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For Immediate Release
February, 14 2019, 11:00pm EDT
Contact:
Jen Nessel, Center for Constitutional Rights, (212) 614-6449, jnessel@ccrjustice.org
Valentina Stackl, EarthRights International, (202) 466-5188 x100, valentina@earthrights.org
Environmental Groups, Activists Win Dismissal of Lawsuit Filed by Dakota Access Pipeline Company
Racketeering conspiracy lawsuit against Krystal Two Bulls and other pipeline protesters dismissed
North Dakota
Late yesterday, a federal judge dismissed a sprawling racketeering lawsuit filed against Krystal Two Bulls, an Oglala Lakota and Northern Cheyenne organizer, Greenpeace, and others, by Energy Transfer-- the corporation behind the controversial Dakota Access Pipeline (DAPL). The dismissal was unusually swift, coming just three days after the final defendant's motion to dismiss was briefed.
"Loss. Defeat. Dismissal. This is what happens when greedy corporations go after Indigenous women grounded in the power of Prayer, the power of relationship building, and the power of collective organizing," said Krystal Two Bulls after learning of her victory. "Not only was my right to free speech upheld by this decision, but also my rights as an Indigenous woman to steward this land. Now, more than ever, we ALL need our Rights to share our voices uplifted, supported and protected."
Lawyers for Ms. Two Bulls argued that the allegations against her consisted entirely of constitutionally protected activity and did not even come close to racketeering. Energy Transfer sought to hold her liable under the federal Racketeer Influenced and Corrupt Organizations (RICO) act for millions of dollars of supposed damages from the protests. In the decision, Judge Billy Roy Wilson noted the "hyperbole" in Energy Transfer's filing and explained, "[d]onating to people whose cause you support does not create a RICO enterprise... Posting articles written by people with similar beliefs does not create a RICO enterprise." Attorneys say the entire lawsuit was an attempt to recast collective political action as an unlawful conspiracy.
"Energy Transfer failed in its embarrassing and expensive attempt to silence organizers who stand for justice," said Astha Sharma Pokharel, a legal fellow at the Center for Constitutional Rights. "Their baseless lawsuit should never have been filed, but yesterday's victory will only strengthen the movements they tried so hard to suppress."
Lawyers say the lawsuit was a textbook example of a "strategic lawsuit against public participation," or SLAPP, a form of legal bullying. The goal of a SLAPP is not to win, but to burden the defendants with costly and time-intensive litigation procedures, while creating a chilling effect that discourages others from speaking out on issues of public concern. The Judge's swift dismissal suggests that the federal judiciary may be losing patience with these abusive tactics.
"This is a major win not just for Krystal Two Bulls but for all those that corporations have tried to silence, simply because they have exercised their rights to speak out against injustice and environmental abuse, " said Marco Simons, General Counsel at EarthRights international. This decision to dismiss Energy Transfer's vengeful lawsuit sends a clear message to others considering such tactics: U.S. courts will not help corporations deny the people's First Amendment rights.
Ms. Two Bulls is represented by attorneys with EarthRights International and the Center for Constitutional Rights, both members of the Protect the Protest task force. Protect the Protest was created in 2018 to end the use of SLAPPs against those working in the public interest.
For more information, visit the Center for Constitutional Rights' case page and EarthRights International's case page.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
(212) 614-6464LATEST NEWS
Muslim Rights Group Calls for Probe Into GOP Lawmaker's Threat to Omar, Tlaib
Randy Fine "must be investigated by state and federal law enforcement authorities and condemned by both Democratic and Republican Party leadership," said the Council on American-Islamic Relations.
Nov 28, 2024
The country's largest Muslim civil rights group on Thursday called for added protections for U.S. Reps. Rashida Tlaib and Ilhan Omar after Florida state Sen. Randy Fine issued an apparent threat against the two Muslim lawmakers.
