Tuesday, February 21, 2017

American Indian Genocide Museum -- Coyote Trustee -- U.S. Does Not Own the Land

Water Protectors on the front line shield themselves from the police on the hills on Thanksgiving. 
Photo by Rob Wilson Photography
American Indian Genocide Museum -- Coyote Trustee -- U.S. Does Not Own the Land

'Indians are being evicted from whose land?'

By Steve Melendez, Paiute

President, American Indian Genocide Museum

Member, Reno-Sparks Indian Colony

Censored News

Yale law professor Peter d'Errico just wrote an article entitled, Dakota Access Pipeline Secret
Document: The U.S. Trustee is not Trustworthy. He  wrote, "When it comes to the Dakota Access Pipeline remember the adage: ‘Fool me once, shame on you. Fool me twice, shame on me.’"
"...Be clear: the federal Indian law version of 'trusteeship' rests on the claim by the U.S. that it 'owns' Indian lands it 'discovered,' and 'holds them in trust' for Indian Peoples." (See Peter d'Errico's article below.)
What is the secret document?  The "North Dakota Lake Oahe Crossing Spill Model Discussion." What kind of trustee withholds that kind of information?
What would be the topic in a spill model discussion? It is the job of the National Association of Corrosion Engineers to determine the safe operating life of a pipeline. The spill risk model for corrosion would be illustrated on a chart such as this:

It shows the corrosion rates of different types of pipe in millimeters per year under a particular condition. It shows 304 stainless steel pipe being the best.
What kind of trustee withholds this kind of information? A trustee standing on the premise that, “ the U.S. ‘owns’ Indian lands it ‘discovered.’”
Wait a minute, that sounds like land theft. It is as though the system is rigged!!!
Fool me once, shame on you. Fool me twice, shame on me.

Steve Melendez, Paiute
President, American Indian Genocide Museum
Member, Reno-Sparks Indian Colony

