Standing Rock Trial Update: Court Solidarity Success

Progressive Christian Social Action

Arrested at Standing Rock on Nov. 11, 2016

Standing Rock Trial Update:  Court Solidarity Success

One year ago today, I was arrested at Standing Rock Reservation with three local friends–Janie Kesselman, Shirley Osgood, and Christy Hanson–and over twenty-five other people at a Water Protectors’ action.  We were taken to several different North Dakota jails, then released on bail.  We all went back to our homes, dispersed around the country, and awaited our trials.  Mine was scheduled for December 8, 2017.

Most of us pleaded “not guilty” to the misdemeanor charge of “obstructing a government function.” We hired our own lawyers or were assigned public defenders, who worked closely with the Water Protectors Legal Collective, the group that had given us legal training and paid our bail.  The Freshet Collective also gave us support.  They looked us up and put us in touch so that we could communicate with each other directly.

We refused to consider any offers from the prosecution that did not include us all, and held fast to our right to a jury trial.  By doing so, we were engaging in “court solidarity,” a tried and true legal tactic for practitioners of active nonviolence.  The purpose is to take the struggle for justice to the courts and to act in solidarity with each other to protect the most vulnerable among us from being targeted with disproportionate fines or jail time.  In this case, Indigenous people would have been the most likely to be targeted, but court solidarity also gives a degree of protection to anyone who might be targeted on the basis of race, ethnicity, religion, class, age, gender identity, sexual preference, disability, etc.

Finally, just a few weeks ago, as we were beginning to make travel arrangements to return to North Dakota for our trials, we were offered a settlement that looked pretty good.  Many of us who were arrested together consulted together online, and when we were all agreed, we accepted the offer.  It’s called a “pre-trial diversion,” which means that we don’t have to travel back to North Dakota, plead guilty, or pay fines.  We do have to pay the standard court fees of $350, but that mostly means forfeiting the bail that was already paid.  And we each have to donate $100 to a North Dakota Charity.  I sent my donation to the Great Plains Food Bank in Fargo, North Dakota.

We also had to agree to six months of unsupervised probation, with the only stipulation being that we avoid any other criminal charges.  This part of the agreement concerned some of us, who feel it is important to maintain our flexibility, because you never know when strong and courageous nonviolent direct action might be necessary.  But according to my lawyer, it is unlikely that arrests in another state for nonviolent action would be reported to Burleigh County, North Dakota.  Regardless, he said, “You could probably go back to North Dakota and rob a bank and they’d still not renew this case,” because the courts are so ready to be done with the backlog of these cases.  After the six months, our cases will be closed and we won’t have a conviction on our records.

This was a court solidarity success.  But now we all must stand in solidarity with anyone else who faces charges related to Standing Rock.  The authorities can’t deal with all these cases, but they would like to make an example of someone.  Judge Merrick, who was scheduled to be my trial judge, threw a 27-year old man and a 64-year old woman in jail a couple of weeks ago. They weren’t even given time to get their affairs in order, but were remanded to jail immediately.  See more about these cases here.

Meanwhile, Chase Iron Eyes, a Lakota who grew up on the Standing Rock Reservation, is being charged with inciting a riot, and he faces five years in jail, despite the fact that Standing Rock was a strictly peaceful and prayerful encampment.  See a short film about his case and sign the petition to drop his charges here.

Meanwhile, a federal judge has ruled that the Dakota Access Pipeline was constructed illegally and is pumping oil illegally.  The fight is not over yet.

Thanks to all who gave so generously to my three local friends and I to help us raise money for our legal fees.  Because we don’t have to go back to North Dakota for trials, we have extra money left over, which we will split between the Water Protectors Legal Collective and the Freshet Collective.  If you donate to these organizations, you support other people facing trials for charges related to Standing Rock as well.

As I wrote in Love in a Time of Climate Change:

“Regardless of the outcome of the struggle, Standing Rock has become a symbol of Indigenous resistance to the degradation of creation for the sake of profit. It is also a model that will be replicated as people seek to protect the rights of Native people and the gifts of creation in this critical time. Standing Rock represents the much larger struggle of bringing peace, justice, and healing to the earth. It demonstrates that when people come together in peace and in prayer, there is hope that creation may be protected and justice may prevail against the principalities and powers of this and any age.”

See Sharon’s previous blog posts about Standing Rock and resistance to the Dakota Access Pipeline in North Dakota.

To receive an email notification each time Sharon posts to her blog, click the “Follow Sharon Delgado” button at the right.

