County Sergeant Accuses Sheriff of “Double Standards”

December 6, 2016 / / 0 Comments

Retired employee of Cass County Sheriff’s Office goes before County Commissioners to accuse the sheriff of favoritism and sexism

By C.S. Hagen
FARGO – A recently retired employee of the Cass County Sheriff’s Office criticized Sheriff Paul Laney before the Cass County Commissioners meeting Monday, threatening lawsuits on the horizon due to the sheriff’s favoritism, sexism, and double standards.

Gail Wischmann, a 34-year-employee of Cass County Sheriff’s Office, left the career she loved early and retired due to Laney, she said, after presenting a list of allegations attacking the Sheriff’s Department.

Retired Cass County Sgt. Gail Wischmann speaks before Cass County Commissioners Board - photo by C.S. Hagen

Retired Cass County Sgt. Gail Wischmann speaks before Cass County Commissioners Board – photo by C.S. Hagen

“I could not continue to work under the leadership of Sheriff Laney,” Wischmann said. “To do so would compromise my values of fairness and honesty. What I find amazing is that no one before has done this, I can’t walk around with this on my shoulders.”

She said Laney’s management style is dictatorial, micromanaging irrelevant issues while ignoring more important problems.

Wischmann knew she made the correct choice to retire after her final meeting with Laney. “I was blindsided by a verbal assault, it was just him and I, in which he threatened me with reprisals if I dared say anything negative about him or the department. He informed me, ‘people don’t like me, they actually even hate me.’

“It makes me angry that someone like him threatens me or any other employee should I come and speak. With his finger pounding on the table, he wanted me to know he had documentation on me.

“I view that as a threat.”

Wischmann didn’t know what documentation the sheriff was referring to, she said. She used to have a sign hanging in her office that read, “Speak your mind, even if your voice shakes.” Wischmann’s voice shook as she strongly criticized the Cass County Sheriff’s Office before the Cass County Commissioners.

She accused the office of not performing an internal investigation after a jail officer addressed male and female staff as “penises and vaginas.” The sheriff’s office acknowledged the incident, saying they took action and used it as a learning experience of inappropriate behavior, Cass County Sheriff’s Office Public Information Sgt. Kim Briggeman said.

“It is inappropriate, but we dealt with it as a learning experience,” Briggeman said. “Not every incident needs to be turned over to OPS, but there was action and it was dealt with swiftly. And to my knowledge it has not happened with that officer again.”

Wischmann also stated that Office of Professional Standards, or OPS reports, are frequently not performed. When a deputy once came to work smelling of alcohol, the sheriff did not perform a breath test, she said. Instead, Laney denied the captain had been drinking, she said.

Briggeman heard about the drinking incident for the first time yesterday, but said that any officer under the influence of a controlled substance would be dealt with accordingly. “It would be something that we would absolutely review and look at it immediately.”

Current proper procedures for in-house management are in the process of changing over from general orders to a program called Lexipol, he said. Lexipol is a provider of risk management policies and training for public safety organizations, according to Lexipol’s website.

“The liability of a law enforcement officer being under the influence at work is completely unacceptable and it would be an intolerable act to allow them to continue to work,” Briggeman said. “There would 100 percent absolutely be an intervention.”

Laney has created an office where sexism abounds, Wischmann said.

“There are double standards within our department, favoritism, sexism, within the sheriff’s office, such as females not allowed to be a roller derby girl, yet allowing a male employee to practice amateur boxing.” Female deputies are also overlooked for assignments because male supervisors believe that males perform better, she said.

Briggeman said the incident was true, but that the sport was hindering the female officer’s work performance.

“As far as that roller derby stuff goes, he’ll absolutely acknowledge the fact the female deputy did hold a conversation with him, and the reason why that conversation took place was because that female deputy was getting hurt and she was missing work, it was obviously having an effect on her professional life. The male deputy was cautioned just the same about the dangers of boxing.”

The male-to-female ratio in the department’s command office is approximately fifty-fifty, Briggeman said.

“If you’re not the right fit you’re not it, if you’re the right fit, you’re it,” Briggeman said. “At one point four out of seven of his command officers were females. There isn’t any merit behind it.”

Wischmann admits she was a challenging employee. “I speak my mind, and sometimes, most times, it’s not well filtered. I don’t ever sugar coat anything, good or bad, I believe honesty is my strongest value.”

Wischmann also stated she was appalled that the meritorious award was given out to everyone in the department, approximately 160 employees, even if the deputies were on sick leave or on vacation the night Office Jason Moszer was killed by Marcus Schumacher. “As long as you were employed by a certain date you received this award. And to me this is a disservice to those people who were actually on the line being fired at that night. Those are the deputies that should have been recognized. You don’t give me a meritorious award because I worked the night shift that week.”

The awards were given because during that time nearly everyone in the sheriff’s department, no matter their roles, was called upon for extra duties, Briggeman said.

“He took it upon himself, when Chief Todd reached out to us that it would be an absolute honor to ensure that Fargo police department would be able to honor and pay respects to an officer who fell in the line of duty,” Briggeman said. Administrative assistants during that time answered more phone calls, patrol staff worked longer hours to assist the Fargo Police Department.

“To be honest, I, on the other hand, am upset that a former sergeant would have felt appalled to the fact that a majority if not all the sheriff’s office personnel stepped up to ensure the police department had that opportunity. It was an undertaking, it was absolutely an undertaking, it was something I hope I never have to do again, but I would do again tomorrow if called upon.

“I wear that meritorious award on my shirt.”

Staffing inside the county jail is an ongoing problem, Wischmann said, but the department does not need more patrol officers. “I know he has given you some numbers and I don’t… let me just say they are not truly what they are,” she said to the county commissioners. “They’ve come up with a system to inflate a documentation to look, to inflate the numbers larger than what they are for service of calls.

“I don’t appreciate his comments to administrative and a command staff that a request for another school officer is a good way to back door another patrol officer into the budget.”

Briggeman stated it is no secret that there is necessity for more patrol officers in the sheriff’s department. He has gone alone on assignments numerous times when a second car should have been involved. Doctoring paperwork, however, is impossible, he said.

“Everything is documented, every call for service, every run, whatever it may be it is clearly documented,” Briggeman said. “How you would doctor those reports? I don’t know.”

Wischmann said she has no other agenda other than to alert the public and the Cass County Commissioners on “what he [Laney] truly is,” she said. “They don’t see behind the scenes.”

Laney’s treatment of private citizens was also recorded on November 21, when Laney and Mandan Police Chief Jason Ziegler called Dakota Access Pipeline activists Liz George and Kana Newell over to their table while eating at the Rice Bowl. Within minutes during the conversation, both chiefs told the women to leave the restaurant, threatening arrest.

The sheriff’s department had no response to the video, according to Briggeman.

Wischmann also accused the sheriff’s department for paying two commanders to attend Laney’s graduation ceremony from the Federal Bureau of Investigation Academy in Virginia.

The department said the accusation was true, but that the two commanders were former FBI academy graduates, and the bureau encourages co-workers to attend graduation ceremonies.

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.

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

Wischmann served 34 years in the sheriff’s department starting in 1982 in the jail. She then moved into the warrants division, and became a sergeant working the streets, she said. When Laney took office, she created an office of internal affairs where she worked for seven years. Two years before retiring she became an administrative assistant, and continued working with the sex offenders’ office.

“I’d like to suggest that Cass County Commission, that you consider more vigilance on monitoring the sheriff’s office,” Wischmann said. “There are serious problems going on in the Cass County Sheriff’s office.

“I have no reason to make this up. One of these days Cass County is going to get hit hard with a lawsuit, and more than one lawsuit, not only from employees but from the public as well.”

Activist prepares to be hit with wawter - photo by Rob Wilson Photography

Woman Injured at Backwater Bridge May Lose Arm

November 22, 2016 / / 0 Comments

Family speaks out: “I died a thousand deaths” victim’s father says

By C.S. Hagen
OCETI SAKOWIN – The woman who nearly had her arm blown off Sunday night at the Backwater Bridge standoff is in stable condition, according to the Standing Rock Medic Healer Council.

Sohpia Wilansky, 21, from New York, was hauling drinking water to activists near the front line when a concussion grenade thrown by law enforcement hit her left arm and exploded, according to medic reports.

