Dakota Access Pipeline resister stands with integrity in face of long prison sentence

Dakota Access Pipeline resister stands with integrity in face of long prison sentence

Sentenced to eight years in prison for acts of sabotage, water protector Jessica Reznicek reflects on her faith-driven resistance.

By Cristina Yurena Zerr

This article was first published in the German newspaper taz, and has been translated and edited for Waging Nonviolence.

On June 28, the federal court in Des Moines, Iowa was silent and filled to capacity. Fifty people were there to witness the sentencing of 40-year old Jessica Reznicek, charged with “conspiracy to damage an energy production facility” and “malicious use of fire.” The prosecution, asking for an extended sentence, argued that Reznicek’s acts could be classified as domestic terrorism.

This was not the first time Reznicek had been on trial, but this time she was facing a prison sentence of up to 20 years.

Sitting across from her was U.S. District Court Judge Rebecca Goodgame Ebinger, the prosecutor and an FBI agent. Numerous police officers in bulletproof vests stood around the courtroom. The defendant was called upon to give her closing speech.

In her loud, clear voice, Reznicek told them about her strong connection to the water. In her childhood she regularly went to the river to swim and play. But that’s no longer possible, she said, because the two rivers that run through Des Moines — Iowa’s capital — are now poisoned by agrobusiness pesticides and waste.

It was for these very personal reasons that she decided to fight the construction of the Dakota Access Pipeline, Reznicek told those in attendance. At least eight leaks, she explained, had already occurred in 2017, with 20,983 gallons of crude oil leeching into soils and the waterways. “I was acting out of desperation,” she said, describing her motivations for sabotage.

“Indigenous tradition teaches us that water is life. Scripture teaches that in the beginning, God created the waters and the earth and that it was good.” With these words, she ended her closing argument. The prison sentence followed shortly thereafter: eight years in federal prison, three years of probation, and a restitution of $3,198,512.70 to the corporation Energy Transfer.

The Des Moines River (Cristina Yurena Zerr)

On July 24, 2017 — two years before sentencing — Jessica Reznicek can be seen in a shaky video with her activist partner Ruby Montoya, a former elementary school teacher who was 27 at the time. They stand in front of a group of journalists next to a busy street. The speech they give would drastically change their lives.

After several months of secretly sabotaging one of the country’s most controversial construction projects, the two women, whose paths would later part, went public. “We acted for our children because the world they inherit does not meet their needs. There are over five major bodies of water here in Iowa, and none of them are clean. After having explored and exhausted all avenues of process, including attending public hearings, gathering signatures for valid requests for environmental impact statements, participating in civil disobedience, hunger strikes, marches and rallies, boycotts and encampments, we saw the clear refusal of our government to hear the people’s demands.”

That’s why Reznicek and Montoya burned five machines at a pipeline construction site in Iowa on election night in November 2016. They would later change their methods, using a welding torch to dismantle the pipeline’s surface-mounted steel valves, delaying construction by weeks. “After the success of this peaceful action, we began to use this tactic up and down the pipeline, throughout Iowa,” the two women say.

But no media reported on their activities; the corporation cited other — false — reasons for the delay. When the activists noticed during an action that oil was already flowing in the pipes, they decided to go public, as they had to admit a kind of defeat.

The two women appear clear and determined on this day in the summer of 2017 as they take turns reciting their pre-written text. “If there are any regrets, it is that we did not act enough.” They end their speeches and are led away in handcuffs by three police officers.

Using the slogan “Mni wiconi,” meaning “Water is Life,” in the Lakota (Sioux) language, a broad movement was organized in 2016 against the construction of the Dakota Access Pipeline. The protest of the Standing Rock Sioux tribe garnered national and international attention.

The tribe sees the construction of the pipeline as a threat to their water supply because the pipeline runs under Lake Oahe, which is near the reservation. Other bodies of water are also at risk because the pipeline crosses under rivers and lakes in many places, which could contaminate the drinking water of many people in the event of an accident. In addition, ancient burial sites and sacred places of great cultural value would be threatened by the construction. Opponents of the pipeline speak of ecological racism — not only because Indigenous rights to self-government would be curtailed, but also because the construction of so-called Man Camps (temporary container cities for construction workers who move from other states) would lead to prostitution and an increase in violence against Indigenous women.