Fine, who has the endorsement of President-elect Donald Trump in his candidacy for the U.S. House of Representatives, called himself the "Hebrew Hammer" in a post on X on Tuesday and suggested Reps. Tlaib (D-Mich.) and Omar (D-Minn.) should leave office for their own safety.
"Bombs away," he added.
The Council on American-Islamic Relations, which has spoken out previously about anti-Palestinian and anti-Muslim statements by Fine (R-19), called the lawmaker an "unhinged anti-Muslim bigot."
His apparent threat of violence "must be investigated by state and federal law enforcement authorities and condemned by both Democratic and Republican Party leadership," said Edward Ahmed Mitchell, national deputy executive director of CAIR. "President-elect Donald Trump, in particular, should denounce Mr. Fine's remarks and the Florida Republican Party should expel him."
"We also call on U.S. Capitol Police to step up protection for Representatives Omar and Tlaib to ensure their safety as they come under increasing threats from anti-Muslim and pro-genocide bigots like Randy Fine," said Mitchell.
Fine was held in contempt of court in Florida earlier this year for making obscene gestures and mouthing curse words at a hearing. He is running in a special election set for April 1, 2025, due to Trump's appointment of Rep. Michael Waltz (R-Fla.) to be national security adviser.
In 2021, the Florida chapter of CAIR filed an ethics complaint against Fine after he posted on social media calling Palestinian people "animals" and calling for their annihilation with the hashtag "#BlowThemUp."
Omar and Tlaib—the only Palestinian-American in Congress—have been vehement critics of the United States' support for Israel's assault on Gaza, and defenders of Palestinian rights.
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Native Americans Hold National Day of Mourning on Thanksgiving
"'Thanksgiving' is a white-washed holiday designed to conceal its true origins of violence, genocide, land theft, and forced assimilation," said the Indigenous Environmental Network.
Nov 28, 2024
In contrast with Thanksgiving celebrations across the United States on Thursday, Native Americans held a National Day of Mourning, promoted accurate history, and championed Indigenous voices and struggles.
Despite rainy conditions, the United American Indians of New England held its 55th annual National Day of Mourning at Cole's Hill in Plymouth, Massachusetts. Kisha James, who is an enrolled member of the Wampanoag Tribe of Gay Head (Aquinnah) and also Oglala Lakota, shared how her grandfather founded the event in 1970 and pledged to continue to "tear down the Thanksgiving mythology."
"The past influences the present" and "the settler project" continues with racism, misogyny, and anti-LGBTQ+ discrimination, James told the crowd. "The Pilgrims are not ancient history."
James took aim at fossil fuel pipelines, oil rigs, skyscrapers, corporations, the U.S. military, mass incarceration, and the criminalization of immigrants, and declared that "no one is illegal on stolen on land."
Jean-Luc Pierite, a member of the Tunica-Biloxi Tribe of Louisiana and president of the board of directors of the North American Indian Center of Boston who helped organize this year's gathering, toldUSA Today that "while we are mourning some tragic history but also contemporary issues, we are also expressing gratitude for each [other] and building this community space."
"Coming together as a community for a feast and to express gratitude—that's not something that was imported to this continent because of colonization," Pierite said. "Indigenous peoples have had these practices going back beyond, beyond colonial contact."
This year's event in Plymouth included speeches about the suffering of Palestinians—as Israel wages a U.S. government-backed war on the Gaza Strip that has killed at least 44,330 people, injured 104,933, and led to a genocide case at the International Court of Justice—and of people impacted by extractive industries.
"The message from Indigenous peoples internationally has been consistent: that we need to center the development of traditional ecological knowledge, Indigenous knowledge, and move away from fossil fuel extractive economies," said Pierite. "At this time the world needs Indigenous peoples."
In New York City, police
arrested 21 pro-Palestinian protesters who blocked the Macy's Thanksgiving Day Parade route.
According toABC 7:
For the second year in a row, the group ran in front of the Ronald McDonald float to briefly stop the parade.
This year, they jumped the barricades at West 55th Street just after 9:30 am.
Many sat on the ground, locking arms and chanting "Free, free Palestine!"
