Tag: charges

FBI’s Joint Terrorism Task Force Targets Standing Rock Activist

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

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

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

Aaron Pollitt – from Facebook page

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State Drops Attempted Murder Charge Against No DAPL Activist

Federal prosecutors pick up first DAPL-related case with new charge; governor orders emergency evacuation of Oceti Sakowin

By C.S. Hagen
BISMARCK
– State charges were dropped against Red Fawn Fallis Monday, but felony charges were filed against the No DAPL activist in federal court.

“This is the first DAPL-related case we’ve had in federal court,” Head Federal Public Defender for North and South Dakota Neil Fulton said.

The state dropped the attempted murder charge against Fallis, according to Morton County Clerk of Court. Instead, she will be tried for possession of a firearm as a convicted felon in the U.S. District Court for the District of North Dakota, according to Fulton. Fallis faces a maximum penalty of 10 years imprisonment if proven guilty.

Chris Bellmore, of the Federal Public Defender’s Office, was assigned to Fallis’ case.

Red Fawn Fallis - online sources

Red Fawn Fallis – online sources

Fallis, 47, still faces misdemeanor charges in Morton County, which include disorderly conduct, criminal trespass, and maintaining a public nuisance, according to Morton County Clerk of Court. She is being held by U.S. Marshals, and under no bond at this time, Fulton said.

Friends, family, and supporters maintain the Denver woman’s innocence, and her name has become a rallying cry during many protests inside Bismarck and Mandan. Signs demanding her release are stretched out along the fence surrounding Oceti Sakowin, or the Seven Council Fires camp.

Some supporters online stated her case should be moved out of state. Many called her “their hero,” while others declared they would wear red in support of Fallis.

Fallis allegedly fired three shots at law enforcement officers after they tackled her while she resisted arrest, according to affidavits released by the South Central Judicial Court.

Pennington County Sheriff’s Department deputies Rusty and Thad Schmit stated in an affidavit they saw a female, later identified as Fallis, acting disorderly, and when she walked away from the group the two deputies approached her and “took Red Fawn Fallis to the ground.”

During the struggle, deputies gave no indication as to where the handgun came from. Fallis did not have the gun in her hand when she was tackled, and the officers involved believe that Fallis was able to retrieve the gun when one of the deputies stopped pulling on her left arm, according to the affidavit.

Activists and freinds of Red Fawn Fallis say she is innocent - photo by C.S. Hagen

Activists and freinds of Red Fawn Fallis say she is innocent – photo by C.S. Hagen

Two gunshots were fired quickly, one bullet striking the ground close to a deputy’s knee, according to the affidavit. One of the deputies saw the handgun in her left hand and struggled with her over the gun, according to the affidavit. A third shot was fired, and the weapon was retrieved after assistance from other officers.

According to the affidavit, Fallis said she “was trying to pull the gun out of her pocket and the deputies jumped her and the gun went off.” During transport, she also allegedly said law enforcement was lucky she didn’t shoot them all, according to the affidavit.

Morton County Sheriff’s Department reported on October 27 that the northern Treaty Camp was emptied because activists refused to leave after repeated requests. A total of 561 people have been arrested since early August. Morton County Sheriff’s Department has spent in excess of USD 10 million, and approximately 1,300 officers have assisted from 25 North Dakota counties, 20 cities, and nine states.

Snow at Oceti Sakowin - photo by Leland B Benoist

Snow at Oceti Sakowin – photo by Leland B Benoist

The day after Thanksgiving, the U.S. Army Corps of Engineers issued a 10-day warning to Standing Rock tribal leaders to evacuate Oceti Sakowin, which is currently on federal lands. Eight days remain before those remaining on federal lands may be subject to arrest.

Despite repeated requests by state leaders, including Governor Jack Dalrymple, Congressman Kevin Cramer R-N.D., senators John Hoeven R-N.D., and Heidi Heitkamp R-N.D., the Army Corps has relaxed its stance saying that it has no plans to use force to evacuate Army Corps lands, including activist and DAPL employees, after December 5. The Dakota Access Pipeline runs along Army Corps lands its entire length in North Dakota, according to Julie Fedorchak, the public service commissioner.

Dalrymple is “frustrated at every level,” he said at a press conference, and on Monday issued an emergency “mandatory evacuation” order to safeguard against harsh winter conditions of all persons residing on Army Corps lands.

“These persons are ordered to leave the evacuation area immediately, and are further ordered not to return to the evacuation area,” Dalrymple said. “The definition of the evacuation area shall remain in effect even if the United States Army Corps of Engineers redefines or removes these prohibited areas.

“All persons in the evacuation area shall take all their possessions with them upon their evacuation. Any action or inaction taken by any party which encourages persons to enter, reenter, or remain in the evacuation area will be subject to penalties as defined in law.”

Dalrymple further added his office has the executive power to issue the warning on Army Corps lands in order to avert a possible disaster, and that anyone who chooses to disregard the order will stay at their own risk.

“I direct state agencies, emergency service officials, and nongovernmental organizations to reduce threats to public safety by not guaranteeing the provision of emergency and other governmental and nongovernmental services in the evacuation area, unless otherwise approved by a case by case basis by the Morton County Sheriff or Superintendent of the Highway Patrol.

“The general public is hereby notified that emergency services probably will not be available under current winter conditions.”

Cecily Fong, of the North Dakota Department of Emergency Services, said no law enforcement or National Guard will be used to enforce the governor’s order. DAPL employees are not subject to the order, according to Fong, as they are not camping in the elements.

Standing Rock and supporters have stated they’re not going anywhere. The land in question falls under the 1851 Treaty of Fort Laramie and was taken away by the Army Corps after it was condemned due to the devastating effects of the Pick-Sloan legislation.

“The Army Corps of Engineers is seeking a peaceful and orderly transition to a safer location, and has no plans for forcible removal,” U.S. Army Corps of Engineers Omaha District Commander John W. Henderson said in press release. “But those who choose to stay do so at their own risk as emergency, fire, medical, and law enforcement response cannot be adequately provided in these areas.”

Additionally, more than 1,500 veterans with Veterans for Standing Rock are planning to arrive at Oceti Sakowin on December 4, according to the Veterans for Standing Rock’s Facebook page.

 

 

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