Their government — the Sioux Tribe is a sovereign nation — issued a resolution back in 2015 saying the pipeline “poses a serious risk to the very survival of our tribe and […] would destroy valuable cultural resources.” Construction would also break the Fort Laramie Treaty, which guarantees them the “undisturbed use and occupation” of reservation land. But their arguments went unheard by both the company and the government.

The operating company said the pipeline would not harm the environment, would not affect Indigenous rights and would not pose a threat to drinking water supplies. But the protest, which stretches across several states along the pipeline, has developed into one of the largest environmental movements in the United States. Native Americans from different nations and reservations are joining, along with landowners, environmental organizations and left-wing autonomous movements.

Reznicek first heard about the pipeline when she was released from prison six years ago, after serving a two-month stint for her protest against a U.S. military weapons contractor in Omaha, Nebraska. An organizer from Standing Rock had come to Des Moines to mobilize people for the protest. “I decided that I wanted to learn more about Indigenous ceremony, understanding that I am a white person, I cannot just go in and express my demands. And I also wanted to focus on stopping the Dakota Access Pipeline Project. So I drove up to Standing Rock.”

Water Protector sentenced to 8 years in Federal Prison for actions to stop the Dakota Access Pipeline

Water Protector sentenced to 8 years in Federal Prison for actions to stop the Dakota Access Pipeline

For Immediate Release Thursday, July 1st, 2021

Editor’s note: If anyone should still have any doubts that we are living in CORPORATE FASCISM, this is imminent proof.

From the statement by Jessica and Ruby when they openly admitted and took full credit for carrying out eco-sabotage:
“Some may view these actions as violent, but be not mistaken. We acted from our hearts and never threatened human life nor personal property,” Montoya said. “What we did do was fight a private corporation that has run rampant across our country, seizing land and polluting our nation’s water supply. You may not agree with our tactics, but you can clearly see their necessity in light of the broken federal government and the corporations they represent.”

Contact: freejessicareznicek@gmail.com


Des Moines, IA –On Wednesday Federal Judge Rebecca Goodgame Ebinger sentenced Jessica Reznicek to 8 years in prison, followed by 3 years supervised probation, and a restitution of $3,198,512.70 paid to Energy Transfer LLC for the actions she took in 2016 to stop the Dakota Access Pipeline.

“I am saddened to be preparing for prison following today’s sentencing hearing. My spirit remains strong, however, as I feel held in love, support and prayer by so many near and far. Regardless of my sentence I am hopeful that movements to protect the water live on in the struggles against Line 3 and the Mountain Valley Pipelines.”
Jessica Reznicek

The judge sided with the Federal prosecutors and applied a domestic terrorism enhancement to Jessica’s case. The enhancement originated in the Bush era Patriot Act, which expanded the definition of terrorism to cover “domestic,” as opposed to international, terrorism. Theprosecutor requested the enhancement claiming that Jessica’s acts of resistance were “violent”, “dangerous”, and sought to “intimidate the government”. The judge decided that this argument provided enough evidence to substantiate the enhancement, saying it was necessary to discourage others from taking similar actions.

The enhancement increases Jessica’s sentence, but also has far reaching implications for broader social justice movements. This use of this enhancement interprets non-violent actions that challenge corporate profit as acts of terror against the government.

On today’s decision one of Jessica’s attorneys Bill Quigley stated, “Unfortunately, actions to protect our human right to water were found to be less important than the profit and property of corporations which are destroying our lands and waters. For a country which was founded by the rebellion of the Boston Tea Party this is extremely disappointing. But the community of resistance will no doubt carry on. And history will judge if Jessica Reznicek is a criminal or a prophet. Many of us are betting she’s a prophet.”

