Obama’s Army Corps Calls for Help While Obama’s Justice Department Refuses Aid

Only two weeks after the United States Department of Justice refused assistance to North Dakota law enforcement dealing with the Dakota Access Pipeline protest, the federal government has now called upon the Morton County Sheriff’s Department for assistance removing protesters from U.S. Army Corps of Engineers lands.

In a letter to Sheriff Kirchmeier, Col. John Henderson, Omaha District Commander of the U.S. Army Corps of Engineers, requests assistance from law enforcement to remove trespassing protesters from federal lands. According to the letter, the Corps has not provided any permits for permissions for anyone to access that area of federal property, it has also not been opened to public use for recreation or camping. The letter also includes a map of the area where the Corps is requesting assistance to remove the protesters.

It’s ironic that despite the failure of the federal government to provide resources to the state government, local and state officials are still being tasked by the federal government with removing the protesters. Even more ironic is that the Secretary of the Army, a political appointee by President Obama, was one of the signatory parties to a letter encouraging a stoppage of construction and further review of the project despite the work already conducted by Col. Henderson’s District and two other Corps districts with jurisdiction over the pipeline route. These political actions have in fact allowed the protests to continue despite multiple federal orders that pipeline construction should continue.

Recent comments by the administration have also done no service to law enforcement who are struggling to keep law and order in the area, protect property and workers, and have exercised considerable restraint despite multiple violent actions during protester’s resistance to removal from illegally occupied land. It’s becoming more clear that for officials in Washington these protests are a political football to be kicked around, rather than a safety issue for thousands of Americans who need immediate relief to protect themselves and their property from harm by violent protesters willing to stop at nothing to get their way.

Sadly, it’s also become clear that Mr. Obama is so far removed from the events on the ground, even when his District Commanders are crying out for help, nobody in the Administration is listening.


Forum Editorial: Pipeline Protest is Failing

The difference between a peaceful protest and criminal activity is obvious to honest observers. The problem with the Dakota Access Pipeline protest near Cannon Ball, N.D., is that honesty is in short supply. Or better yet, the definitions of “honesty,” as defined by the people caught up in the protest, are not the same.

Those realities will not be solved soon because they are rooted in historical imperatives that have been in conflict for generations. The stain of the nation’s treatment of American Indians and the conditions—some self-inflicted—in which native communities find themselves in the 21st century will not be resolved at an oil pipeline protest. Indeed, they are being exacerbated.

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President Obama Just Made the Dakota Access Pipeline Situation Worse

With a few words to a reporter, President Barack Obama just took the rule of law, crumpled it up, and tossed along a riverbank in North Dakota.

Here’s what he told NowThis about the recent actions by his administration and the protests over the Dakota Access Pipeline:

I think, right now the Army Corps is examining whether there are ways to reroute this pipeline. So we are going to let it play out for several more weeks and determine whether or not this can be resolved.

This was “resolved” months ago, after state and federal agencies signed off on the project.

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Bismarck Tribune Editorial Supports Law Enforcement Actions

In an editorial published today, the Bismarck Tribune supported the actions of law enforcement to remove protesters from private land, and to clear a roadblock from a public highway. According to the paper, “there were obvious violations of the law.”

The paper also correctly characterized the operation to remove protesters following their failure to comply with police orders to withdraw from private property; “To the outside world it may have appeared like a military operation, but law enforcement needed to protect themselves. Overall, the operation went smoothly with no serious injuries. It’s unfortunate the situation came to this, but some of the protesters refused to back off.”

This has been the case for several months now in North Dakota. Protesters have encouraged law enforcement to arrest them by failing to comply with instructions to come down off of equipment, to not cross fence lines onto private property, and to maintain a safe distance from public roads. Protesters often have failed to comply and put public safety and the safety of workers in jeopardy which has led to arrests. To then claim that they have been treated unfairly is a gross mischaracterization of police operations, which have taken place only to ensure the rule of law and public safety.

Physical resistance to law enforcement is mounting, and it has begun to divide the protest camps according to the Tribune, “There seems to be some discontent in the camps with dissatisfaction growing over the more militant factions. Some would like to see them evicted. Part of the problem is the reluctance of the protesters to admit to any wrong. They don’t want to concede that law enforcement encountered resistance, not just verbal but physical. During Thursday’s removal of protesters, Tribune video captured protesters arguing over tactics. One was trying to put out a fire while encouraging others to retreat. Another urged protesters to stand their ground and force the issue. He wasn’t seeking a prayerful response.”

Law enforcement has put themselves on the front lines to protect the community, and to ensure the safety of the public amid the increasingly violent protests. It is encouraging to see media like the Bismarck Tribune come out in defense of law enforcement, when so many other outlets appear only to be interested in telling the story from the side of protesters who continue to mischaracterize their own actions as peaceful, when they have only incited violence and lawlessness.


