This week, we’re excited to share the voices of Jess and Olive, who both did legal support, and do prisoner solidarity with the folks facing Federal prison time from the struggle at Standing Rock against the Dakota Access Pipeline. This episode was heavily edited for radio, so I suggest you find our audio at our website or in itunes or soundcloud or youtube or ideally our podcast stream and listen to the podcast version, cuz it is crammed full of great information and perspectives we don’t have time to include in the radio version of the show this week.
Jess did legal work supporting the struggle in Standing Rock against the Dakota Access Pipeline in 2016 and into 2018 and continues to support political prisoners in the case. Olive lived in camp, engaging in nonviolent direct action and working security during the winter (late november-february), survivor of water crises in West Virginia and as a Sundancer. Olive stayed through the raid on Oceti near the end of February 2017 and became a paralegal afterward and doing legal support for their loved one, Rattler.
At the end of these notes I’ve included a few post-scripts from Olive about the folks who caught sentences, Akicita and prophecies of the “Black Snake”.
We speak about L’eau Est La Vie camp in so-called Louisiana is continuing the struggle against the southern endpoint of the Dakota Access Pipeline from Enbridge. Visit the site to learn more and how you can get involved, they need help!
Support sites for the Federal Prisoners from Standing Rock
The day after this airs is New Years Eve and cities around the U.S. and abroad will be continuing the, I believe Greek anarchist, tradition of noise demonstrations outside of jails and prisons. Check out itsgoingdown.org for a list of places holding these where you can join in and be heard behind bars. In Asheville, folks’ll be meeting up on College St in front of the court house and jail at 7pm and will bring noise makers, warm clothes, banners and signs.
Upcoming BRABC events in Asheville
Also this week, Blue Ridge ABC will be showing the latest Frontline/PBS documentary called “Documenting Hate: America’s New Nazi’s” about the Atomwaffen Division at 6:30pm on Friday, January 4th at Firestorm Books. Also, on Sunday January 6th at Firestorm, BRABC will host it’s monthly letter writing event from 5pm to 7pm at Firestorm. No experience necessary.
Finally, The Final Straw Radio alongside It’sGoingDown, crimethInc and Mutual Aid Disaster Relief are calling for a week of action around the weekend of January 20, 2019. With the charges from January 20, 2017 dropped, we can focus on other forms of long-term solidarity and mutual aid, creating a fertile soil for future resistance and creativity. You can find the challenge and ways to plug in at cwc.im/survival
Episode Notes from Olive
As an aside, I want to share a little more information from Olive about Akicita:
“…Traditionally, Akicita would go to battle as a last resort and were always the last to leave, but they acted as protectors and to hold people accountable and dispense consequences when necessry, one example being on Buffalo hunts; people were not allowed to take more than they needed or to hunt by themselves because it hurt not only other tribal members but the Buffalo population. Akicita made sure the hunts happened with integrity. They also kept Nacas, elders, and the people informed. They were mediators of conflict. They were recognized for acts of bravery and selflessness. “
Also, Olive had these notes to share about the Federal Defendants who’ve been sentenced:
“Little Feather’s mother is part of the Morongo Band of Mission Indians in California, so I forgot to mention he is also Morongo in addition to also Lakota and Chumash.
Rattler is a descendant of the war chief Red Cloud, who also signed the Ft. Laramie Treaty of 1868, one of the treaties we were defending with our occupation through camp.
Rattler’s Lakota name is Mato Tanka (Big Bear). Angry Bird’s Lakota name is Sunka Wakan Sica (Bad Horse).
Not everyone with federal charges are Akicita or Ikce Wicasa. Rattler, Little Feather, and Angry Bird are Akicita and Ikce Wicasa camp security. RedFawn and Dion had other responsibilities and ties to the camps. “
Olive also had this to add about their own participation at Standing Rock:
“If it’s relevant, I didn’t mention another responsiblity I had while being in camp. I formed with two other femme people Two Spirit and Women’s security branches so gender queer folks like myself and women/femme people could deal with our own safety/decolonizing issues within camp. This is how I began to work with Akicita security directly.
The role of Akicita, the several councils that made up camp for collective decision making, and the ceremonies we participated in were all ways we were actively decolonizing our daily lives and DEFYING state intervention in disputes among our community (concepts of transformative justice try to exert the same concept of “don’t call cops, be accountable” but don’t necessarily have the structures to do it like traditional indigenous societies have) “
Another addition to the audio that I’d like to include is a short write-up that you can find in our show notes about the concept and Lakota and Standing Rock prophecies of the “Black Snake” which has been applied to the Dakota Access Pipeline
“I didn’t feel we had the time, but I wanted to at least tell you about some Lakota prophecies related to the “black snake” and historical context of where camp was located. All of this information I have is from Standing Rock elders and Lakota that know their lands well, including Tim Mentz, a Lakota archaeologist from Standing Rock, as well as my own experience from living in camp.
Grandfathers, some in the early 1800s, had visions of a “black ribbon on top of the Earth to separate all people…the people wouldn’t gather anymore…when the black ribbon goes underneath the Earth there will be no more Lakota.” This “ribbon” is seen as pavement and fossil fuels. Prairie Nights Casino was built on top of a known site where ceremonial fasts were held. Cannonball River has buttes, all with names known to the Lakota one being Tipi Butte near the Backwater Bridge. Near Backwater Bridge (where cops kept up barricades after North Camp raid), there are remnants of old Sundance ceremony arbors. October 22nd arrests happened partly because we were protesting the 27 burials that were uprooted for DAPL’s access roads that were across from HW 1806. Cannonball Ranch, which was eventually bought by DAPL, had Bear effigies, burials in the four cardinal directions, with at least 82 other sacred sites and ancestral sites of the Lakota. Southwest of where Oceti camp is Horshoe Bend, along the Standing Rock border is Treaty ground where men gathered to discuss the 1851 Treaty (North Camp was actually 1851 Treaty Camp). Spotted Tail (Sicangu band) and Big Head adopted one another around the year 1851 in the same location of Oceti camp. “
Mutual Aid in Post-Hurricane-Florence Lumberton, NC
This week we had the opportunity to connect with Vanessa Bolin, who is an indigenous artist, community organizer, and activist who has been helping with flood rescue and rebuilding efforts after Hurricane Florence in Lumberton, NC, which is in Robeson County. In this interview we talk about what still needs to be done in this area, how to help out, some important parallels between post hurricane relief and anti pipeline organizing, and the importance of foregrounding marginalized voices in mutual aid efforts.
Mutual Aid Disaster Relief is also coordinating a bunch of efforts, you can learn more about this group at mutualaiddisasterrelief.org or look them up on any social media platform. If you have 4-14 days spare and want to get down to Robeson County to help out, especially if you have proficiency in Spanish and skills in logistical coordination, you can send them an email to get networked in at WeKeepUsSafeVC@protonmail.com.
To connect with EcoRobeson, the group which is doing anti pipeline work in Robeson County that is mainly affecting already disenfranchised people, you can follow this link.
Somethings we’d like to mention:
When Vanessa talks about the struggles of the Dine people (who are sometimes known as Navajo) where she mentions uranium mining, this is a huge issue that spans many generations. You can visit Black Mesa Rezistance, which is an organized effort in Black Mountain and Big Mesa (also known as Arizona) on the part of the Dine and Hopi people to defend themselves and their existences. You can learn more about this effort at https://blackmesa.rezist.org/ and follow the links for further material to learn about the history and present day projects and struggles.
And finally, for a look into some of the truly amazing legacy of the Lumbee Tribe in so called NC, we at The Final Straw recommend the book To Die Game by William McKee Evans. This book details a resistance movement at a time when Lumbee youth were being targeted for conscription into the Confederate army, and how they along with a diverse coalition of other resistors, eluded capture in the swamps of eastern NC for over 5 years. You can also read about this in the book Dixie Be Damned, along with many other lesser reported moments of resistance in the American Southeast.