Website: http://www.aigenom.org


DAPL Secret Documents: The U.S. "Trustee" is not Trustworthy
By Peter d'Errico
9 February 2017
The U.S. Army Corps of Engineers December 4, 2016, decision to undertake a full Environmental Impact Statement (EIS) for the proposed Dakota Access Pipeline (DAPL) crossing of Lake Oahe states something quite startling: Paragraph 5 in the full text states, "Because of security concerns and sensitivities, several documents supporting the [original] Environmental Assessment were marked confidential and were withheld from the public or representatives and experts of the Standing Rock Sioux Tribe. These documents include a North Dakota Lake Oahe Crossing Spill Model Discussion…."
How does that square with the February 7, 2017, statement by Acting Secretary of the Army Robert Speer when he announced the Army was aborting the EIS process and withdrawing the notice of intent? Speer said, "the decision was made based on a sufficient amount of information already available which supported approval to grant the easement request."  
What information? Available to whom? How sufficient? In whose judgement?
In "Custer Died for Your Sins" (1969), Vine Deloria, Jr., wrote: "Past events have shown that the Indian people have always been fooled by the intentions of the white man. Always we have discussed irrelevant issues while he has taken our land. Never have we taken the time to examine the premises upon which he operates so that we could manipulate him as he has us."
With the Army's secret documents and double-talk on DAPL, Indian Country now has yet another example of being fooled and manipulated by the white man.
The December promise of an EIS review came after several rounds of talking between Standing Rock and the U.S. government during the months-long encampment of water protectors at Standing Rock. Close watchers were already wary of the promise and pledged to stay at the encampment; but many others celebrated the promised review—ignoring the long history of manipulation that Vine Deloria wrote about.
The federal back-and-forth on DAPL offers an opportune moment to remember—and apply—the ancient adage: "Fool me once, shame on you. Fool me twice, shame on me."
Or, as George W. Bush mangled it in a 2002 speech about "American History and Civic Education"—"fool me once, shame on -- shame on you. Fool me -- you can't get fooled again."
Either way you say it, the moral of the saying leaves no doubt: When the same person uses the same tactics to fool you more than once, you've got no one to blame but yourself.
For much too long now, Indian representatives have placed their trust in the so-called "U.S. federal trust responsibility" toward Indian Nations. The many U.S. violations of promises, treaties, agreements, and laws shows that the "trust responsibility" rhetoric functions as what Deloria called a "premise" used to fool and manipulate people.
The "trust responsibility" stems from early 19th century U.S. Supreme Court decisions that gave birth to federal Indian law—creating doctrines of "domestic, dependent nation," "ward/guardian," and "plenary power"—all based on the 15th century concept of "Christian Discovery"—the claim by the Christian colonizers that they had a right of domination over the Native Peoples and owned lands they "discovered."
Those original federal Indian law decisions have never been overruled. The U.S. government to this day still claims the right to dominate Indians and own their lands. The major precedent of Christian Discovery, Johnson v. McIntosh (1823), has been cited in more than 300 cases to date.
The number goes higher when you add cases that use "discovery" without citing Johnson. For example, City of Sherrill, N.Y. v. Oneida Indian Nation of New York (2005) said, "fee title to the lands occupied by Indians when the colonists arrived became vested in the sovereign—first the discovering European nation and later the original States and the United States."
Be clear: the federal Indian law version of "trusteeship" rests on the claim by the U.S. that it "owns" Indian lands it "discovered," and "holds them in trust" for Indian Peoples.
At this point, U.S. courts—and unfortunately many "briefcase warriors"—simply assume that "discovery" is the "law" in federal Indian law. When the courts do that, they are manipulating Indians; when briefcase warriors do that, they are being fooled. Law involves arguments and counterarguments; with no counterargument, no change can happen.
Federal Indian trust law differs so markedly from ordinary trust law that they are two different concepts. In ordinary trust law, a trustee holds property for the benefit of another. Ordinary trust law is rooted in centuries of decisions describing high standards of fiduciary responsibility. In ordinary trust law, courts have said, "the duties of a trustee are the highest known to the law."
In federal Indian trust law, the duties are perhaps the lowest known to law. For example, in United States v. Navajo Nation (2009), the court reversed a lower court decision that tried to apply "common law trust duties of care, candor, and loyalty" to the U.S. The court rejected that principle.
In Cherokee Nation of Oklahoma v. United States (1990), the U.S. Court of Claims described the federal Indian law trusteeship as "bare," and said "fiduciary obligations applicable to private trustees are not imposed on the United States" unless the U.S. specifically agrees to be bound by them.
In Lone Wolf v. Hitchcock (1903), the court said, "We must presume [emphasis added] that Congress acted in perfect good faith in the dealings with the Indians...." In fact, the Lone Wolf decision declared the federal Indian law trustee has "plenary power," which means, "not subject to be controlled by the judicial department."
Back to DAPL: In December, when the Army Corps of Engineers said it would not approve an easement for the pipeline to cross under Lake Oahe, U.S. Secretary of the Interior Sally Jewell praised the decision, saying it "underscores that tribal rights reserved in treaties and federal law, as well as nation-to-nation consultation with tribal leaders, are essential components" of federal decision making.
The Corps' February reversal of the decision shows how inessential these factors really are. To the extent that Indian Nations depend on the federal Indian law trust responsibility to protect their lands, they are being fooled. The federal Indian law trustee decides for itself what factors are "essential"—and it can change its mind at any time, for whatever reasons it comes up with.
Put all this together, and you'll see why Deloria urged us to "examine the premises." You'll see the wisdom in Frank Archambault's assessment of the Army's December move:  "It’s a trick. It’s a lie. Until that drill is shut down it’s not over yet…We’ve been lied to and deceived this whole time. Why should this time be any different?"
"Fool me once, shame on you. Fool me twice, shame on me."

Peter d’Errico graduated from Yale Law School in 1968. He was Staff attorney in Dinébe’iiná Náhiiłna be Agha’diit’ahii Navajo Legal Services, 1968-1970, in Shiprock. He taught Legal Studies at the University of Massachusetts, Amherst, 1970-2002. He is a consulting attorney on Indigenous issues.

