No DAPL: Protectors call on Justice Department.

Protestors face off with the Riot Police across the fenceline near a Dakota Access construction site. CREDIT: Facebook/Rob Wilson.

Protestors face off with the Riot Police across the fenceline near a Dakota Access construction site. CREDIT: Facebook/Rob Wilson.

Concerned and angered by the use of dogs, pepper spray, military tactics and strip searches against unarmed water protectors at the construction sites of the Dakota Access oil pipeline, Standing Rock Sioux Chairman David Archambault II is asking the U.S. Department of Justice to step in.

“I am seeking a Justice Department investigation because I am concerned about the safety of the people,” Archambault said in a statement. “Too often these kinds of investigations take place only after some use of excessive force by the police creates a tragedy. I hope and pray that the Department will see the wisdom of acting now to prevent such an outcome.”

In a formal letter, Archambault called on U.S. Attorney General Loretta Lynch to investigate the alleged civil rights violations, outlining the ways in which the protectors’ safety is being compromised and their First Amendment rights jeopardized.

[…]

Archambault said protesters and tribal members have told him that “the militarization of law enforcement agencies has escalated violence at the campsite,” even as the tribe’s lawful efforts to keep the 1,172-mile-long pipeline from being routed through sacred burial sites and underneath the Missouri River a half mile from its reservation have drawn worldwide support.

“Firsthand accounts and videos filmed by participants reveal a pattern of strong-arm tactics targeting Native Americans and peaceful protestors,” the Standing Rock Sioux said in the statement. “The abuses include strip searches, violent security dog attacks, pepper-spraying of youth and intimidation by law enforcement.”

Archambault’s letter went further, describing roadblocks, checkpoints and unwarranted stops, all of which “are clearly targeted at Indian people, and are designed to intimidate free speech.”

Add to that the “constant surveillance, with low-flying planes and helicopters constantly overhead at the camps of the water protectors,” the confiscation of at least one drone and the shooting down of another, even those being used by journalists, plus the actual arrests of journalists such as Democracy Now!’s Amy Goodman, add up to a “larger effort by local law enforcement to intimidate the press and to prevent the full and fair reporting of the activities of law enforcement on this matter,” Archambault’s letter said.

“Rather than seeking to keep the peace, law enforcement personnel are clearly working in tandem with private security of Dakota Access,” the chairman wrote, adding that the tactics not only evoke the civil rights movement of 50 years ago but also bring up the collective memory of the U.S. government’s “long and sad history of using military force against indigenous people.”

Via ICTMN. In related news: Justice Dept Reaffirms It Will Not Grant DAPL River-Crossing Permits Anytime Soon.

Renee Davis, Killed by Cops.

Native single mom Renee Davis was five months pregnant when she was killed by deputies on Friday (Facebook.com)

Native single mom Renee Davis was five months pregnant when she was killed by deputies on Friday (Facebook.com)

Renee Davis was five months pregnant when she was fatally shot by King County sheriff’s deputies checking on her welfare Friday night, according to her foster sister, Danielle Bargala.

Davis, 23, had struggled with depression, and had texted someone earlier that night to say she was in a bad way, according to Bargala. That person had alerted law enforcement, leading the deputies to arrive at Davis’ house on Muckleshoot tribal lands shortly after 6:30 p.m.

Bargala, a Seattle University law student, said Saturday that she and other family members have a lot of questions about what happened next. The sheriff’s office declined to comment Saturday beyond what it said Friday night — that the deputies, investigating a report of someone suicidal, found a young woman with a handgun and two small children in the house.

The children were Davis’, ages 2 and 3, according to Bargala. The single mother had a third child, 5, who was at the home of a family friend Friday.

Yesterday, I posted about Native Lives Matter, and an article about the high percentage of Native people who die at the hands of cops. More Indigenous people are killed by cops than any other group. The complete lack of interest in that post was not in the least unexpected, but it left me with a bitter, burning sadness I can’t begin to describe. Yesterday, three people were good enough to actually click over and read the article linked, and one kind person shared the post. I don’t know who you are, but I thank you, from the depth of my heart.

On Friday, Renee Davis was gunned down by cops who were supposedly there to do a wellness check. Obviously, nothing good happened to Ms. Davis. It’s doubtful that any judgment will go against the cops, they seldom do, and yet another Native person is dead at the hands of cops.

Via The Seattle Times.

Reno Truck Assault: Driver Charged.

Courtesy Louis Magriel/Reno Gazette-Journal.

Courtesy Louis Magriel/Reno Gazette-Journal.

The 18-year-old man who drove through a crowd of 40 protestors was charged Friday with provoking assault and released on a $1,000 bond, police said.

Five people were injured when Nick Mahaffey rammed his white Nissan pickup truck into a group of Columbus Day protestors in Reno, Nevada, last week.

Police also charged two protesters involved in the incident. James Fletcher and Samuel Harry were both charged with simple battery, CBS News reported.

ICTMN has the full story.

California: No Porn for You!

Blocked Sign (blog.cyberghostvpn.com).

Blocked Sign (blog.cyberghostvpn.com).