In her statement to the court Jessica highlighted how the water system for her hometown of Des Moines is on the verge of collapse. The city water department has admitted that both the Des Moines and Racoon rivers are so polluted and low that in the upcoming weeks they might not be able to continue to use them to supply the capital with drinking water. Meanwhile “victim” in this case Energy Transfer Partners and its subsidiaries are responsible for 313 reported spills since 2012 on liquid lines, 35 caused water contamination. In the last 5 years the company had more accidents harming people or the environment than any other operator.

Jessica will remain on house arrest until she has to self-report for her sentence and plans to file an appeal within the 14 day window allowed by the court.

###

#FreeJessica #WaterIsLife #NoDAPL

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Biden Administration/Army Corps Allows Illegal Dakota Access Pipeline to Continue to Flow Despite Impacted Indigenous Opposition

Biden Administration/Army Corps Allows Illegal Dakota Access Pipeline to Continue to Flow Despite Impacted Indigenous Opposition

For Immediate Release:
Press Contact: Jennifer K. Falcon, jennifer@ienearth.org, 218-760-9958

___________________________________________________________________________

Washington D.C. (April 9th, 2021)- The Army Corp announced today that they will not be shutting down the Dakota Access pipeline despite it lacking the proper operating and environmental permits. This move continues to ignore the treaties and voices of the Standing Rock Tribal Nation who have been vocal about their opposition to the pipeline for over five years. The decision comes on the heels of the Standing Rock Youth Council taking over the streets of to D.C. last week with a 318-foot-long snake to deliver 400,000 petition signatures in support of shutting DAPL down to the Army Corps.
 
The federal judge overseeing the case announced he will be making a decision on whether he will order the pipeline to be shut down or not by April 19th, 2021.
 
Quotes:
Joye Braun, IEN DAPL Frontline Organizer, Cheyenne River Sioux Nation Citizen: “It is imperative that the Biden administration shut down DAPL now. The Army Corps of Engineers should not twist the rule of law to favor big oil interests and further spit on the nation-to-nation relationship between tribal nations and the US Government. The Biden Administration needs to do the right thing and stop this illegal pipeline. Why allow something illegal to continue? Set the example, honor the treaties, and show that the rule of law is greater than oil corporate interests. We will no longer accept being the sacrificial lamb for corporate raping of our Mother Earth and her water.”
 
Maya Monroe Runnels-Black Fox, Co-chair of the Standing Rock Youth Council: “It’s been a long hard five years, but we are the defenders of the land and protectors of this water. The youth will continue on fighting these black snakes for our people and the next 7 generations to come. President Joe Biden needs to act now and keep his promise to be a climate president.”

Waniya Locke, Standing Rock Grassroots: “The Army Corps of Engineers and Biden have the authority to shut down the illegal Dakota access pipeline and protect 10 million people’s drinking water. Inaction is no longer acceptable behavior when we are in a climate crisis. Our tribal sovereignty can save 10 million people drinking water, if the Amry Corps respected our sovereignty.”
 
Tasina Sapa Win Smith, Cheyenne River Grassroots Collective:
“The Biden administration and ACOE have declared another battle with the Oceti Sakowin First Nations people by allowing the illegal continuation of dirty oil to flow through the Dakota Access Pipeline. Biden’s inaction to protect our fragile ecosystems, natural resources, traditional medicines, and indigenous rights is a clear sign that this administration is the exact opposite of the climate leadership narrative they promised to lead during his campaign. As Indigenous people, it is our inherent right to protect our natural resources and future generations. With that said, the Lakota, Dakota, and Nakota people are ready to take courage by putting our unarmed bodies on the line and freedoms at risk to stop this ongoing injustice against our nation and all of Turtle Island. That is what true climate leadership takes — courage. Biden, be bold.”