VIDEO: Women of Oceti Sakowin: 'We are Surrounded. We Need Help' Feb. 22 is Eviction Raid

"We are surrounded. We need help"

Water is Life: Elders and children need protection. Heavily militarized law enforcement will raid Oceti Sakowin on Feb. 22, 2017.

"We are surrounded."
"In the history of colonization, they have always given us two options. Give up our land, or go to jail. Give up our rights, or go to jail."
"Now, it is give up our water, or go to jail."
"We are not criminals."
Listen to the women -- sisters, mothers, grandmothers, who face federal charges and prison time.
"We need help."
"We need everyone to come here and stand with us."

Message from Shaun King
My dear friends in Standing Rock sent me this video, produced by women, featuring women, and asked me to share it with you. Militarized law enforcement have now surrounded their camp. In less than 48 hours, at 2 pm on THIS WEDNESDAY, law enforcement will raid the camp and arrest any water protectors who attempt to remain.
THIS IS NOT OK. This is their treaty land. This is their water at stake.
Water Protectors are asking media, supporters and those who can come to come NOW. Right now. Please pay attention and share their truths. Come if you can. This is the front line in the battle against #TrumpTyranny.

Monday, February 20, 2017

Cheyenne River Lakota Chairman -- A Place for Prayer: 'All we have is each other.'

Cheyenne River Sioux Nation Chairman Harold Fraizer at Cheyenne River Camp on the Cannon Ball River, defending the water.
"Water is life."
Watch video below, recorded Sunday, Feb. 19, 2017

Cheyenne River Sioux Chairman Harold Frazier calls on Pipe Carriers and Sun Dancers to Come and Pray

Article by Brenda Norrell
Censored News

Cheyenne River Lakota Chairman Harold Frazier at the Cheyenne River Camp on the Cannon Ball River. Chairman Frazier reflects on the defense of sacred water, his meeting with President Obama, and the need now for a place for prayer.
The Cheyenne River Sioux Tribe has been involved since the first camp at Sacred Stone in April. Recently, the motion in court for a temporary restraining order for construction of the Dakota Access Pipeline was denied.
"Through all the travels, I realized that all we have is each other."
Reflecting on the election of President Trump, he says he realizes now, more than ever, that "it is really going to get tough."
"Sometimes all we have is prayer."
He says that the people realize that they need this camp, as a place to pray, to "pray for the future of our children, and our grandchildren."
A hearing is coming up on Feb. 27 for a preliminary injunction to halt the pipeline. He asks for a gathering of prayer, prayers for the judge to make a good decision and stops the pipeline.
"I'm asking for all Pipe Carriers, and Sun Dancers, to come to this camp and pray."
Frazier said if the people pray in unity, whether the prayers are here, or all over the world, miracles can happen.
"Miracles can happen with prayer."
"It has been a pretty hard struggle. The odds are really stacked against us."
The first draft of the environmental assessment showed there were many environmental concerns. The Army Corps of Engineers was asked to slow down, "because of our water rights, our Treaty rights."
When the Army Corps approved the environmental assessment, claiming that the pipeline would not have any environmental impact, the Army Corps did not respond to the concerns of the Interior Department, he said.
Frazier said this shows that "the federal government does not care about Treaty rights."
"We know what is at stake, that this water is life, we have to do what we can to protect it. We need to be here, on the ground, to show them, that we are not going to stand for it."
Frazier said the water protectors have been hurt, scarred for life, and many have felonies.
"We need to thank them. We need to thank them for standing up for us."
Frazier said the water protectors should be honored.
Referring to Oceti Sakowin Camp nearby, Chairman Frazier said, "The camp right over that hill was a symbol of defiance."
"I'm proud of that."
Now, as the snow melts, and water protectors chip away ice and frozen snow, and sort out donated items at Oceti Sakowin to be taken to other locations with needs, Chairman Frazier said he has asked for a two week delay of the Feb. 22 eviction deadline for Oceti Sakowin Camp, so the cleaning can be completed.

Listen to Chairman's Frazier complete statement on the video above.

