Preparing National Guards for Protests: Foresight or Suppression?

Preparing National Guards for Protests: Foresight or Suppression?

by | Jan 30, 2023 | Biodiversity & Habitat Destruction, Direct Action, NEWS, Repression at Home

Editor’s Note: A week after the killing of a land-defender, the Governer of Georgia has signed an executive order to prepare national guards for protests against police brutality. Georgia has one of the highest incarceration rates in US. The protestors were defending a forest that was ordered to be cut down to build a “Cop City.” The protestors had set up camps and treehouses, which were being demolished by the cops before Tortuguita, the land-defender was shot. While the police claim that the victim had first attacked the police, it remains disputed by other demonstrators.

As a resistance gets more effective, the powerful use all means necessary to crush the resistance. Police crackdown is one of those tactics. Some activists, regardless of their dedication, may not be in a position to bear it for one reason or another. There will be others who are prepared to be on the frontline. Good organizing includes preparing the frontliners for any anticipated events.

While the move comes after law enforcement in Georgia killed a “Cop City” protester, one official said it is a “purely precautionary” measure before the anticipated release of video footage from an arrest in Tennessee.

By Jessica Corbett/Common Dreams

Republican Georgia Gov. Brian Kemp on Thursday signed an executive order declaring a state of emergency through at least February 9 that will enable him to deploy up to 1,000 National Guard troops “as necessary.”

The order follows protests in Atlanta after 26-year-old forest defender Manuel “Tortuguita” Teran was shot dead last week during a multi-agency raid on an encampment to oppose construction of Cop City, a nearby law enforcement training center. The Georgia Bureau of Investigation (GBI), which is investigating the case, has said Teran was killed after he shot and wounded a state trooper.

While the order begins by stating that “protests turned violent in downtown Atlanta” last Saturday, The Atlanta Journal-Constitution reported that Kemp’s aides signaled that the move was not about the Cop City demonstrations but rather in anticipation of any potential response to video footage from Memphis, Tennessee showing the arrest of Black motorist Tyre Nichols.

As Common Dreams reported earlier Thursday, five fired Memphis cops were charged with second-degree murder and other crimes related to Nichols’ death. Footage of the 29-year-old’s arrest is expected to be released sometime after 6:00 pm local time on Friday.

“We understand the executive order is purely precautionary based on possible unrest following the release of the videos from Memphis,” an official in Georgia with direct knowledge of the situation told the AJC. “There are no immediate intentions to deploy the guard.”

The Atlanta Police Department also mentioned the Memphis case in a statement Thursday:

We are closely monitoring the events in Memphis and are prepared to support peaceful protests in our city. We understand and share in the outrage surrounding the death of Tyre Nichols. Police officers are expected to conduct themselves in a compassionate, competent, and constitutional manner and these officers failed Tyre, their communities, and their profession. We ask that demonstrations be safe and peaceful.

In a series of tweets Thursday, the Atlanta Community Press Collective named several people killed by law enforcement in recent years and suggested that Kemp’s order is about “trying to instill fear in anyone who stands up against police brutality.”

Meanwhile, national groups and progressive lawmakers have echoed local demands for an independent probe in Teran’s case.

The Georgia Bureau of Investigation has highlighted that it is separate from the Georgia State Patrol and said that GBI “is conducting an independent investigation,” after which it will “turn the investigative file over to the prosecutor.” The agency noted Wednesday that DeKalb County District Attorney Sherry Boston has recused herself from the case so a special prosecutor will be assigned.

Some have pushed back against the “police narrative” that the “corporate media has ran away with” for Teran’s case, as forest defender Kamau Franklin told Democracy Now! last week, adding that “we find it less than likely that the police version of events is what really happened.”

“And that’s why we’re calling for an independent investigation, not one that’s done by the Georgia Bureau of Investigation, not one that’s done by any federal authority, but a complete independent investigation,” Franklin said, “because that’s the only way we’re going to know what really happened.”

Featured image by Levi Meir Clancy via Unsplash

Dave Foreman and the First Green Scare Case

Dave Foreman and the First Green Scare Case

by | Nov 14, 2022 | ACTION, Property & Material Destruction, Repression at Home

Editor’s note: Any movement, if effective in challenging the status quo, is bound to face persecution from the state. The persecution may come in many forms, from defamation, to legal action, to outright murder. The twenty year long COINTELPRO program was run by the FBI to destabilize many movements including African-American, Native Americans and communist movements across the United States. A variety of methods was used to achieve the goal.

The Green Scare is the set of tactics used by FBI in the early twenty-first century to discredit and persecute the radical environmental movement. The following article discusses the Green Scare, putting it in context of the recent demise of Dave Foreman, a found of Earth First! and an early target of Green Scare.

By Jeffrey St. Clair – Joshua Frank/CounterPunch

Dave Foreman, whose vision spawned a radical wave of the US environmental movement, passed away this week at the age of 74 in Albuquerque, New Mexico. He was controversial, he was stubborn, but he wasn’t one to compromise the fight to save wilderness and open space. The following piece on Foreman’s foray with federal law enforcement first appeared in our book, The Big Heat: Earth on the Brink. – Jeffrey St. Clair & Joshua Frank

Dave Foreman, co-founder of Earth First!, awoke at five in the morning on May 30, 1989, to the sound of three FBI agents shouting his name in his Tucson, Arizona home. Foreman’s wife Nancy answered the door frantically and was shoved aside by brawny FBI agents as they raced toward their master bedroom where her husband was sound asleep, naked under the sheets, with plugs jammed in his ears to drown out the noise of their neighbor’s barking Doberman pincher. By the time Foreman came to, the agents were surrounding his bed in bulletproof vests wielding .357 Magnums.

He immediately thought of the murder of Fred Hampton in Chicago, expecting to be shot in cold blood. But as Foreman put it, “Being a nice, middle-class honky male, they can’t get away with that stuff quite as easily as they could with Fred, or with all the Native people on the Pine Ridge Reservation back in the early 70s.”

So instead of firing off a few rounds, they jerked a dazed Foreman from his slumber, let him pull on a pair of shorts, and hauled him outside where they threw him in the back of an unmarked vehicle. It took over six hours before Foreman even knew why he had been accosted by Federal agents.

Foreman’s arrest was the culmination of three years and two million tax dollars spent in an attempt to frame a few Earth First! activists for conspiring to damage government and private property. The FBI infiltrated Earth First! groups in several states with informants and undercover agent-provocateurs. Over 500 hours of tape recordings of meetings, events, and casual conversations had been amassed. Phones had been tapped and homes were broken into. The FBI was doing its best to intimidate radical environmentalists across the country, marking them as a potential threat to national security.

It was the FBI’s first case of Green Scare.

The day before Foreman was yanked from bed and lugged into the warm Arizona morning, two so-called co-conspirators, biologist Marc Baker and antinuclear activist Mark Davis were arrested by some 50 agents on horseback and on foot, with a helicopter hovering above as they stood at the base of a power line tower in the middle of desert country in Wenden, Arizona, 200 miles northwest of Foreman’s home. The next day Peg Millet, a self-described “redneck woman for wilderness,” was arrested at a nearby Planned Parenthood where she worked. Millet earlier evaded the FBI’s dragnet.