###
Established in 1990, The Indigenous Environmental Network is an international environmental justice nonprofit that works with tribal grassroots organizations to build the capacity of Indigenous communities. I EN’s activities include empowering Indigenous communities and tribal governments to develop mechanisms to protect our sacred sites, land, water, air, natural resources, the health of both our people and all living things, and to build economically sustainable communities.
Learn more here: ienearth.org
Eco-Sabotage: Two Women Admit to Sabotaging Dakota Access Pipeline

Eco-Sabotage: Two Women Admit to Sabotaging Dakota Access Pipeline

JULY 24, 2017 — Two activists have come forward and admitted to multiple acts of eco-sabotage against the Dakota Access Pipeline in Spring 2017. Several of these incidents had been previously hidden from the public. Much of the sabotage took place with minimal equipment and training, and during broad daylight.

The women have come forward in the hope that others will support and be inspired by their actions.

They have currently been arrested on a lesser charge, and the FBI is investigating. Deep Green Resistance is reaching out via our Political Prisoner / Prisoner of War Support Group and aims to provide whatever assistance possible.

This is a developing story and more news will be coming soon. Press release follows:


The Dakota Access Pipeline is an issue that affects this entire nation and the people that are subject to its rule. With DAPL we have seen incredible issues regarding the rule of law, indigenous sovereignty, land seizures, state sanctioned brutality, as well as corporate protections and pardons for their wrongdoings. To all those that continue to be subjected to the government’s injustices, we humbly stand with you, and we ask now that you stand with us.

Federal courts gave corporations permission to lie and withhold information from the public resulting in a complete media blackout. So, after recently being called by the Intercept, an independent media outlet, regarding illegal surveillance by the Dakota Access Pipeline and their goons, we viewed this as an opportunity to encourage public discourse surrounding nonviolent direct action as well as exposing the inadequacies of the government and the corporations they protect.

After having explored and exhausted all avenues of process, including attending public commentary hearings, gathering signatures for valid requests for Environmental Impact Statements, participating in Civil Disobedience, hunger strikes, marches and rallies, boycotts and encampments, we saw the clear deficiencies of our government to hear the people’s demands.

Instead, the courts and public officials allowed these corporations to steal permissions from landowners and brutalize the land, water, and people. Our conclusion is that the system is broken and it is up to us as a individuals to take peaceful action and remedy it, and this we did, out of necessity.

We acted for our children and the world that they are inheriting is unfit. There are over five major bodies of water here in Iowa, and none of them are clean because of corporation’s flagrant irresponsibility, and now another wishes to poison literally millions of us irreparably by putting us all at risk of another major catastrophe with yet another oil spill. DAPL has already leaked, and it will continue do so until the oil is shut off and the pipes are removed from the ground.

On election night 2016, we began our peaceful direct action campaign to a Dakota Access construction site and burned at least 5 pieces of heavy machinery in Buena Vista County, IA. Details regarding this action are attached to this statement below. This was information which was not shared with the public. We recognize that our action wasn’t much, but we at least stopped construction for a day at that particular site.

We then began to research the tools necessary to pierce through 5/8 inch steel pipe, the material used for this pipeline. In March we began to apply this self-gathered information. We began in Mahaska County, IA, using oxy-acetylene cutting torches to pierce through exposed, empty steel valves, successfully delaying completion of the pipeline for weeks. After the success of this peaceful action, we began to use this tactic up and down the pipeline, throughout Iowa (and a part of South Dakota), moving from valve to valve until running out of supplies, and continuing to stop the completion of this project. More information on these actions is followed at the end of this statement.

These actions of great public interest were hardly reported and the federal government and Energy Transfer Partners colluded together to lie and withhold vital information to the public.

We then returned to arsonry as a tactic. Using tires and gasoline-soaked rags we burned multiple valve sites, their electrical units, as well as additional heavy equipment located on DAPL easements throughout Iowa, further halting construction.

Later, in the first week of May we attempted yet again to pierce a valve located in Wapallo County, IA with an oxy-acetylene cutting torch. It was at this time we discovered oil was flowing through the pipe. This was beyond disheartening to us, as well as to the nation at large. This event was again hidden from the public and replaced with lies about “ditch depressions”.

We stand here now today as witnesses of peaceful, nonviolent direct action. Our actions have been those of necessity and humility. We feel we have done nothing to be ashamed of. For some reason the courts and ruling government value corporate property and profit over our inherent human rights to clean water and land.