(Graphic) Injured woman with arm nearly blown off - photo provided by Keven Gilbertt

(Graphic) Sophia Wilansky with arm nearly blown off. Father, Wayne Wilansky, said during interview that she had been at Oceti Sakowin for three weeks, and planned to stay no matter how cold the winter weather becomes. Wilansky has undergone surgery, but more surgeries are required. “It’s now my fight too,” Wayne Wilansky said. – photo provided by Keven Gilbertt

Law enforcement denies the accusation, claiming a Coleman propane explosion wounded Wilansky. “There was an explosion behind in the protester area, we don’t know where it came from but it wasn’t law enforcement,” Morton County Sheriff Kyle Kirchmeier said.

“These statements are refuted by Sophia’s testimony, by several eyewitnesses who watched police intentionally throw concussion grenades at unarmed people, by the lack of charring of flesh at the wound site and by the grenade pieces that have been removed from her arm in surgery and will be saved for legal proceedings,” the Standing Rock Medic Healer Council press release stated.

Activist standing under a shower in sub-freezing temperatures - photo by Rob Wilson Photography

Activist standing under a shower in sub-freezing temperatures – photo by Rob Wilson Photography

The explosion destroyed Wilansky’s radial and ulnar arteries, and shattered her radius, according to medic reports. “All her muscle and soft tissue between her elbow and wrist were blown away. The police did not do this by accident – it was an intentional act of throwing it directly at her,” Wilansky’s father, Wayne Wilansky, said.

Medics also claimed police were shooting people in the face and groin areas intending to cause as much damage as possible.

“She will need multiple surgeries to try to gain some functional use of the arm and hand. She will be, every day for the foreseeable future, fearful of losing her arm and hand,” Wayne Wilansky said. “There are no words to describe the pain of watching my daughter cry and say she was sorry for the pain she caused me and my wife. I died a thousand deaths today, and will continue to do so for quite some time.”

Injury reports stemming from Sunday night and early Monday morning’s standoff at Backwater Bridge climbed to 300, according to medic reports. “These 300 injuries were the direct result of excessive force by police over the course of 10 hours. At least 26 people injured had to be evacuated by ambulance to three area hospitals.”

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

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

Some of the additional injuries included an elderly man who lost consciousness, but was revived, a young man who suffered a grand mal seizure, a woman who was shot in the face by a rubber bullet, a young man shot in the abdomen by a rubber bullet who was vomiting blood, a young man shot in the back near the spine by a rubber bullet, and multiple fractures, according to medic reports.

Law enforcement said late Monday night they received no reports of any activists injured.

The front line separated with coils of razor wire - photo provided by Rob Wilson Photography

The front line separated with coils of razor wire – photo provided by Rob Wilson Photography

During a press conference, Kirchmeier added that Backwater Bridge is deemed unsafe, that the trucks were purposefully left blocking the Highway 1806, and investigators will not inspect the bridge until activities have calmed down.

“We can use whatever force necessary to maintain peace,” Mandan Police Chief Jason Ziegler said. He stated the use of water on activists in sub-freezing temperatures was necessary, and that law enforcement would use the same tactics again.

“It was effective, wasn’t it?” Ziegler said.

A total of 528 individuals have been arrested on charges stemming from the DAPL controversy since early August, according to Morton County Sheriff’s Department. 

Frozen water at Backwater Bridge - photo by Rob Wilson Photography

Frozen water at Backwater Bridge – photo by Rob Wilson Photography

 

Trapped at Cantapeta Creek

November 3, 2016 / / 0 Comments

Standing Rock and supporters march on Dakota Access, turned back by law enforcement

 

By C.S. Hagen
CANTAPETA CREEK – Activists defending water fought from inside a near-freezing creek Wednesday in a three-pronged attempt to gain access to Dakota Access Pipeline drill pad.

Early Wednesday morning, activists built a makeshift bridge to span a sixty-foot section of the creek, but law enforcement destroyed it, sparking another standoff.

long-shot-at-cantapeta-creek-photo-by-c-s-hagen

Long shot at Cantapeta Creek – photo by C.S. Hagen

“Protesters are trying to gain access onto private property also known as the Cannon Ball Ranch,” Morton County Sheriff’s Department reported in a press release. “Law enforcement witnessed a group of protesters building a hand-made, wooden pedestrian bridge across Cantapeta Creek. Officers responded and ordered protesters to remove themselves from the bridge and notified them that if they cross the bridge they would be arrested.

Activist plunging into the creek - photo by C.S. Hagen

Activist plunging into the creek – photo by C.S. Hagen

Activists chose to swim across, some standing in the chill waters for hours. Canoes paddled people back and forth. They formed a line along the creek’s bank, many with hands in the air, wrapped in space blankets for warmth, as law enforcement sprayed mace and pepper spray. Guns rose when anyone attempted to climb the muddy banks. The creek turned to a milky color from the amount of toxic sprays used to disperse the activists. 

Activists at Oceti Sakowin, or the Seven Council Fires, are trapped; any access to the Dakota Access Pipeline has been blocked. Highway 1806 remains shut down. The police barricade and two DAPL truck skeletons block the highway on the north side of Backwater Bridge. While hundreds of activists attempted to cross Cantapeta Creek, more than 100 others faced off with police along Highway 1806.

The Cantapeta Creek, a tributary to the Missouri River, separates activists from the pipeline route. According to drone video footage, the 1,172-mile-long Dakota Access Pipeline has already reached the Missouri River banks, the United State’s longest waterway.

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

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

Tristan Hartwell, an Arapaho from the Arapaho Red River Indian Reservation, said the water felt frozen. She emerged from the creek shaking. “The creator had an eye on me, and I’m doing this for all the people,” Hartwell said.

“Corporations have no right, we have the right to peacefully protest,” a Kansas schoolteacher named Lynne Hunter said. Sitting in a folding chair, umbrella in hand, she lectured law enforcement from the native side of the creek, “This is America. This is not Russia. You can back down.”

Activists doused bandanas with apple cider vinegar to ward off some of the sting from mace. Medics ushered in bottles of a milk of magnesia mix to help those hurting from the pepper spray and mace. Emergency vehicles responded to the standoff as well.

The air was pregnant with burning sage from smudging; pepper spray at times turned acrid on the tongue, leaving lips dry. Drums beat. Activists sang songs, cheering when someone volunteered to enter the cold creek. Some sat in the mud, hands folded in prayer. A third group attempted to draw law enforcement away by staging another action around the creek’s bend. One police officer fainted halfway through the standoff.

Andy Kader warming up - photo by C.S. Hagen

Andy Kader warming up – photo by C.S. Hagen

Andy Kader was given a hero’s ovation when he stumbled from the creek after staying in the water for more than an hour. He helped swimmers back and forth, made sure logs from the activists’ floating bridge didn’t impede progress.

Shaking wildly, wrapped in a space blanket near a roaring fire, medics reported he had a light case of hypothermia.

“I didn’t feel the cold because of the drums and the prayers of the people kept me going,” Kader said. One foot from the water, however, he couldn’t walk. Activists assisted him to a fire. Kader is a Mohawk, from the “People of the Flint” tribe. A large man, tattooed arms, he spoke quietly as he tried to sip water. His hands shook, making the sips difficult.

“Our water is so badly polluted from where I come from,” Kader said. “It’s already beyond repair. If I could do my little part to help my brothers and sisters from having their waters polluted as ours, it is the least I could do.”

As law enforcement began pepper spraying the activists in earnest, Pete Red Bear knelt along the native side and began a song on an elk flute. He didn’t play traditional songs, he played how the spirits led him, he said.

Pete Red Bear on elk flute - photo by C.S. Hagen

Pete Red Bear on elk flute – photo by C.S. Hagen

“They are very brave,” Red Bear said. “We’re all here to protect the water for all life.”

Adam Karls traveled from Sweden to assist Standing Rock. “For me this is like science fiction. This is another world for me, another planet.

“Here in this country they’re still talking about the history – make America great again, but for us, America was never great. You have to deal with your history. I have many white friends in the US, and they don’t care about this. They’re only talking about the drunk Indian, the lazy Indians, because they don’t know the history.

“They’re part of an organized structure that wants to divide everybody,” Karls said. “This is environmental racism.” Before his trip to the Peace Garden State, his friends said he was about to travel to the “Mississippi of the North,” he said. 