Driven to the site by an undercover FBI agent, the entire episode, as Foreman put it, was the agent’s conception. Foreman, described by the bureau as the guru and financier of the operation, was also pegged for having thought up the whole elaborate scheme, despite the fact that their evidence was thin.

Back in the 1970s, the FBI issued a memo to their field offices stating that when attempting to break up dissident groups, the most effective route was to forget about hard intelligence or facts. Simply make a few arrests and hold a public press conference. Charges could later be dropped. It didn’t matter; by the time the news hit the airwaves and was printed up in the local newspapers, the damage had already been done.

It was the FBI’s assertion that the action stopped by the arrests under that Arizona power line in late May 1989, was to be a test run for a much grander plot involving Davis, Baker, Millet, and the group’s leader, Dave Foreman. The FBI charged the four with the intent to damage electrical transmission lines that lead to the Rocky Flats nuclear weapons facility in Colorado.

“The big lie that the FBI pushed at their press conference the day after the arrests were that we were a bunch of terrorists conspiring to cut the power lines into the Palo Verde and Diablo Canyon nuclear facilities in order to cause a nuclear meltdown and threaten public health and safety,” explained Foreman.

In the late 1980s, the FBI launched operation THERMCON in response to an act of sabotage of the Arizona Snowbowl ski lift near Flagstaff, Arizona that occurred in October 1987, allegedly by Davis, Millet, and Baker. Acting under the quirky name, Evan Mecham Eco-Terrorist International Conspiracy (EMETIC) — the eco-saboteurs wrecked several of the company’s ski lifts, claiming that structures were cutting into areas of significant biological importance.

This was not the first act the group claimed responsibility for. A year prior EMETIC sent a letter declaring they inflicted damage at the Fairfield Snow Bowl near Flagstaff. The group’s letter also included a jovial threat to “chain the Fairfield CEO to a tree at the 10,000-foot level and feed him shrubs and roots until he understands the suicidal folly of treating the planet primarily as a tool for making money.”

The group used an acetylene torch to cut bolts from several of the lift’s support towers, making them inoperable. Upon receiving the letter, the Arizona ski resort was forced to shut down the lift in order to do repairs, which rang up to over $50,000.

But the big allegations heaved at these eco-saboteurs weren’t for dislodging a few bolts at a quaint ski resort in the heart of the Arizona mountains, or for inconveniencing a few ski bums from their daily excursions. No, the big charges were levied at the group for allegedly plotting to disrupt the functions of the Rocky Flats nuclear facility hundreds of miles away. Ironically, at the moment of their arrests, the FBI was simultaneously looking into public health concerns due to an illegal radioactive waste leak at the nuclear power site, which led Earth First! activist Mike Roselle to quip, “ [the FBI] would have discharged its duty better by assisting in a conspiracy to cut power to Rocky Flats, instead of trying to stop one.”

***

Gerry Spence climbed into his private jet in Jackson, Wyoming estate almost immediately upon hearing about the FBI arrest of Dave Foreman in Arizona. Spence had made a name for himself among environmental activists in the late-1970s for his case against energy company Kerr-McGee, when he provided legal services to the family of former employee Karen Silkwood, who died suspiciously after she charged the company with environmental abuses at one of their most productive nuclear facilities. Silkwood, who made plutonium pellets for nuclear reactors, had been assigned by her union to investigate health and safety concerns at a Kerr-McGee plant near Crescent, Oklahoma. In her monitoring of the facility, Silkwood found dozens of evident regulatory violations, including faulty respiratory equipment as well as many cases of workers being exposed to radioactive material.

Silkwood went public after her employer ignored her and her union’s concerns, even going as far as to testify to the Atomic Energy Commission (AEC) about the issues, claiming that regulations were sidestepped in an attempt to up the speed of production. She also claimed that workers had been mishandling nuclear fuel rods, but the company has covered up the incidences by falsifying inspection reports.

On the night of November 13, 1974, Silkwood left a union meeting in Crescent with documents in hand to drive to Oklahoma City where she was to meet and discuss Kerr-McGee’s alleged violations with a union official and two New York Times reporters. She never made it. Silkwood’s body was found the next day in the driver’s seat of her car on the side of the road, stuck in a culvert. She was pronounced dead on the scene and no documents were found in her vehicle.

An independent private investigation revealed that Silkwood was in full control of her car when it was struck from behind and forced off to the side of the road. According to the private investigators, the steering wheel of her car was bent in a manner that showed conclusively that Silkwood was prepared for the blow of the accident as it occurred. She had not been asleep at the wheel as investigators initially thought. The coroner concluded she had not died as a result of the accident, but possibly from suffocation.

No arrests or charges were ever made. Silkwood’s children and father filed a lawsuit against Kerr-McGee on behalf of her estate. Gerry Spence was their lead attorney. An autopsy of Silkwood’s body showed extremely high levels of plutonium contamination. Lawyers for Kerr-McGee argued first that the levels found were in the normal range. but after evidence was presented to the contrary, they were forced to argue that Silkwood had likely poisoned herself.

Spence had been victorious. Kerr-McGee’s defense was caught in a series of unavoidable contradictions. Silkwood’s body was laden with poison as a result of her work at the nuclear facility. In her death, Spence vindicated her well-documented claims. The initial jury verdict was for the company to pay $505,000 in damages and $10,000,000 in punitive damages. Kerr-McGee appealed and drastically reduced the jury’s verdict, but the initial ruling was later upheld by the Supreme Court. On the way to a retrial, the company agreed to pay $1.38 million to the Silkwood estate.

Gerry Spence was not cowed by the antics of the Kerr-McGee Corporation, and when he agreed to take on Dave Foreman’s case pro-bono, justice seemed to be on the horizon for Earth First! activists as well.

“Picture a little guy out there hacking at a dead steel pole, an inanimate object, with a blowtorch. He’s considered a criminal,” said Spence, explaining how he planned to steer the narrative of Foreman’s pending trial. “Now see the image of a beautiful, living, 400-year-old-tree, with an inanimate object hacking away at it. This non-living thing is corporate America, but the corporate executives are not considered criminals at all.”

Like so many of the FBI charges brought against radical activists throughout the years, the case against Dave Foreman was less exciting than the investigation that led up to his arrest. The bureau had done its best to make Foreman and Earth First! out to be the most threatening activists in America.

Spence was not impressed and in fact argued as much, stating the scope of the FBI’s operation THERMCON was “very similar to the procedures the FBI used during the 1960s against dissident groups.” Spence was right. Similar to the movement disruption exemplified by COINTELPRO against Martin Luther King Jr., the Black Panthers, and the American Indian Movement, the FBI’s crackdown on Earth First! in the late 1980s had many alarming parallels to the agency of old.

“Essentially what we need to understand is that the Federal Bureau of Investigation, which was formed during the Palmer Raids in 1921, was set up from the very beginning to inhibit internal political dissent. They rarely go after criminals. They’re thought police,” said Foreman of the FBI’s motives for targeting environmentalists. “Let’s face it, that’s what the whole government is. Foreman’s first law of government reads that the purpose of the state, and all its constituent elements, is the defense of an entrenched economic elite and philosophical orthodoxy. Thankfully, there’s a corollary to that law—they aren’t always very smart and competent in carrying out their plans.”