Some porn providers have decided to get political, and fight California’s Proposition 60. While I do think health is a major concern, I really don’t know enough about the porn industry in general to make any sort of statement about their particular health policies in regard to their actors. I would assume most actors do care about their health, and don’t take unnecessary risks, but again, I really don’t know. I might be one of ten people on the planet who is not a porn consumer. I certainly do understand the fight against part of the prop which states they can be sued, by anyone, at anytime. That seems more than a little dodgy to me. I’m also very uncomfortable when it comes to anyone trying to mandate another person’s bodily autonomy. I don’t want anyone telling me what I can and can’t do with myself, as I am my body. That should apply to everyone else as well.  So, if I were still in SoCal, I’d be a no vote. Anyroad, as a political tactic, I foresee great success here.

Today, adult websites are taking away California’s porn. In protest of Proposition 60, a state bill mandating condoms in adult films, several sites are interrupting or entirely blocking access to California IP addresses. This includes the mainstream giant Vivid Video, as well as Evil Angel, Kink, Pink & White Productions, and Treasure Island Media. In-state visitors to these sites are met with a message instructing them to vote no on Prop 60 and, in some cases, warning that their porn might be permanently taken away if the bill passes.

This virtual strike coincides with a protest by roughly 100 adult performers planned later today outside of the Los Angeles headquarters of the Yes on 60 Campaign.

Prop 60, which is sponsored by AIDS Healthcare Foundation and will be on the ballot November 8, requires condoms in adult films shot within the state and also allows any resident in the state to sue producers and distributors of condomless porn. The adult industry is broadly opposed to the bill, primarily on the grounds that it violates performer choice and will push productions underground, making them less safe. Opponents also argue that by allowing lawsuits by everyday citizens the bill could expose producers and adult performers to stalkers, harassment, and privacy violations.

[…]

But at least three studios are considering the possibility of permanently blocking access to Californians if the bill passes — the thinking being that if Californians can’t see their content, maybe they can’t file lawsuits. Vivid’s website greets in-state visitors with a black screen bearing a “NO ON 60” icon and a message reading, “If you live in California and Prop 60 passes this is what your porn will look like.” Pink & White Productions’ pay sites greet all visitors with a pop-up reading, “IP BLOCK California? SAY IT AINT SO! If California Prop 60 passes, it could be” (although it’s possible to close it and navigate the sites). Kink’s site delivers a message reading, “This is what Californa will see on their favorite porn sites if PROPOSITION 60 passes.”

Mike Stabile, Kink’s spokesperson, told Vocativ, “Prop 60 isn’t a public health measure, it’s a public harassment measure for adult performers. If we have to block access to California in order to protect the performers who work with us, that’s what we’ll do. And should this initiative pass, it’s something we’ll be looking at doing in California on a permanent basis after November 8.”

Full story at Vocativ.

Killer Cop Defense: Auditory Exclusion.

Tulsa Police officer Betty Shelby, right, being escorted into court for an early proceeding in her upcoming manslaughter trial in the killing of Terence Crutcher. CREDIT: AP Photo/Sue Ogrocki, File.

Tulsa Police officer Betty Shelby, right, being escorted into court for an early proceeding in her upcoming manslaughter trial in the killing of Terence Crutcher. CREDIT: AP Photo/Sue Ogrocki, File.

The visual evidence of Terence Crutcher’s murder by Officer Betty Shelby was so clear, and so overwhelming, there was no choice when it came to prosecuting her. The sheer obviousness of her guilt has led her lawyers to trying out something new. It’s a twinkie defense, that’s clear, but we should all remember that juries will buy a twinkie defense, especially if they want to, which will most likely happen in this case.

…It will probably be a long time before Shelby sees the inside of a courtroom. But her lawyers are already previewing her case in the media — and Shelby’s attorneys have a strange argument they’ll use in her defense.

Shelby had no idea her backup was right behind her, prepared to subdue Crutcher with a less-lethal taser, the lawyers are saying, because she was temporarily deaf due to the stress of the situation. The law enforcement community calls it “auditory exclusion.”

“She didn’t hear the gunshot, didn’t hear the sirens coming up behind her just prior to the shot,” defense lawyer Scott Wood told the Associated Press last week. Auditory exclusion is “the no. 1 perceptual distortion by people I have represented who have been involved in shootings,” he added.

Wood’s scientific-sounding argument will make Betty Shelby’s ears a strange new battlefield in the struggle to reform American law enforcement. If her lawyers manage to present “auditory exclusion” as hard science, her trial will mark a step toward allowing the use of a cloud of medical-sounding jargon to obscure the implicit racial biases that cops carry to explain a killing that has all the hallmarks of the epidemic of biased policing of black people.

Is “Auditory Exclusion” Science or Subjectivity?

 

Professor Philip Stinson, a former cop and criminal lawyer who now teaches at Bowling Green State University, maintains the most comprehensive database anywhere on police officer prosecutions for killing civilians. Out of 77 officers charged with murder or manslaughter for killing a civilian since the start of 2005, he said, none appears to have argued in court that “auditory exclusion” excused their actions.

“From my standpoint, it’s completely nuts,” Stinson told ThinkProgress. “I don’t see this being admissible at all.”

But researchers diverge on whether people can go temporarily deaf under duress.

Those ThinkProgress reached who study the brain’s physiology said they know of no research supporting it. “Stress does all sorts of things to sensory systems,” wrote Stanford neurologist Dr. Robert Sapolsky, “but the idea of deafening is ludicrous.” Dr. Andrew Steptoe at University College London, who studies “peritraumatic dissociation” during episodes of intense fear or stress, said the idea is plausible “but I know of no solid evidence for this.”