Trump’s recall for the American Dream he sees as a joke. Many European nations are dealing with their racist pasts, for instance Germany, he said. “The American Dream works best for white rich people. I am so pissed off at my white American friends because they don’t care about this. They get angry when I talk about the past, the dirty past of the US.”

Kansas native Lynne Hunter lecturing law enforcement - photo by C.S. Hagen

Kansas native Lynne Hunter lecturing law enforcement – photo by C.S. Hagen

The director general for the National Association for the Advancement of Indigenous People, United Nations Human Right IPO, Tushka Humoc, said he can only sit and wait for the Standing Rock Sioux Tribe and supporters to “do the right thing.

“We actually came out here to hopefully provide some remedy to this situation in an international venue,” Humoc said. For now, he can only take pictures; conduct interviews, and report back to the United Nations.

“The UN can’t do anything, because they’re US citizens by law,” Humoc said. “The moment they remove themselves from being US citizens by law, then the UN can step in and do something, because the UN has to protect the foreign nationals, whose lands are being occupied by the United States. As long as the United States has these people under BIA, they’re adhesion by Congress, so the federal government controls every aspect of their lives.”

He’s calling out for a deliberate change among indigenous people in the United States.

“They should immediately within 72 hours develop a new trust, submit it to BIA, nothing changes except the power. And now we can move these people [law enforcement] off these lands, it’s really that simple.”

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

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

Former Oklahoma Senator Enoch Kelly Haney, full-blooded Seminole and the only Native American to serve on Oklahoma Legislature, said Standing Rock’s stand against big oil has the potential to become “very dangerous.”

As an artist, he crafted a four-foot-tall bronze statue for the tribe, naming it “Standing His Ground,” and is based off the native Dog Soldier’s custom of “pinning” themselves off with sacred arrows when making a final stand, usually against greater odds.

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

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

“This is their last stand,” Haney said. “And I do hope this does start some kind of precedent in law.”

President Obama this week announced his administration was watching the Dakota Access Pipeline situation, but wanted it to “play out for several more weeks,” he said, but also stated future plans might include a reroute.

“Given the recent escalation of violence by protesters, letting the situation ‘play out’ is quite literally putting lives in danger,” Morton County Sheriff’s Department reported.

Some activists, frustrated by being trapped, said that perhaps lives is what it may take to stop the pipeline. An argument erupted among the younger generation activists after elders recalled the activists from the Cantapeta Creek.

Elderly native woman sprayed by mace, at medics - photo by C.S. Hagen

Elderly native woman sprayed by mace, at medics – photo by C.S. Hagen

“Our warriors need to buck up,” an activist said.

“Are you scared to die?” another activist asked.

“No, I am not scared to die.”

“If they start killing innocent people you really think that the US is going to let them build that pipeline?”

“What’s your plan?”

“Let’s all go up there, let’s all go back up there.”

A bystander intervened. “If you don’t know what’s going on, go back to camp. We’re keeping them from working when we stand our ground. Let people do what they feel is right in their heart. Don’t have all this warriors fighting each other; that’s what they want. We have to keep the unity strong.”

Activist warming up after coming out of Cantapeta Creek - photo by C.S. Hagen

Activist warming up after coming out of Cantapeta Creek – photo by C.S. Hagen

The Red Warrior Camp posted in an official statement said they are putting their bodies and lives on the line.

Activist praying at Cantapeta Creek - photo by C.S. Hagen

Activist praying at Cantapeta Creek – photo by C.S. Hagen

“If you live on this land, breathe the air and drink water, this is your fight too,” the Red Warriors Camp reported. The services date for the Dakota Access Pipeline is January 1, they reported.

“We are calling for two months of sustained waves of action targeting the Army Corps of Engineers, investors, pipeline companies, security firms, and elected officials who are behind this project. We need to hold these institutions, corporations, and individuals accountable and put pressure on them to stop this pipeline.

“Additionally, recognizing that we are being charged with illegal activities for simply protecting the water, we are taking back our power and charging the pipeline companies, banks, and individuals behind this project with crimes against humanity and crimes against Mother Earth. The Dakota Access Pipeline is in direct violation of the United Nation’s Declaration of Human Rights, most especially in regards to the right to security of person, the right to not be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.”

 

Oceti Sakowin at night - photo provided by Steve Gross

Oceti Sakowin at night – photo provided by Steve Gross

 

Of Mercenaries, Prairie Fires, and “Illegal” Treatment of Inmates in North Dakota

November 1, 2016 / / 0 Comments

No county or state charges filed against DAPL mercenary, paper trail leads to private military security companies, prairie fire threatens Standing Rock’s main camp, and inmates locked in dog cages

By C.S. Hagen
BISMARCK – The man who dressed as a “water protector” and reportedly drove his white Chevy toward Standing Rock’s main camp, armed with a semi-automatic Colt AR15, is a mercenary for Dakota Access Pipeline.

Kyle Thompson from Facebook page

Kyle Thompson from Facebook page

Kyle Thompson, of Bismarck, also known as “War Eagle” after a native naming ceremony ten years ago, according to a 2007 story published in the Bismarck Tribune, was arrested by the Bureau of Indian Affairs Thursday, October 27. He was an “armed agitator” who fired shots with his assault rifle, according to the Standing Rock Sioux Tribe Facebook page.

Thompson worked security for a company called Thompson-Gray LLC, according to paperwork found in his truck. The company’s legal trail, long and twisted, leads to private military contractors named Pathfinder Security Services/Consultant and AMGI Global Ltd. Co.

The Paper Trail

Insurance papers and an employee identification badge found in Thompson’s truck linked him to Dakota Access Pipeline, according to Dallas Goldtooth, campaign organizer for the Indigenous Environmental Network. The truck was licensed to Thompson-Gray LLC doing business as Knightsbridge Risk Management, of Springfield, Ohio, according to the insurance papers. The description of operations listed at the bottom of the paperwork is to protect to Dakota Access LLC, its parent and affiliates, its officers, directors, employees, and agents.

Thompson-Gray LLC is an active company established October 27, 2015 in Cincinnati, Ohio, under Silverton Consulting International according to the Ohio Secretary of State. The company has no paperwork on file with the North Dakota Secretary of State. In Ohio, however, Thompson-Gray LLC’s business scope includes security consulting and management services for “any legal service.” The company is considered by some to be an emerging leader providing solutions to the Department of Defense.

Charles Graham Clifton is listed as the owner of Silverton Consulting International. The company is ten months old, and has an identical business scope as Thompson-Gray LLC, according to the Ohio Secretary of State. One online review of the company was that it is “very shady,” and “does not pay its employees on time.”

Knightsbridge Risk Management is a private security firm also owned by Clifton and headquartered in Dallas that primarily serves the oil and gas industry. Its registration with the Texas Department of Public Safety has expired, but it is listed as a guard, guard dog, investigation, and security consultant company. Knightsbridge Risk Management is also registered in Colorado, where it is in good standing and established by Barbara Colliton of Ohio.

Knightsbridge Risk Management is active in western North Dakota, according to 2015 media reports. Another inactive company Clifton is linked to along with Grady Emmons is Precision Risk Management Group, LLC, according to the Florida Secretary of State, however; Emmons is listed as the registered agent for Precision Risk Management Group out of Saginaw, Michigan established in 2006, according to the Michigan Secretary of State. Knightsbridge Risk Management’s Texas company license expired on June 30, 2016, according to the Texas Department of Public Safety, and it lists Clifton and Colliton as owners.

Clifton is also the owner of AMGI Global, Ltd. Co., according to the Texas Department of Public Safety, and Pathfinder Security Services LLC operates under its name. Pathfinder Security Services was dissolved in 2010 in Wyoming, and its parent company, Pathfinder Tactical Inc., was dissolved for failure to pay taxes in 2011, according to the Wyoming Secretary of State. Clifton is reported as the qualifying agent for both AMGI Global and Pathfinder Security Consulting, a company that specializes in oil and gas security, is a private military contractor reportedly active in the United Arab Emirates.

“For whatever reason, he has always used multiple companies and multiple names,” Emmons said of Clifton. “Whenever he gets a new direction, he forms a new company.” 

Clifton also charged to train his employees as owner and manager of Castle Peaks Training Center – license also expired – according to Texas Department of Public Security. Clifton is further listed as the director of the Humanitarian Defense Inc., a non-profit security organization.