 

Standing Rock Victory and Trial Updates

Progressive Christian Action Blog

Standing Rock Victory and Trial Updates

DCUSPp8UwAAX1zY

People who have supported the Standing Rock Sioux in their struggle against the Dakota Access Pipeline are celebrating a victory, as we hear the news that a federal judge ruled on June 14 that the Army Corps of Engineers must review the permits that allowed the pipeline to go through.  President Donald Trump had signed executive orders speeding up the approval process of both the DAPL and the Keystone XL pipelines, but this ruling is yet another example of Trump Administration policies that do not stand up under scrutiny by the courts.  Fortunately, there are still judges who rule based on laws to protect people’s rights and the commons, laws that were often put in place through the democratic process fueled by people power.

Trials against water protectors and allies who stood with them are proceeding.  Many have been dismissed.  Standing Rock Chairman David Archambault II and Council member Dana Yellow Fat were acquitted by a jury.  The trials of those of us who travelled to Standing Rock from Nevada County have been postponed until November or December.  My trial is now scheduled for December 8.  Our lawyers are still working with the  Water Protectors Legal Collective, the organization that bailed me out after spending four days in Burleigh County Jail.

I join my prayers with the Standing Rock Tribe and with people around the world in joy at this partial victory and in hope that justice will prevail.  In words from my new book, Love in a Time of Climate Change,:  “Regardless of the outcome of this struggle, Standing Rock has become a symbol of Indigenous resistance to the degradation of creation for the sake of profit. It is also a model that will be replicated as people seek to protect the rights of Native peoples and the gifts of creation in this critical time. Standing Rock represents the much larger struggle of bringing peace, justice, and healing to the earth. It demonstrates that when people come together in peace and in prayer, there is hope that creation may be protected and justice may prevail against the principalities and powers of this and any age.”

See more of Sharon’s blog posts related to Standing Rock, including posts about her arrest and upcoming trial. 

Read the full excerpt, Indigenous Resistance and Standing Rock here, from Love in a Time of Climate Change.

 To receive an email notification each time Sharon posts to her blog, click the “Follow Sharon Delgado” button at the right.

 

Good Friday: Contemplation and Resistance

Good Friday 2014 at Beale Air Force Base

Today is Good Friday, the darkest of days, when Christians remember the crucifixion of Jesus and stand by him in his suffering.  It is also a dark season in the world, with the Trump Administration dropping the “mother of all bombs” in Afghanistan, threatening North Korea, bombing Syria and Yemen, targeting immigrants, abandoning climate legislation, dismantling the social safety net, eviscerating education, and unleashing corporations to wreak unregulated havoc on the earth.

I grieve.  I enter and face the darkness.  I resolve “to know nothing but Jesus Christ and him crucified,” as Paul did when he visited the Corinthians (1 Cor. 2:2). This has been my ongoing spiritual practice during this season of Lent.

Contemplating the death of Jesus in prayer and holding space for that story throughout the day grounds me in the painful reality of Jesus’ time and of ours.  It helps me to face and bear what seems unbearable—that the evil powers of this world, the “rulers of this age” (1 Cor. 2:8), seem to have the upper hand, and are crucifying what is precious, destroying our hopes and dreams and everything that we hold dear.  But the ability to bear this apparent reality—that the dominant institutions and systems of our world are moving us toward global death—depends on my determination to resist.  Otherwise, how could I simply “accept” this cruel, unjust, and unspeakable state of affairs? That would be consent and complicity.  Instead, I choose to stand in solidarity with the crucified Jesus and all other victims of Empire, to follow him in nonviolent resistance to the Powers, and to risk the same fate.

For me, contemplation and resistance go together.  In contemplation, we assimilate actions that we have taken in the world and receive clarity and inspiration for further actions of mercy, justice, and nonviolent resistance to the Powers.  In our actions in the world, we express the love and insight that we have received in contemplation. Contemplation and resistance go together.

Reflecting on the cross, the death of Jesus, and all the other deaths throughout history can bring us face to face with our complicity and our rock-bottom poverty of spirit.  We may even experience what seems to be the absence of God, as Jesus did as he hung on the cross, crying out: “My God, my God, why hast thou forsaken me?” As we reflect on our own personal failings and our participation in unjust systems, we discover our moral bankruptcy, emptiness, and inability to control the outcome of events.  We recognize that our wisdom and strength are inadequate to the task of personal and social transformation, and so we surrender ourselves, our very being, to God, whose wisdom and power are hidden in mystery.  Our ego stops trying to justify and defend itself.  We die to ourselves.  We enter the darkness, the depths, the journey of emptiness and loss and letting go, the dark night of the soul, trusting beyond trust, where trust has been betrayed, hoping beyond hope, where all hope is gone.  Paradoxically, it is by entering this very darkness that light dawns and hope is reborn.  “Blessed are the poor in spirit, for theirs is the kingdom of heaven.”  The mystics call this the Via Negativa, the way of nothingness.  It is the Way of the Cross.