AIM's Dennis Banks: Raid Imminent in 48 Hours 'Come to Standing Rock'

AIM Co-founder Dennis Banks (center) urges water protectors to come to Standing Rock Camp on the evening of Feb. 21, 2017, to prepare for the forced eviction now threatened for camps on Feb. 22, 2017. The BIA served trespass notices last week, with the intent of eviction, last week to all camps for Feb. 22, including Sacred Stone Camp on the private land of LaDonna Allard.
Video below by Last Real Indians

Dennis Banks said, "We are going to be gathering in peaceful prayer."
Banks said if there is any violence it will be under the direction of the U.S. government.

On Monday evening, Nataanii Means said, "Spirits are good here." Listen below to songs  from camp. 

Mohawk Nation News 'Oroville. She's Kicking Ass!'


Please post & distribute.
MNN. Feb. 19, 2017. The original settlers were under the impression that when they arrived on great turtle land, our land was advertised as “INDIAN LAND FOR FREE” . It was “Available for occupation” by them.Europeans could come here and own our land. This caused over 100 million dead INDIANS. The Indian Ring gave them guns and deputized them. They could kill us, dump our dead bodies into mass graves and take everything we had.The bursting of the Oroville dam in California is a metaphor for the “truth movement”. The water is rising to the top of the dam. Then it fills the dam and is ready to flow over the cement wall to flood the valley below. The corporation tries to keep patching it up for the time being. Now the water is rising and starting to come over the dam.
Rain is the whistle blower adding more truth into the water. Soon the dam will start to crumble into torrents of uncontrollable floods.
Nothing can hold back the truth. There’s no stopping it. Once it goes over the edge, the truth will clean away everything dirty, just like water.
Like nature, truth is natural and will all come out in the end. Unnatural people are trying to avoid the truth, right to the last moment they keep mending the dam.
Water is very heavy, as is truth. The dam will wash all the lies out into the sea.
Water is life on earth. It has a dual role. Everything on earth needs water to live. Water is the most life giving and the most destructive force on earth. It can wipe out everything on earth when it moves.
Johnny Cash sings about the rising waters: “How high’s the water, momma? Well the rails are washed out north of town. We gotta head for higher ground. We can’t come back till the water goes down,Five feet high and risin'”. 
Hitlers American business partners https://www.youtube.com/watch?v=SMKnH2BlkBA

Mohawk Nation News 'China Has A Wall. Me Too!'


Please post & distribute.
MNN. Feb. 18, 2017. Welcome to the 525 years of military occupation of great turtle island. The Trump wall is suppose to be a symbol of the visitors who came, stayed for a while, poisoned almost every river and lake. We have to clean up the mess.
Economic disaster looms ahead. Infrastructure falling apart. Racism has always been the conscious basis of the ruling matrix. The wall is to preserve and protect the corporate matrix.
The secret military is being rebuilt. The sell-outs are lined up to help erase our existence. They will fail.
One, is the wall to keep the real slaves, American workers, inside the U.S. mind control prison? or is it, number two, to keep out the natural world, the four and two legged beings that might affect their minds and free them from their bondage?
Trump sees himself as the new warrior who will rescue those he chooses and protect the infrastructure he needs.
In the future the writers of fake history will pen a story about this wall, that goes something like; The wall started in Asia, grew legs, walked across the Bering Strait and planted itself right on the US-Mexican border.
Our mother and all life on onon’ware:keh, great turtle island, remembers everything. Donald Trump should listen again to Pink Floyd sing about building a wall: “We don’t need no education. We don’t need no thought control. No dark sarcasm in the class room. Hey, teacher, leave them kids alone. Teacher, leave them kids alone! All in all, it’s just another brick in the wall”.
[Another Brick in the Wall].
Mohawk Nation News kahentinetha2@yahoo.com for more news, to donate and sign up for MNN newsletters, go to mohawknationnews.com More stories at MNN Archives.  Address: Box 991, Kahnawake [Quebec, Canada] J0L 1B0 or original Mohawk music visit https://soundcloud.com/thahoketoteh
www.censorednews.com Standing Rock Update.

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