Announcements for Prisoner Support
Jalil Muntaqim, former member of the Black Panther Party and Black Liberation Army is facing the parole board in November as his August visit was postponed due to clerical issues. He’s going to be getting a lot of pushback from the Policeman’s Benevolent Association, Fraternal Order of Police, Corrections Guards associations and the rest of the gallery of reactionary so-called unions for cops. Those groups are on alert, as we’ve seen with the tug of war around the release of Herman Bell, any time an aging political prisoner, especially one accused of involvement in the killing of a cop, comes up for parole. The parole boards are often made up of former judges, D.A.’s, Prosecutors and law enforcement, forming an added blue wall for prisoners facing parole boards. So, Jalil needs us to write letters of support for his release. Although some of the links are dead from the earlier parole push, you can check this IGD link (see our shownotes at thefinalstrawradio.noblogs.org for the link) for a list of achievements Jalil has since his incarceration.
Also, Jalil’s birthday is October 18th, so feel free to send him a separate birthday greeting!
Also, also, check out our website to hear past episodes featuring interviews with Jalil conducted by buddies at Prison Radio on CKUT in Montreal.
To support Jalil, follow these instructions passed on from National Jericho NY:
Write a letter in you own words in support of parole for Jalil, address to:
Senior Offender Rehabilitation Coordinator
Sullivan Correctional Facility
325 Riverside Drive
Fallsburg, New York 12733
BUT SEND TO:
The Parole Preparation Project
168 Canal Street, 6th Floor
New York, NY 10013
The subject line should be “Anthony Bottom 77-A-4283”
We are making an effort to include letters of support for Jalil that are personalized and from people who are familiar with him and his work. If you want further instructions for how to write a strong, personalized letter of support, please email email@example.com.
Also, please send a copy of your letter to Jalil for his files:
Casey is an anarchist political prisoner who also has a parole hearing coming up, his one and only for his 12 year stint for the stabbing of the president of a university in Missouri. Casey recently got married to a woman being held in another Missouri prison. He’s studying calculus so he can go to school to be an aerospace engineer once he’s released. He goes before the parole board November 2018. He’s unsure of exactly when he gets out, but knows he isn’t eligible until November 2020. He’s currently saving his money (and asking for help) to afford a cheap vehicle when he gets out in order to transport himself to work and school. His intentions are to parole out to the St. Louis area and attending a community college until he gets his basic credits and can transfer to a university. His eyes are set on the Missouri University of Science and Technology.
Casey suffers from depression and has a history of schizophrenia. he describes himself as socially awkward and says he often feels misunderstood. He has a kind heart and he looks forward to getting out relatively soon and getting to see all of those who have shown him support over the years. He thanks you all.
Casey was recently transferred to the Farmington Correctional Center in Farmington, Missouri. In November, he will go before the parole board for the first and ONLY TIME and he needs your help!
Thoughtful and professional letters to the parole board by people who care about Casey and are willing to offer support to him during his transition back to life outside of prison can make it more likely that Casey will be released.
*Even though the letter should be addressed to the parole board, all letters should be sent directly to Casey and he will deliver them to the parole board:
Casey Brezik #1154765
Farmington Correctional Center
1012 West Columbia Street
Farmington, MO 63640
Anarchist prisoner Sean Swain is still being silenced by the state of Ohio and could use your letters. He’s potentially in the process of being transferred in an inter-state deal which will make his life way harder. Sean has communicated that he was at one point on hunger strike and is extremely isolated. You can write to Sean at :
Sean Swain #243-205
P.O. Box 120
Lebanon, Ohio 45036
It’s suggested that concerned listeners call
ODRC Director Stuart Hudson (614) 387-0588
Governor’s Counsel Kevin O’Donell Stanek (614) 466-3555
Callers should voice concern over Sean’s health, access to communication and the blocking of counsel from his recent RIB hearing that threatens to transfer him out of Ohio.
On IGD you can read the list of demands specific to NC prisoners that Joseph Stewart wrote back in July. He was transferred after the outside published his statement in support of the strike and has intermittently been left off of prisoner support call-ups so he can surely use some supporting letters at Polk CI where he is currently housed. You can write Joseph at :
Joseph D. Stewart
Butner, NC 27509
Three other prisoners in NC, are held within the Hyde Correctional Institution, a facility in Fairfield, NC, are being threatened with retaliation for their active support and organizing in solidarity with the national #PrisonStrike. They’re facing threats of administrative repression, as are any other fellow prisoners connected to the national strike. More info in our show notes
From a statement by the Revolutionary Abolitionist Movement (RAM) and Vaughn17 Support in Philly:
On Feb. 1, 2017, after a series of peaceful protests yielded no results, incarcerated comrades took over a building at James T. Vaughn Correctional Center in Delaware to demand slight improvements in their treatment. After a 20-hour stand-off, the prison’s response was to literally bulldoze their barricades and figuratively bulldoze their demands, retaliating with constant beatings, destruction of prisoner property, and denial of food and medical care.
Furthermore, the state has accused 17 of the incarcerated with egregious offenses even though these charges have no basis in reality. The state’s response shows once again that any prisoners standing up for themselves, to regain dignity and achieve decent treatment, is a threat. And the state will collectively punish everyone and anyone to hide its barbarism. The only role of prison guards, wardens and the Department of Corrections (DOC) is the perpetuation of slavery and subjugation.
There is a call for court support for the 17, who will be attending trail in small groups, at New Castle County Courthouse, 500 N. King St., Wilmington, DE 19801. The first trial starts on Monday, October 8th and the last is slated for February 11th, 2019. People in the area interested in helping volunteer for court support can learn more by reading this IGD article.
A pdf of a poster with addresses, pictures and info on the 17 prisoners pulled into this case can be found here
This week we are featuring a recording from an Anti-Repression panel that took place in Denver in October of this year. The sound quality is affected by a fan system that the venue had running, but the words are well worth hearing.
For the hour, we’ll hear words from a few perspectives of resistance in the U.S. currently. First, we hear from Danica from occupied territory of Portland about work around anti-colonial antifa resistance and self-defense in the North West. Next up, Firehawk talks about work in un-ceded Pueblo, Colorado, about working with femme, queer & trans prison rebels, Unstoppable zine and The Fire Inside project. Montana talks about autonomous relief work in Houston after Hurricane Harvey and the slow-disaster that is white supremacist capitalism in Texas. We hear from Jude talking about the J20 conspiracy cases coming out of the Inauguration, the court case moving forward and up til a few weeks ago. Finally, we hear from Jess who has been working with Water Protectors doing legal collective work up in so-called North Dakota mostly around #StandingRock with a very in-dept report-back on wider repression and specific case details.
A few updates are worth mentioning in the J20 case since Jude spoke on this panel: the first defendant convicted, Dane Powell, has been released and there is a linked support site for his post-release; two of the riot charges have been dropped down from Felony to Misdemeanor; & the first court dates have been moved forward to November 15th and info about how to help with court support can be found at Its Going Down.
As stated above, 2 of the initial 8 felony charges (‘engaging in riot’ and ‘conspiracy to riot’) have been dropped to misdemeanors, thus shaving decades from the potential sentences of the defendants. We here at The Final Straw suggest that Judge Leibovitz use a secure tor browser and visit https://dropj20.org to learn more about ending this expensive, insulting and dangerous act of political persecution that is the J20 case.
Support Janye Waller + Anarchist Thoughts on Tactics at Standing Rock
This episodes features two portions: an interview with Noelle about Black revolutionary, Janye Waller, incarcerated in Oakland; then, an interview with Noah about anarchist tactics in the NoDAPL struggle at Standing Rock.
In the first segment we talk to Noelle about the case of Janye Waller. Janye is a young Black revolutionary from Oakland, California, who was the only person convicted of property destruction after the 2014 demonstrations in the Bay following the non-acquittal of pigs the murders of Michael Brown & Freddie Gray. Noelle is a supporter of Janye Waller and believes that Janye’s conviction was a clear case of railroading and racial profiling against a community activist. Janye is now finishing up a 2 year sentence with one year off for good behavior. The interview was held in February of 2017, and Janye is set to be released in coming months, then he’s out on parole. You can find out more about his case and donate to his post-release fund at https://rally.org/supportjanye and updates can be found on his support fedbook page and to find out more about some projects Janye was involved with in Oakland, check out the site for El Qilombo
You can write to Janye in the near future by addressing letters to:
Janye Waller #ba2719
P.O. Box 2500,
Susanville, CA 96127-2500
Anarchist Observations of the Struggle at Standing Rock
In the second segment William speaks with Noah, who is a well established movement medic, anarchist, and participant in #NoDAPL at Standing Rock, about his experiences there and analyses of how this resistance was organized and how it developed. This interview was recorded days before media saw the images of the Sacred Stone Camp burning and having been disbanded, so many of the modes and tenses that we employ are not what we might given the current position of the camps. We talk about a wide ranging set of topics, from what worked in the camps to what the failings were, and how resistance to extraction industries could look moving forward.