But approached from a psychologist’s perspective, the theory is better grounded. Penn State Behrend associate professor Melanie Hetzel-Riggin said it helps to imagine the difference between hardware and software here.

“On the hardware side, they’re right, there’s probably no physiological problem in that your hearing itself is fine. What’s happening is the info isn’t going anywhere,” she said. “It is possible, although I’m unaware of any research supporting this one way or the other, that during that experience of threat your hearing could be focusing on that and not anything else going on around you.”

[…]

Police training materials are commonly designed to neutralize the panic psychology that Shelby’s lawyers hope will exonerate her. Simulations like the “force option simulator” at San Diego Regional Law Enforcement Training Center are in widespreaduse.

With public pressure for reform mounting over the past couple years, police departments have invited reporters to try their hand at the simulators as part of a PR offensive.

The reporter sessions illustrate how your average geek off the street would struggle with the stresses of the job, to be sure. But the point of the training is to ensure cops are better than us at this stuff. The people whom society entrusts with deadly force and unique authority are supposed to know how to avoid such dangerous responses to something that overloads our brain’s fight-flight instincts. Police academies traditionally give 13 times as much attention to training officers to handle violent situations professionally as to deescalation practices.

“The good thing about police officers and other people who are emergency responders is they have all this training to make it muscle memory, to make it automatic,” said Hetzel-Riggin.

“There are many situations that are going to be perceived as less threatening, because police officers have the training, the practice.”

With all that training, there’s only one thing left – implicit bias. And all too often, when it comes to cops, explicit bias. It’s a problem everyone is tip-toeing around, and it’s the one problem which desperately needs to be addressed. Way more than enough people have been murdered by cops.

Full story is at Think Progress.

Ride Against the Current of the Oil.

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Honorearth.org

Honorearth.org

Ride for Our Sacred Water – STOP Dakota Access!

From October 8-13, Honor the Earth is proud to join forces with the Wounded Knee Memorial Riders, the Dakota 38 and Big Foot riders, and many horse nation societies, in a spiritual horse ride to protect our sacred waters from the Dakota Access pipeline and all the black snakes that threaten our lands.

Thousands have come together in a historic gathering of tribes at the confluence of the Cannonball and Missouri Rivers, where Dakota Access threatens a concentration sacred sites and the water source of the Standing Rock Sioux Reservation, as well as the 18 million people downstream.

This is our moment. Tribes and First Nations are standing up and standing together to demand an end to the desecration of our lands and the poisoning of our sacred waters…to demand a better future for our people. We are the river, and the river is us.

On October 8th we will gather at the Standing Rock encampment, and ride against the current of the oil.

Please stand with us. We need your support.  For more info, visit www.honorearth.org/mniwiconi

Oh, and in case you’re wondering about that Standing Rock to Tioga, it means Tioga, ND, which styles itself as ‘The Oil Capital of North Dakota’.

This reminds me of another embarrassing white person moment at the camps last week. The Dakota 38 were expected, and we were hoping to see them. A white woman laughed and shrugged, saying “I mean, I don’t even know what that is. What is the Dakota 38.” Yeah, okay, I know the ‘history’ taught in uStates is a whitewashed mess, but still…

Even if you’re just a solidarity tourist, try to not only be respectful, but try to learn. Aaaand, this is the internet age, how hard is it? The Dakota 38, the largest mass execution in the history of the United States. A criminal injustice, perpetrated in Mankato, Minnesota.

20101222_dakota-hanging1_33

Tipi-hdo-niche, Forbids His Dwelling

Wyata-tonwan, His People

Taju-xa, Red Otter

Hinhan-shoon-koyag-mani, Walks Clothed in an Owl’s Tail

Maza-bomidu, Iron Blower

Wapa-duta, Scarlet Leaf

Wahena, translation unknown

Sna-mani, Tinkling Walker

Radapinyanke, Rattling Runner

Dowan niye, The Singer

Xunka ska, White Dog

Hepan, family name for a second son

Tunkan icha ta mani, Walks With His Grandfather

Ite duta, Scarlet Face

Amdacha, Broken to Pieces

Hepidan, family name for a third son

Marpiya te najin, Stands on a Cloud (Cut Nose)

Henry Milord (French mixed-blood)

Dan Little, Chaska dan, family name for a first son (this may be We-chank-wash-ta-don-pee, who had been pardoned and was mistakenly executed when he answered to a call for “Chaska,” reference to a first son; fabric artist Gwen Westerman did a quilt called “Caske’s Pardon” based on him.

Baptiste Campbell, (French mixed-blood)

Tate kage, Wind Maker

Hapinkpa, Tip of the Horn

Hypolite Auge (French mixed-blood)

Nape shuha, Does Not Flee

Wakan tanka, Great Spirit

Tunkan koyag I najin, Stands Clothed with His Grandfather

Maka te najin, Stands Upon Earth

Pazi kuta mani, Walks Prepared to Shoot

Tate hdo dan, Wind Comes Back

Waxicun na, Little Whiteman (this young white man, adopted by the Dakota at an early age and who was acquitted, was hanged, according to the Minnesota Historical Society U.S.-Dakota War website).