Emmons and Clifton have worked together in the past, Emmons said, in fact, they used to be friends. “We had a falling out about this Dakota Access debacle,” Emmons said. Emmons is the owner of Precision Risk Management Group, LLC, a security company that also provides investigative solutions. “He reached out to me when this contract came into his hands.”

They fought over tactics; Clifton’s tactics were far too heavy handed, he said.

“I could just see the writing on the wall, and once I saw the dogs and the way he was handling some things, it was one of the best decisions I made in my life.”

The security companies involved during the day of the attack dogs, and the recent DAPL security procedures on law enforcement’s flanks last week were illegal, Emmons said.

“It was an idiotic move, and way outside of standard practice.”

As private security employees they are allowed to defend themselves, establish a perimeter, ask and then direct people to leave an area. “But when it comes down to a violent encounter, you don’t have the right to get violent with them if you’re not defending yourself. The point of where you’re kidnapping people and things like that, you become the aggressor. That’s the job for the police; it’s their decision. On the security side, you’re becoming the aggressor, and generally speaking that is illegal.”

Emmons said he would have used a different approach to the Dakota Access Pipeline controversy.

“I certainly wouldn’t have used dogs, and wouldn’t have had employees out there with assault rifles and handguns. This isn’t 1955 anymore. Guns and dogs don’t have anything to do with a protest. There’s no place for dogs, and certainly untrained dogs.” He showed videos to friends pertaining to the day of the attack dogs, and noticed the dogs were not trained well.

“I’ve dealt with protests in my career, and trying to handle people like this with more and more levels of force, it’s just going to lead to more situations like this. These people have very strong beliefs, right, wrong, or indifferent,” Emmons said. “You can’t think you can hit them with hammer, or use a scare tactic and then think things will go your way.”

He has heard that G4S is active in western North Dakota. “If it’s true, it’s probably one of their umbrella companies.” 

Activists on top of burned out DAPL machinery, fires still burning in gas tank - photo by C.S. Hagen

Activists on top of burned out DAPL machinery, fires still burning in gas tank – photo by C.S. Hagen

A long paper trail jumping state to state, a crooked path of registered agents, leads to the security company G4S Secure Solutions (USA) Inc., registered in Florida with Corporation Service Company listed as its registered agent list. Corporation Service Company is a worldwide leader for business, legal, and financial services, according to its website.

An employee search in the Texas Department of Public Safety shows workers jump from G4S or G4S Secure Solutions formerly known as The Wackenhut Corporation to companies such as Knightsbridge Risk Management frequently. Knightsbridge Risk Management security officers Joshua Paul Franke-Hyland and Robert Alvarado both worked for G4S in 2013 and 2009 respectively.

Standing Rock camp attorney Angela Bibens said she also has heard of G4S involvement in western North Dakota. G4S denied any of their employees are working along the DAPL line, according to the company’s communication director Monica Garcia, and technically, she may not be wrong. However, there are shadows that link the security companies involved in the Dakota Access Pipeline and G4S.

Activists on front lines facing off with law enforcement from four states - photo by C.S. Hagen

Activists on front lines facing off with law enforcement from four states – photo by C.S. Hagen

G4S, a U.K.-based 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, in western North Dakota, although in an extremely twisted and complicated route.

G4S has registered companies registered in North Dakota, according to the North Dakota Secretary of State:

  • G4S Compliance & Investigations, Inc., registered in 1997 in Bismarck
  • G4S Retail Solutions (USA) Inc. registered in March 2015 and located in Bismarck
  • G4S Secure Integration LLC, registered for protective and detective services in 2004 in Bismarck
  • G4S Technology Software Solutions LLC registered in 2010 in Bismarck for security and building management software and services
  • G4S USA, owned by G4S Secure Solutions (USA) Inc., had its license renewed in Bismarck in August 2015 and is authorized for security guard work and security systems consultation
  • G4S Youth Services, LLC, established in 2012 in Bismarck and authorized for juvenile facility management.

The G4S press office did not return telephone calls or emails related to whether their companies have security personnel at the Dakota Access Pipeline, or what if any is the relationship between the companies involved today and G4S.

All efforts were made to contact Clifton and the companies he owns; telephone numbers were listed as non-working numbers or had busy signals; Clifton could not be reached for comment.

 

The “Mercenary”

Thompson’s alleged attack against activists came to a halt on Thursday evening after he was stopped by a SUV when it smashed into the side of his car, activists and videos report. He was chased into a nearby pond waiving his weapon, and was later arrested by the Bureau of Indian Affairs.

Thompson’s description of events posted Sunday on his Facebook page, and his Facebook profile, raise more eyebrows than answers questions.

The DAPL worker, activists name as Kyle Thompson, just before his arrest - photo provided by Steve Gross

Mercenary Kyle Thompson, just before his arrest – photo provided by Steve Gross

“Three days ago on October 27th, I was in a situation in which myself and others were faced with the difficult decision to take another’s life or not,” Thompson said. “A decision in which most people are never faced with and I hope never will, a decision in which changes a person’s outlook on life forever.

“I’m not here to defend myself or the others who stood their ground on the opposite side, (opposite for some reason doesn’t sound like the right word to use, however it paints the picture for those who weren’t there), we both know damn well we did enough of it that day.”

Thompson was asked to take pictures of DAPL equipment on fire, he said. “So I attempted to go and do just that, nothing more nothing less.”

He primarily stayed on Highway 1806 until he was forced off the road. He said he was also attempting to leave the area “as directed by the protestors on 1806.”

“I drew out my rifle after my vehicle was disabled and over 300 protesters were rapidly approaching my location, a few had knives and were dead set on using those knives.”

He then retreated into the pond to escape being surrounded. He denied firing his weapon. “That rifle hasn’t had a single round pass through the barrel in well over three months, the FBI can confirm,” he said.

During the confrontation an activist fired a flare at him, and his truck was set on fire, he said.

“I’m not out there for the money, fame, or personal gain,” Thompson said. “I will never stop, at any cost, defending those who I care for and those who put their trust in me.”

His Facebook profile reports he works for Rock Point, a bar and grill, and he was a former “door kicker” for the U.S. Army. A December 2007 article published by the Bismarck Tribune reported Thompson returned from a 15-month tour in Iraq with the U.S. Army 1-89th, 2nd Brigade to a hero’s welcome. At a Bismarck airport former Three Affiliated Tribes Chairman Tex Hall also presented him with an eagle feather headdress, and he was previously given the name War Eagle at a naming ceremony.

“It meant a lot to me because of my heritage,” Thompson said in the article.

On Facebook, Thompson has liked pages such as Unicorn Riot, Native Lives Matter, and Young Americans for Liberty, but also liked Predator Tactics, a company that manufactures night hunting lights for outdoorsmen. He left the Army in 2013, and graduated from State University of New York at Oswego with a major in business administration, according to his Facebook Page.

But, according to documents found inside his vehicle, he also works for the Dakota Access Pipeline as private security. After activists cornered him in the pond, Bureau of Indian Affairs officers arrived and took him into custody. He was jailed in Fort Yates, bonded, and then released, according to Bibens.

Friends of his on Facebook inquired of his well-being. His reply was that he was fine, “Always, you know that.” He also thanked friends for defending him online. “I can only hope that this will open up some minds to what could happen when you push someone so far that you force them into doing something that cannot be undone. Luckily for them it was someone like me on that other end.”

“We are doing our own investigation,” Bibens, said. “It’s a little too soon to say, but there are some key witnesses who can give a truer version of what happened.” Bibens is also the ground coordinator for the Red Owl Legal Collective, and works with the National Lawyers Guild.

Bibens said there are loopholes when it comes to prosecuting such cases. Pending charges against Thompson must come from the federal government.

“White guy on the rez,” Bibens said. “This is a major crime, and reservations don’t have authority over major crimes. This is a felony; this isn’t a simple assault. Someone brandishes a killing machine, that’s a felony.

“But maybe it’s not so much of a thing if law enforcement that does have jurisdiction over this guy doesn’t pick up the case. There are predatory white men who go to the reservation and victimize… and they know they can get away with it because there is a huge loophole in the jurisdiction law. This is the same loophole in the jurisdiction of criminal offenses.”

