Standing Rock: Eviction Notice and No-Fly Zone

In less than an hour, you can pray and stand with Standing Rock. Check the link to see if there's a community gathering near you.

Important developments yesterday. First @RuthHHopkins reported the reinstating of the no-fly zone over the DAPL construction area, effective today. Then, the Army Corps of Engineers issued a letter evicting the Oceti Sakowin camp (where most people are staying) effective December 5, accompanied by a "free speech zone" far away from the pipeline's route. Here is a link to the official response from the tribe's chairman, David Archambault.

eviction p 1.JPGeviction p 2.JPG

no-fly zone.JPG

Video of press conference from the camp. https://www.facebook.com/LakotaPeoplesLawProject/videos/1015415274949702...

The water protectors are not backing down.

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lunachickie's picture

What the fuck?

That's not OUR LAND. It's THEIRS.

(edited to add) Perfect framing on that vid--"I'd like to talk about all the broken treaties". This is just another one and it should be hammered home over and over again, how our own government is breaking treaties with actual people who live on the land the treaty covered.

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I know it has been said before, but the United States of America is a free speech zone. We owe a debt of gratitude to everyone who stands up for freedom on behalf of all Americans.

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"We've done the impossible, and that makes us mighty."

lunachickie's picture

why reading the reference in that official letter is so utterly infuriating:

the United States of America is a free speech zone.

Not according to its writer. They take that very seriously, the ability to decide for me you Standing Rock Americans what encompasses The United States of America "free speech zones". It's frightening, the ease in which they use the term.

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an official in power for denigrating the freedom of the people to exercise their First Amendment rights. I don't know if I'll see it, but I can imagine it.

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"The justness of individual land right is not justifiable to those to whom the land by right of first claim collectively belonged"

sojourns's picture

it would bring me to tears.

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"I can't understand why people are frightened of new ideas. I'm frightened of the old ones."
John Cage

lunachickie's picture

This deserves its own kudo:

We owe a debt of gratitude to everyone who stands up for freedom on behalf of all Americans.

Damn right we do.

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blazinAZ's picture

This decision, coming on the heels of the Thanksgiving holiday, is not only disrespectful but continues the cycle of racism and oppression imposed on our people and our lands throughout history. . . .

I take your letter as issuing a direct and irresponsible threat to the water protectors. It appears to further empower the militarized police force that has been brutalizing and terrorizing our water protectors while imposing the blame and the risk on unarmed peaceful people.

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There is no justice in America, but it is the fight for justice that sustains you.
--Amiri Baraka

As to the wording of the letter, I would like for him to have considered using "cycle of imperialism and cultural genocide..."

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"The justness of individual land right is not justifiable to those to whom the land by right of first claim collectively belonged"

Shahryar's picture

a free speech zone far from the construction where the protectors can peaceably watch the pipeline get finished.

Thanks Obama. I saw a good Matt Bors cartoon...let me see if I can find that.

here's the link.

http://www.gocomics.com/matt-bors

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snoopydawg's picture

image_2.gif

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Which AIPAC/MIC/pharma/bank bought politician are you going to vote for? Don’t be surprised when nothing changes.

detroitmechworks's picture

Just fucking declare war and get it over with, Army.

At least then when you start shooting people, you at least own your own actions.

As it is, you're hiding behind the law and pretending there's no war here, when you're using fucking vehicles designed to intimidate and protect in a war zone.

Notice that Dr. Stein has conveniently forgotten all about this now that she's got national attention again? I sure as hell did.

Edit: Made an angry and incorrect statement, which has been corrected.

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I do not pretend I know what I do not know.

blazinAZ's picture

Jill tweeted yesterday about the situation in ND, and has been commenting all along. And the Green Party just sent an email today called "Unspeakable Police Violence," so they haven't forgotten either. They have a delegation on the ground right now.

Other than that, I agree with everything you said.

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There is no justice in America, but it is the fight for justice that sustains you.
--Amiri Baraka

detroitmechworks's picture

Because I hadn't checked her feed yesterday.