Aichaga, To Grow Upon

Ho tan inku, Voice Heard in Returning

Cetan hunka, The Parent Hawk

Had hin hda, To Make a Rattling Noise

Chanka hdo, Near the Woods

Oyate tonwan, The Coming People

Mehu we mea, He Comes for Me

Wakinyan na, Little Thunder

Wakanozanzan and Shakopee: These two chiefs who fled north after the war, were kidnapped from Canada in January 1864 and were tried and convicted in November that year and their executions were approved by President Andrew Johnson (after Lincoln’s assassination) and they were hanged November 11, 1865.

You can read more about the Dakota 38 + 2 here and here. Also, here.

Amnesty International Smacks Kirchmeier.

Via Facebook.

Via Facebook.

Amnesty International has turned their attention to Morton County Sheriff Kyle Kirchmeier, an incompetent bigot who has repeatedly run to media with reports of pipe bombs, guns, knives, and violence in the camps at Standing Rock, and has been proven wrong every time, but he continues to do this. With the last peaceful direct action being met with armored vehicles, cops in armored riot gear and wielding assault rifles at people who were planting corn and willow, he once again shows his plain desire to rain down violence and destruction on peaceful people. He managed to restrain himself to arresting 21 people. I have mentioned our surprise at seeing a monstrous, shiny, new mobile command center hulking behind silos, last week on our way into camp. Kirchmeier has all the shiny, militarized goodies, and it’s apparent that he’s just aching to use them. Not once has he or his force bothered to protect the Standing Rock Protectors, he refused to stop the attack and assault by private goons, but instead chose to run to the media with stories of those poor, beset upon goons and their vicious animals. Indians? Oh, who cares about them?

Kirchmeier has been trying, every day, to amp things up, and it’s getting very worrying now, because all it will take is one moment, one loss of control, one bullet fired. Ndakota doesn’t offer much opportunity for “action”, the kind of action a strutting chicken like Kirchmeier would like to see. I get the feeling he sees this as one chance for some of that glorious cop action, a story to end his days on. This man is dangerous because he is weak, and too in love with those shiny, militarized toys.

Sheriff Kyle Kirchmeier
Morton County Sheriff’s Department

28 September 2016

Dear Sheriff Kyle Kirchmeier:

Following the protests that took place at a Dakota Access Pipeline construction site on 3 September, we are writing to ask you to investigate the use of force by private contractors, remove blockades and discontinue the use of riot gear by Morton County Sheriff’s deputies when policing protests in order to facilitate the right to peaceful protests in accordance with international law and standards.

[Read more…]

40.

Ronald Reagan. Whitehouse.gov

Ronald Reagan. Whitehouse.gov

With just eight months to go before the end of his two-term presidency, Ronald Wilson Reagan declared that the United States might have “made a mistake” in humoring the Indians.

His audience was a group of students and faculty at Moscow State University in May 1988. His speech was delivered nearly 5,000 miles from Washington, D.C., yet a group of Native Americans reportedly had traveled to the Soviet Union for a chance to bend the President’s ear.

When questioned about his failure to connect with the Indians on home soil, Reagan opined about the state of Indian affairs—and in the process revealed a gaping hole in his own understanding.

“Let me tell you just a little something about the American Indian in our land,” he began. “We have provided millions of acres of land” for reservations, and “they, from the beginning, announced that they wanted to maintain their way of life.”

The government set up reservations, established a Bureau of Indian Affairs and provided education for the Indians, Reagan said. Yet some still preferred “that early way of life” over becoming mainstream American citizens.

“We’ve done everything we can to meet their demands as to how they want to live,” he said. “Maybe we made a mistake. Maybe we should not have humored them in that wanting to stay in that kind of primitive lifestyle. Maybe we should have said, no, come join us; be citizens along with the rest of us.”

[Read more…]

A Look at the U.S. Claim to Oceti Sakowin.

inyanwoslata

© Marty Two Bulls.

Steven Newcomb has an excellent column up at ICTMN, examining the claim to Očeti Sakowiŋ.

We are able to think back to a time when our ancestors were living entirely free from and independent of ideas developed across the Atlantic Ocean in a place called Christendom. We know that our Native ancestors were in no way subject to Christian ideas before the Christians sailed across that ocean to our part of the world, which many of us know as Turtle Island. Because the Christian Europeans were not physically here on Turtle Island, their concepts, ideas, and arguments were not here either. This leaves us with a mystery. On what basis did the invading colonizers first assume that our free nations and our ancestors were subject to the ideas and arguments of the Christian world? To what extent are those ideas still being used today centuries later by the United States?

In his Commentaries on the Constitution of the United States, published in 1833, U.S. Supreme Court Justice Joseph Story asked a related question. He asked how the British Colonies got title to the soil of the North American continent. His question not only assumed that the British colonies had title to the soil of the continent, it also assumed, as Story said, that the colonizing powers obtained a “title” by their own “assertion” that they had a “complete title” to and “absolute dominion” over the soil of what from our ancestors’ perspective was the soil of our national territories. Story traced those ideas back to a papal bull of the fifteenth century and to royal charters of England and Great Britain.

Most people fail to realize that men such as Joseph Story and John Marshall spent a great deal of their time thinking about such matters. They did so because they had to develop a rationale for asserting that the Christian colonizers from Europe had a right to the soil of the continent that was superior to whatever right our original nations and our ancestors thought they had. Men of ideas such as Story and Marshall, whose job it was to persuade, undoubtedly knew there was a slight chance that someday in the distant future, we, the descendants of our Native ancestors, might try to go back through the record of the ideas of the colonizers and trace their mental “steps.”