The man who was paid to infiltrate Earth First! under the guise of THERMCON was anything but competent. Special agent Michael A. Fain, stationed in the FBI’s Phoenix office, befriended Peg Millet and began attending Earth First! meetings in the area. Fain, who went by the alias, Mike Tait, posed as a Vietnam vet who dabbled in construction and gave up booze after his military service. On more than one occasion, while wearing a wire, Fain had tried to entice members of Earth First! in different acts of vandalism. They repeatedly refused.

During pre-trial evidence discovery, the defense was allowed to listen to hours of Fain’s wire-tapings, when they found that the not-so-careful agent inadvertently forgot to turn off his recorder. Fain, while having a conversation with two other agents at a Burger King after a brief meeting with Foreman, spoke about the status of his investigation, exclaiming, “I don’t really look for them to be doing a lot of hurting people… [Dave Foreman] isn’t really the guy we need to pop — I mean in terms of an actual perpetrator. This is the guy we need to pop to send a message. And that’s all we’re really doing… Uh-oh! We don’t need that on tape! Hoo boy!”

Here the FBI was publicly vilifying these Earth First!ers, while privately admitting that they posed no real threat. “[The agency is acting] as if [its] dealing with the most dangerous, violent terrorists that the country’s ever known,” explained Spence at the time. “And what we are really dealing with is ordinary, decent human beings who are trying to call the attention of America to the fact that the Earth is dying.”

The FBI’s rationale for targeting Foreman was purely political as he was one of the most prominent and well-spoken radical environmentalists of the time. Despite their claims that they were not directly targeting Earth First! or Foreman, and were instead investigating threats of sabotage of power lines that led to a nuclear power plant — their public indictment painted quite a different story.

“Mr. Foreman is the worst of the group,” Assistant U.S. Attorney Roger Dokken announced to the court. “He sneaks around in the background … I don’t like to use the analogy of a Mafia boss, but they never do anything either. They just sent their munchkins out to do it.”

But agent Michael Fain’s on-tape gaffes were simply too much for the prosecution to manage, and the case against Foreman, having been deferred almost seven years, was finally reduced in 1996 to a single misdemeanor and a meager $250 in fines. The $2 million the FBI wasted tracking Earth First! over the latter part of the 1980s had only been nominally successful. Yet the alleged ringleader was still free. Unfortunately, the FBI may have gotten exactly what they wanted all along. Dave Foreman later stepped down as spokesman to Earth First! and inherited quite a different role in the environmental movement — one of invisibility and near silence.

Peg Millet, Mark Davis, and Marc Baker were all sentenced separately in 1991 for their involvement in their group EMETIC’s acts of ecotage against the expansion of Arizona Snowbowl. Davis got 6 years and $19,821 in restitution. Millet only 3 years, with the same fine, while Baker only received 6 months and a $5,000 fine.

Little did these activists know that their capture and subsequent arraignments were only the beginning. THERMCON’s crackdown of Earth First! would prove to be a dry-run for the Federal Bureau of Investigations.

Jeffrey St. Clair is editor of CounterPunch. He can be reached at: sitka@comcast.net and trolled on Twitter @JSCCounterPunch. Joshua Frank is managing editor of CounterPunch. He can be reached at joshua@counterpunch.org. You can follow him on Twitter @joshua__frank.

Featured Image: by Robert J. Pleasants Papers, WWII 73, WWII Papers, Military Collection, State Archives of North Carolina, Raleigh, N.C.

Ecosaboteur Ruby Montoya Sentenced to 6 Years in Federal Prison

Ecosaboteur Ruby Montoya Sentenced to 6 Years in Federal Prison

by | Oct 3, 2022 | NEWS, Property & Material Destruction

Editor’s note: After months of aboveground organizing against the Dakota Access Pipeline (DAPL) Ruby Montoya and Jessica Reznicek conducted a campaign of underground sabotage to stop the pipeline in 2017. When their action received no media attention, they decided to go public to promote the seriousness of the cause. In a public statement, they claimed responsibility for their actions and consequently became subject to lawsuits, including criminal liability and terrorism charges. Jessica was sentenced to eight years in prison in 2021 and Ruby was recently sentenced to six years in prison. We understand and respect the risks that Jessica and Ruby took to protect what they love.

We find it disturbing that Ruby Montoya collaborated with the law enforcement agencies to put the blame against her co-defendant and other people for a lighter sentence on her part. This type of behavior harms the entire movement. Therefore before engaging in any form of environmental action, aboveground or underground, it is necessary to study security culture. Understand the risks associated with one’s actions and make a conscious decision of whether to engage in the action or not.

In order to follow the rules of security culture, as an aboveground organization, DGR does not engage in or have knowledge of any form of underground action. This increases the security and effectiveness of our movement as a whole. Though we do believe in using any means necessary to stop the ongoing ecocide. We also believe in a coordination between aboveground organizing and underground action. The Deep Green Resistance News Service exists to publicize and normalize the use of militant and underground tactics in the fight for justice and sustainability of the natural world.

By Ryan Fatica, Contributor September 26, 2022 / Unicorn Riot

Des Moines, IA – Ruby Montoya, admitted Dakota Access Pipeline ecosaboteur, stepped out of a car Wednesday morning in front of the federal courthouse in Des Moines, Iowa, and walked quietly into the building. Her dark hair was pulled back into a low bun and her long, teal skirt blew in the wind. Her attorney, Maria Borbón, walked behind her.

The atmosphere outside the courthouse that morning was mundane, lacking the usual fanfare of a high-profile political sentencing. No family, friends, or supporters were present for the two-day hearing, which brought to close a legal battle spanning almost exactly three years to the day. Montoya was ordered to spend the next 72 months of her life in federal prison—a sentence imposed for her fierce participation in the protest movement against the pipeline project, which at its height attracted tens of thousands to the icy plains of rural North Dakota.

Montoya was also ordered to pay over $3 million in restitution to Energy Transfer Partners (ETP), the multi-billion dollar fossil fuel transport corporation primarily responsible for the construction of the Dakota Access Pipeline, known as DAPL. She was ordered to pay the restitution jointly with her co-defendant Jessica Reznicek.

From her elevated platform, U.S. District Judge Rebecca Ebinger looked down on Montoya as she read aloud her sentence Thursday, stating in part that a long prison sentence was necessary to deter others from taking similar action. When the hearing was over, the judge nodded to the U.S. Marshals waiting in the back of the courtroom; they then approached Montoya and handcuffed her before leading her away.

It was a lonely end to Montoya’s yearslong journey from Mississippi Stand, the Iowa anti-pipeline encampment where she and Reznicek first met, to the most elaborate and successful campaign of sabotage to arise out of the No DAPL movement.

U.S. Marshals parked outside of the federal courthouse in Des Moines, Iowa during Ruby Montoya’s sentencing. After sentencing, the Marshals led her away in handcuffs. Photo by Ryan Fatica.

Between November 2016 and May 2017, Montoya and Reznicek attacked DAPL infrastructure in at least 10 locations, setting fire to construction equipment and using oxy-acetylene torches to cut holes in the pipeline’s steel walls. Prosecutors also alleged in court filings that two earlier acts of sabotage, for which the pair were not charged, matched the profile of their later actions.