Shortly there’ll be a posted end to a call for submissions for presenters, workshops and bands at the first annual Asheville Another Carolina Anarchist Bookfaire up on the website, but we announce it here. Submission deadline is April 1st, 2017. Spots are filling up fast. Check out the website for updates and we hope to see you there!
TROUBLE showing at Firestorm, March 24th @ 7pm
That about says it. First episode of TROUBLE, which was chatted about in our last episode as the new video series by subMedia will be showing at Firestorm Books & Coffee at 7pm on Friday the 24th of March!
TFSR: So we’re here to talk about Standing Rock and I’m sure that folks have heard about it if they have been keeping at least half an eye on the news, but for those who haven’t, would you mind giving a brief overview of what the struggle is and what has been happening there?
NOAH: So the Dakota Access Pipeline is a large pipeline that would carry heavy crude oil to refineries in Illinois before getting sent out of the country for foreign consumption. The pipeline is routed to pass just upstream from the Standing Rock Reservation’s water intake, which is part of their concern, as well as the pipeline route
as gone through a number of sacred sites causing the desecration of burial sites and other old religious sites. Back in August (2016) when construction got close to the Missouri River crossing by the Standing Rock reservation, the Sacred Stone Camp, which had been in existence since April, had made a bigger call for support in which many folks responded and that’s when the first arrests took place, lead largely by women and youth from Standing Rock and other Indigenous women and youth. Here you saw some very strong images of women running out onto the Cannon Ball Ranch to block construction equipment which was some of the first real civil disobedience, as well as the Horse Nations coming to just be presented to the law enforcement that was there, but the law enforcement ended up being scared by the presentation of the Horse Nations and so they kinda backed off and fled. That was some very strong imaging right off the bat there.
I arrived not long after that and helped provide medical support for some of the non-violent civil disobedience and just in camp at large, based out of the Red Warrior Camp. Red Warrior Camp was one of the few organizations that really took a strong lead in actual civil disobedience that stopped pipeline construction and were it not for the Red Warrior Camp, Indigenous People’s Power Project, some of the crews, some of the other bands of the Lakota Nations
really stepping up and taking that direct action to the pipeline construction, that pipeline would be said and done by now. And we certainly wouldn’t have cost Dakota Access the millions upon 2millions of dollars we’ve cost them in lost time, delayed contracts and stock price as well as the divestments from the banks which with Seattle and some Native reservations have totaled well over $3 billion worth of money withdrawn from Wells Fargo and punitive response from people. So the divestment is going to leave a lasting mark on these banks’ psyches and their shareholders’ psyches when they think about funding more of these projects.
TFSR: Absolutely, and it seems like along with the actions that have been taken at the various camps, the relationships between the various camps has been also very important to have outreach via social media and awareness being spread in a grassroots way, because mainstream media was very slow seemingly to pick up on
struggles going on at Standing Rock. Do you have anything to say about media blackouts there or anything like that? What has the process been for getting word out?
N: Well certainly it’s been led by some grassroots media projects that have been around since the start of the Sacred Stone Camp. Folks with Unicorn Riot have been there throughout the course of much of this which certainly is where I first started getting my media from
as they did intermittent updates on the Sacred Stone Camp from it’s start and through several stages of it well before Standing Rock or NoDAPL became a more common phrase. I think it was also very important for the largest camp at the Oceti Sakowin camp, the Seven Fire Council Camp, which was kind of just an overflow camp.
TFSR: Was that the youth camp?
N: The International Youth Council had a tipi in that camp for a while, but they were also holding space at Sacred Stone Camp and the Rose Bud Camp. The camps can be confusing when you’re there, and have been confusing. I’m sure it’s particularly hard to keep track of when you’re watching from afar. Sacred Stone Camp is Ladonna Bravebull Allard and her family’s land, which was started
by Ladonna and some other matriarchs from the area and the youth runners back in the start of April. And it was the Dakota Youth Runners who started getting a lot of attention from the long-distance runs they did.
It also needs to be pressed that there have been folks in that region who have been organizing in anticipation of the Keystone XL pipeline coming through Lakota territory that allowed for some of the groups within this larger mass to come together quickly and in an organized manner and show greater levels of discipline and training because we had been training together. We were under the leadership
of Lakota matriarchs and other Lakota elders who understood from the get-go that as these pipelines were coming through, we needed to be able to have a common language around how we fight and how we resist with non-violent civil disobedience. And so folks are familiar, folks understand that there are different roles. If your role is
media for the day, or medic, or police liason, that’s your role for that day and you need to stick to it and if that’s not your role, then you need to not try and make that your role.
So that’s why when the camp was significantly smaller than when it was 12,000 people between the camps, when there were only a few hundred folks in camp there was more effective direct action to stop the pipeline than when there were all these folks who came to stand with Standing Rock but there were no plans to use that mass of people effectively or an unwillingness to utilize any of those plans on the parts of some.
TFSR: Is that just because the camp got so unruly with the size, or do you feel that people were kind of not respecting any directives that were being told to them?
N: No, as I’ve seen it put on the internet, that there was a problem with “peace-chiefs” trying to lead during a war situation. And so there were folks who, in the language I would use, didn’t respect others’ diversity of tactics. And so there were folks who would interfere with Warriors and Water Protectors on the frontline and cause division and even go so far as to utilize spiritual abuse and manipulation to interrupt actions that were happening, or not allow actions to happen or prevent them from happening in very vague ways, like getting outside folks to try and scream at people that “Elders said no!” And what they meant was Dave Archambault and the tribal council might not be happy with what’s going on. But there are a number of different elders in the camp because there
are many different tribes and nations in the camp, but not everyone listens to the same elders. Folks are taught to listen to their elders. The Lakota are not a monolithic group, they disagree with each other. Sometimes the grandmas and aunties would be there telling folks to hold the line while others would be telling them to go back to
camp and pray. To some extent because the camp grew so fast and there wasn’t space made for an all-nations council of any sort, these rifts and problems became rather challenging at times because there was so much to do just in camp life and preparing for the change of the seasons and to try and train and utilize huge numbers of people who were rolling over every few days as well as deal with mountains of supplies coming in.
It all became very challenging, and then you have a real separation of leadership of folks who are contracted by the tribe to help, or were from larger non-profits who largely operated out of the casino rather than the camp. So you have that disconnect of folks who weren’t involved in the camps but were considered leadership for one reason or another, which made things very challenging all in all. When the information about what’s happening in camp gets through games of telephone, you end up with a lot of rumor and heresy added in, or misinformation, and that can be seen by how often facebook says the camp is being raided when we’re not.
TFSR: As an anarchist, I feel almost single-mindedly fixated on this idea of what you were talking about in regards to a non-respect of a diversity of tactics and trying to parse out where a rhetoric of non- violence is coming from. We talk a lot about how liberals have sort of co-opted the idea of non-violence to weaponize it against radical struggle basically, or to weaponize it as a way to take the wind out of sails of radical struggle. I would imagine that this rhetoric of non-violence is a bit different given the layers of colonization and disenfranchisement that people are experiencing. Do you have any words about that?
N: There’s certainly a real challenge for anyone who’s not Lakota or Native to understand the nuance and the history between the Indian Re-Organization Act, Tribal Councils versus the Traditional Treaty Councils. It’s important especially for outsiders to err on the side of listening to the folks who are directly hosting them in these situations and not be overtly disrespectful to local communities. Now that doesn’t mean that local communities are unified in their response, and that’s not really our place as outsiders to really dive right into the middle of it and stir it up. I have been working with some folks who were out there for several years so those were the folks I took my lead from because they are traditional Lakota and Dakota Matriarchs. So with that, there was a division of folks who believed in the courts and believed in that being the primary route and would at times spread disinformation about how the action of folks locking down to equipment or shutting down work sites was going to negatively impact these civil court proceedings. If anything they gave these civil court proceedings the time they needed to get denied, but there hasn’t been a win from the courts in this battle that I’m aware of. So if we were relying solely on those means, the pipeline would have been built by now.