“I’m not worried about this whole situation because I know that whatever happens will happen for a good reason,” Thompson said. “I will always be fine no matter what happens. If only this lesson reaches the ones who truly need it, then we will be able to call it a success.”

Kyle Loven, chief division counsel and media coordinator for the Federal Bureau of Investigation Minneapolis Office, was familiar with the incident, but refused to comment on Thompson’s situation, or any other aspects of the Dakota Access Pipeline controversy.

Morton County State’s Attorney Brian Grosinger did not reply to repeated requests for information on whether the county or any other state agency will be investigating or filing charges on Thompson. The North Dakota Secretary of State also did not return requests for information, and hung up the telephone halfway through a request.

Morton County Sheriff’s Department called Thompson a victim, and reported they were unable to confirm if any shots were fired. “The victim was instructed to get pictures of construction equipment,” Morton County Sheriff’s Department said in a press release. “In order to do so, the victim disguised himself so he would be able to gain access without being singled out as a construction worker.

“The man grabbed a rifle to defend himself, he retreated toward the Cannonball River and was pursued. No charges will be filed against this man as he was using the weapon to protect himself.” 

Chairman of the Cheyenne River Sioux Tribe Harold Frazier said he will be seeking charges of attempted murder against Thompson.

Prairie fire east of Oceti Sakowin, or Big Camp - photo provided by Morton County Sheriff's Department

Prairie fire east of Oceti Sakowin, or Big Camp – photo provided by Morton County Sheriff’s Department

Prairie Fire, Numbers, and Dog Kennels

Three days after Thompson’s arrest by the BIA, when law enforcement from four states violently cleared Standing Rock’s northern Treaty Camp, a fire ravaged the grasslands west of Highway 1806.

The fire was reported at 1 a.m., near Backwater Bridge, which is separated from the main camp, Oceti Sakowin, or the Seven Fires Council camp, by the highway.

“Mandan Rural Fire responded to the fire,” Morton County Sheriff’s Department reported. “However, due to the terrain, Mandan Rural was unable to access the fire.”

Winds swept the fire east, burning a large swath of prairie land owned by the U.S. Army Corps of Engineers. The land formerly belonged to the Standing Rock Sioux Tribe but was taken by the Corps after it was condemned. At 8:45 a.m., North Dakota National Guard units suppressed the fire. Black Hawk helicopters with 600-gallon water buckets assisted, Morton County Sheriff’s Department reported.

“For three hours they let that fire burn,” Bibens said. Her legal team, now fully staffed, is investigating the case as arson. “The hillsides are scorched. Somebody was talking about this was a controlled burn. Who does that at 2 o’clock in the morning?

“It was to cause fear and confusion. There’s video of someone with a flashlight walking along the ridge with fire following them. What does that tell you?”

More people than she can count reported injuries from Thursday’s events, Bibens said. “The numbers are stacking up. We’re taking instant reports. People are knocking on the tent before we open, and we’re there until 6:30 at night. It’s intense. It’s really intense.”

Treatment of the 117 people arrested on Thursday was “deplorable and illegal,” Bibens said. Activists were thrown into dog kennels at Bismarck’s airport; inmates’ forearms were numbered, an action many are comparing to the Nazi’s practice of tattooing Jews and others in concentration camps during World War II.

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

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

“Not only illegal, but dehumanizing to put people in dog kennels,” Bibens said. “They had this all planned out. People were denied their medication; diabetics were denied food in a timely manner, denied insulin. Just the medical neglect alone is illegal.

“We have a lot of people coming out of custody who have some stories to tell.”

Since August 10, 411 people have been arrested on charges related to resisting the Dakota Access Pipeline, according to Morton County Sheriff’s Department. Most, if not all of those arrested have been strip searched before incarceration, according to Bibens and activists. One woman was left naked in a cell overnight for the viewing of male guards, according to Bruce Ellison, a long-term criminal defense lawyer and legal team coordinator of the Lawyer’s Guild Mass Defense Committee.

On Monday, the Morton County States Attorney’s office charged 37-year-old Red Fawn Fallis with attempted murder, among other charges, after she allegedly fired three shots at law enforcement on October 27, according to Morton County Sheriff’s Department.

Since Governor Jack Dalrymple’s emergency declaration in August, the state has spent approximately USD 9 million of taxpayer’s money, according to the Morton County Sheriff’s Department.

Standing Rock Sioux Tribe Chairman Dave Archambault II has asked for an official U.S. Department of Justice investigation into the actions of both law enforcement and Dakota Access Pipeline. His plea has been heard in Fargo and city leaders have echoed the call, asking for DOJ boots on the ground at Cannon Ball. Over the weekend, the United Nations and Amnesty International announced plans to visit the Oceti Sakowin to collect information and record testimonies, according to media outlet Indigenous American Network.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“Battle” for Backwater Bridge Ends Peacefully

October 29, 2016 / / 0 Comments

Law enforcement marches toward activist’s line, quarter mile from main camp; Sioux tribal chairmans speak out against DAPL and Energy Transfer Partners 

By C.S. Hagen
CANNON BALL – The battle for Backwater Bridge erupted hours after law enforcement cleared “Treaty Camp,” arresting 142 people and pushing activists back two miles making room for Dakota Access Pipeline construction. Two Dakota Access trucks and one vehicle were set on fire near the bridge; an electronic billboard sat charred between them making the road impassable.

“It was a very active and tense evening as law enforcement worked through the evening to clear protesters from the north camp,” Morton County Sheriff’s Department reported in a press release.

Front line activists at Backwater Bridge - photo by C.S. Hagen

Front line activists at Backwater Bridge – photo by C.S. Hagen

The conflict lasted all night Thursday and by mid-morning Friday tensions were high, activists reported. They were tired, hungry, frustrated, and feeling trapped as DAPL construction crews hurriedly plowed the earth toward the three-mile easement. Between the activists and the DAPL construction crews, at least 10 Humvees, two bearcats, and hundreds of police formed a roadblock.

Activists preparing for armed police - photos by C.S. Hagen

Activists preparing for armed police – photos by C.S. Hagen

“You’re on treaty land,” an activist said to the law enforcement line.

“You are not peaceful,” an officer said through a megaphone. “Look behind you at the DAPL truck.”

“You are not peaceful,” activists said back.

The conversation, yelled back and forth, became taunts.

“Why do you hide behind your bandanas?” the officer asked.

“Because of the pepper spray you use on us,” an activist said. “You aren’t tough. You are disobeying natural law.”

smudging-on-front-lines-photo-by-c-s-hagen

Smudging ceremony at the front line – photo by C.S. Hagen

Smudging ceremonies began. Activists moved particleboard shields into a line north of the bridge. Law enforcement used DAPL workers to begin stringing razor wire across their cement barricade, but stopped, citing the situation was becoming dangerous.

“Drop your guns and come here and fight like men,” an activist said.

Law enforcement said they saw weapons; activists said it was an agitator. One white person was seen sitting in the back of a pickup truck holding a broken toy gun with batteries before the vehicle sped south.

“You must move south,” the officer said. “Everyone, you must understand your decision, if you continue to move forward we will be forced to move you back. Does everyone understand that?”

Law enforcement closing in - photo by C.S. Hagen

Law enforcement closing in – photo by C.S. Hagen

The activists whooped in response, and moved the line forward three steps. Hundreds of law enforcement took formation and began marching downward toward the bridge. Snipers protruding from Humvee tops pointed weapons at the activists. The officer on the megaphone issued a final warning.

And then, a Standing Rock elder, white hair, dressed in a running suit, pipe in hand, stepped between the activists and the police. His sudden appearance quieted both sides.

Elder Miles Allard of Standing Rock approaches police line to negotiate - photo by C.S. Hagen

Elder Miles Allard of Standing Rock approaches police line to negotiate – photo by C.S. Hagen

“We went to ceremony, the medicine people told us, the spirits told us the only way we can win this thing is through prayer and non-violence,” the elder, Miles Allard, owner of the Camp of the Sacred Stone land, said. “We have to be respectful to these people.”

“They need to be respectful to us,” an activist said.