According to the pipeline company, the attacks resulted not only in the $3,198,512.70 in damages Montoya and Reznicek were ordered to jointly pay in restitution, but cost ETP an additional $20 million in added security expenses as well.

In a dramatic press conference in July 2017, the two admitted to their direct action campaign before turning around and prying the letters off the sign in front of the Iowa Utilities Board Office of Consumer Advocacy, expressing no remorse for their actions. “If we have any regrets, it is that we did not act enough,”they wrote in a public statement at the time.

In June 2021, Reznicek was sentenced to eight years in prison, a term that included a domestic terrorism enhancement. Reznicek later appealed the enhancement, but it was upheld on June 6, 2022 by judges Ralph R. Erickson, David R. Stras, and Jonathan Kobes, on the Eighth U.S. Circuit Court of Appeals. (All three judges were appointed by former president Donald Trump.)

The course of Montoya’s three-year grind through the federal court system took many turns. She went through four attorneys and went from cooperating with her co-defendant to cooperating with law enforcement. During this legal process, she and Reznicek were labeled terrorists by the government, an highly political accusation that dramatically increased their possible prison sentences and created increased repression on environmental movements across the country.

A “Harmless” Terrorism Enhancement

In October 2017, less than three months after Montoya and Reznicek’s public confession, a group of 84 members of Congress wrote a letter to then-Attorney General Jeff Sessions, asking the Department of Justice to consider whether 18 U.S.C. 2331(5), the federal criminal code governing domestic terrorism charges, applied to acts of sabotage committed against the DAPL project.

The application of terrorism enhancements at sentencing can add a decade or more to a defendant’s sentence, and the decision to apply them is highly politically charged. According to the federal statute, crimes can be considered “domestic terrorism” if they “involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State” and are “calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct.”

ecosaboteur
Two security camera stills of one instance of sabotage to DAPL used as evidence in the prosecution against Montoya and Reznicek.

There is a longstanding precedent for terrorism enhancements being used against animal rights and environmental activists. According to a 2019 study by The Intercept, of the 70 federal prosecutions of animal and environmental activists they identified, the government sought terrorism enhancements in 20. Those cases include 12 of the defendants in Operation Backfire, the major FBI operation that targeted the Earth Liberation Front, also known as ELF.

However, it’s also notable when terrorism enhancements are not applied. As many have pointed out, participants in the January 6th Insurrection have not received terrorism enhancements, despite participating in a political attack on the heart of the U.S. government, an event which led to several deaths. Neither Dylan Roof, the white supremacist who murdered nine African Americans in 2015, nor James Fields, the neo-Nazi who intentionally drove his car into a crowd in Charlottesville, Virginia, killing Heather Heyer and injuring 35 others, received terrorism enhancements.

In Montoya’s case, Judge Ebinger calculated that according to federal sentencing guidelines Montoya’s sentence would have been 46-57 months without a terrorism enhancement. The terrorism enhancement elevated her sentencing range to 292-365 months—a possible sentence of 24 to 30 years in prison.

In November 2021, Reznicek appealed her case, arguing that the lower court had erred in applying the terrorism enhancement for several reasons. Reznicek’s actions, her attorneys argued, did not constitute terrorism in part because they did not primarily target government conduct. The pair’s public statements “decried perceived failures of the government but did not make express or implied threats and did not articulate any hoped-for effect of the offense on government conduct,” Reznicek’s attorneys wrote in the appeal. “The only purpose articulated in the statement was to ‘[get] this pipeline stopped,’” they continued.

The court of appeals upheld Reznicek’s conviction and the application of the terrorism enhancement, claiming that it was “harmless” because Judge Ebinger would have sentenced Reznicek to 96 months in prison regardless of the enhancement.

During Montoya’s sentencing hearing, the prosecutor seemed to anticipate the same arguments raised in Rezniceck’s appeal, arguing that Montoya’s actions were clearly intended as retaliation for the government’s approval of the DAPL project and to influence its decisions about the project’s future.

Maria Borbón, Montoya’s attorney, seemed ill-suited to the task of countering these arguments as well as many other arguments made by the prosecution during the two-day hearing. Her courtroom conduct frequently appeared to frustrate the judge, who repeatedly lectured her on procedural norms of federal court. When asked to speak, her comments were often off topic and occasionally incoherent.

Federal judges have discretion to deviate from sentencing calculations, and in Montoya’s case, Judge Ebinger explained that she decided to depart downward from the possible 24 years allowable under the guideline calculation. Her consideration included Montoya’s mental health and extensive history of childhood trauma, her good behavior on pretrial release, and her efforts to assist the government through four “proffer” interviews in 2021 (the contents of which remain sealed).

Violent Extremism Research Center Director Claims Iowa Catholic Workers Further “Terrorist Ideology”

At sentencing, the defense called Dr. Anne Speckhard, Director of the International Center for the Study of Violent Extremism (ICSVE), who claimed that Montoya had been manipulated by what she called the “terrorist ideology” of the Des Moines Catholic Worker and the environmental direct action movements she’d been a part of.

The Catholic Worker movement was founded in 1933 by anarchist journalist Dorothy Day and French-born Catholic social activist Peter Maurin. The movement, which is ongoing, focuses on redistributing wealth and resources through food pantries and shared housing, and uniting workers and intellectuals through educational discussions and joint activities.

While Speckhard testified in Montoya’s defense, claiming she had little to no responsibility for the actions she took while in a “dissociated state,” her testimony also insinuated that the actions taken by Montoya and Reznicek amounted to terrorism. She referred to the Des Moines Catholic Worker as “cult-like” and claimed that Montoya had been “recruited” and “elevated” by Reznicek who preyed upon her weakness.

Jessica Reznicek (L) and Ruby Montoya (R), as they participate in a vision quest led by Indigenous elders. Source: Ruby Montoya, Document 205, Supplement to Motion to Withdraw Guilty Plea, Exhibit 17, Filed November 24, 2021.

According to its website, ICSVE was founded in 2015 and works closely with both domestic government agencies like the Department of Homeland Security as well as military organizations like NATO.

ICSVE is one of several organizations and governmental bodies that promote an approach to domestic terrorism called “Countering Violent Extremism”(CVE). According to the nonpartisan think tank Brennan Center for Justice, CVE are a “destructive counterterrorism program” that is “bad policy.” The think tank also explains that CVE are “based on junk science, have proven to be ineffective, discriminatory, and divisive.” 

After the Department of Homeland Security and Department of Justice named Boston as a CVE pilot program site in 2014, the ACLU of Massachusetts “raised serious concerns about the civil rights, civil liberties, and public safety implications of adopting this unproven and seemingly discriminatory approach to law enforcement.” Unicorn Riot spoke with an ex-FBI agent, Mike German, from the Brennan Center about CVE in 2017.

CVE originated in the United Kingdom as Preventing Violent Extremism or Prevent, which “led to repeated instances of innocent people ensnared, monitored, and stigmatized,” including a nine-year-old boy who was “referred to authorities for ‘deprogramming’ purposes,” according to the ACLU of Massachusetts. In 2016, Unicorn Riot covered a CVE panel in Minneapolis hosted by the Young Muslim Collective, a panel about resisting surveillance in 2017, and another in Boston in January 2018.

“She was not the one who struck the matches” 

Since August 2021, activists and legal professionals have raised concerns that Montoya may have begun cooperating with law enforcement in an attempt to reduce her prison sentence by putting other activists at risk of prison instead.