The spark of inspiration that that has come out of Standing Rock would not have been if it weren’t for folks who understand that prayers have to be met half-way. We can’t just pray and expect things to stop, and similarly we have to understand robust histories. You hear this ongoing colonized myth that First Nations Peoples were completely passive or pacifistic when that’s simply not true. It’s well known that many Nations and many people were almost
always armed and prepared to defend their homelands and their territory and their way of life from settler-colonial populations. Part of this myth comes from those boarding schools; it comes from this western narrative that says “It was the white folks that freed the slaves!” and “It was the white folks who were benevolent enough to give these Natives the reservations!” rather than things like, the
6Lakota slaughtered a whole division of the cavalry at the battle of Greasy Grass and killed Custer and took that flag, and that was part of writing the treaty. Red Cloud’s wars and the Big Powder Bluff were the reasons for those treaties, the Northern Cheyenne; the Lakota/Dakota/Nakota’s fierce resistance to the U.S. incursions
and these settler/colonial incursions are what created these treaties. It’s also what provoked the U.S. into using genocidal tactics such as slaughtering all the buffalo and stripping Natives from their culture to send them to boarding school, so they could re-write those narratives
and send those kids back to those cultures with this wrong narrative.
And so with that you have this Christian idea of forgiveness that is pressed, or of understanding, and I personally hope that those cops and law enforcement come to some dawning of understanding that their ways are bad. But until that happens I have no sympathy for them or no forgiveness for their behaviors until they seek it. And so it’s something that personally baffles me, especially coming from a medic’s perspective and seeing the grievous injuries that we’ve seen out there. That folks want to negotiate with these people or work with them to get into that system. It’s one of those things, some folks who don’t want the (Water) Protectors to continue resisting are legitimately scared that those cops are going to kill one of us. And that’s a very real possibility but it also disrespects a lot of those folks’ agency, who understand that they may die in this struggle. And that if the state is going to go through such measures and allow their law enforcement to utilize these munitions, these so-called less-than-lethal munitions in reckless ways, then yeah they may end up killing someone but you know if they kill a Water Protector whose got their hands up and are in prayer, isn’t that that non-violent Ghandian King-esque nonviolence that they’re talking about? Let them harm us to the point that the moral imperative becomes so overwhelmingly against them that they have to give up? That they don’t have the will to beat you any longer?
TFSR: Also in a time when we have this new president now who is actively seeking to criminalize so-called peaceful protesters? Seeking any kind of legitimacy from the state doesn’t make a whole hell of a lot of sense, but what also makes a lot of sense is taking leadership from people who are most effected and also keeping in mind that that’s a non-homogenous group of people. It’s a very complicated situation, it seems like it’s very difficult to know where to draw the line while also maintaining your own political integrity in all of this as well, to be a whole human being. You mention that you are a movement medic, and you have spoken about your experiences at Standing Rock, but I was wondering if there was anything that you wanted to add about your involvement at the camp?
N: My involvement at the camp has largely been as a medic in support of the Water Protectors, so I’ve both worked to help increase the medic capacity and continue to work to try and help us stay coordinated and functioning in a way that allows us to provide the best level of care that we can. I have also gone out on a number of the direct actions to support Water Protectors and have dealt with some injuries and elements and the volumes, which were pretty staggering at times. November 20th when they just kept using water cannons on folks, both speaks to the heart and willingness of the water protectors but from the medic’s perspective we saw over 300 patients that night.
Several folks were severely injured; Sophia Wilansky nearly lost her arm that night, and other folks have lost permanent vision from that night, and the level of PTSD that has been inflicted on folks in these situations or the potential for it.
Similarly when the Sacred Ground Camp on the Easement was raided on October 27th, they literally just lined up and whooped on folks all day. We’re seeing the Miami Model play out in rural settings. Sheriff Laney from Cass County and Sheriff Meyer from Morton County I’m sure will retire real soon and go on the law enforcement and security speaking tour, to pop up at every pipeline and give advice
on how to deal with these “damn eco-terrorist protestor types.”
TFSR: And there has been a whole lot of law enforcement there from day one it seems, right?
N: Not from day one, I mean Morton County I think employs 33 or 39 sheriffs total. (*laughter*) And the North Dakota State Police and Highway Patrol could only muster so many folks, but now law enforcement from nine other states, federal agencies like the ATF and Border Patrol have been deployed out there. There is I believe just more than 500 North Dakota National Guardsmen who are activated presently. There is now quite the policing apparatus as was on display when the Last Child Camp was raided and shut down. They had over six armored vehicles out that day.
TFSR: It feels important to analyze police responses to struggles like this in order to get a psychological hold on to what the hell is going on, and we’ve been seeing a lot of media recently about the struggle, and many different approaches from total erasure to pretty heartfelt support. I’m wondering what your opinions are about how you see
this struggle informing future struggles and how you see this one particularly continuing, or if it’s too early to say?
N: I think at the very least what has happened out there in the treaty territories has brought a new level of what it looks like to be brave in the face of the state for folks. And it’s behaviors it can be pointed to as strong definitive attempts at non-violent action that we’ve already seen. At the Piñon Pipeline, there was one action out there and they cancelled it. At the Trans-Pecos Pipeline, there have been a couple of actions already and they’ve shut down work. Mississippi Stand went after other sections of the Dakota Access Pipeline down in Iowa, we’re seeing folks starting to really resist the Sabal Pipeline, Spectra Pipeline, Lancaster PA is starting to openly build camps and openly express how we aren’t paid outside agitators, here’s the local teacher. These are local folks who are stepping up and saying “Oh heck no, can we do this here?” I think it’s important as we do this that we need to understand that there is a space for specifically prayerful things, and there is a space specifically for the prayer war, and there is a space for the more confrontational direct action tactics, but these are not the same space.
And I think it needs to be stressed that the Water Protectors and Warriors never went back to the camp and were like “Ya’ll are praying wrong! Ya’ll need to go pray over there! Ya’ll need to pray like this!” That is what some of the folks who use spirituality like Christians do, they use it as a manipulation tactic. They use spirituality much like
Christians say “You have to pray like we pray here.” Even to otherLakota, who were taught differently. That caused some real tensions, and there’s some real beef that I can’t claim to fully understand that I know. There’s family members who don’t like each other over that stuff, because folks called and asked for Warriors to come and those same folks, when they saw what Warriors did and what Water Protectors do to actually stop pipelines, they got scared. Either pressure got put on them through back-channels, or they realized that they would not be able to
control the narrative. So they pass a number of rules or any number of authorities on folks to say “You can’t do that this way!” Which certainly rubbed a number of folks the wrong way, when no one could really say where these decisions were coming from.
TFSR: Before I ask the next question I want to be really explicit about what you mean by prayer. This is non-Christian explicitly?
N: Yeah, this is explicitly Lakota spirituality, whose homelands we were on, Lakota treaty territory, Lakota and Dakota lands, and there were some basic modicums that were asked of folks to respect, things like don’t take pictures of the sacred fires, or put stuff in the sacred fires unless you’ve gotten permission. If you have a uterus and you’re on your moon, then to stay away from ceremony, stay out of the kitchen, just some cultural norms there. Up at big camp, there were folks from many nations operating in many different ways. There was some kind of manipulation of that that happened that was used as a point of leverage to dishearten and disrupt some of the youth and some of the frontline folks. Part of that is intergenerational difference, part of that is that older folks were raised in a time when native youth were being snatched and taken to boarding camps. A certain amount of hiding was the safest way to do things, which some of the folks with the International Youth Council and some of the other youth that have been leading this understand. They love and respect their elders but they also recognize that it is a different day and that these adults who are coming in to leadership roles who have listened to their elders and gone and gotten those educations and have been getting told for years that they need to step up and lead. When this happened in camp, there were folks that came up and criticized them. There were other elders that wouldn’t chastise folks in public, would openly support folks for not trying to take a lead role but were there as an elder to both support and be a resource.
There was a lot of issues around white folks telling Lakotas to stay in a prayerful way. There are Warriors that I know who are Pipe-Carriers, they don’t carry their pipes to the frontline, they are very spiritual and prayerful people, and for people to accuse them of not being in a prayerful way while they’re going to risk their freedom and personal wellbeing for the future generations, for the water, for the air, for the commons like that, for all of us, to challenge those folks’ spiritual intentions and spiritual actions, especially if you don’t even understand their spiritual practice, is both disrespectful and the added attitude of an agent-moderator. That’s some stuff that could be portrayed by folks intentionally trying to upset affective action.