Miles Allard, 25-year-long resident of Standing Rock - photo by C.S. Hagen

Miles Allard, 25-year-long resident of Standing Rock – photo by C.S. Hagen

“That’s true,” Allard said. “Listen, one heart, one mind, one spirit, is what they told us. You’re doing your job by standing here, be non-violent please. The spirits told us we will not win if we do this with violence. The violence comes from them; we have to be able to be brave enough and strong enough in prayer to resist that.

“I talk to you because I love you all, I love this water, that’s what we’re here for, the Mni Wiconi. We stand in solidarity. But we cannot create violence, if we do we’re going to lose.”

An eagle flew overhead and the activists cheered. Police beckoned Allard to their line to parley. He negotiated a deal where both sides could back away, personal property from the Treaty Camp returned to activists, and the county could clear the highway. Treaty Camp was built on land tribal council members reclaimed under their own eminent domain declaration, and on private land formerly owned by Cannon Ball Ranch and sold to Dakota Access LLC on September 23, according to Morton County Sheriff’s Department.

Backwater Bridge - photos by C.S. Hagen

Backwater Bridge – photos by C.S. Hagen

Although the activists were still effectively trapped at Backwater Bridge as they could not proceed to the DAPL construction pathway two miles north, Allard said the deal did not deter their determination to stop the “black snake.”

Activists shouting back at law enforcement on top of burned out DAPL truck - photo by C.S. Hagen

Activists shouting back at law enforcement on top of burned out DAPL truck – photo by C.S. Hagen

“It has no effect at all, we’re just opening up the highway, our determination, our drive, our prayers to save our river, our Missouri River,” Allard said. “I told them we will never back down from that because that’s life and death to us. Our water is very important to us, we cannot live, nothing can live, without water, let alone those that are in the water, the animals that go there, the insects, the land if it gets polluted. My major concern was nobody needed to get hurt here.

“I’ve never before stepped up, because I always pray in the background. That’s my job. I was concerned when I heard what was going on… so I came up here to talk to the people and that’s what I did.”

The decision disappointed some within the activist’s crowd, who had spent the night running, defending themselves and other activists. According to some who were present, activists at times counted coup with law enforcement. Counting coup is a winning prestige tradition against an enemy where the most prestigious acts included touching an enemy warrior with the hand and escaping unharmed.

Activists calling for prayer form human chain to prevent others from marching on law enforcement - photo by C.S. Hagen

Activists calling for prayer form human chain to prevent others from marching on law enforcement – photo by C.S. Hagen

One DAPL security employee armed with an automatic AR-15 was surrounded by activists and then arrested by the Bureau of Indian Affairs after he attempted to drive into the main camp, Dallas Goldtooth said. Goldtooth is a campaign organizer for the Indigenous Environmental Network.

He said he was pepper sprayed on Thursday. Tribal leaders from across the United States were arrested, he said. “They were rounded up and arrested. It was really, really chaotic… Dakota Access is still trying to move ahead with construction.”

Noah Morris, a front line medic, said more than 50 people were treated for pepper spray injuries on Thursday. Twelve people suffered blunt-force injuries from nightsticks and percussion grenades, and another activist had a Taser barb imbedded in his cheek.

Law enforcement also targeted medics on Thursday, Morris said.

Medics waiting at front line - by C.S. Hagen

Medics waiting at front line – by C.S. Hagen

“They arrested two of our medics, forcibly removed myself and my partner by hitting us from the back of our medical vehicle, and the driver was pulled out while the car was still in drive and arrested. So any reports of restraint on behalf of law enforcement from medics’ perspective were completely false and those folks came as instigators, those folks are the problem, they caused the problem.”

Law enforcement also used “stingballs,” he said, projectiles the size of tennis balls used mostly in prison uprisings, packed with hard rubber pellets. When detonated the projectiles release a “large bang” and send pellets in 360 degrees, hitting and stinging anyone nearby. “They were using their whole arsenal of “less-than-lethal” weapons, Morris said.

One woman fired multiple shots at police officers, and two officers received minor injuries after being hit by logs and debris, Morton County Sheriff’s Department reported. At least nine vehicles plus construction equipment were torched, sixty activists’ vehicles were impounded, and seven activists used sleeping dragons to attach themselves to DAPL equipment. Most activists arrested were charged with conspiracy to endanger by fire/explosion, engaging in a riot, and maintaining a public nuisance. Those arrested for using sleeping dragons were arrested for reckless endangerment. Since August 10, 411 people have been arrested with charges related to resisting the Dakota Access Pipeline, according to Morton County Sheriff’s Department. 

Activist woman being arrested - photo provided by Steve Gross

Activist woman being arrested – photo provided by Steve Gross

The arrests included one elder was taken while praying in a sweat lodge, Harold Frazier, chairman of the Cheyenne River Sioux Tribe said. He met with President Obama this week and said he “was a little disappointed” with the results.

“There are no weapons on our side,” Goldtooth said. “The only things we had were our bodies and prayer. At a moment that police were pushing us south, a herd of bison came running over the hills, stampeding, and everyone was ‘wooh,’ letting it out.” Several hundred bison stampeded behind the police line, creating panic, and spurred on by activists on horseback. Police helicopters swooped low, scaring the buffalo away, and the horsemen escaped, Goldtooth said.

The DAPL worker, activists name as Kyle Thompson, just before his arrest - photo provided by Steve Gross

The DAPL worker, activists name as Kyle Thompson, just before his arrest – photo provided by Steve Gross

The armed DAPL security employee was in his vehicle driving toward main camp when activists smashed his car off the road and tracked him into a nearby pond within sight of the main camp. The Bureau of Indian Affairs arrived and arrested the DAPL worker. The incident is under investigation by the Morton County Sheriff’s Department.

“This is just another part of 500 years of colonization and aggression that is predicated upon our oppression,” Goldtooth said. “The question I have to ask… is what’s it going to take for you to take accountability for your law enforcement officers? We’ve seen the lengths they’re willing to go support and back up a multi-billion dollar oil company in the face of peaceful protesters and protectors. We ask for prayers, we ask for thoughts, we ask for guided action from each and every one of you to help us stop this pipeline.”

“We request individuals here to protest the Dakota Access Pipeline to remain at the Seven Councils Fire Camp if they wish to continue lawful and peaceful activities,” Morton County Sheriff Kyle Kirchmeier said in a press release. “We thank also the Standing Rock tribal members and members of the Seven Council Fires Camp for assisting with de-escalating the situation at the Backwater Bridge.”

The north camp, or the Treaty Camp, was turned over to the Morton County Sheriff’s Department.

“There were things that were wrong,” Standing Rock Sioux Tribe Chairman Dave Archambault II said.

“It seems that Energy Transfer Partners is getting protection. We’re standing up for water, and not just for us, we’re standing up for water for everybody. We have the state officials supporting oil protection, we have elected state officials accepting contributions from oil companies. We have police who are militarized… we have unions who are trying to say we’re trying to take jobs away from them.

“Look at Trump who has direct interest in Dakota Access. This is a powerful conglomerate. And what do we have? Who are we? All we have is support, all we have is unity, all we have is our prayers. And it’s strong. We still have a chance. Everyone can still benefit, and everyone can still be happy. It can be done, and everyone will be happy.”

Pipeline route and razor wire off Highway 6 - photo by C.S. Hagen

Pipeline route and razor wire off Highway 6 – photo by C.S. Hagen

Energy Transfer Partners, the parent company of Dakota Access LLC run by oil tycoon Kelcy Warren, is being sued for illegally using dogs that attacked people, and for buying land [Cannon Ball Ranch] they should not have, Archambault said. Archambault also said that the individual arrested by the Bureau of Indian Affairs was an infiltrator, sent by Energy Transfer Partners, and that they have proof he was an employee of Energy Transfer Partners. “These agitators are put there for a reason, to make us look like villains… He had an assault rifle, and he fired it. We are not villains. This is the type of company everyone is protecting. What is driving this company is money and greed.”

Frazier added that he will be seeking charges of attempted murder against the infiltrator as there is video of the individual pointing a weapon at activists. Additionally, when asked for information about the individual he was told he would have to follow regular information protocol.

The U.S. Department of Justice has been to Standing Rock, and will assist in negotiation, according to Archambault. “But no matter how much we come together the company continues to construct… and everyone is protecting them. So they want us to sit down and talk while this company continues construction, and that’s difficult.

“This is not about protectors, not about state law enforcement, it’s about this company. It’s a bad company. Nobody should be protecting this company. We all should be focused on what we can do to protect water, and if we don’t do that, life is no more.”