Just the fact that the Army Corp is effectively creating a Reservation ON a Reservation is making me angry, and while Americans are being attacked, the PTB think it's more important to talk about who gets to direct the beatings.

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I do not pretend I know what I do not know.

"A free speech zone". How f**king insulting. Where is that woos Obama?

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Beware the bullshit factories.

Centaurea's picture

Woos Obama's in the same place he's been while black people are being killed by police. Nowhere to be found.

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"Don't go back to sleep ... Don't go back to sleep ... Don't go back to sleep."
~Rumi

"If you want revolution, be it."
~Caitlin Johnstone

Damnit Janet's picture

That means our government, Mr. Obama, is going to drone them.

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"Love One Another" ~ George Harrison

blazinAZ's picture

that was amazing.

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There is no justice in America, but it is the fight for justice that sustains you.
--Amiri Baraka

Nearlynecessary's picture

How disgusting that the militarized police are brutalizing these peaceful protestors, ON THEIR LAND!!!

I stand with Standing Rock! If I didn't have a baby girl due in less than a month, I'd get up there to fight the good fight with all of the brave souls fighting for their land, and all of our clean water.

Infuriating isn't a strong enough word!!

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Any stained glass afficionados? Please check out my website: www.masterpieceglass.net

Nearlynecessary's picture

For staying on top of this. Your dedication is invaluable!

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detroitmechworks's picture

The Army is claiming that:

1. The Water District Overrides the Tribes Rights.
2. The Tribe is Responsible for everybody who stays on the land.
3. The Legal code that is quoted doesn't specify anything other than a "Magistrate" hearing the case. Which suggest there will be no pesky Judges or Juries to overturn the Army's decision. (Inference from CFR 327, Violation Clause)

If this is now the Army's stance, Obama can stop this ALL with a simple order. He's Commander in Chief, he can do it.

IANAL, but because this is all wrapped in US Regulation upon territory that is ceded by treaty, there's no justification for this action legally. The seizure of the land is the illegal action which all of these legal arguments rest on. IIRC, this is textbook "Fruit from the Poisoned Tree".

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sojourns's picture

to decide whether the case has merit to be heard in a federal court.

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"I can't understand why people are frightened of new ideas. I'm frightened of the old ones."
John Cage

detroitmechworks's picture

http://standingrock.org/fort-laramie-treaty/

A pipeline is a BIT bigger than a Warehouse and a Sawmill. And the Six buildings that were agreed to as part of the Treaty.

Plus a Pipeline Ain't A Railroad. And Corporations are mostly Run by white people... so there's another treaty violation right there.

So, yeah, even in the damn treaty, there's nothing that allows this shit. Only one that MIGHT be a bit of legal weasel is the "Agents of the Government in the pursuit of their duties" clause, but again, that's a total weasel on the SPIRIT of the treaty, if not the exact wording. (If you wanted to go NRA hair splitting, they could claim the treaty says that nobody except government agents can move through or settle the land, therefore the Government is settling the land, therefore no treaty has been violated... but that's a total dick stance to take.)

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I do not pretend I know what I do not know.

sojourns's picture

It is an illegal war.

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"I can't understand why people are frightened of new ideas. I'm frightened of the old ones."
John Cage

snoopydawg's picture

using their First Amendment Right against the Posse Comitatus act against the law?
According to this article from Wikipedia it is.

The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878 by President Rutherford B. Hayes. The purpose of the act – in concert with the Insurrection Act of 1807 – is to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the United States. It was passed as an amendment to an army appropriation bill following the end of Reconstruction, and was subsequently updated in 1956 and 1981.

https://en.m.wikipedia.org/wiki/Posse_Comitatus_Act

Edit: my bad, I didn't read far enough in the article.

The Act does not apply to the Army National Guard and the Air National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state's governor. .