TFSR: Do you feel like this is an analysis that is spreading? I have seen a little bit of analysis of what you’re talking about right now being disseminated over news channels and social media and whatnot, but do you see this spread of, for the lack of a better word on my part, this discussion of a diversity of tactics being disseminated to other anti-extraction struggles?
N: You know it’s hard to say, I’ve largely stayed put in North Dakota for the past several months. But a lot of folks from different struggles came through and I can’t speak for them because they saw what they saw with their own eyes, depending on when and where they were in those camps they could have seen drastically different things and been told drastically different stories as to what was happening at that moment, what had happened up until that moment and where things were going to go. But I do think folks are waking up and I think the intersectionality of struggles that is becoming more present is what will allow this discussion of diversity of tactics to really come more to the forefront. I don’t think it needs to be a discussion, I think it just needs to be a respect that happens. And with different groups that aren’t in a position to lose privilege from where they’re at, have that freedom of nothing left to lose, whereas privileged folks, largely a lot of white folks, but settler-colonialist folks who have more access to stuff, pull their punches. They have a real tendency to pull their punches in these situations, or paid-organizers pull their punches because finishing off a campaign definitively leaves them without work or without the control of an organization that they had. Whereas, folks whose hearts are true, who really are committed to that land, that water and that future, and getting everyone free as soon as we can now, they’re gonna be more willing to not view a broken window or some damaged bulldozers as violence when they see people starving, people going hungry, people being incarcerated, unarmed protestors, etc. We have people who are facing decades (in prison time) for a lockdown. We have this aggressive set of policing tactics that are being deployed against us that, like it or not, folks
need to create that big crowd for some more direct action to happen out of so that it can be done safely and non-violently, or the options that will be left will be groups that don’t come out in public and only see violence as an option and not getting caught, if non-violently praying and getting arrested can get someone 10-20 years (in prison). It’s going to push folks in that hardcore direction, and it’s more a question of if we can do the outreach and the education that the bulk of the dissidents of society come with us, rather than cling to law and order as the main goal of society rather than evolution or something like that.
TFSR: You mentioned the intersectionality of struggle a little while ago, and one of the last questions that I have is that is struggle an inappropriate word? Just to go off script for a moment…
N: It definitely is a struggle. We’re all tired and hurt and sore. It’s a damn struggle, convincing folks to support, folks having to win that support through footage of them standing in prayer getting the crap beat out of them by multi-state law enforcement, that’s a struggle, that’s a fight.
TFSR: For real! Then this struggle has generated a lot of momentum it seems, at least within anarchism, around anti-extraction industries and there was a lot of momentum prior to this, but this feels somewhat different. Also one thing that I find really exciting is that it has generated a lot of discussion about meshing these two discussions of anti-extraction struggle with an explicit anti-colonialist discussion as well. Would you talk about whether you see this as being something new, and a bit about the importance of intertwining these two analyses?
N: I think the intersectionality starts becoming to be real obvious when you look at things like the current immigration raids versus the fact that Flint still isn’t a priority of our federal government, to get them clean drinking water. The fact that the state of North
Dakota has spent $23 million and counting on policing costs to get a pipeline put in that’s not going to create much revenue or jobs or anything for that state. There’s a need to kind of recognize the continual looting of this land by financial interests of various sorts, that is the base injustice. Folks who want to tweak or modify the system, I feel are failing to appreciate the toxicity of what this American system was built on, that it is built on stolen land, that it is built with stolen hands, and much of this profit. I’ve done a lot of work in labor and class stuff, and there’s a temptation to say “Oh this is a class thing” and “the value of our labor is being taken from us” but even the labor that we’re taking on is being stolen from the land
of folks who were the first inhabitants here. None of that is possible, a lot of the anarchist and revolutionaries will fight for everyone and forget the Native people, and so I think that it is crucial that how we start thinking about these struggles brings into the anti-colonial decolonizing mindset and the support and leadership of folks who are still strong in their indigeneity, to avoid tokenizing folks because “Hey you’re Native, we’re gonna put you in charge” even if someone was raised Christian and they don’t know much about where they come from. The importance of that indigeneity, those are the folks that have that understanding of living with the land and living as part of an eco-system, and they have that appreciation of the land and the creatures that all vie for us.
And so when we talk about the pollution and damage done by these extreme industries, we need to look at that damage done and that cultural genocide that’s been done against folks who just want, like many Indigenous cultures around the world who lived as part of the land they were on, and were thankful for that land, for providing for them, as opposed to the Christian concept of dominion over the
land, which is an interesting interpretation of being good stewards. I think that the need for those intersections, the need for Black Lives Matter and how powerful it was to have folks like Chairman Fred Hampton Jr come out with folks and all the 300+ Nations that came out and showed their solidarity and numerous white folks from different organizations that came and showed solidarity, saw in a lot of ways how that camp was operating in a good humble way, and there was no need for money for most things. If you’re doing work, there’s kitchens that will feed you, and a lot of folks took that shit like it was Burning Man and just came and took and were culture-vultures on the whole thing and were fetishizing Natives in resistance and were just working on their photo or art project or wanting to come up and tell the tale. Are you Native? You probably shouldn’t be telling that tale, you should help and empower these Native youth who are trying to tell their tales right now.
And I think that’s some of the importance of intersectionality is these recognitions that there are going to be folks who just know how to do it better because they were raised that way. It’s like the damn tipis that didn’t budge in the windstorms, and everyone’s tents that gotten flattened out. There’s some stuff that local folks will just know, and when we’re talking about these rural places and when we’re talking about taking Indigenous leadership or local leadership in place, is we have to recognize that just because you may be educated, or a permaculture demi-god to folks out there, that doesn’t actually translate to that bio-region, and if that doesn’t translate to pragmatic things that folks can do, if you’re just gonna come and say you should do it all in this way, it’s that same problem. It’s not looking at the intersections, it’s presenting “this is the way it should be done. This is the model we have, this is how we’ve been doing. We fail most of the time, but this is the model of how we do this.”
TFSR: That also calls into question really challenging people to actually fully examine why they’re doing something. Are you going to Standing Rock because you want to work on your photo project? Are you going to be updating your instagram about it? or are you going to actually have as real solidarity with people and struggle as
you can have?
N: And there’s the question there about a lot of conditional allies out there. I’ve seen their facebook comments about how getting beat up or saying mean things to law enforcement doesn’t keep with our message and loses support for us. And I challenge anyone that if your support is so easily lost, did you ever really give it in an earnest and heartfelt way? There are some grandmas out there who just about make me cry with the support they show their youth, and how proud they are of these young folks. I’ve seen these young folks get to the top of the hill, where there’s footage of folks getting brutalized at the bottom, they’ll touch a cop, not in a harmful way, just touch ‘em.
Showing their bravery, demystifying and showing that they could do more but not having to. Seeing these different ways of doing things, seeing these powerful moments of praise that folks get, knowing that these young folks are earning real prestige in their culture by doing these things while others are both trying to shame them while other grandmas are holding them up. It’s a lot.
TFSR: That’s incredible, and for me such an amazing concept and very inspiring thing to hear about. Those are all the questions that I had, do you have anything else that you wanna add?
N: Just that there isn’t a region in this country that’s free from pipeline expansions right now. Get trained, get rowdy, let’s kill this stuff. Let’s kill some black snakes.
This week on the show we spoke with Ikmu, an indigenous activist who was involved in the Red Warrior Camp at Standing Rock against the Dakota Access Pipeline. Ikmu is now affiliated with the Red Warrior Society and is traveling with comrades around the country on a tour to talk about their work, decolonization and the struggle against ecocidal projects like #DAPL.