In her August 2021 motion to withdraw her previous guilty plea, Montoya publicly cast blame on a slew of people and claimed she lacked the mens rea—the intention or knowledge of wrongdoing—to understand what she was doing. Montoya argued that her abusive father, her “coercive” co-defendant Reznicek, the Des Moines Catholic Worker, and possible undercover “government operative[s]” were each in part responsible for her actions.

In the months that followed, Montoya’s new attorney Daphne Silverman filed a series of sealed documents with the court, the contents of which are still unknown to the public. Filing sealed documents is a practice usually avoided by participants in political movements as it can raise suspicion within activist communities that a defendant may be attempting to cast blame elsewhere by informing on other activists.

Montoya and her attorneys have also continued to pursue the argument that some sort of government or private security operatives “influenced me” and “appear to be unlawfully pressuring me to engage in illegal acts,” as Montoya put it in a November 2021 affidavit to the court. The affidavit goes on to discuss three unnamed people Montoya says influenced her to use fire to damage construction equipment and even taught her how to weld.

According to Montoya, she and Reznicek traveled to Denver where the unnamed people taught them to use an oxy-acetylene torch and encouraged them to do so. “Inside Person 2’s house,” in Denver, Montoya wrote, “there were army training manuals of how to destroy infrastructure, and little else. They slept on sheepskin.” 

In Montoya and Reznicek’s previous public statements, the pair claimed that they acted in secret without the knowledge or involvement of other activists. “It’s insulting on some level,” Reznicek said in a 2017 joint interview with Montoya, “but it needs to be cleared up. Ruby and I acted solely alone. Nobody else was involved in any of these actions. I think it’s hard for people to believe ― ‘How could these two women pull this off so easily?’”

Montoya’s testimony is the only evidence on record suggesting that the individuals she claims taught her to weld actually exist. If, indeed, they do exist, it is unclear whether they are actually government operatives or activists who believe in using direct action against the fossil fuel industry.

At sentencing, the federal prosecutor spoke of these assertions as though they were ridiculous, calling them “conspiracy theories” and even sought to increase Montoya’s prison sentence as a result of her implicating the government in her actions.

The historical record reveals that government operatives and informants, especially those employed by the FBI, pressuring activists into property destruction and even providing them the means to do so may be a conspiracy, but is much more than a theory. The fairly recent cases of Eric McDavid, in which a government informant concocted and lured him into a bomb plot and the Cleveland 4, in which a paid FBI informant sold fake C4 explosives to a group of young Occupy activists while also providing them drugs and resources, clearly document this reality. The history of FBI surveillance and entrapment of Muslim communities is even more extensive.

At sentencing, Montoya’s fourth attorney, Maria Borbón, argued that the courtroom should be closed during sentencing, referring to the “sensitive nature” of some of the topics discussed. The judge denied her request, saying that the public record in this case had already been “oversealed” in a manner that is “contrary to the public interest.”

On the morning of the first day of sentencing, federal prosecutors filed an unsealed document containing a list of more than 80 exhibits they intended to use at the hearing that day. Most of the items on the list are public statements made by Montoya about her actions as well as assessments and images of the damage her and Reznicek caused to fossil fuel infrastructure. At the end of the list, as seen below, are five exhibits titled Transcript of Proffer Interview and Grand Jury Testimony dated from November 2020 to July 2021.

A list of exhibits used by the prosecution at sentencing includes five documents attesting to Montoya’s cooperation with law enforcement. Source: United States v. Reznicek, Document 324, Filed 9/21/22.

Although transcripts of these interviews remain sealed, their contents were briefly mentioned by the attorneys throughout the proceedings, including a claim by Montoya that at one point she threw away $5,000 in cash in an effort to stop Reznicek from continuing the sabotage campaign. This claim was part of a relentless attempt by Montoya and her attorneys to deflect blame for her actions onto her co-defendant and the Des Moines Catholic Worker House, especially its founder and de facto leader, former priest Frank Cordero.

“At no time did Ms. Montoya lead,” said Borbón. She claimed instead that Montoya’s actions were “directed by the household,” referring to the Des Moines Catholic Worker House. “She remained in the vehicle,” Borbón explained when arguing Montoya’s alleged lack of participation.

“She was not the one who struck the matches, she was not the one who put together the funds to continue the vandalism.”

Maria Borbón, Montoya’s attorney

However, according to the federal prosecutor, Montoya said in her proffer interview that she was the one who lit the match during their election night attack on construction equipment in Buena Vista County, Iowa. The prosecutor also said that in those interviews, Montoya says that she, not Reznicek, was the author of the pair’s 2017 public statement claiming responsibility for the attacks.

The government’s exhibit list also contains a listing for a document titled Grand Jury Testimony of 1-21-21- Under seal. It was not previously known to the public that Montoya had testified before a federal grand jury, and the reason it was convened remains shrouded in mystery.

“Misguided, wrong and lawless” 

In her closing statements, Judge Ebinger identified “three versions” of the events of 2016 and 2017, each as told by Montoya at different points in time. The first is the story she told during her public confession and in the pair’s public talk at the Iowa City Public Library in August 2017. In this version, the judge said, Montoya appeared as “an educated woman who speaks articulately” and “passionately” about the value of property destruction in furthering the aims of the environmental movement.

“I have a choice,” said Judge Ebinger as she quoted Montoya’s description of why she joined the No DAPL protests, “I knew I had to go there. And so I hit the road.” 

The second version is the story told by Montoya in the proffer interviews with the government, in which she knew the facts of each attack and could recite them in great detail to the willing ears of law enforcement. In this version, Montoya said that she had limited contact with Des Moines Catholic Worker Frank Cordero, hearing his thoughts mostly from Reznicek.

The third version is the story told by Montoya to her mental health providers, which they relayed in court during the sentencing. In this version, Montoya is a deeply traumatized and mentally ill person who was “coached” and “manipulated” into taking action by Cordero and Reznicek. According to Montoya’s care providers, she suffers from such severe post-traumatic stress disorder that she committed her crimes “in a fog” and in a “dreamlike” and “childlike state” of dissociation that she hardly remembers them.

The Montoya represented in the third version of her story is deeply sorry for her actions and it was this Montoya who addressed the court during allocution, the defendant’s formal statement prior to sentencing.

federal
U.S. Federal District Court, Des Moines, Iowa. Photo by Ryan Fatica.

“I am here to take responsibility for my actions,” Montoya told the court, “which were misguided, wrong and lawless.” Nonetheless, she said through tears, she was on a “journey of self-accountability” which included her attempts to “rectify” her actions through her “statements to the government and my grand jury testimony.”

Despite her pleas, it was primarily toward the Montoya represented in version number one that Judge Ebinger directed her sentence, saying that Montoya’s statements during “the conspiracy period” were entirely “inconsistent with someone who is in a fog or a dreamlike state.” The judge quoted repeatedly from Montoya’s public statements, arguing that she was cogent, articulate and proud of her actions.

Nonetheless, the judge said, “the court recognizes and credits the adverse childhood experiences” testified to by Montoya, her mental health providers, and several family members. “PTSD frequently rears its head in this courtroom,” Judge Ebinger said.