A few of us have been working for decades on that retrospective with the goal in mind of not only understanding but of also now at long last directly challenging the ideas and arguments that were “laid down” by the ancestors of the colonizing society who sailed to Turtle Island from Western Christendom.

Based on decades of intensive and diligent research, we now know that the Christian European thinkers dreamed up out of their heads the idea that the representatives of Christendom could enter someone else’s country and mentally, verbally, and ceremonially make the assertion that the monarch they represented had an “absolute dominion” over the country they had located by ship. They further assumed that their mental, verbal, and ceremonial assertion would become “true” because the Christian thinkers dreamed it up in their minds and treated it as “true” thereby sustaining it over time.

The idea that they as colonizers had a complete title to and absolute dominion over the soil of the territories of our Original Nations, a point that Story, Marshall, and other white men claimed on behalf of the United States, became “true” and a “reality” for the colonizers and for the United States simply because those ideas were collectively treated as “true” and as a “reality.” Since this was all happening in the colonizers’ own language at the time, when such assertions were initially made, our ancestors had no understanding of the specific nature of the colonizers’ bizarre views. Some of our ancestors such as Tecumseh did try to challenge the colonizers’ thinking based on the original free existence of our nations.

The recent controversy over the Dakota Access Pipeline traces back to that process of reality-construction and the ability of the United States government to simply declare a given reality into existence. But there is something rather surprising in the historical record that most people know nothing about. It is surprising because it is language that still ought to be benefiting Native nations. …

The full column is here, and it’s excellent reading.

House Democrats Call for New DAPL Permitting Process.

Left to right, Standing Rock Sioux Chairman David Archambault II, Cheyenne River Sioux Chairman Harold Frazier, Lakota elder Faith Spotted Eagle, Apache Stronghold founder Wendsler Nosie Sr., and youth representative Gracey Claymore speak to Democratic U.S. Representatives at a forum on Thursday September 22. Courtesy House of Representatives via YouTube.

Left to right, Standing Rock Sioux Chairman David Archambault II, Cheyenne River Sioux Chairman Harold Frazier, Lakota elder Faith Spotted Eagle, Apache Stronghold founder Wendsler Nosie Sr., and youth representative Gracey Claymore speak to Democratic U.S. Representatives at a forum on Thursday September 22. Courtesy House of Representatives via YouTube.

The U.S. Army Corps of Engineers’ approval of permits for the Dakota Access oil pipeline did not comply with legal consultation requirements, House Democrats Raúl Grijalva and Raul Ruiz, MD, concluded after a forum late last week.

Even as the sale of Cannonball Ranch to Dakota Access LLC was being finalized by its private owners on September 22, Lakota and Apache leaders were in Washington D.C. to give statements before Democratic members of the U.S. House of Representatives about not only the current trials of the Standing Rock Sioux Tribe, but also the bigger picture.

In a two-hour discussion attended by about two dozen lawmakers, a panel consisting of Standing Rock Sioux Chairman David Archambault II, Cheyenne River Sioux Chairman Harold Frazier, Lakota elder Faith Spotted Eagle, Apache Stronghold founder Wendsler Nosie Sr., and youth representative Gracey Claymore spoke and answered questions about the crisis surrounding the Dakota Access oil pipeline’s construction. They also addressed the larger issues surrounding Indigenous Peoples and their relationship with the United States—what consultation really means, what the implications are for industrial projects, and what needs to happen next with Dakota Access.

The discussion ranged from how the permitting process is conducted, to the impact of sacred sites destruction within the context of historical trauma, to the resurgent hope that has indigenous youth standing up for their cultures, and to the very notion of what constitutes archaeology and who gets to define it.

In terms of Congress, what it came down to was a matter of law.

“I just want to remind everybody that the piece of land we’re talking about is on federal land,” noted Ruiz, the ranking member of the House Committee on Natural Resources Subcommittee on Indian, Insular, and Alaska Native Affairs, in closing remarks. “So this is land that is under the jurisdiction of the federal government. And that what we’re talking about here is not just a matter of what is right. It’s the law.”

Not only that, he said, but those laws had been violated, and the U.S. Army Corps of Engineers had been warned earlier this year when three federal agencies wrote separate letters urging the Corps to do a more in-depth environmental and cultural study of the areas of the pipeline that would run through federal land.

[Read more…]

Indigenous News Roundup.

noda

The Sierra Club has a column up on No DAPL:

…In addition to its potential impacts on land and water, new analysis shows that building the pipeline would also be inconsistent with the United States’ climate goals. According to a new analysis by Oil Change International (OCI), the pipeline would lock in greenhouse gas emissions in an amount equivalent to the emissions of 30 coal plants. By reducing shipping costs for large amounts of dirty oil, particularly with current oil prices so low, building this pipeline would significantly increase the amount of crude oil getting to market. OCI calculated that, at typical utilization rates of 95 percent of capacity, total lifecycle emissions from producing, transporting, processing, and burning the products derived from the oil would amount to 101.4 million metric tons of CO2e per year. Given this estimated impact and the White House’s recent guidance on how federal agencies should assess climate impact, it is only logical that a climate test be applied to this project, but thus far none has been conducted by the Administration.