Previous blog post:  God’s Restorative Justice

Next Post:  Holy Saturday:  Following Jesus 

This post is part of Sharon’s series, A Lenten Call to Resist.

Follow Sharon’s blog by clicking the “Follow Sharon Delgado” button at the right or by “liking” Sharon’s Facebook Page.

 

Courage to Rise

16298423_750860511744837_510078918972452446_n

Today I post a poem by my love, Guari.  It is as relevant today as when he wrote it in 2001, during “Operation Enduring Freedom,” when the United States was bombing Iraq.  For me, this poem offers the hope of coming to terms with violence and oppression at both the outer, practical and the inner, spiritual level.  During this time of danger, we all need to go deep within ourselves and reach out to others to find “the courage to rise.”

Courage to Rise

What courage does it take to terrorize
what wisdom to believe the lies
what faith to trust the gods of war and greed
what intelligence to follow teachers of hate

A crucified Christ silently indicts
the politics of power, religion and state
actions born from accepted worldly wisdom
denial of the sacred for the god of belief

Truth is written by grief
on faces and bodies broken by violence
by loss of loved ones, of home, of hope

Pull the body from the rubble
take it down from the cross
carry it against the tide
away from the arena
against the crush,
the push of the crowd,
the mob’s rush
to violence and more blood

To the tomb lying open,
waiting deep in the soul
in the beating heart’s distress,
in the emptiness
there to find courage
to rise again in love

 

Find more poems by Guarionex at Guarionex Delgado, Mostly Poetry.

Follow Sharon’s blog by clicking the “Follow Sharon Delgado” button at the right or by “liking” the Shaking the Gates of Hell Facebook page.  

Rise to the Level of Love

is-1

Martin Luther King, Jr. with Gandhi photo, by my friend Bob Fitch

When you rise to the level of love, of its great beauty and power, you seek only to defeat evil systems. Individuals who happen to be caught up in that system, you love, but you seek to defeat the system.”                                        Martin Luther King, Jr.

As Inauguration Day approaches, I will be joining people in taking to the streets.  We need to resist and delegitimize the dangerous and hateful policies of Donald Trump in every (nonviolent) way we can, on every front.

But we must also keep in mind that there is much more at stake than Trump’s presidency.  The United States is deeply divided at a time when we need unified action to deal with the many national and global threats on the horizon, including climate change.  At the same time, the country is on the verge of fascism.  Spirited, creative, nonviolent resistance is our only hope to prevent the worst forms of abuse.

Trump’s election surprised many people, but it was not a fluke.  It was the result of corruption at the highest levels of both the Republican and Democratic parties, the highjacking of the electoral process as a whole, and a system of governance that is dominated by money.  The hate speech that Trump and his followers express so opening has been expressed by conservative Republicans in veiled words and discriminatory policies for thirty years, with Democrats “providing a weak and tepid alternative” to the “lunacy” that has taken over the Republican party (Mike Lofren in The Party’s Over).  As Trump’s supporters say, “At least he says what he means.”  During the primary election, the Democratic Party manipulated the process to favor the establishment candidate, Hillary Clinton.  Meanwhile, transnational corporations and wealthy donors pooled their dark money in Super PACS, seeking to buy the election with money that counts as free speech.  What could possibly go wrong?

Now Donald Trump has been elected president.  This is not because Trump spent the most money or because the majority of people favored him, but because the destruction of democracy has unleashed forces that not even Exxon Mobil or the Koch Brothers can control.  Nevertheless, powerful interests are getting on board, planning to make the most of the wealth-producing policies promised by Trump.  For instance, Energy Transfer Partners plans to go forward with the Dakota Access Pipeline, in spite of the resistance of the Standing Rock Sioux and their allies.  We shall see.

I made the case in Shaking the Gates of Hell that “the system is designed for the results it is getting.” Those people who serve the system at its highest levels are shaped by its imperatives.  They perpetuate the system’s dysfunction while benefiting from the wealth and power it offers.

It is essential that those of us who yearn for justice not fall into hate speech when expressing our justified contempt for unjust policies and systems.  Martin Luther King, Jr. is right when he calls us to seek to defeat the system, not the individuals who are caught up in the system.  As he said, “Darkness cannot drive out darkness: only light can do that.  Hate cannot drive out hate: only love can do that.”

To see more of Bob Fitch’s historic photos, scroll down the main page of http://www.bobfitchphoto.com/.  Bob, who died last year, was my friend and colleague at the Resource Center for Nonviolence in Santa Cruz.  I miss him.

Follow Sharon’s blog by clicking the “Follow Sharon Delgado” button at the right or by “liking” the Shaking the Gates of Hell Facebook page.