In recognition of these challenges, she recommended that the Bureau of Prisons designate Montoya to a facility in or close to Arizona and that she be allowed to participate in any available vocational trainings during her six years of life in a prison cell.

For more on DGR News Service coverage on the issue:

Prosecutors Seek Terrorism Enhancement for Eco-Saboteur

Prosecutors Seek Terrorism Enhancement for Eco-Saboteur

by | Aug 5, 2022 | NEWS, Property & Material Destruction

Editor’s note: From 2016-2017, Jessica Reznicek and Ruby Montoya conducted a campaign of sabotage against the Dakota Access Pipeline (known as DAPL). The saboteurs had previously participated in the aboveground movement at Standing Rock and Mississipi Stand, but when that proved largely ineffective, they turned to underground direct action.

At the end of June, Reznicek was sentenced to eight years in federal prison after a controversial “terrorism enhancement” — which hasn’t been applied to January 6 defendants or to hate-crime terrorists — was added to her sentence. If you want to write to Jessica in prison, we’ve included her info at the end of this post.

Now, Montoya’s case is moving towards sentencing. It appears she may be collaborating with authorities. If that is true, it’s disturbing. If you join a revolutionary movement, study security culture and gird yourself for what comes.

By Ryan Fatica / Unicorn Riot

Des Moines, IA – Federal prosecutors are seeking a sentence of 96 months in prison for Ruby Montoya, admitted Dakota Access Pipeline (DAPL) saboteur, which includes a ‘terrorism enhancement’ that could tack years onto her sentence.

In November 2016, on the night of the election of Donald Trump, Montoya and Jessica Reznicek, who had become convinced that an escalation of tactics was necessary, began their arson and sabotage spree. In a press release shared on July 24, 2017, the two admitted to their direct action campaign.

“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,” the pair wrote.

According to federal law (18 USC § 2332b(g)), a crime is considered an act of terrorism if it is “calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct,” and is a violation of a federal statute.

US Federal District Court, Des Moines, Iowa. Photo by Ryan Fatica.

“While stopping the DAPL may have been the immediate purpose of their unlawful conduct,” wrote Assistant United States Attorney Jason T. Griess in his memorandum to the court, “Reznicek and Montoya’s ultimate goal was to address ‘the broken federal government and the corporations they continue to protect.’ A federal government which they described as ‘more like a Nazi fascist Germany as each day passes.’”

Montoya’s sentencing has been delayed several times and a date for the hearing is not currently set. Meanwhile, Reznicek was sentenced to eight years in prison with a domestic terrorism enhancement on June 30, 2021. She appealed the enhancement, but it was upheld on June 6, 2022 by judges Ralph R. Erickson, David R. Stras, and Jonathan Kobes, on the Eighth U.S. Circuit Court of Appeals. (All three judges were appointed by former president Donald Trump.)

In recent pleadings to the court, Montoya has sought to withdraw her admission of guilt, admitting to the campaign of sabotage against the Dakota Access Pipeline, but claiming that she’d been coerced into doing it. Her co-defendant Jessica Reznicek, members of the Des Moines Catholic Worker Community, her father, her mental health, and even an undercover federal agent were all to blame for her conduct, according to Montoya.

According to an article in The Economist, by the fall of 2020, Montoya had “agreed to cooperate with the FBI.” Although the contents of her meetings with the FBI have not yet come to light, such meetings usually involve providing information on other activists in hopes of receiving a lighter sentence. Montoya still denies cooperating with the FBI.

Graffiti on electrical equipment in Boone County, Iowa next to a pipeline damaged by Ruby Montoya and Jessica Reznicek on March 18, 2017. Photo source: US Federal District Court, S.D. Iowa.

“She’s saying anything and everything to avoid going to jail and that’s a deflated position to be in,” said Frank Cordero, co-founder of the Des Moines Catholic Worker Community where Reznicek and Montoya lived during their sabotage campaign. “It’s just sad to see a person with such integrity and such hopes be destroyed like this. I pray for Ruby all the time.”

In a motion to the court last year, Montoya’s attorney, Daphne Silverman, pointed fingers at members of the Des Moines Catholic Worker, claiming that they had pressured Montoya into taking action against the pipeline.

“Ms. Montoya was then coerced by the activist community within the Catholic Worker Des Moines,” the motion reads. “This activist community offered the opportunity to engage in destruction but did not give Ms. Montoya the information and other tools she needed to evaluate what they requested.”

The allegation that other activists offered her the “opportunity” and “tools” to engage in crimes implies that members of the Des Moines Catholic Worker were aware of her ongoing sabotage campaign or had even encouraged or “requested” that she engage in it. Implicating others in serious federal crimes is a form of cooperation with law enforcement usually avoided by activists loyal to the movements they’re a part of.

Part of the Dakota Access Pipeline in Hedrick, Iowa cut with an acetylene torch by Ruby Montoya and Jessica Reznicek. Photo source: US Federal District Court, Southern District of Iowa.

Despite this breach of trust, Cordero said that for him, it’s the federal government and the pipeline companies that are to blame, not Montoya. “I feel sorry for her and I feel no resentment toward her,” Cordero explained.

“The real criminals are the ones running the government and creating the laws,” he said.

“The ‘justice system’ is hardly that,” Cordero continued. “The fear tactics that they use, piling charges on top of charges, that’s how the feds do it. Did you know that 95% of all criminal charges are pled? Rarely does anyone go to trial. The prosecutors lay on tons of charges and you are facing the possibility of never getting out of prison alive, so you plead. This is typical of how the justice system works.”

Cordero also pointed out that none of the actions claimed by Montoya and Reznicek caused harm to any living thing. “Jess is no terrorist, neither of these women did any violence,” said Cordero. “They did a great thing, trying to bring down an oil pipeline.”

Frank Cordero, right, is arrested at a direct action at the Iowa Air National Guard Drone Command Center on Armed Forces Day, 2018. Photo Source: Des Moines Catholic Worker Community.

In the sentencing memo to the court, the federal prosecutor performed the same sentencing guideline calculation that they’d performed for Reznicek prior to her sentencing. For Reznicek, the prosecutor sought a sentence of 180 months—15 years in federal prison—but sought only 96 months, or eight years, for Montoya “to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.”

Whatever information Montoya has provided to authorities, it appears that it may not result in a lighter sentence.

In January 2021, Montoya signed a plea agreement admitting to ten acts of sabotage committed between November 2016 and May 2017. In each case, Montoya and Reznicek admitted to either setting fire to construction equipment associated with the DAPL project or using an oxy-acetylene torch to cut holes in the pipeline itself at various locations along its route.

“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,” the pair wrote in a public statement in 2017. “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.”

Montoya’s new oppositional stance toward her co-defendant and former movement allies worried many involved in climate justice and related movements, as did her new attorney’s series of sealed motions in court.

eco-saboteur location of confession
The Iowa Utility Board Office of Consumer Advocate, where Reznicek and Montoya publicly admitted to their arson and sabotage campaign in 2017. Photo by Ryan Fatica.

Despite her attempts to cast blame on others and her claims that she was not capable of fully understanding the consequences of her actions, in June of this year, U.S. District Judge Rebecca Ebinger rejected Montoya’s motion to withdraw her guilty plea, stating that Montoya had failed to prove that she’d received ineffective legal representation. Judge Ebinger also cited Montoya’s statements under oath that she understood her plea agreement and was satisfied with her legal representation. (Ebinger was appointed by former president Barack Obama.)