For the hour, Ikmu and Bursts talk about the Camps at #StandingRock, indigeneity, decolonization, the cases against Water Protectors Krow, Red Fawn Fallis and others, prayer, direct action and more. We had this conversation just after the eviction of the Oceti Oyati Camp by pol-igs of various stripes. To find out about the upcoming West Coast branch of the Red Warrior Society Ride For Resistance Tour, check out https://facebook.com/redwarriorcamp
Charles “Scorch” Jordan
Burleigh County Jail
PO BOX 1416
Bismarck, ND 58502
and Michael “Rattler” Markus
PO Box 1108
Washburn, ND 58577
Please write to and support these folks! For more information and further ways to support these brave folks, you can get up with the Water Protector Legal Collective at https://waterprotectorlegal.org/ and the Water Protector Anti Repression Crew on fedbook. Fundraising sites for these folks can be found at It’s Going Down
To check out our 2013 conversation with Krow on defending the Penokee Hills in northern Wisconsin, it starts 35 minutes, 47 seconds into the episode.
Updates from Sabal Trail Resistance
Following our interview last week with Karrie and Niko of Sabal Trail Resistance against the Sabal Trail Pipeline in the South Eastern U.S., the the two locked down inside a section of the pipeline in Marion County, Florida to hamper the construction of the high pressure gas pipeline and demanding the release of a revised Environmental Impact Statement.. You can donate to the legal fund for these and other Water Protectors in the South East by visiting https://sabaltrailresistance.wordpress.com/donate/
Building The Commune in Durham
#BUILDINGTHECOMMUNE is a convergence organized to spread the tools and knowledge for self-defense and autonomy throughout our community in Durham, NC. We are dedicated to building a culture and space for autonomous resistance against Trump and his regime, the State, and capitalism. This convergence is happening across three different venues in Durham: Pinhook, Arcana, and the Atomic Fern.
The Welcoming Committee will be setup at Pinhook (at 117 W. Main St, Durham, NC 27701) with materials/programming distributed there. Childcare will be provided with drop-off/pick-up at the Atomic Fern (at 108 E Parrish St, Durham, NC 27701). A free lunch will be provided at Pinhook by Durham FoodNotBombs.
To close out the day, an Autonomous Assembly will be held at Pinhook from 4:00PM – 5:00PM. The assembly will collectively create the agenda to be discussed, but we’d like to suggest that folks come prepared to discuss: announcements and projects to collaborate on; skills, resources, and spaces we can share with one another; direct issues/crises facing the community or concerns we’re feeling; and mutual aid networks (cop-watches, community medical programs, rapid-response call networks, etc.) we can begin building in Durham now. We will provide materials to help folks learn how they form affinity groups, so that they may begin autonomously building these networks themselves.
If you are in Asheville or the surrounding area, consider participating in the first ever Asheville Anarchist Bookfair! The dates for this event are May 5-7th, and will include workshops, shows and dance parties, nature events, and a whole day of tabling revolutionary and anarchist art and literature.
Keep your eyes on http://acab2017.noblogs.org for the latest in news about the fair, and also use this webiste to submit ideas for workshops, speakers, or tabling. See you there!
This week we are airing two short interviews, the first is with an anarchist legal worker who has been participating in resistance at Standing Rock in so called North Dakota. This interview is specifically about the grand jury summons which was recently served to someone who was struggling at Standing Rock, we speak about what a grand jury is and how people might resist them, also a bit about what it means for this movement to have a grand jury subpoena occur at this moment.
Scott Campbell on upcoming tour of Mexico with It’s Going Down
The next interview we will present is a conversation with Scott Campbell who writes the Insumisión column for itsgoingdown.org. Insumisión is a semi regular publication which aims to highlight anarchistic and anarchist struggles and news all around Mexico. Scott and members of IGD are in the process of launching an information gathering and affinity building tour around Mexico in early next year. In this interview we talk about Insumisión and what inspired it, as well as some of the strategies and influences both North American and Mexican struggle can take from one another, among other topics. To read Insumisión and for a write up about the upcoming tour, you can visit https://itsgoingdown.org/insumision/. To donate to the tour and to see a write up about it, you can visit the rally dot org website https://rally.org/igd-mexico
“[This project] is an international watchdog against state sponsored repression. It is the project of a small collective of volunteers in the U.S. and Mexico. We publish and translate communiqués, articles, and other media by, about, and for social movements. Our primary focus is on indigenous peoples, women, and youth, in both urban and rural communities in Oaxaca, but we also publish about other struggles against neoliberalism throughout Mexico”.
A quick shoutout of thanks to KFED for the lovely new image for the series podcast. Much appreciated!
Since the time that this episode of the Final Straw podcast was recorded, Steve Martinez, a Water Protector and grand jury resistor appeared at the U.S. District Court in Bismarck, North Dakota. On January 4th, 2017 Steve gave a statement outside the courthouse amidst dozens of other Water Protectors who braved the single digit temperatures to stand in solidarity.
My name is Steve Martinez. I have been subpoenaed to this federal grand jury. I refuse to cooperate with these proceedings on the grounds of not helping opposition towards water protectors. I will in no way condone or cooperate with this attempt to repress the movement here at Standing Rock. I know that by refusing to cooperate I will most likely be incarcerated. The loss of my own freedom is a small price to pay for keeping my dignity and standing up for what is right- the defense of the earth and all that is sacred. Mni Wiconi!
The motion to quash the subpoena was denied by the federal judge and a new subpoena was issued by the U.S. Attorney demanding that Steve appear on February 1st, 2017 in Bismarck.
What we know about grand juries is that they have a long history of being used to target those in resistance to the state and engaged in political or revolutionary movements. The purpose of this grand jury and all grand juries that target revolutionary people and communities is to cause division, manufacture prisoners of war, and create paranoia or suspicion amongst comrades. We will not be intimidated and resistance to this is only strengthening our resolve to kill this black snake and all the others.
Water protectors stand in resistance to this grand jury and all tools of state repression, be it on the ground through Morton County’s violent tactics or in the shrouded secrecy of a grand jury courtroom. We will continue to build on the vibrancy of our resistance movement here at Standing Rock in order to destroy the pipeline, the grand jury and their world.
– Water Protector Anti-Repression Committee
TFSR: So we are here talking with an anarchist legal worker who has been participating in the Standing Rock resistance, and we’re here to talk about the grand jury subpoena, which recently came to a Water Protector at
Standing Rock. Would you briefly explain what a grand jury is for those listeners who don’t know and how they have historically been used to divide and subdue radical movements?
Standing Rock: So what a grand jury is is a federal proceeding and it’s intended to produce a federal felony indictment. So in order for a felony indictment to happen, there has to be some process, and it’s typically a grand jury process, that determines whether there’s enough evidence to proceed with a federal indictment and formal charges. And while grand juries are used as a way for U.S. attorneys to produce indictments for a wide array of things, they are especially used as a tool of repression towards political movements, resistance movements, and have a long history of that, going back to the origins of grand juries, which are a holdover from British legal proceedings. So it goes back a really long way, but most recently people have memories of their use around political resistance movements, like the Black Panther Party, American Indian Movement, even more recently
earth and animal liberation movements.
TFSR: Gotcha. And I think that we can remember people like Jerry Koch who got sent to prison for nine months for doing grand jury resistance in response to a bombing that happened in Times Square in New York City. I was wondering if you would talk a little bit about what the specifics of grand juries tend to look like on the ground, or how participants of grand juries, what people have to go through if they are subpoenaed for a grand jury.
So the first step that typically happens when somebody’s called to be a witness at a grand jury, or provide testimony or physical evidence, is that you would be served a subpoena by a federal agent. So in the case of Water Protectors at Standing Rock, a federal agent could be an agent from B.I.A. (or Bureau of Indian Affairs), which is a federal policing force, but often times it would be an F.B.I. agent or even a U.S. Marshall who might serve you the subpoena. And then what that means is that you’re required to attend the grand jury and provide information to them. So at a grand jury, they’re unlike any other court proceeding, where normally there’s a judge in the courtroom and you’re allowed to have your own legal council present with you at a legal proceeding. But at a grand jury, there’s no judge in the courtroom, the courtroom really belongs to the U.S. attorney and the
prosecutor. And you are the person who’s been called to the grand jury, you don’t know for sure why you’ve been called because they operate in almost total secrecy. You don’t know if you’ve been called just as a witness, you don’t know if you’re the target, or the person that they are
potentially trying to indict. And so you’re also not allowed to have your legal council in the room with you. You can, and you really should, obtain legal council if you’ve been subpoenaed to a grand jury, because they can provide you support in the process of resisting a grand jury.