As the 8th Annual White House Tribal Nations Conference (WHTNC) kicked off Monday in Washington DC, the White House released a massive plan of continued action, entitled “An All-of-Government Approach to Serving Indian Country.” Vincent Schilling.

As the 8th Annual White House Tribal Nations Conference (WHTNC) kicked off Monday in Washington DC, the White House released a massive plan of continued action, entitled “An All-of-Government Approach to Serving Indian Country.” Vincent Schilling.

Vincent Schilling has an in-depth look at the White House Outlines Massive Outreach to Indian Country at Tribal Nations Conference:

As the 8th Annual White House Tribal Nations Conference (WHTNC) kicked off Monday in Washington DC, the White House released a massive plan of continued action, entitled “An All-of-Government Approach to Serving Indian Country.”

The White House Tribal Nations Conference is the result of the promise President Barack Obama made during a visit to the Crow Nation in May 2008 to host an annual summit with tribal leaders to ensure tribal leaders a seat at the proverbial governmental table…

Troy Williams via Flickr.

Troy Williams via Flickr.

Fossil Fuels Investment Takes Nosedive:

A revolution is taking place in the global energy sector, with investments in oil and gas declining by 25 percent in 2015 while energy produced from renewables rose by more than 30 percent.

“We have never seen such a decline [in oil and gas investment],” said Fatih Birol, executive director of the International Energy Agency (IEA), at the London launch of its first ever report into world energy investment.

“Our findings carry a very important message for climate change and for the Paris agreement. Anyone who does not understand what is going on—governments, companies, markets—is not in the right place.”…

Trahant Photo.

Trahant Photo.

Make No Mistake: Standing Rock Is On the Ballot:

TRAHANT REPORTS—On social media and in real life we hear this often: “What can I do to help Standing Rock?” Some answer the question by donating money, many send supplies, and hundreds of people jump in their car and travel to the camps near Cannonball, North Dakota. Once there folks pray, some engage in direct action, and all of us learn more about the challenges facing humanity.

There is something else that can be done: Vote.

Chase Iron Eyes, who is running for Congress from North Dakota, made that point on his web page this week. “I don’t believe North Dakota is racist, a certain percentage of the ReTrumplicans are—but we can vote them out—if you would only vote,” he wrote. “The majority of us are evolving in mutual respect. That’s our North Dakota.”

The congressional race is a stark example of these various differences: The incumbent, Rep. Kevin Cramer, wrote a position paper for Donald Trump that says any new climate policy should not “punish coal” or other fossil fuels. The Republican considers himself a climate change skeptic dismissing both international commitments made by the United States and the mountain of scientific evidence. …

what_indian_country_must_do_to_win_this_election_2016_-_trahant_photomain

‘Short! Winning Side’ What It Will Take to Capture an Election:

TRAHANT REPORTS—It’s time.

It’s time for politicians to treat American Indians and Alaska Natives as an important constituency, not an outside group living in our own homeland.

The words of North Dakota’s representative in Congress, Kevin Cramer, capture the old thinking perfectly. He told Oil and Gas 360 that the Dakota Access Pipeline will be built no matter what. “I think DAPL will be finished due to the investment and amount of construction already completed. Regardless of short-term decisions, I don’t see how you can’t eventually finish the pipeline. In the short-run, the question is whether the three agencies’ review will further delay the project by implementing a full-blown EIS or whether the review will approve of the process and apply any changes prospectively rather than retrospectively. I’m optimistic that [the work] will be up and running in a few weeks.”

And what about his constituents, the people of Standing Rock, who object? “I think the appropriate people at the tribe didn’t pay enough attention to the proceedings, but I don’t have any insight as to why they chose not to meet with the Corps of Engineers. I will say that the government to government expectations of tribal governments can sometimes get in the way of participation in more mundane, routine aspects of the regulatory process, which is unfortunate because they miss the opportunity to have their say in the matter.”

Geesh. No additional comments are needed. Add this quote to the dictionary as an example for “condescending.”

The “72 horas con Rodin” edit-a-thon in Mexico City was the longest ever completed and is recognized by Guinness World Records. There will be one in October focusing on Indigenous Peoples.

The “72 horas con Rodin” edit-a-thon in Mexico City was the longest ever completed and is recognized by Guinness World Records. There will be one in October focusing on Indigenous Peoples. Courtesy Wikipedia.

Wikipedia Wants Improved Content on Indigenous Peoples, Needs Your Help:

Wikipedia volunteers and the Wikimedia Foundation, the non-profit that oversees the free encyclopedia, recognize and want to close content gaps that exist in race and gender topics on the site. One of those gaps includes coverage of all things having to do with Indigenous Peoples.

The goal, as Kelly Doyle, Wikipedian in Residence for Gender Equity at West Virginia University Libraries, told ICTMN is to make “Wikipedia more accurate, more diverse, and to fully represent the world around us… a lot of the articles about Indigenous Peoples are short and we want those be fleshed out.”

They are looking for anything and everything having to do with Indigenous Peoples, from articles about tribes to movements, and historical figures, or even Native American political figures, past and present.

“Any issue that has to do with Indigenous people, even creating new articles, as long as they are notable enough,” Doyle told ICTMN. “Anything that would be included in a regular encyclopedia.”