“Montoya confirmed she was not pressured in any way to plead guilty,” Ebinger wrote in her nine-page ruling. “On this record, Montoya cannot demonstrate a fair and just reason to withdraw her guilty plea.”

The 1,172-mile-long Dakota Access Pipeline, which now stretches from the northwest corner of North Dakota to Patoka, Illinois, was heavily contested by Indigenous and environmental activists. Indigenous people and those fighting alongside them staged a yearlong direct action campaign in 2016 and 2017 in hopes of preventing the project’s completion.

Fierce battles with law enforcement and private security companies near the encampment on the Standing Rock Sioux Reservation in North Dakota involved thousands of people and gained national support, but were ultimately unable to stop the project’s completion. On June 14, 2017, a federal judge found that the Army Corps review of DAPL’s potential impacts to wildlife, hunting and fishing rights, and the environment did not fulfill their obligations under the National Environmental Protection Act (NEPA), yet the pipeline has remained operational.

In Montoya and Reznicek’s press release shared on July 24, 2017, they expressed how “the courts and public officials allowed these corporations to steal permissions from landowners and brutalize the land, water, and people.” They concluded that “the system is broken and it is up to us as individuals to take peaceful action and remedy it, and this we did, out of necessity.”

This prosecution unfolded in the Southern District of Iowa, which has played a key role in many probes of leftist groups since 2004, hundreds of pages of FBI records involving ‘domestic terrorism’ investigations obtained by FOIA showed. This included the 2004 and 2008 Republican National Conventions, a 2004-2007 Crimethinc investigation, and a 2009 grand jury in Davenport that held a Minneapolis resident without charges for four months.

Photo via YouTube screenshot.

Write to Jessica Reznicek:

Instructions:  All correspondence needs to be on white paper and white envelopes. Do not use stickers, return address labels, tape, or markers. You cannot send Jessica unused paper or stamps.

Be aware that prison authorities will read all mail. Don’t include any sensitive information and don’t ask Jessica questions about her case.

For more information look at the Waseca mail instructions.

Address:

Jessica Reznicek # 19293-030

FCI Waseca

PO Box 1731

Waseca, MN 56093

Deep Green Resistance conducted this interview with the pair shortly after they publicly admitted to the sabotage, but before they were arrested:

The Story of Line 3

The Story of Line 3

by | Jul 22, 2022 | ACTION

Editor’s note: The Extraction Economy and oil pipelines are everywhere, and they affect everyone.  If you are white enough, rich enough, and/or lucky enough, the pipelines might not be built in your backyard, but no matter who you are, they contaminate the water, air, and land upon which you depend for your life.  The distance does not keep you safe, it only delays alarm.  There are no safe places to hide from a culture and economy based on extraction, drawdown, theft, genocide, and ecocide; this culture eats beautiful forested lands, rich seas, and clear skies and leaves behind wasteland, toxic dead zones, and, possibly in the near future, an inhabitable planet.  If it doesn’t seem like this culture and its economy steals wealth of all sorts for the benefit of a few, it’s very likely that you live in an exclusion zone rather than a sacrifice zone.  The exclusion zones are where resources are sent, where power is concentrated, where the in-group is nourished.  Sacrifice zones are where resources are extracted, where power is enforced to maintain subjugation, where the out-group is impoverished.  Even if you recognize the material problems this culture produces, its strong tradition of silencing dissent, erasing indigenous cultures and knowledge, and spreading self-serving disinformation obscure the root cause of these problems.  For thousands of years, the dynamic of the haves and the have-nots has been at the core of an evolving culture that dominates and erases other cultures.  It has taken many forms, including city-states, empires, kingdoms, feudalism, mercantilism, colonialism, white supremacy, patriarchy, capitalism, and fascism.  The common denominator is a selfish urge to profit at the expense of others, beginning about 10,000 years ago with the advent of agriculture and male subjugation of women.  This developed into various socioeconomic structures that depend on and thus facilitate the destruction of life.  The dominant culture abuses the earth just as it abuses women.

“When it comes to protecting the planet, stopping pipelines needs to be one of our first priorities. And like other Earth-destroying machinery, pipelines are very vulnerable. They stretch on for miles with no guards, no fences, and no protection.” – Max Wilbert

By Theia Chatelle/Counterpunch

When Enbridge Inc. announced on September 29, 2021, its “Line 3 Replacement Project [was] Substantially Completed and Set to be Fully Operational,” Winona LaDuke, Executive Director of Honor the Earth, issued a video response from the White Earth Reservation in Northern Minnesota. After years of fighting against Enbridge’s efforts to desecrate Anishinaabe lands, Winona refused to give up the fight. In her words, “They’ve created their jobs. They put in their pipe. They won. They’ve committed a crime. And someone needs to stop them from making a profit off of that crime. Do something for the people. Stop Line 3 and give us a ‘just transition.’”

Line 3 is a project of Enbridge Inc., a multinational corporation headquartered in Alberta, Canada. Enbridge transports 30% of all oil produced in North America and operates 76,546 miles of pipeline across the continent. Last year, Enbridge reported yearly revenue of $39.853B, a 33.53% increase year-over-year. Line 3 is part of Enbridge’s Mainline System and runs 1,097 miles from Edmonton, Alberta, to Superior, Wisconsin. Line 3 transports ‘tar sands oil,’ a variant of oil that the Union of Concerned Scientists denounces as “a mixture of mostly sand, clay, water, and a thick, molasses-like substance called bitumen…[which] on a lifetime basis…produces about 15% more carbon dioxide emissions.” Built in 1960, Line 3 initially transported 760,000 barrels of oil a day. But, as of 2019, it could only transport 390,000, about half the amount. Enbridge Inc. announced its Line 3 Replacement Project on October 24, 2014, by filing a Notice Plan with the Minnesota Public Utilities Commission (MPUC). In Enbridge’s words, the Line 3 Replacement Project will “maintain … high safety standards…and restore the historical operating capabilities of Line 3.”

But, the story of Line 3 is not that of “safety standards” and “operating capabilities.” Instead, it is the story of Honor the Earth and the Anishinaabe’s resistance against Line 3. It is the story of ‘manoomin,’ and Turtle Island again being attacked by the “Black Snake.” And it is the story of the MPUC’s failure to honor treaty rights and protect the Earth. Line 3 was not a failure of the State of Minnesota but rather the logical consequence of a settler-colonial political system determined to destroy the Earth and any potential for Native sovereignty. Enbridge knew it would face a fight, as with the Dakota Access Pipeline and Keystone XL. But, this time, it came prepared. It assembled the Northern Lights Taskforce, “brought jobs to Minnesota,” and pursued every legal and illegal option available to nullify resistance to Line 3. Enbridge wielded its power to its advantage, and it won. But, that doesn’t mean that the resistance failed.