We are speaking publicly to empower others to act boldly, with purity of heart, to dismantle the infrastructures which deny us our rights to water, land and liberty. We as civilians have seen the repeated failures of the government and it is our duty to act with responsibility and integrity, risking our own liberty for the sovereignty of us all.

Some may view these actions as violent, but be not mistaken. We acted from our hearts and never threatened human life nor personal property. What we did do was fight a private corporation that has run rampantly across our country seizing land and polluting our nation’s water supply. You may not agree with our tactics, but you can clearly see the necessity of them in light of the broken federal government and the corporations they protect.

We do not anticipate a fair trial but do expect our loved ones to undergo harassment from the federal government and the corporations they protect. We urge you to not speak one word to the federal government and stand firm in order to not be oppressed further into making false, but self-incriminating statements. Film these interactions. There are resources as to what to do if the federal agents appear at your doorstep, educate and protect yourself.”

It is unfortunate to have to prepare for such things, but this is the government that rules, which continues to look more and more like a Nazi, fascist Germany as each day passes. We salute the people.

Details of our peaceful direct action are as follows. We hope this information helps inspire others to act boldly and peacefully, and to ease any anxieties to perceptions held that the state and these corporations are somehow an “omniscient” and “undefeatable” entity.

After studying intuitively how fires work, and the material of the infrastructures which we wished to halt (metal) we learned that the fire had to be hot enough to melt steel — and we have learned typical arsonry is not always the most effective means, but every action is a thorn in their side.

On election night, knowing that gasoline burns quickly, but does not sustain by itself, we added motor oil (which burns at a higher temperature and for longer) and rags to coffee canisters and placed them on the seats of the machinery, piercing the coffee canisters once they were in place and striking several matches, anticipating that the seats would burn and maintain a fire long enough to make the machines obsolete. One canister did not light, and that is unfortunate, but five out of six ain’t bad.

As we saw construction continue, we realized that pipe was going into the ground and that our only means to obstruct further corporate desecration was somehow to pierce through the empty steel pipes exposed at the numerous valve sites. We learned that a welding torch using oxygen and acetylene was the proper tool. We bought the equipment outside of our city in efforts to maintain anonymity as our goal was to push this corporation beyond their means to eventually abandon the project. We bought kits at Home Depot and the tanks at welding supply stores, like Praxair and Mathesons. Having no experience with welding equipment before, we learned through our own volition and we were able to get the job down to 7 minutes.

In our particular circumstances, we learned that scouting often hindered our ability to act in windows of opportunity. So, we went with our torches and protective gear on, and found numerous sites, feeling out the “vibe” of each situation, and deciding to act then and there, often in broad daylight. Trust your spirit, trust the signs.

Having run out of supplies (the tanks) we decided to return to arsonry because every action counts. We used gasoline and rags along with tires (as tires burn a nice while, once a steady fire within them burns) to multiple DAPL sites and equipment.

We were able to get more supplies shortly after and returned to a valve site in Wapello County to act again. It was then we discovered that oil was flowing through the pipeline. This was not reported to the public, instead a story of “ditch depressions” was reported to the public in Wapello County as the reason to why the pipeline continued to be delayed.

It is because of these lies we choose to come out publicly, to set the record straight, and be open about these peaceful and viable tactics against corporate atrocities.

If there are any regrets, it is that we did not act enough.

Please support and stand with us in this journey because we all need this pipeline stopped.

Water is Life, oil is death.

Jessica Reznicek and Ruby Montoya

Security Firm Running Dakota Access Pipeline Intelligence Has Ties to U.S. Military Work in Iraq and Afghanistan

Security Firm Running Dakota Access Pipeline Intelligence Has Ties to U.S. Military Work in Iraq and Afghanistan

     by Steve Horn / Desmog

TigerSwan is one of several security firms under investigation for its work guarding the Dakota Access pipeline in North Dakota while potentially without a permit. Besides this recent work on the Standing Rock Sioux protests in North Dakota, this company has offices in Iraq and Afghanistan and is run by a special forces Army veteran.