Others held a banner behind them, reading "Don't celebrate genocide! Arms embargo now."
Video footage shared on social media shows members of the New York Police Department grabbing protesters and their banner, and throwing at least one person face-first into the road.
Multiple Indigenous groups circulated messages about Thanksgiving on social media Thursday.
NDN Collective said that "as Indigenous peoples, we reject colonial holidays rooted in the genocidal erasure of our existence. We demand #LANDBACK to reclaim sovereignty, repair ties with Mother Earth, and protect Indigenous ways of life—honoring them for generations to come."
The Indigenous Environmental Network similarly
highlighted that "'Thanksgiving' is a white-washed holiday designed to conceal its true origins of violence, genocide, land theft, and forced assimilation."
"We must re-evaluate what we've been taught about the history of this land and recognize that genocide, extraction, and exploitation of our lands and communities continue today," the group argued.
Brenda Beyal, an enrolled member of the Diné Nation and program coordinator of the Brigham Young University ARTS Partnership's Native American Curriculum Initiative, wrote about the history of Thanksgiving on Wednesday for The Salt Lake Tribune.
"Our history books mark 'the first Thanksgiving' in 1621 when at least 90 Wampanoag men, led by Massasoit, walked in on a Puritan harvest feast," Beyal detailed. "Approximately 150 years later, all 13 colonies celebrated a day of solemn Thanksgiving to celebrate the win of the Battle of Saratoga in December of 1777. [U.S. President] George Washington called for a day of thanksgiving and prayer in 1789 to give gratitude for the end of the Revolutionary War."
"Then, in 1863, [President] Abraham Lincoln proclaimed Thanksgiving a national holiday to be held in November of every year," she continued. "During the same year that Lincoln canonized Thanksgiving, the Shoshone experienced the worst slaughter of Native Americans in U.S. history while winter camped on the Boa Ogoi (Bear River) near what is now Preston, Idaho. More than 400 men, women and children were massacred."
"This Thursday, my family and I will gather for a meal of thanksgiving. I have extended an invitation to whomever needs a place to rest, feast, and give gratitude. There is room at my table," she explained. "Ultimately, it is my hope that we as a nation can continue to consecrate days of remembrance, where we can both celebrate and mourn, acknowledge and repair, and find ways to be thankful, even with a wounded heart."
Writing for the San Francisco Chronicle on Thursday, Diné/Dakota writer Jacqueline Keeler addressed the future under U.S. President-elect Donald Trump, who won another term in the White House this month.
"In my book Standoff: Standing Rock, the Bundy Movement, and the American Story of Sacred Lands, which was published after Trump's first term, I delved into the settler colonial mindset that the Pilgrims landed with on these shores, and contrasted it with the perspective of the Indigenous people of the United States," Keeler noted.
"Origin stories define people by articulating the terms of their relationships with our Mother, the Earth, as well as other living beings, and each other. In my book, I proposed that these stories could act as algorithms," she continued. "The 'origin story' algorithm for settler colonists was straightforward; they came to other people's lands, occupied them, and sent the wealth back to their ruling 1%. Based on that origin story, you can predict what Trump and his base will do next."
"My question at Thanksgiving time," she concluded, is "how do we create a new origin story that includes everyone and puts us on a path to come together as a people—in harmony with each other and the Earth, our Mother."
Lakota historian Nick Estes, a citizen of the Lower Brule Sioux Tribe and co-founder of the Indigenous group the Red Nation, appeared on Democracy Now! on Thursday to discuss the origins of Thanksgiving and his book Our History Is the Future, which focuses on seven historical moments of resistance that form a road map for collective liberation.
Estes examined the Standing Rock Sioux Tribe's battle against the climate-wrecking Dakota Access Pipeline. "I actually look at a physical map that was handed out to water protectors who came to the camp. And on that map there was, you know, where to find food, where to find the clinics," he said. "To me, that provided, you know, a kind of interesting parallel to the world that surrounded the camps."
