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.

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Standing Rock: Together We Rise

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Today at 4 p.m. we’ll be out in the rain, standing on the Broad Street Bridge in Nevada City, holding signs that say “Support the Standing Rock Sioux,” “No DAPL,” and “Water is Life.”   We are joining today’s worldwide day of emergency actions called by the Indigenous Coalition at Standing Rock against the Dakota Access Pipeline (DAPL).   These actions are a response to yesterday’s announcement by the Army Corps of Engineers of their intention to grant the easement for the pipeline to be installed under the Missouri River near the Standing Rock reservation, endangering their water and the water of millions downstream.  This decision is an attempt to bypass the Environmental Impact Statement required by an earlier decision by the Army Corps under the Obama Administration.

People knew this could be coming.  Although Trump has now sold his investments in DAPL, the CEO of Energy Transfer Partners, Kelsey Warren, gave over $100,000 to his campaign.  One of Trump’s first actions as president was to sign executive orders attempting to streamline both the Dakota Access and Keystone XL pipelines.

This is just one of the shocks coming down from the Trump Administration in its first weeks, shocks that have thrown the country and world into dangerous chaos, but have also triggered massive resistance. May Boeve, Executive Director of 350.org said,

“Trump clearly doesn’t know what he’s doing. Indigenous peoples, landowners, and climate activists did everything in our power to stop Keystone XL and Dakota Access, and we’ll do it again. These orders will only reignite the widespread grassroots opposition to these pipelines and other dirty energy projects. Trump is about to meet the fossil fuel resistance head on.”

It is this resistance that gives me hope, even as we witness the spectacles of terror unfolding before us.  I address this in a section of Shaking the Gates of Hell called In Resistance is the Secret of Joy:

“In resistance to the institutions and systems that destroy the earth and crush the life out of people, hope comes alive. As we withdraw our consent to these Powers, practicing noncooperation, finding or creating life-supporting alternatives, what has seemed impossible becomes possible because we are willing to pay the price to make it so. It is like the difference between being a spectator in the stands and being a player on the field. As Dorothee Soelle says, `Only when we ourselves enter the game and bind our own life inextricably to the game’s outcome does hope arrive.’”

I am proud to stand with my Indigenous brothers and sisters and with people of all or no faith traditions in this struggle for water and life.  I myself seek to follow Jesus, who was tortured and killed by the ruling Power of his time.  But death does not have the last word.

Together we rise.

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.  

Find her previous blog postings about Standing Rock.  

Courage to Rise

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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.  

Resisting Trump and the Deep State

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My sister Kathie with her Pussyhat, ready to march in DC

Hold onto your hats, including the pink, cat-eared Pussyhats that thousands of women are knitting to wear at upcoming demonstrations, representing their refusal to be demeaned by Donald Trump’s lewd remarks about women during the election.  Trump’s policies, as well as resistance to them, are sure to provide a spectacle during the coming weeks, months, and maybe years.  His election as president has unleashed forces of hate and indifference that threaten those who are most vulnerable, and he is appointing people to carry out his unjust and dangerous plans.

The resistance to Trump’s policies is just getting started.  It will be strong and it will be sustained.  But we will also need to focus on the system that brought Trump to power.  As despicable as his words and actions have been, as president he will be the figurehead of something deeper and more sinister—of what Mike Lofgren calls The Deep State, a “shadow government” that dominates economic and so-called “national security” policy regardless of who is in the White House.  Our work is cut out for us.

But there are other forces at work, including empathy and gratitude, concern for others, determination to protect the gifts of creation, love of life, and a desire for the common good. I trust that these impulses, based in the Love that abides at the heart of the universe, are more powerful than the forces of hate, and will ultimately prevail.   As for me, I will be there in the streets.  I don’t yet have a Pussyhat, but I will do what I can to resist harm and support an “orderly transition” to a world of peace, justice, and environmental healing.

Read Lufgren’s recent article, “Wall Street’s Win-Win with Trump.)

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.  

Peaceful and Prayerful Resistance

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Nonviolence Guidelines at Standing Rock.