According to a summary of the investigation, TigerSwan “is in charge of Dakota Access intelligence and supervises the overall security.”

The Morton County, North Dakota, Sheriff’s Department also recently concluded that another security company, Frost Kennels, operated in the state while unlicensed to do so and could face criminal charges. The firm’s attack dogs bit protesters at a heated Labor Day weekend protest.

Law enforcement and private security at the North Dakota pipeline protests have faced criticism for maintaining a militarized presence in the area. The American Civil Liberties Union (ACLU) and National Lawyer’s Guild have filed multiple open records requests to learn more about the extent of this militarization, and over 133,000 citizens have signed a petition calling for the U.S. Department of Justice to intervene and quell the backlash.

The Federal Aviation Administration has also implemented a no-fly zone, which bars anyone but law enforcement from flying within a 4-mile radius and 3500 feet above the ground in the protest area. Dallas Goldtooth, an organizer on the scenes in North Dakota with the Indigenous Environmental Network, said on Facebook thatDAPL private security planes and choppers were flying all day” within the designated no-fly zone.

Donnell Hushka, the designated public information officer for the North Dakota Tactical Operation Center, which is tasked with overseeing the no-fly zone, did not respond to repeated queries about designated private entities allowed to fly in no-fly zone airspace.

What is TigerSwan?

TigerSwan has offices in Iraq, Afghanistan, Jordan, Saudi Arabia, India, and Latin America and has headquarters in North Carolina. In the past year, TigerSwan won two U.S. Department of State contracts worth over $7 million to operate in Afghanistan, according to USASpending.gov.

TigerSwan, however, claims on its website that the contract is worth $25 million, and said in a press release that the State Department contract called for the company to “monitor, assess, and advise current and future nation building and stability initiatives in Afghanistan.” Since 2008, TigerSwan has won about $57.7 million worth of U.S. government contracts and subcontracts for security services.

Company founder and CEO James Reese, a veteran of the elite Army Delta Force, served as the “lead advisor for Special Operations to the Director of the CIA for planning, operations and integration for the invasion of Afghanistan and Operation Enduring Freedom” in Iraq, according to his company biography. Army Delta partakes in mostly covert and high-stakes missions and is part of the U.S. Joint Special Operations Command (JSOC), the latter well known for killing Osama Bin Laden.

One of TigerSwan’s advisory board members, Charles Pittman, has direct ties to the oil and gas industry. Pittman “served as President of Amoco Egypt Oil Company, Amoco Eurasia Petroleum Company, and Regional President BP Amoco plc. (covering the Middle East, the Caspian Sea region, Egypt, and India),” according to his company biography.

“Sad, But Not Surprising”

Investigative journalist Jeremy Scahill told Democracy Now! in a 2009 interview that TigerSwan did some covert operations work with Blackwater USA, dubbed the “world’s most powerful mercenary army” in his book by the same name. Blackwater has also guarded oil pipelines in central Asia, according to Scahill’s book.

Reese advised Blackwater and took a leave of absence from TigerSwan in 2008 in the aftermath of the Nisour Square Massacre, a shooting in Iraq conducted by Blackwater officers which saw 17 Iraqi civilians killed. TigerSwan has a business relationship with Babylon Eagles Security Company, a private security firm headquartered in Iraq which also has had business ties with Blackwater.

“It is sad, but not surprising, that this firm has ties to the US interventions in Afghanistan and Iraq,” Medea Benjamin, co-founder of the women-led peace group CODEPINK and the co-founder of the human rights group Global Exchange, told DeSmog. “It is another terrifying example of how our violent interventions abroad come home to haunt us in the form of repression and violation of our civil rights.”

The North Dakota Bureau of Criminal Investigation and the Private Investigation and Security Board are also conducting parallel investigations to the one recently completed by Morton County. TigerSwan did not comment on questions posed about their contract.

Featured image credit: Flickr / Chuck Holton