So once you’ve been served and you’re required to go to the grand jury, you have a few options as a person who is working to resist the grand jury. Your first option is that you can just ghost. That’s a really hard option for most people because it means you can’t talk to your friends, your loved ones, your family, your comrades, it means you can’t go to the normal places that you go to. It means that you probably need to leave your hometown, or maybe even the country as a whole. And some people have done that, andthe people have done that have had very difficult experiences. It also puts you at risk still of being in contempt of court and my understanding is that if you just ghost after you’ve received a subpoena, that the contempt can turn into a criminal contempt versus a civil contempt, which I’ll explain a little bit as well.
And so your other option would be, well basically some people have never walked into a grand jury room. They would just show up, hold a press conference with all their friends, loved ones, comrades, and legal council and read a statement in front of the courthouse, or in front of the grand jury room, and that says “We’re never gonna talk to you. I stand in solidarity with my community and this is a tool of repression, and I’m part of a impenetrable wall of silence.” And people have certainly taken that tactic.
Another tactic that people used to resist a grand jury, if they’ve been called to testify, would be to enter the grand jury room and provide only their name. And then any question that they’re asked after giving their name to the U.S. attorney, they would invoke their 5th amendment right, which is their right to not say anything that would incriminate yourself. What happens typically though, is that a prosecutor then says, “Okay we get it, you’re using your 5th amendment right.” And then they might let you go for the day, or they might right on the spot go have a hearing with a judge in another room, and at that hearing the judge would almost certainly impose on you immunity. And I say impose because a lot of people have the idea that immunity would be a good thing, right? That they can’t say
the things that you’re saying in the testimony against yourself, but the thing is they can still use it against your friends, they can still use it against the movement as a whole, they can still use it against all kinds of people,
you might not be aware of how they would use it.
And so then once you’ve had immunity imposed on you, you’re no longer allowed to invoke your 5th amendment right against self-incrimination. And so when you refuse to answer questions, then the U.S. attorney is going to say, “Okay I get it, you’re not going to answer any of my questions.” They’re going to have another hearing with a judge. And that hearing is a civil contempt hearing. Which is not a criminal proceeding, it’s a civil proceeding. And what grand juries do is if you refuse to cooperate, they
try to coerce your cooperation out of you. And if you’re charged with civil contempt in that hearing, then they can incarcerate you for up to the length of the grand jury.
Like you mentioned before with Jerry out in New York, he was incarcerated for around nine months. People in the Pacific Northwest who were resisting a grand jury in 2012 were incarcerated for around four-to-six months, and that’s a coercive incarceration that’s meant to pull testimony out of you. But they’re not allowed to punitively incarcerate you, which is like all semantics right? We all know that all incarceration is punitive. It’s all meant to punish us for something. But they’re using tricky legal language, so that it’s not punitive, “It’s just coercive, we’re just trying to torture all of your testimony out of you by incarcerating you and removing you from your community and your loved ones.”
But, because people have used this tactic of being really public and saying that not only are they not personally going to cooperate, and they personally have put up a wall of silence, but also that they’re whole community is in a silent resistance to this grand jury. Then that can be used as evidence further that you’re not ever going to cooperate, and something then that can happen is called a grumbles motion, which is a fantastic name and it’s actually named for people who were a married couple who resisted a grand jury, it has a really beautiful history of it’s own.
A grumbles motion can be filed by your council, by your attorney, and it’s basically saying “This person has made it evident and clear that they’re not going to cooperate with this grand jury, and this incarceration has gone from coercive to punitive.” Which is illegal for a civil proceeding, which is what that is, it’s a civil contempt charge. And so that’s how Jerry was able to get out of coercive incarceration, and that’s how many other people have been able to do that. But I think it also really ties into this public display, community-wide, nationally, even internationally, that people have taken up around grand jury resistance, especially in this last decade, of being really firm and open from the onset, from the moment they receive a subpoena, instead of being quiet as a community which is what the feds hope will happen. That you get scared and that you self-isolate. But instead, build your own vibrancy in our communities of resistance and that same loving solidarity that we have, we continue that as a way of resisting.
TFSR: Yeah, like you said it seems like so many things in the legal system, this just seems like a pretty diabolical framework for doing this sort of thing and I think that like so many things, the success of it just rides on isolation,it rides on personal despair or being worn down. And it seems really interesting to me, and really telling, this grand jury subpoena has come pretty hot on the heels of the supposed easement of the Dakota Access Pipeline. I was wondering if you would speak about the timing of this
grand jury subpoena.
SR: I think it’s smart for us to be looking at the whole picture like that. You know on November 20th there was a battle, a kind of stand off, at the backwater bridge, which is just on the North end of the Oceti Sakowin Camp, there
at Standing Rock, which is the Northern camp, which originally had been an overflow camp for Sacred Stone and Rosebud on the reservation side. And that battle that happened on November 20th, which a lot of people have now burned into their memory, not just across the so-called U.S. but really across the world because of the use of water cannons in sub-freezing temperatures by Morton County Sheriffs. There was also a young woman, Sophia Wilansky, whose arm was horrifically injured, and another woman named Vanessa who might lose her eye due to the insane force that was used by Morton County. So just a little more than a week, a week and a half later, is when this grand jury was convened. And what we know from
on the ground is that those things that happened on November 20th on that bridge, what happened to Sophia Wilansky, we know that Morton County Sheriffs were already trying to victim blame her, saying that somehow she had blown her own arm off. I personally was on that bridge and I can tell you that no one was blowing their own arms off there. What I saw was people who were not, it wasn’t even street fighting in that setting, it was really just people who are so incredibly frustrated and incredibly broken at the continued horrific use of colonial forces in their territories and in their homelands. And I saw a lot of young indigenous people who were just trying to turn that knob on the pressure valve and let some pressure off of them. It’s not just been building for the last month at Standing Rock, but really people are letting the pressure off of ancestral trauma that goes back more than five hundred years. And I think all of that context is really
important when we’re looking at this grand jury situation as well. What we know about this grand jury is that it has something to do with, at least in part, with what happened on the bridge on November 20th. And we know so far that they are looking at potentially eco-terrorism that’s taking
place at Standing Rock, which isn’t taking place. The only terrorism that’s taking place is the terrorism of the state.
The person who received this first subpoena, we believe has been targeted because of their close proximity to Sophia Wilansky. This is a person who helped to transport Sophia when her arm was injured and get her to medical care. And so there’s very little information that any body has right now about what exactly this grand jury is trying to put together information-wise. But at the end of the day, we don’t need to know for sure. We know it’s being used as a tool to repress the work that’s happening with water
protectors at Standing Rock, and potentially to connect it to other resistance movements to extraction and environmental terrorism that’s happening at the hands of capital and the state.
And that first subpoena was received a day before that announcement from the Army Corps (of Engineers) about the easement. And I don’t think that the timing is coincidental. I think the timing is probably pretty intentional. You had a lot of people distracted feeling like they won, and I don’t want to say that that was an entirely false victory, but it’s not a permanent victory. In the camp, when the announcement of the denial happened, and there were cheers, you know rippling throughout the camp for the entire day and night, people celebrating and feeling excited. And I do want to recognize that that only happened because of people’s collective power. The Army Corps didn’t deny the easement, the people who’ve been
fighting this pipeline denied the easement and will continue to deny it, and will continue to deny Dakota Access Pipeline and their ability to do what they’re doing.
I want to recognize that while that is a victory, it’s a victory of one battle in a long-game war. What’s happening is that the state, while people are distracted by the victory of that particular battle, are doing the backdoor dealing with the grand jury and that they’re trying to prey on people who
are in resistance to extraction and to the Dakota Access Pipeline, and really to colonialism in general, and imperialism in general. This is a movement about indigenous sovereignty, and not just about one pipeline. But I think that the timing is really purposeful, and this is also a movement where a lot of people are really new to being in resistance. A lot of people are really new to political and social organizing, and so what is important and the work that’s happening amongst legal workers and supporters at the camp right now is that because there’s so many new, fresh people, it’s also a ripe environment for the feds to prey on people who might not understand that
what feels like innocuous testimony they might give to a federal agent, in or out of a grand jury room, that information is never innocuous to the state. While it might seem like not a big deal to say that you ate dinner with so-and-so or yes once you had coffee with so-and-so, the state can then use that to socially map an entire movement of resistance, and that’s why people have really taken on this work, running full speed ahead, and moving as quickly and strategically as possible to disseminate the
information and make sure that people aren’t just distracted by the victory of one battle, because there’s a whole war that we’re trying to fight right now.