In my last post, I wrote about how my friends and I were arrested at a peaceful and prayerful action, separated, and taken to different jails.  My next post will be about my experiences in jail, as people have requested.  Today, though, I’m writing about the importance of the struggle for justice and healing that is taking place there.

The courage of the water protectors in the face of historic and current oppression is inspiring people around the world, and people are joining in to support their struggle in many ways.  The struggle continues to intensify as the water protectors refuse to back down, even as they prepare for snow and frigid temperatures.  Day by day, more allies are coming to join in the work.

Last Monday, the Army Corps of Engineers clearly stated that the Dakota Access Pipeline (DAPL) cannot legally proceed without further study and consultation with the tribe and with government agencies.  This is an apparent victory.  But Energy Transfer Partners continues to work night and day.  As of last Tuesday, the company had moved horizontal drilling equipment on to their fenced off drilling pad near Lake Oahu.  Law enforcement continues to harass water protectors and protect DAPL work.  Meanwhile, the pipeline project is in financial jeopardy, with contracts for oil delivery set to expire in January if the pipeline doesn’t go through.

Will Energy Transfer Partners stop construction or will they go forward illegally, hoping to simply be fined?  Will the Obama administration step in and enforce its temporary prohibition on routing the pipeline under the Missouri River?  That would be unusual, since the federal government has not historically protected Indigenous rights.

What about a Trump Administration?  Trump is invested in DAPL.  The CEO of Energy Partner Transfers, Kelcy Warren, contributed to Trump’s presidential campaign, and claims that once Trump is in office, the pipeline will be a sure thing.

The only hope I see in in the “power of the people” standing together in resistance to the institutional Powers that seek to ignore the sacred value of the water, air, land, and life itself, all for the sake of profit.  The institutions and systems based on the primacy of the market (that is, money), have left the waters, land, and atmosphere polluted, and have left people unable to sustain themselves and without hope.

Many people have been seeing this and have been working hard, trying to turn it around.  With climate change alone, we are reaching the end of the road.  With the election of Trump, many more people are recognizing the bankruptcy of the current system, which only exists by the consent of the people.  When we go along and enjoy the benefits of the current system, consider it normal, and close our eyes to historical and current injustices, we contribute to the problem.  When enough of us withdraw our consent, the system cannot stand.

Not all of us can go to Standing Rock, nor do we need to.  But each of us can do something.  Those of us who are committed to justice already know that we need to stand in solidarity with the many groups of people who are being targeted by hate groups emboldened by Trump’s election.   Indigenous people may help to lead us out of the present darkness, and to discover what it means to live in peaceful and prayerful resistance to oppressive Powers.  After all, they have been resisting for over five hundred years.

By joining as allies with our Indigenous brothers and sisters, not only at Standing Rock but also in our own regions, we can gain insight into who we are and what changes we need to make.  By listening and learning we can begin to understand how “settler-colonial” attitudes and behaviors have shaped us and what we can do to turn that around.  By taking a stand as allies in Indigenous struggles to protect the air, land, and water, we may learn what it means to live as human beings in harmony with the earth, from people who did so for millennia on this continent.

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.   Find previous blog postings about Standing Rock here.  

 Official website and place to donate to the Oceti Sakowin Camp at Standing Rock.    

 Articles:

Suddenly Time—and the Oil Market—are on the Side of the Standing Rock Sioux:  http://www.yesmagazine.org/people-power/suddenly-time-is-on-the-side-of-the-standing-rock-sioux-20161117

Obama Administration Halts Work on Dakota Access Pipeline: http://247wallst.com/energy-business/2016/09/10/obama-administration-halts-work-on-dakota-access-pipeline/

Dakota Access is in Financial Jeopardy: https://www.facebook.com/groups/1595421937418090/1623319824628301/?notif_t=group_activity&notif_id=1479573200580003

CEO confident Dakota Access Pipeline will be completed under Trump presidency: http://www.cbsnews.com/news/dakota-access-pipeline-energy-transfer-partners-ceo-kelcy-warren-breaks-silence/