Andy Pearson, Midwest Tar Sands Coordinator at MN350, who was also detained at an MPUC hearing, said, “Although Line 3 is in the ground, the fight against tar sands and pipelines…is something that does continue and will continue. We’re seeing action against Line 5 in Northern Wisconsin, and we’ll see more work to build against the Enbridge Mainline System.” While Line 3 is just a single component of Enbridge’s vast infrastructure holdings across the so-called United States, Enbridge appeared determined to influence every unit of the State of Minnesota to its advantage. Despite resistance by Honor the Earth, StopLine3, MN350, the Giniw Collective, the Sierra Club, and many others, Enbridge was able to use the police, the legislature, and the PUC to neutralize the Anishinaabe people and affiliated water protectors.

Enbridge’s relationship with Minnesota law enforcement is well established. Before beginning construction on Line 3, Enbridge obtained a permit through the MPUC that outlined its financial responsibilities to the State of Minnesota, including Minnesota law enforcement. It states:

“Prior to construction, the Permittee shall establish a Public Safety Escrow Account…Local Government Units (LGU) shall submit in writing an itemized request to the Public Safety Liaison sufficient to recommend to the Commission’s Executive Secretary whether services rendered were additional municipal services uniquely provided as a result of construction of the pipeline during the term of this permit.”

While Enbridge didn’t explicitly approve of nor solicit this inclusion, it’s hard to imagine that they do not approve. The Northern Lights Task Force, a coalition of Police Departments in Northern Minnesota, including the Aitkin Police Department and Palisade Police Department, is also the direct beneficiary of this provision. The Escrow Account functions as a blank check written by Enbridge on behalf of the policing agencies in Northern Minnesota. There are few limitations on what can be included in a reimbursement request. And in documents obtained by The Intercept, one Aitkin Police Department Seargent expressed hope that “the pipeline will give us an extra boost to next year’s budget, which should make it easy for me to propose an upgrade/trade to your rifles rather than a rebuild of our 8 Bushmasters.”

Shanai Matteson, a Cultural & Campaign Organizer at Honor the Earth and lifelong resident of Palisade, Minnesota, was heavily involved in the resistance against Line 3. In one incident, Shanai was charged for, in her words, “conspiring, aiding and abetting trespass on critical public infrastructure” for making “a speech at a rally where I live, also known as the Welcome Water Protectors Camp.” On the 30th Anniversary of the Enbridge Oil Spill in Itasca County, Shanai was charged after officers “kettled and arrested dozens of people taking part in a memory march.” When asked about the relationship between the State of Minnesota and Enbridge, Shanai indicated, “What happened here in Northern Minnesota sets a dangerous precedent…with local law enforcement paid to police the property and profits of a private company.”

According to a Permit Compliance Filing with the MPUC, “$250,000 was deposited on May 8, 2020” into the Escrow Account. But, in total, Enbridge paid $2,171,008.84 to the Minnesota Department of Natural Resources (DNR) and millions more to police departments across Northern Minnesota. Winona LaDuke, Executive Director of Honor the Earth, said she “was charged by a DNR officer first…so the guys charged with protecting us are the guys arresting us.” On June 15, 2021, Enbridge pierced an aquifer near its Clearbrook Terminal worksite. According to the DNR, as of September 5, 2021, 24.2 million gallons of groundwater had been spilled. As a penalty, the DNR ordered Enbridge to pay 3.32 million dollars. And yet, on September 10, 2021, Enbridge pierced another aquifer near the Fond du Lac Band of Lake Superior Chippewa Reservation, spilling 220 million gallons of groundwater.

The Department of Natural Resources and the State of Minnesota did nothing to stop Enbridge’s criminal misconduct in Northern Minnesota. But that shouldn’t be a surprise. Enbridge bought off the police and was willing to accept whatever fine the DNR might levy, as long as it meant Line 3 was in the ground. Yet, at the same time, viewing Enbridge’s relationship with the Northern Lights Taskforce, the State of Minnesota, and the Department of Natural Resources through this lens of corruption or malfeasance doesn’t do justice to the nature or extent of the relationship. It is no mistake that the Fond du Lac Band of Lake Superior Chippewa Reservation had 220 million gallons of water spilled into its Dead Fish Lake, threatening its wild rice harvest. Nor was it a mistake that Winona LaDuke, the ‘guardian ad litem for the Shell River’ appointed by the White Earth Band of Ojibwe, was arrested protecting the very river she swore to protect.

The Public Utilities Commission’s permit for Line 3 includes provision 6.11, titled Tribal Economic Opportunity and Labor Education Plan, which states, “The Plan must include…a discussion of how Minnesota-based tribal members and businesses will be given preference under the committed target.” Additionally, it demands that “The Plan…include: a discussion of a Regional Native American Training Program with the purpose of recruiting and training Native Americans in the region.” Enbridge employed 12,155 workers during its Line 3 Replacement Project, 295 of which identified as Native Americans and residents of Minnesota.

Even the Public Utilities Commission, despite serving as Enbridge’s puppet, recognized the plight of Native communities in Northern Minnesota.

Due to the legacy of displacement, assimilation, and extermination, Anishinaabe communities in Northern Minnesota have the highest poverty rates in the State. I.e., the 36.8% poverty rate on the Red Lake Reservation or the 37.9% poverty rate on the Leech Lake Reservation. If it could have a consciousness, Enbridge would not devote it to Minnesota, and certainly not the Anishinaabe. To Enbridge, the Anishinaabe are a resource and, at times, a nuisance. They are ‘people of the past’ and people to control. The MPUC urges Enbridge to “train” the Anishinaabe. But, here, “train” does not mean support or teach; instead, it means ‘to control.’ For Enbridge, it would be financially expedient to exterminate the last and only obstacle standing in the way of Line 3—the Anishinaabe who have stewarded the land for generations.

And while the Public Utilities Commission forbade “counterinsurgency tactics or misinformation campaigns” in Provision 5.5 titled Public Safety and Security, Enbridge didn’t listen. Documents obtained by the Intercept indicate that Enbridge launched an initiative titled “Opposition Driven Operational Threats,” which systematically documented and categorized Native individuals, tribes, and organizations into color-coded arrangements indicating whether or not they were a threat. In 2021, Enbridge event went so far as to purchase land near the headquarters of Honor the Earth (which they later sold after completing Line 3). While the relationship between Enbridge and the Northern Lights Task Force is well documented, Enbridge’s internally discussed strategy in directing the police against water protectors is less well known. Like a ‘black box,’ we know the result—nearly 900 arrests—but don’t know all of what went into Enbridge’s strategy.

While the battle against Line 3 is over, that does not mean that Honor the Earth or, for that matter, any other individual or organization involved in the fight against Line 3 has given up. Hundreds of water protectors are still facing charges, many of them, in StopLine3’s words, “with trumped-up felonies, with most of the felonies being bogus “theft” charges,” and a new campaign, “Drop the Charges,” has been launched to support those facing jail time upon conviction. But Enbridge hasn’t given up either. The fight against Line 5 is heating up in Michigan as Enbridge attempts to build a tunnel underneath the Straits of Mackinaw despite the opposition of the State of Michigan and the Bad River Tribe. When asked about the battle against Line 5 and why, despite the massive influence of a corporation like Enbridge, it’s still work fighting, Paul DeMain, Board Chair of Honor the Earth and Tribal Member of the Bad River Tribe, had this to say: “You know why? Because Enbridge fears the truth. And that’s what we’re fighting up against.”

 

Photo “Winona Laduke” by AK Rockefeller is licensed under CC BY-SA 2.0.