Still Obama is sitting by while the people who he swore an oath to protect are being brutally attacked by the police and mercenaries and in some instances one could say that they are attempting to murder people when they deliberately shoot the rubber bullets at people's heads and faces. And just for fun, some of them are aiming for people's genitals.
What type of sick F'ck gets off on doing those things?

As I have stated before, Obama would not have become president if the people in the civil rights movement hadn't endured these same actions.
I have two words to describe Obama's action during his two terms.

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lunachickie's picture

I want to say this has recently come up, during Baby Bush's tenure. Was it the PATRIOT Act which made (or tried to make) Posse Comitatus null and void, somehow?

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snoopydawg's picture

Bush created a special unit that was supposed to be able to bypass PC but I don't remember if they could be used because of a terrorist attack or something else. Not a natural disaster because that's what the guard is used for.
I'll look into what they were supposed to be used for.

I thought this was amusing from the article.

The Enforcement Acts, among other powers, allow the President to call up military forces when state authorities are either unable or unwilling to suppress violence that is in opposition to the constitutional rights of the people.[3]

I don't think we will ever see a time when state authorities are unwilling to suppress violence, especially when they are called up to put down peaceful protesters.

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lunachickie's picture

two words? That's it??? I've got way more than that for Obama and his mealy-mouthed platitudes for this situation.

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snoopydawg's picture

The two words are what he has only been while he has been president.
Very unpolitical. And racist.
I too have many word for his actions though.

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Lookout's picture

and keeping us addressing this important movement.

Have y'all heard this story from 153 years ago?
[video:https://www.youtube.com/watch?v=2u1ROkldhkU]

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“Until justice rolls down like water and righteousness like a mighty stream.”

Song of the lark's picture

their faces, crush their tents, throw out their library and arrest them. 80 percent of our energy in the United States is from carbon coal, nat gas, and oil. Oil runs everything. Without oil we look like Somalia in 3 months. The strategic oil reserve is about a month or less worth of oil use in the US. This is the reality. Yes fight the pipelines, oil trains etc. but in a fundamental way we have to find a way to transition. These kinds of transitions usually take 40 years. If we started when President Carter suggested we would be almost there now. But alas. The carbon fiends have us in their grip. Practice resistance yes but support a transition as best you can, whereever you can and in any way you can. It's our only hope Obi wan.

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Pluto's Republic's picture

Bad Russian bullies are controlling the US elections. They took advantage of the fact that the US is too enfeebled to establish a modern and consistent Federal election system for the Presidential race. Besides, "informed officials" would say "no." They are familiar with how the people's frightened worship of their obsolete constitution so easily disempowers them, distorting their Human Rights from inalienable to conditional. What's not to love?

The US is far too impoverished to provide its people with such luxuries as a social safety net or national health care. Wall Street says such Human Rights would create a moral hazard in the minds of the people. Instead, armed with no personal security at all, Americans are forced to reduce their standard of living so that the corporations can secure their global rulership over all mankind and the Earth, as well. Poorer countries must be developed and acculturated so that they will consume the stuff that makes our corporations rich.

In the meanwhile, those awful terrorists who object to US intervention — designed to crush their governments and seize their resources — continue to act out. They refuse to accept US supremacy. So the vulnerable American leaders have no choice but to roam the world, spending all of America's public treasure, attacking and killing brown people everywhere. The US understands well that these populations must be put down completely if they refuse to accept the destruction of their culture. Americans only recently enacted the mightiest continental-wide genocide in human history, and they can see how beneficial that was for them. Americans know what must be done.

Somehow this year, a scary Fascist-Nazi, a direct descendent of Hitler, was elected President. He and is family will be living in the White House, which is filled with buttons and nuclear codes. His election — which the hopelessly insecure and confused Americans did not see coming at all — turns out to be a sneak attack by Russians. Russian technology is so superior and frightening in its power, that the US government cannot even defend itself from inside the country, absorbed in the very elections the Russians invisibly hacked and turned upside-down. We now know that the Russians arranged for President Scary to be elected and rule over the United States. The American people are so weakened by their fever dreams that they've convinced themselves He is going to put most of them into concentration camps. The entire country will then be controlled by Nazi Stormtroopers, and neither the Americans not their government can do anything to stop the chaos. The US government was paralyzed when the famous "checks and balances" of the Constitution suddenly lost all power and authority. Soon, very soon, Americans will be compelled to learn German and speak Nazi.