TFSR: I think that’s a fantastic point because I’ve been seeing a lot of discussion about “Yay we won! We can go home now!” But I was wondering, maybe you’ve already answered this as much as you want to, but I was wondering if you had any thoughts on how real the easement is, or how permanent you think it is. Do you think that people will just come back and start building once the regime has flipped, or what are your thoughts on that?
SR: Things up there (at Standing Rock) are in a pretty delicate situation. The tribal government of Standing Rock and their chairman Dave Archambault, you know in the beginning he said that a re-route would never be a victory
of Standing Rock and for Sioux Nation, and the only victory would be a complete block of the Dakota Access Pipeline. Well now you have Dave Archambault, who came to the camp and drove around in his personal pick-up truck, announcing to people that they have won, and that people could return to their homes. And what is suspected to be happening with this denial of the easement by the Army Corps, they’re denying the easement in that spot at the Oahe Lake, which is actually just a lake that’s resulted
by the damming of the Missouri River, which is a whole other history that I encourage people to look into, the way that the Missouri River has been a point of struggle for the people at Standing Rock and the Sioux Nation for many, many years.
And so denying the easement in this one tiny spot on Lake Oahe on the Missouri River is not a victory, because we all, tens of millions of people, rely on the water from the Missouri River, the largest water basin in this region of the country. And putting the pipeline crossing of the Missouri
River twenty miles north or, forty miles north, is still going to result in the same risks for everybody who drinks that water and for all the people of Standing Rock, and for all the people of Sioux Nation. And so I think it’s important for people to be examining. You know, I’m an anarchist, I’malways examining the people who hold power, and I think my indigenous comrades who are up there, or who have been up there at Standing Rock, they also come from a perspective that somebody who is in tribal government, these are governments that mirror colonial government and colonial power. And so there’s something to question there. This isn’t the ways in which traditionally indigenous people of Sioux Nation would have governed themselves. And if we’re going to be talking about being in solidarity with indigenous sovereignty, then we as non-native people,
allies and accomplices to them, need to be following their lead, but we also need to be critical of whose lead we’re following and what kind of power those people are wielding.
But I think that there’s a lot of people who are not going home, and I think that’s really important to remind people right now, that there are hundreds and hundreds of people who will not be returning home. Over on the reservation side at Sacred Stone and Rosebud camp, there’s still around six hundred or more people on that side, at Oceti Sakowin which I believe has actually been renamed to Oceti Oyate, which that rename has come from the indigenous youth council and from this person Chase
Ironeyes who actually had run for U.S. Congress, he did not win, which I think is a good thing, so that he can stay in the community as opposed to ascending to actual power, but Chase Ironeyes is actually from Standing Rock. Him and his wife have been fighting this pipeline really along with the people, and he’s stepped into a real role of leadership that I think is a positive role of leadership. And he is encouraging people along with Ladonna Allard whose land Sacred Stone is on, is one of the founders of Sacred Stone Camp, are telling people to not go home, that people who are already there need to continue holding space, to continue to fight this pipeline, but also to continue to assert their indigenous sovereignty over
these lands that don’t belong to North Dakota and were never ceded by the people of Standing Rock and Sioux Nation.
TFSR: So earlier in the interview you spoke a lot about ways to resist grand juries; ghosting, press conferences and invoking the fifth amendment. Are there any other ways that you would recommend people fighting a grand jury scrutiny?
SR: Yeah, so the first thing, I said a little bit earlier, but I think it bears repeating, it’s scary when you are the person who receives a subpoena, and it’s meant to be scary, that’s the tool that the state is using, is to be the big scary,
secretive entity that intends to isolate you. So number one, reaching out to people and not staying silent I think is one of our strongest tools. And also, I think the grand jury that happened in the Pacific Northwest, the grand jury that happened with Jerry out in New York, I think those are really great recent examples, the grand jury with Carrie Feldman in Minnesota a few years ago as well, are really great examples of building not just localized community resistance, but really started reaching out through the
very vibrant national networks of anarchist, anti authoritarian and radical people. And so I think doing that as well, reaching out in through all the networks that we have, whether they’re political or personal networks, and
building these ways of resisting together.
Also the Water Protector Legal Collective and the National Lawyer’s Guild have a really strong presence up there at Standing Rock and they’re doing a lot of work in the camp and out of the camp to help mount resistance to this grand jury and offer the support necessary. So just as a heads’ up to any person who, because people who are possible targets for subpoenas for this grand jury, so many people have come and gone from Standing Rock, that you could be back home in Ohio and receive a subpoena. You don’t have to be at Standing Rock or in North Dakota or that region of the country to be subject to this risk, and I don’t say that to stoke any fear but just to be really honest with people, that you may have come and gone but this is still a possibility. So reaching out to the Water Protector Legal Collective as quickly as possible is really important because they’re able to offer legal council that could represent you through the grand jury process, they’re able to connect you to those networks of resistance that are already existing if you yourself aren’t already plugged into them.
Water Protector Legal Collective has a website which is waterprotectorlegal.org, but if you received a subpoena, you should call them immediately. Twenty-four hours a day they have a hotline, and the number is 605-519-8180.
And also, right now people who want to help support grand jury resistance, donating to the legal collective fund is especially helpful. Not only does that legal fund that exists through the Water Protector Legal Collective going towards supporting people’s criminal cases, it’s also going towards supporting the people who are up there doing legal work who’ve left their homes and their families back in their own communities and are up there doing that work. The amount of resource that’s necessary to help 571 people, and that number of people with criminal cases is growing, to help those people with their criminal cases, also fighting a grand jury, also trying to support the people who have given up their lives at home to be engaged in full-time legal support. So donations are vital and that is
a way that people at home and outside of Standing Rock can continue to support not just grand jury resistance but also all the people that are facing criminal charges as well.
TFSR: I was wondering, you mentioned looking into the cases of recent grand jury resistance as a way to be more informed, but are there any other resources for grand jury resistance that you would recommend to listeners?
SR: Yeah, so I would say one of my number one favorite spots for grand jury resistance information is there’s a lot of really great detailed information that’s available through the Civil Liberties Defense Center in Eugene, OR, and their website is cldc.org, and they have a number of resources that are available on there, both for a person or people in a community that are thinking about grand juries but also resources available for legal workers or attorneys about grand juries and how to fight them when they are being used against people of political or social resistance. Other good stuff that’s out there; crimethInc has some information, also the Midnight Special Law Collective has a grand jury training available on their website which is midnightspecial.net, and there’s also some really good history and information that’s available through the Freedom Archives. On the Freedom Archives, if you just search on there, which is freedomarchives.org; you can search “grand jury” or “grand jury repression” or things like that. There’s a lot of really good information on there, and there’s a lot of really good historical context about how grand juries have been used against people in social and political movements. People like the Puerto Rican Independinistas, people from the American Indian Movement, and the long history of grand jury use and FBI repression.
TFSR: Do you have anything else that you’d like to add?
SR: I think the only thing I would want to add is I think that there’s a lot of really exciting and beautiful and hopeful things that are coming out of this movement at Standing Rock. We’re seeing that spirit of resistance spread from Standing Rock Reservation, which probably most people had never heard of until a few months ago, but that’s spreading out not just across this country and continent but really globally, there’s global solidarity for this. And I think, I really want to drive home to people who are non-native people who are allies and accomplices to Indigenous people who are in this struggle, that part of what I feel like our responsibility is, we’re in solidarity
with Indigenous people who are fighting for sovereignty, that we not only be in solidarity with them on the frontlines, we not only be in solidarity with them in those kind of glamorous moments of resistance, but that we
be in continued solidarity with them when the repression, the inevitable repression comes raining down on those movements of resistance. And that we really take it very seriously that the grand jury, the feds, and local law enforcement, more importantly County law enforcement, that this isn’t something that’s just going to be happening in this next couple of months, that the repression that’s going to be coming against people who are in struggle for indigenous sovereignty over their lands, their water,
their communities, their spiritual practices, that this repression is going to last for a long time. I hope that non-native allies and accomplices are in it for the long haul as well.