Helicopter pushing stampeding bison away from police line - photo provided by Standing Rock

Helicopter pushing stampeding bison away from police line – photo provided by Standing Rock

Activists remained unmoved for hours - photo by C.S. Hagen

Activists at Backwater Bridge  – photo by C.S. Hagen

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Officials Storm Treaty Camp, Some Activists Fight Back

October 27, 2016 / / 0 Comments

Molotov Cocktails, bridge burning, and activists say DAPL security fired weapon into crowd

By C.S. Hagen

CANNONBALL – One footstep at a time, law enforcement pushed activists south of their “line in the sand,” overrunning the “Treaty Camp,” and arresting 117 by early evening.

Approximately 250 activists held firm, singing native songs, burning sweetgrass and tobacco, against heavily armed law enforcement. Some chained themselves to approaching machinery. Others yelled back at an officer on a megaphone, who, according to the Indigenous Environmental Network, was telling activists to “stop fighting amongst themselves” and to “stop shooting arrows even if they were fake.”

Law enforcement entering "Treaty Camp - photo by Margaret Landin

Law enforcement entering “Treaty Camp – photo by Margaret Landin

By late afternoon, at least one activist was shot with a Taser in the face, activists reported; others were sprayed with pepper. By nearly 5 p.m., activist and medicine maker Sacheen Seitcham, of the West Coast Women Warrior Media Cooperative, was hit in the chest and in the knee by beanbag rounds fired by law enforcement, she said on her Facebook page. By 6 p.m., Seitcham reported law enforcement started throwing percussion bombs and smoke grenades. Shortly after 6 p.m., Seitcham reported two trucks were on fire, and Governor Jack Dalrymple reported the camp was cleared. Nearing 7 p.m., activist Francine Podenski reported that her 15-year-old nephew who had been shot off his horse was missing. 

Nearing 8 p.m., activists started two fires on the Backwater Bridge, and are throwing Molotov Cocktails at law enforcement, the North Dakota Department of Emergency Services reported. Activists reported that a DAPL security employee shot at them with an AR15, the employee’s vehicle was overrun and burned. 

“I’m standing here in front of tanks and armed police,” Seitcham said, “and they are advancing on us and trying to run us down. They almost ran an elder over.

“They say they don’t want to hurt us, but we don’t believe them. We’re making our stand for clean water.”

The North Dakota Department of Emergency Services reported one private person was run off the road and shot in the hand, and a woman who was being placed under arrest pulled a .38 caliber revolver and fired three shots, narrowly missing law enforcement officials. A total of ten shots were reported in the area, according to Amy Fong, public information officer for the North Dakota Department of Emergency Services.

The camp’s clearing day came one day after Hollywood movie star and activist Mark Ruffalo visited the site.

Militarized police prepare to enter "Treaty Camp" - photo by Sacheen Seitcham

Militarized police prepare to enter “Treaty Camp” – photo by Sacheen Seitcham West Coast Women Warrior Media Cooperative

“You have a corporation and a state who’s working on behalf of a corporation to hurt our people. They’re militarized,” Ruffalo said to CNN. “This is not an emergency, this is not a national emergency. These are peaceful protesters.”

The company was asked weeks ago to voluntarily stop construction by the federal government and President Obama, and yet it hurries toward the Missouri River. “And Governor Dalrymple of North Dakota, if there’s blood on anyone’s hands, it’s on his hands.

“Let me tell you that people are really getting hurt there. It’s scary,” Ruffalo said.

By midafternoon, Humvees and other armored vehicles had infiltrated “Treaty Camp,” which is land the activists reclaimed on Sunday, October 23 under their own eminent domain actions. The land formerly belonged to the Cannon Ball Ranch, and was sold quietly to Dakota Access Pipeline, Morton County Sheriff’s Department reported. The purchase was a move some Peace Garden State officials deem questionable. DAPL crews are closing in quickly on the easement along the Missouri River, and although the U.S. Corps of Engineers has yet to give the oil company permission to construct on their lands, Kelcy Warren, Energy Transfer Partner’s CEO, has sworn repeatedly that the pipeline will be built on time.

Activists were resolute in not giving an inch of ground, but they were slowly pushed back. By 6:30 p.m.,  Dalrymple reported the camp was cleared. Morton County Sheriff’s Department reported activists shot twice at law enforcement.

“To the best of my knowledge we’ve had no serious injuries,” Dalrymple said in a press conference. “The situation has been well handled from start to finish. The really important point is that the sheriff’s office made it very clear that they were being asked to voluntarily go to a different location that is not private property. They had more than ample time yesterday and today to do that. So, those that did not go obviously did not intend to go and we had to deal with that as we have.”

“During the course of moving protesters south, law enforcement officers used a long range acoustic device (LRAD), which transmits a high-pitch tone and is used by law enforcement to disperse crowds,” Morton County Sheriff’s Department reported. “In addition, they they have had to deploy pepper spray due to protesters throwing projectiles at officers and refusing to comply with officer’s orders.”

For the activists, the “line in the sand” was their last stand.

Activist at the frontline - photo by Sacheen Seitcham

Activist at the frontline – photo by Sacheen Seitcham West Coast Women Warrior Media Cooperative

An officer on the megaphone continuously shouted orders for activists to back up, not to approach officers or they would be arrested or sprayed with pepper. Some activists shouted threats, but were reminded to stay peaceful, stay in prayer. A bonfire was lit before noon, which halted law enforcement’s advance.

“The protesters are not being peaceful or prayerful,” Cass County Sheriff Paul Laney said. “Law enforcement has been very methodical in moving ahead slowly as to not escalate the situation. However, the protesters are using very dangerous means to slow us down. Their aggressive tactics include using horses, fire and trying to flank us with horses and people.”

Morton County Sheriff Kyle Kirchmeier’s threats against the activists are not empty.

“Morton County has entrusted me to uphold the law and that is exactly what I intend to do,” Kirchmeier said. “Yet I am being asked by outsiders and millionaire Hollywood actors to let agitators and rioters walk onto private property, destroy equipment, and endanger lives. And, so-called environmentalists are asking me to turn my head and allow this to happen. We have patrolled the county and enforced the law because our number one priority is public safety, separating the unlawful actors from legal protestors.

Activist chained to steering wheel - photo by Sacheen Seitcham

Activist chained to steering wheel – photo by Sacheen Seitcham West Coast Women Warrior Media Cooperative

“This is not about the pipeline. This is not about those who wish to legally protest. This is about the rule of law.”

A message from Shailene Woodley, also a Hollywood movie star and an activist who was arrested by Morton County Sheriff’s Department, strip-searched, and plead not guilty this week to misdemeanor charges, called for support of Standing Rock.

“We must hold firm – those at Standing Rock and we around the planet. This is just the beginning. Not an end. They are losing. The peaceful protests are working, the hate and attacks of the police and military are turning more people against them each minute. We need to continue to document and share the stories as each emerges, even as we stand with Standing Rock.”

 

Officials and Activists Declare “Line in the Sand”

October 26, 2016 / / 0 Comments

Militarized police advance on Highway 1806 blockade; confrontation imminent

By C.S. Hagen
CANNONBALL – Energy Transfer Partners is attempting to pull Morton County’s legal strings. A statement released by the Texas-based company on Tuesday demanded activists to vacate company-owned lands, or face the consequences.

“Lawless behavior will not be tolerated,” the company stated. “Alternatively and in coordination with local law enforcement and county/state officials all trespassers will be prosecuted to the fullest extent of the law and removed from the land.”

In a move many call unlawful and controversial, Dakota Access LLC, a subsidiary of Energy Transfer Partners, quietly purchased 6,000 acres of the Cannon Ball Ranch on September 22, claiming it was needed as a buffer zone for their 1,172-mile-long oil pipeline.

Activists' blockade on Highway 1806 Wednesday, October 26 - photo provided by Morton County Sheriff's Department

Activists’ blockade on Highway 1806 Wednesday, October 26 – photo provided by Morton County Sheriff’s Department

On Sunday, hundreds of activists moved tipis and tents directly into the pipeline’s pathway, and under their own eminent domain laws reclaimed the land in question that was originally theirs according to the Fort Laramie Treaty of 1851. Devastating national disasters that came after the 1944 Pick-Sloan Plan for building flood controlling dams along the Missouri River eventually led to a condemnation suit in 1960 that gave the U.S. Army Corps of Engineers title to lands in the immediate area.