The upcoming WikiConference North America 2016 will include an edit-a-thon that will focus on those content gaps. …

A Kermode or Spirit Bear from the Great Bear Rainforest. The Kermode is a rare subspecies of the American black bear that holds a prominent place in oral traditions of many First Nations peoples in the British Columbia area. (Wikipedia)

A Kermode or Spirit Bear from the Great Bear Rainforest. The Kermode is a rare subspecies of the American black bear that holds a prominent place in oral traditions of many First Nations peoples in the British Columbia area. (Wikipedia)

Inclement Weather Doesn’t Stop William and Kate’s Bella Bella Visit:

Even though the visit didn’t go quite as planned, the coastal community of Bella Bella in the Great Bear Rainforest, welcomed Prince William, Duke of Cambridge, and Kate, the Duchess of Cambridge on September 26.

The royal couple took a bumpy flight into Bella Bella, but had to cancel boat-related tours of the Great Bear Rainforest because of heavy rains and gusting winds.

Bella Bella is home to the Heiltsuk Community of about 1,600 people, reports Metro News, and they gave the royal couple quite the welcome. Telegraph Video called the welcome they received “rapturous,” and Global News reported a “rousing cheer” as the couple arrived at Wawiskas Community Hall. …

As President Barack Obama took the stage at the 8th Annual White House Tribal Nations Conference (WHTNC) National Congress of American Indians President Brian Cladoosby broke the age-old rule from Politico that presidents should never wear a hat. Alex Hamer.

As President Barack Obama took the stage at the 8th Annual White House Tribal Nations Conference (WHTNC) National Congress of American Indians President Brian Cladoosby broke the age-old rule from Politico that presidents should never wear a hat. Alex Hamer.

A Cedar Hat for Obama! At His Final Tribal Nations Conference:

As President Barack Obama took the stage at the 8th Annual White House Tribal Nations Conference (WHTNC) National Congress of American Indians President Brian Cladoosby broke the age-old rule from Politico that presidents should never wear a hat. Moments after the President took the stage, Cladoosby wrapped the President in a traditional blanket, then took off his own traditional cedar hat and placed it on Obama’s head.

With a huge smile, Obama tipped the cedar hat to the crowd while continuing to wear the blanket.

“What an amazing honor, and what a kind gesture for the honor song and the blanket and the hat,” said Obama. “I’m also very glad that you also have a blanket for Michelle so she doesn’t steal mine. She would, too. I’m just saying.”

Obama told the crowd of hundreds of tribal leaders and Native youth he mostly wanted to say thank you. …

Via ICTMN.

We the People…

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The people of Florida murder 72,000 babies every year while the “pro life” politicians we’ve elected to protect them attempt to regulate the practice of child sacrifice as if it were healthcare, instead of addressing it as murder. The governing authorities of our state possess the moral, legal, and constitutional duty to establish justice for all human beings within their jurisdiction, including the pre-born fatherless by prohibiting the slaughter of children in the womb. Contrary to widespread misinformation, the right to murder humans is not protected by the Constitution and our legislature is not bound by any law or duty to aid or abet the Supreme Court in their attempted perversion of it. On the contrary, they are duty bound by their oaths to support, obey, and defend the United States Constitution and oppose such perversions and abuses of it. We demand that our legislators stop passing laws to regulate abortion. We demand the total and immediate abolition of human abortion.

Some evangelical Christians in Florida are already making plans for the 2018 ballot, and they want heads to roll. Specifically, they want abortion declared a capital crime, premeditated murder, so that any person who seeks and obtains an abortion, as well as any doctor who perform the procedure, to be arrested and tried, while eligible for the death penalty. Why that’s just so stunningly pro-life, it’s smacked my gob.

Their resolution to the Florida legislature can be read here. Be warned, it’s done in very bad ‘colonial constitution’ style, a la the header above, with each clause beginning with a flourished “Whereas”.

Their constitutional amendment petition is a tad more on the modern side:

Given that our state legislature has thoroughly failed to establish justice for the pre-born, Abolitionists in Florida have taken it upon themselves to attempt to put such a measure before the people and make way for the abolition of abortion.

Unlike our Resolution, this is an official constitutional amendment initiative petition. When enough signatures are collected, it may become a state question on the ballot for a vote. With enough votes, it will become law in Florida. Please sign and collect signatures (instructions below).

BALLOT TITLE: ABOLISH ABORTION

BALLOT SUMMARY: Abortion deprives an innocent human being of the inalienable right to life, liberty and the pursuit of happiness. Any person who performs or procures an abortion shall be guilty of premeditated murder in the first degree, and any person who attempts to perform or procure an abortion shall be guilty of felony attempted murder. This provision shall prevail over any other conflicting provisions.

ARTICLE AND SECTION BEING CREATED OR AMENDED: Amends Article I to create a new Section 28.

FULL TEXT OF THE PROPOSED CONSTITUTIONAL AMENDMENT: Article 1, Section 28. Abortion is Murder – Inasmuch as abortion deprives an innocent human being of the inalienable right to life, liberty and the pursuit of happiness, any person who performs or procures an abortion shall be guilty of premeditated murder in the first degree, and any person who attempts to perform or procure an abortion shall be guilty of felony attempted murder. This provision shall prevail over any other conflicting provision(s). “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device, to intentionally kill an unborn human being. “Unborn human being” means the offspring of human beings, from the moment of fertilization of the ovum of a female individual by the sperm of a male individual until either live birth or natural death, whether conceived and/or located inside or outside the body of a human female.