"You had the North Dakota National Guard, the world of cops, the world of the militarized sort of police state. And in the camps themselves you had sort of the primordial sort of beginnings of what a world premised on Indigenous justice might look like. And in that world, you know, everyone got free food. There was a place for everyone," Estes noted. "The housing... obviously, was transient housing and teepees and things like that, but then also there was health clinics to provide healthcare, alternative forms of healthcare, to everyone. And so, if we look at that, it's housing, education—all for free, right?—a strong sense of community."
"Given the opportunity to create a new world in that camp, centered on Indigenous justice and treaty rights, society organized itself according to need and not to profit. And so, where there was, you know, the world of settlers, settler colonialism, that surrounded us, there was the world of Indigenous justice that existed for a brief moment in time," he said. "And in that world, instead of doing to settler society what they did to us—genociding, removing, excluding—there's a capaciousness to Indigenous resistance movements that welcomes in non-Indigenous peoples into our struggle, because that's our primary strength, is one of relationality, one of making kin."
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Israeli Attacks Wound Two in Lebanon on Day 2 of Cease-Fire
The cease-fire deal prohibits all military operations by Hezbollah but only "offensive" action by Israel.
Nov 28, 2024
Experts on the Middle East warned this week that a cease-fire between Israel and Hezbollah could be temporary, and reports out of southern Lebanon on Thursday indicated they were correct as security sources said two people were injured in Israeli strikes on the village of Markaba.
The truce went into effect early Wednesday after being brokered by the United States and France, with Israeli forces given 60 days to withdraw from southern Lebanon.
But one day after the deal went into effect, an Associated Press correspondent in northern Israel reported that they heard artillery strikes across the border in Lebanon as well as Israeli drones.
On Thursday morning, Israeli tanks hit the southern Lebanese towns of Markaba, Wazzani and Kfarchouba, Khiyam, and Taybe, according to Lebanese state media and security sources, injuring at least two people.
All the areas lie within two kilometers (1.24 miles) of the Lebanon-Israel border.
Hassan Fadlallah, a member of Lebanese Parliament who is part of the Hezbollah March 8 alliance, said Israel had attacked civilians who were "returning to the border villages."
"There are violations today by Israel, even in this form," he told reporters.
Thousands of Lebanese people began returning to their homes in the southern part of the country after the cease-fire deal went into effect, but Israeli Prime Minister Benjamin Netanyahu said the Israel Defense Forces (IDF) should not allow civilians back into southern villages. His order contradicted a statement by Nabih Berri, the speaker of the Lebanese Parliament, who led cease-fire negotiations and said Wednesday that residents could return home.
Israel imposed a last-minute curfew on Wednesday night, prohibiting Lebanese citizens from crossing into the south overnight.
The IDF then accused Hezbollah of violating the cease-fire, announcing on Thursday: "Over the past hour, several suspects were identified arriving with vehicles to a number of areas in southern Lebanon, breaching the conditions of the cease-fire. The IDF opened fire toward them."
Drop Site Newsnoted that the deal bars Hezbollah from carrying out "any operations" against Israel but only prohibits Israel from conducting "offensive" attacks in Lebanon.
"It's kind of a bit insidious where they say 'offensive,' meaning somehow there's this little kind of wiggle room for what they will interpret as defensive, which in Israeli logic and discourse and action means anything," Karim Makdisi, a professor of international politics at the American University in Beirut, told Drop Site News. "Anything can happen. They can say, 'Well, this is defense.' Even the genocide in Gaza, as far as they're saying, is defensive."
Jeremy Scahill of Drop Site News said the Biden administration has attempted to "rig the deal" and allow Israel to strike in Lebanon as it sees fit, providing Israel with a "letter of guarantee" that recognizes "Israeli freedom of action on Lebanese soil" if any attempts are made to strengthen Hezbollah.
The U.S. State Department refused to comment on the letter when asked about it by Scahill.
Since October 2023, Israeli strikes on Lebanon have killed at least 3,823 people and injured at least 15,859.
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