The Cannon Ball Ranch was established in 1883, and was inducted into the North Dakota Cowboy Hall of Fame in 1999. The 20 parcels of the Cannon Ball Ranch previously owned by David and Kathy Meyer, are lands the Standing Rock Sioux claim are sacred, filled with burial grounds, and also where attack dogs led by DAPL security personnel bit at least half a dozen activists.

Seven archaeologists from the State Historical Society of North Dakota conducted a pedestrian survey of a portion of the area, and determined there were no human burial grounds on the land.

“The inventory recorded ten locations where rodent-to-bovine-sized mammal bone fragments and teeth were present,” Chief Archaeologist Paul Picha said in a September 21 report. “No cultural material was observed in the inspected corridor. No human bone or other evidence of burials was recorded in the inventoried corridor.”

An area map provided by the State Historical Society of North Dakota shows the area in question, somewhere between the Meyer’s former land, now purchased by DAPL, its proximity to U.S. Army Corps of Engineers’ land, and the Standing Rock Sioux Reservation.

Recently, Hollywood movie stars, including Mark Ruffalo, Susan Sarandon, and Shailene Woodley, who plead not guilty on Wednesday to misdemeanor charges in Morton County District Court, have been speaking out against the Peace Garden State’s tactics.

Mark Ruffalo, Susan Sarandon, and Shailene Woodley

Mark Ruffalo, Susan Sarandon, and Shailene Woodley are all campaigning against big oil.

“This just has to stop,” Ruffalo said in an Indigenous Environmental Network live feed after being turned away by police barricade near Cannonball. “We’re going to win. I just want to say for anyone with money in this pipeline better start pulling that money out now, in another couple of months they’re going to lose their shirts, because we’re going to kick the crap out of this thing. In a peaceful way.” 

“Not only is it an environmental, but it’s a problem in terms of social justice,” Sarandon told activists at a rally in Los Angeles.

Rev. Jesse Jackson

Rev. Jesse Jackson

Reverend Jesse Jackson also traveled to North Dakota Wednesday to show support to the activists. “I am proud to stand with the people of the Standing Rock Sioux Tribe to say enough is enough,” Jackson said in a press release. “I ask the government to keep its promises, to protect the sacred sites of the tribe and the water that million of Americans count on to survive.” 

“We have the resources, we have the manpower to go down and end this right now. We have that ability,” Cass County Sheriff Paul Laney said. “But what we did today was go down and reach out to the camps.”

Laney, who serves as Morton County Sheriff’s Department operations chief, said he approached the activists at the roadblock, and told them to clear the highway, go back to the Seven Council Fires camps, because the U.S. Army Corps of Engineers doesn’t have a problem with them being there. “And then let’s talk.

“They said absolutely they’re not going to leave, they’re going to draw their line in the sand at 1806. They’re going to make their stand there.”

“Our message was simple, remove the illegal road block, move off the private property, and return to the camp on U.S. Army Corps of Engineers property,” Morton County Sheriff Kyle Kirchmeier said. “Unfortunately, I am very saddened by the response of the protesters’ spokesperson. He repeatedly told our group they we’re ‘not moving’ and that they would hold their ground at the north encampment which is on private property.” 

screen-shot-2016-10-26-at-2-46-09-pm

Cass County Sheriff Paul Laney

He said the Morton County Sheriff’s Department is being depicted as the jack-booted thug, looking for confrontation. “But we don’t want a confrontation. We’re trying everything we can to not have to do that. We’re having our hand forced, and at some point rule of law has to be enforced. We have to defend rule of law.”

Kirchmeier has been in contact with tribal leaders, Laney said. The two-month long misconception that Kirchmeier took ceremonial peace pipes for pipe bombs is wrong. Tribal leaders, Laney said, told Kirchmeier that pipe bombs were being made in the camp.

Since early August, nearly 270 people have been arrested, many of whom were stripped, on misdemeanor and felony charges. 

 

 

Attack Dog Handlers in the Wrong, No Charges Pending, Lawyers Threatened by FBI

October 26, 2016 / / 0 Comments

“Today is the day that they’re going to try and remove everybody”

By C.S. Hagen
MANDAN – An investigation launched by Morton County Sheriff’s Department has proven the dog handlers on September 3 were not properly licensed to perform security work in the Peace Garden State.

But because security personnel cannot be identified, no charges are forthcoming from county law enforcement, according to Morton County Sheriff’s Department.

“Through this investigation it has become evident that many security companies have been hired to do security work for the DAPL pipeline project,” Morton County Captain Jay Gruebele said. “Although lists of security employees have been provided, there is no way of confirming whether the list is accurate or if names have been purposefully withheld.”

Dog handlers have come and gone, Gruebele said, making it impossible to identify who was involved.”

Seven dogs and seven handlers were involved during the September 3 dog attacks, Gruebele said. The attack dogs were deployed in an attempt to keep the activists under control.

The owner of Ohio-based Frost Kennels, a security firm that specializes in guard dogs, said they were at the scene on September 3.

12803132_948036555271881_4242097186663631363_n“We went out there to do a job and we did it,” Bob Frost, the owner, 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 onto my own yard, I’d have the right to shoot them, it’s the law.”

Today, Wednesday, October 26, may be the day Morton County Sheriff Kyle Kirchmeier plans to shut the activists down, Bruce Ellison, a long-term criminal defense lawyer, said. He heard the rumor second hand, and the report needs validation, he said.

“The Sheriff today said that today is the day that they’re going to try and remove everybody,” Ellison said. He is also the legal team coordinator of the Lawyer’s Guild Mass Defense Committee.

Ellison was disappointed with the news that no charges are pending.

“The sheriff’s department seems to be very inclined towards not doing that, not actually seeking to promote charges,” Ellison said. “The whole actions of the law enforcement seem to be geared toward going after people who were the victims rather than the assailants.

Dakota Access Pipeline private security - online sources

Dakota Access Pipeline private security with attack dog on September 3 – online sources

“The wounds that those dogs inflicted were horrific, and completely unnecessary and unprovoked. It is disconcerting that the people who have sworn to protect the people seem more interested in protecting corporations once again.”

The Lawyer’s Guild is preparing litigation. “We don’t intend to let this go. We are also very also concerned about the fact the Sheriff’s Department stood by and watched and the federal authorities at least have taken the position that there is no right to law enforcement protection, which is outrageous.

“It’s part of the systemic problem that people have as they try to exercise their First Amendment rights.

The Federal Bureau of Investigation’s fingerprints are all over the controversy, Ellison said. “This is a domestic security operation, and it was an FBI agent to one of our attorneys who mentioned that they didn’t see any violation of human rights or criminal, and that law enforcement has no obligation to protect people.”

The FBI is also investigating the firm’s lawyers, he said, and delivered an ominous threat.

“The FBI delivered an implicit threat to people out in the fields resisting the pipeline should not be surprised if some landowner shoots them,” Ellison said. “This is very outrageous. People are in the situation where they don’t have anywhere they can turn for protection.”

The entire area surrounding the new camp is militarized, and law enforcement is slowly circling closer, Ellison said. Hundreds of police officers from around the country are being brought in.

The Morton County Sheriff’s Department report has been forwarded to the Morton County State’s Attorney’s office and the North Dakota Private Investigators and Security Board for possible charges. The report also included an evaluation along the pipeline easement where the Standing Rock Sioux Tribe has repeatedly said hold significant sacred sites.

“Morton County is in concurrence with the North Dakota State Archaeologist’s findings that their inspection ‘yielded no evidence of human remains or significant sites’ along the DAPL construction corridor,” Gruebele said.

The Morton County Sheriff’s Department received no information on reports of bite injuries. At least six activists were bitten by dogs, according to Angela Bibens, camp attorney.

In addition, the Federal Aviation Administration instituted a no-fly zone at Cannonball yesterday, citing temporary hazardous conditions. The restrictions start at ground level and up to 4,000 feet, according to the FAA. 

“No pilots may operate an aircraft in the areas covered by this NOTAM,” the FAA reported. The FAA made an exception for aircraft flown by law enforcement for their tactical operation center.

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