And, now, for godssake, the entire world wants the US to lead the way in cutting back on burning fossil fuels, which threaten human life on Earth!

Yes fight the pipelines, oil trains etc. but in a fundamental way we have to find a way to transition. These kinds of transitions usually take 40 years. If we started when President Carter suggested we would be almost there now. But alas. The carbon fiends have us in their grip. Practice resistance yes but support a transition as best you can, whereever you can and in any way you can.

But that would be a transition, and transitions are really, really hard and inconvenient, not to mention, unprofitable for our corporations. America is too big and too close to global domination to even consider changing their profitable policies. Let the Throwaway People of the World adapt to the storms of climate change. The US has an Empire to establish, ruled by Neoliberal Jesus, who looks exhausted and sounds a little bit crazy when he whispers instructions into Neocon ears.

If only Americans had remembered to build a modern infrastructure in the late 20th century. But the "welfare queens" used up most of the nation's wealth before Bill Clinton could stop them. Many believe that it is the poor people with their sub-prime loans, and not the bankers, who caused the global financial crisis. There's a feel-good narrative.

To make matters worse, China is flaunting its successes the face of frightened Americans ["USA!, USA!, USA!"] by getting things done in South America and Africa — continents that rightly belong inside the Corporate Zone of the United States. The Chinese are helping these emerging nations build fast and efficient 21st -century infrastructure so they can more easily trade with the world and prosper.

The US view is that "China stole our colonies, which sit atop resources that rightly belong to white people." That, along with China freeing the Throwaway People of the World from the tyranny of US Dollar hegemony. Undeveloped countries can now secure loans outside the deadly IMF and their World Bank hit-men. China is a clear and present danger to the vulnerable Americans. They are even more terrifying now that they are capitalists. The US can only Pivot to Asia and send the US Navy in to disrupt China's international trade routes. The US hopes to provoke a cold and devastating economic war that will force China to the back of the bus where it belongs. And kill that whole Eurasia thing, an idea that simply terrorizes the poor "unnamed government officials" who run the Federal government.

That's why we can't have nice things.

The government is not interested in leading the way to the type of changes that makes life more fulfilled and complete for all humans. When it comes those sweeping moral actions that benefit humanity, the US is terribly reluctant. Unless there are privatized profits involved, it can only happen in the most incremental way, progressing very slowly, if at all. The nation's corporate Overlords require the government ignore the needs of humanity and focus solely on removing limits and restrictions that hold the corporations back from robust predatory capitalism and interfere with entropy profiteering

Meanwhile, in other news:

November 2016 — China’s Cabinet issued a new climate plan targeting an 18 percent cut in carbon emissions by 2020 compared with 2015 levels, on the same day that the Paris Agreement involving nearly 200 countries took effect. Under the new State Council plan announced Friday, coal consumption must be capped at about 4.2 billion tons in 2020….

China has taken a leading role in climate change talks…. China will guarantee that emissions peak no later than 2030 under the Paris pact. There are also plans to officially launch a national carbon trading market next year.

Central economic planners earlier this year declared a halt on new approvals for coal plants. Energy officials went a step further last month when they declared a construction freeze on scores of partially built plants across more than a dozen provinces, garnering praise from environmental groups like Greenpeace.

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____________________

The political system is what it is because the People are who they are. — Plato

and other renewable energy products, which will make energy from renewables cheaper than energy from oil.

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Beware the bullshit factories.

riverlover's picture

utility companies are still putting a drag anchor on solar and wind to existing spaces. Captured industry? My local utility is owed by a company in-gasp-Spain!

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Hey! my dear friends or soon-to-be's, JtC could use the donations to keep this site functioning for those of us who can still see the life preserver or flotsam in the water.