President Obama Issues Statement on Dakota Access Pipeline Protests

President Obama was asked about the Dakota Access Pipeline and its ongoing protest in a NowThis interview yesterday.

The President called for law enforcement to show restraint and for protesters to remain peaceful over the next few weeks as his administration “let it play out and determine whether or not this can be resolved in a way that is properly attentive to the traditions of the First Americans.”

 “Letting it play out” has only brought violence and civil unrest to North Dakota since the Executive Branch through the Department of the Interior, Department of Justice and the Department of the Army called for a closer review of the already fully permitted Dakota Access Pipeline (North Dakota, South Dakota, Iowa, Illinois, U.S. Army Corps of Engineers)

It’s unfortunate that the President fails to recognize the incredible restraint showed by law enforcement to this point. Protesters have held largely unpeaceful gatherings which in recent days have culminated in the attempted murder charge of a law enforcement officer and the construction and burning of barricades and bridges along public highways following multiple lawful requests for protesters to withdraw from illegally occupied private property.

Already over 400 individuals have been arrested for charges including arson, trespassing, assault, and attempted murder. There is nothing peaceful about these actions, nor have the protests of the last few months remained peaceful.

Throughout these protests, the Department of Justice has refused assistance to local law enforcement who have remained committed to protecting public safety and private property, as well as enforcing the ruling of two United States Federal Courts: the U.S. Circuit Court for the District of Columbia, and the U.S. Circuit Court of Appeals for the District of Columbia. Both courts agreed that construction on the Dakota Access Pipeline was lawfully permitted by both the state and federal governments and should be allowed to continue.

It’s time to stop playing politics with this volatile situation. President Obama and his Administration should provide resources for members of law enforcement to enforce the laws in the State of North Dakota and respect the federal process that was adhered to throughout the permitting process.


Time to Move Forward on Critical Energy Infrastructure Project

President Obama’s announcement that his Administration was looking into possible “re-routes” for the Dakota Access Pipeline is a deeply troubling, unprecedented step not just for this pipeline project but for all future American infrastructure projects. No private company would spend the resources necessary to build a multi-billion dollar infrastructure project if there was a real risk that the federal government would halt or re-route their project once it was already more than 70% completed and approved by five governmental agencies – both state and federal.

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Pipeline Workers Thankful for Law Enforcement Presence

In a letter published in Inforum, Cory Bryson, a business agent with LiUNA Local 563, thanked local law enforcement for protecting the safety and the rights of pipeline construction workers.

He states: “Every North Dakotan deserves the right to feel safe at home, at work, and in the communities where we live. The actions of the protesters who have illegally occupied private land near Cannon Ball, and ambushed construction site up and down the pipeline right-of-way, have violated those rights, even as they complain loudly about interference with their “right” to trespass and harass workers.”

Since protests began over 400 protesters have been arrested for violent charges including arson, assault, and attempted murder. Morton County, reinforced by state law enforcement and the North Dakota National Guard, is still attempting to establish the rule of law on the camps occupying land on the Cannonball River. Despite the supposed “peaceful” nature of these protests, threats to pipeline workers and law enforcement have not ceased.

In his letter Mr. Bryson calls for an end to the lawlessness, “For months now, our members have worked under constant threat, losing wages and sleep as a result of aggressive and unsafe protest tactics. It must stop. It is time for the federal government to stop delaying completion of this important national infrastructure project. Let us do our jobs, and more importantly, ensure that we are allowed to complete it safely.”


Administration Watches as Dakota Pipeline Protesters Wreak Havoc

As the nation watches protests over the Dakota Access pipeline escalate and turn violent, Americans are beginning to ask questions.

As cases of theft, trespassing, vandalism and dead and mutilated livestock in the area continue to mount, why is the federal government standing by and allowing this chaos to unfold; and why are they so unconcerned with the impact the protesters are having on local ranchers and their livestock?

The latter question is easy to answer. After successfully navigating the exhaustive federal environmental review process known as NEPA, or the National Environmental Policy Act, the Dakota Access pipeline was approved and moving forward, only to run into the buzzsaw of offensive environmental litigation.

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President’s Podium: Dakota Access Pipeline

I was extremely privileged in the last several days to have the opportunity to travel to North Dakota as President of the National Sheriffs’ Association to see firsthand the protest and the response thereto to the Dakota Access Pipeline Project near the Standing Rock Sioux Reservation about 25 miles south of Bismarck.

I learned first that the pipeline project, which has been in the works for several years, will traverse four states including North Dakota, South Dakota, Iowa and Illinois carrying crude oil. First, I was surprised to learn that a natural gas pipeline is already underground on the same right of way. The DAP has received all federal approvals over several years and, litigation which attempted to stop it in the federal courts has been resolved. Despite this project being very “federal” in nature and clearly in interstate commerce, the Obama administration has refused to provide any law enforcement or other support to North Dakota state and local law enforcement that has placed them in the position of having to enforce the rule of law. As usual, law enforcement is put between the rock and hard place due to various political agendas.

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