Daz was nice enough to render the resolution into text, so here it is:

We are calling on the legislature to do its job and protect the innocent.

WHEREAS all human beings are created in the image of God, and are thus endowed by their Creator with an inalienable right to life—

WHEREAS governments are instituted by God among men, being charged with the duty to secure this right and establish justice for all—

WHEREAS the Constitution of the United States is the supreme law of the land throughout all the states and territories of our nation—

WHEREAS the Constitution of the United Slates mandates that no state shall deprive any human being of life, liberty, or property, without due process of law, nor deny to any human being within its jurisdiction the equal protection of the laws—

WHEREAS the Constitution of the United States in no way, shape, or form gives the Supreme Court the right to pervert the meaning of the Constitution and impose this perversion upon the other branches and/or states with the legal force of the Constitution itself—

WHEREAS the policy of following judicial precedent (stare decisis) is merely a judicial policy and not a rule of law mandated by the Constitution—

WHEREAS our state legislators, judges, and executive officers have sworn a solemn oath to support, obey, and defend the Constitution of the United States—

WHEREAS murder deprives an innocent human being of life—

WHEREAS abortion is murder—the murder of the weakest and most innocent human beings within our midst—

WHEREAS any government that allows murder to go unpunished has abandoned its most basic moral duties and obligations—

THEREFORE,
We the people of the State of Florida are:

Resolved. That by allowing the murder of innocent children to go unpunished, the government of the State of Florida has abandoned its most basic moral duties and obligations—

Resolved. That by falsely claiming that the “right” to murder one’s child is a right mandated by the Constitution of the United Stales, the Supreme Court has perverted the meaning of the Constitution—

Resolved. That our state legislators, judges, and executive officers are bound by neither law nor moral duty to accept or enforce this perversion of the Constitution—

Resolved. That our state legislators, judges, and executive officers are bound by solemn oath and moral duty to oppose this perversion of the Constitution within our state—

Resolved. That our state legislators, judges, and executive officers are bound by solemn oath and moral duty to provide the equal protection of the laws to all human beings in our state.

BEING SO RESOLVED,
we hereby respectfully demand that our state government stop protecting the murder of children by abortion within its jurisdiction and establish justice for all pre-born human beings in our state. We demand that our legislators stop passing laws to regulate abortion, and instead outlaw all abortion as murder. We demand that our judges fulfill [sic] their oaths of office and stop rubber-stamping the Supreme Court’s perversion of the U.S. Constitution in Roe v. Wade and Planned Parenthood v. Casey. We demand that these changes be made now—not five, ten, or fifteen years down the road. In short, we the people of the State of Florida demand the total and immediate abolition of human abortion as the legal, Constitutional. and moral duty of our elected and appointed officials.

Via AAFL.

The Rewards of Being A Dirty Rotten Judge: $203,100 A Year.

Judge Walter S. Smith Jr. (right) swears Felipe Reyna in as an Associate Justice of the 10th Court of Appeals in January 2004. (Baylor University).

Judge Walter S. Smith Jr. (right) swears Felipe Reyna in as an Associate Justice of the 10th Court of Appeals in January 2004. (Baylor University).

Appointed to the Western District of Texas by President Ronald Reagan in 1984, Walter S. Smith Jr. quickly developed a reputation as one of Texas’ harshest federal judges. People who worked with him knew he had a temper.

That’s what a former clerk in Smith’s Waco office says she had in mind when he forced himself on her in the late 1990s. After harassing the woman at work one morning, Smith called her into his office, wrapped his arms around her and shoved his tongue down her throat as he pressed his erection into her, according to a deposition the woman gave in 2014. He tried to direct her toward the couch even as she pulled away and kept saying no.

“I just panicked, and all I thought about was his anger, you know,” the woman testified. “And I was like how am I going to get out of here without making him angry.”

A panel of judges with the federal Fifth Circuit appeals court began investigating Smith after a Dallas lawyer named Ty Clevenger filed a complaint against the judge in 2014. Clevenger wants Congress to impeach Smith for his conduct toward women in his office. In late 2015, the Fifth Circuit judges didn’t recommend impeachment, but rather handed Smith the super serious punishment of barring him from hearing any new cases for a full year. They’ve also asked that the court’s so-called Judicial Council keep investigating Smith for allegations of additional sexual misconduct.

But as the Express-News first reported yesterday, Smith, 75, submitted his resignation to President Barack Obama last week. Which means that, as a retired federal judge, he’ll draw an annuity equal to his current salary of $203,100 per year – for the rest of his life.

There’s much more at the linked article, be warned, there is a great deal of detail about the sexual abuse and harassment. Too little happened to this horrible excuse of a human being, and now, he’s managed to put himself in the cosy position of receiving a great deal of money every year until he dies. Perhaps that won’t be long, given his age, but whether he lives one year or twenty more years, this is a slap in our collective faces of just how rotten the system happens to be. This man has seen little punishment for what he put his co-worker through, and now he gets to be rewarded by a guaranteed golden salary. Saying serious reform is needed is a serious understatement.

Full story at San Antonio Current. Content Note: extensive detail of sexual abuse and harassment.