Deja's picture

If only Americans had remembered to build a modern infrastructure in the late 20th century. But the welfare queens used up all our money and they caused a global financial crisis.

Delicious lol!

But, in all seriousness, you, as usual, are spot freaking on! Sad

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lunachickie's picture

If not, it damn sure should be. So spot-on it's scary...

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snoopydawg's picture

The US military uses the most oil and gas because of their adventures all over the Middle East and the other countries they are in.
I live by an Air Force base and watch the jets fly over for 2-4 hours many days a week.
The jets use more gas in an hour then a family of 4 uses in a month or year. Don't remember which.
And that is the reason why they are invading all those countries that have oil under the guise of protecting people.
Funny how we don't invade and protect the people in countries living under brutal dictators who don't have oil in them, isn't it? Smedley told us that he had been muscle for hire to make countries safe for chevron and Chiquita bananas and other corporations.
We are overthrowing Assad for Saudi Arabia and Qatar because he told them that they couldn't build pipelines in Syria.
We went into Afghanistan to get OBL, but we are still there even though he's been dead for years?
Why? Trillions in lithium and other minerals over there.
I agree with you that we need to go over to green energy, but the oil companies run our government.

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Song of the lark's picture

We have got ourselves in quite a fix. Even our green energy has substantial carbon footprint. ( it's diesel tractors and ships that dig and move that lithium ) and it's all carefully controlled. I put up solar panels but was strictly proscribed in the number so there was no way to make extra energy, or sell into the grid. Corporations wrote those rules and bought the politicians. I'll tell you a secret. I think our civilization is going insane on complexity and corruption. I no longer know what to do about it except try to keep myself safe and work hard as I can.

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Pluto's Republic's picture

I think our civilization is going insane on complexity and corruption.

I sadly agree. Our inability to grasp the new complexity renders so many good ideas and solutions discussed here as little more than "thought and forgot" experiments. The fuel is wet and we can't start a fire.

To me, the complexity you mention is a very serious obstacle in forward development in the US. Americans live in complete geographic isolation, so when the systems-complexity of the 21st century arrived, it blinded our culture, which is already mired in misinformation and propaganda. Without neighbors, Americans did not develop the ability to think in the language of entanglement and complexity. Americans still don't understand 9/11, for example. They are still not shocked at their own profound stupidity in attacking Afghanistan, of all places, and continuously killing these innocent people over the past fifteen years. Putting the monumental immorality aside, Americans are blind to the looming consequences of this stupidity; quantum counter-reactions to this murder and mayhem that will certainly impact the US.

Complex thinking:

Recent headlines, like Brexit and Trump, have been dominated by stories that require us to trace intangible butterfly effects to fully understand. For example, one of the triggers of the Arab Spring that exploded in early 2011 was the spike in food prices in Egypt and Tunisia. The countries’ main source of wheat imports was Russia, where a drought six months earlier forced Moscow to ban exports for the first time ever.

As Arab states (especially Syria) collapsed, the refugee surge into Europe deepened a political crisis over migration that tipped the UK’s Brexit vote by just enough percentage points to bring about the most unexpected outcome.

And the isolationist populism shared by British midlanders and America’s nativist Trump supporters traces back to the stagnation of incomes resulting from the globalization of industry and finance.

And America’s past three decades of trade deficits with China pushed trillions of dollars of capital offshore that effectively subsidized China’s new mercantilism worldwide. The individual acts of outsourcing manufacturing to China and buying more goods from China were not intended to finance African infrastructure and remap its geopolitical loyalties—but they have.

Great humanities scholars such as Harvard’s William James already thought in quantum terms over a century ago. His radical empiricism posited that we cannot objectively analyze the human condition outside of the diverse and meaningful connections that imbue it.

If American's cannot think critically, with quantum complexity, are they fit to vote in an election that intersects with foreign policy? It is this American disability that makes their thinking and ideas look barbaric and insane.

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____________________

The political system is what it is because the People are who they are. — Plato