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| Militarized police raid and clear water protector camps at Standing Rock. Photo by Rob Wilson, used with permission at Censored News. |
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| An officer can be seen needlessly tearing open the side of this structure in the Oceti Sakowin Camp as camps were raided and cleared. Photo by Rob Wilson, used with permission at Censored News. |
| Morton County Sheriff's Letter to President-Elect Trump Accused Water Protectors of Bogus Crimes |
By Brenda Norrell, Censored News, March 24, 2024
BISMARCK, North Dakota -- The Morton County Sheriff's Department sent a letter to President-elect Donald Trump which accused Standing Rock water protectors of crimes that there was no evidence of -- crimes water protectors were never charged with. The letter urges Trump to stop the protest of the Dakota Access Pipeline.
After taking office, President Trump signed an executive order to expedite approval of the Dakota Access Pipeline on Jan. 24, 2017. The Oceti Sakowin Camp of Standing Rock water protectors camps was cleared by law enforcement on Feb. 23, 2017.
In the letter to President-elect Trump after the election, Morton County accused water protectors of crimes that there was no evidence of, and crimes that no water protectors were charged with. The letter is revealed in Morton County Sheriff Kyle Kirchmeier's second deposition, in the current federal case, North Dakota v. USA.
Morton County also blamed influence from Obama's White House for the ongoing protest of the Dakota Access Pipeline. Morton County said that Standing Rock Chairman Dave Archambault should be held accountable for the protest.
Kirchmeier, in the deposition, was asked if he witnessed any of the crimes stated in the letter to Trump, or if any charges had been filed against water protectors for those alleged crimes.
Kirchmeier said that he had not seen any of the crimes committed, and there were no charges for those alleged crimes.
Morton County's letter states, "Hold the Standing Rock Tribal chairman accountable for his actions and in-actions which have led to and sustained the turmoil."
The letter was composed by Morton County Sheriff's public relations staff, and other media staff in the emergency command operations, Kirchmeier said.
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| Part of the heavily militarized police raid on the Oceti Sakowin Camp. These humvvees are on the old flag row. -- Photo by Rob Wilson, Feb. 23, 2017, used with permission by Censored News. |
During his deposition, Sheriff Kirchmeier names the media machine behind influence in Washington.
The National Sheriffs Association provided Morton County with media assistance, as it pursued "changing the narrative" in the news and on social media.
Mark Pfeifle at OTR Strategies was part of the National Sheriffs Association, and was assisting with the sheriff's protest response.
Kirchmeier testified that they were all working together.
"Well, NSA is, you know, the National Sheriffs' Association, and I do believe that they are even out in -- in Washington, D.C. and that area, so they have all of the -- I guess the -- the contacts that we were looking for and the ability to have that information to -- to send to the right people."
Kirchmeier was asked, "In your mind was it important to create a counter-narrative in the press and in social media to address the claims made by those opposing the pipeline?"
Kirchmeier said Jonathan Thompson, executive director of the National Sheriffs Association, was the one who had the contacts.
The role of the National Sheriff's Association -- in both media spin, and lobbying in Washington -- was exposed by The Intercept.
North Dakota's regulatory board ruled that TigerSwan, the mercenaries hired by Energy Transfer for security and surveillance at Standing Rock, worked in North Dakota without a license. After a court battle, TigerSwan's spy documents were released to The Intercept.
The media spin included "Wanted" posters for water protectors.
Morton County Sheriff Kyle Kirchmeier deposition in case, North Dakota v. USA
Second deposition, excerpts:
Q: Question by examiner, an attorney for North Dakota -- "In your mind was it important to create a counter-narrative in the press and in social media to address the claims made by those opposing the pipeline?"
A: Answer: Kirchmeier --"I'm not sure I follow your question. But I'm just looking for individual's name. It was Jonathan, the president of -- or the -- I don't know if you call him the president. The executive director of NSA was Jonathan -- I'm trying to think of his last name here."
Q (By Mr. Scarpato) "Is it Jonathan Thompson?"
A "Yeah, that -- I think that's it. The -- and he's the one that has -- that was out there and was able to -- you know, have the contacts."
Q "So are you familiar with any of the individuals within the federal government that Mr. Thompson was or was not able to get into contact with about this protest situation?"
A "The only one that I know would have been (Attorney General) Loretta Lynch because I talked to her on the phone."
Q "And presumably in that phone call either Mr. Thompson participated or the subject of his communication with Ms. Lynch came up?"
A "You know, I can't exactly say how that was set up when I was on the phone with her -- of who set that all up, but, I mean, obviously it was. But who was all behind it, I do not know."
Q "Okay. Anyone else that you can think of that NSA (National Sheriffs Association) would have had contact with in the federal government beyond then Attorney General Lynch?"
A "Then it would -- just from the other letters that were -- were written and sent off and, you know, one to -- to the White House and to, I believe, it was secretary of the Army and -- and interior -- Secretary Jewell, I believe, were all contacted at one point by -- by letter."
Q "And I asked you a question or two a few moments ago about a counter-narrative in the press and in social media, which you felt was important. Can you tell me what the -- the substance of that -- that counter-narrative was that y'all were working to put out?"
A "Well, to get the correct information and the -- and the truth to the public of what was -- what was going on. Our goal was to protect the -- the rule of law and everybody else's rights as well when this was occurring."
During the deposition, Kirchmeier said Morton County returned the riot gear to the office of emergency services, but did purchase three of the vehicles.
A "Actually the -- the riot gear was all -- was all turned back in. The only thing is that we did purchase -- there were a number of vehicles, but I -- I can't remember the exact amount. I'd have to go back, but I'm thinking either two or three vehicles were purchased through the state with DAPL-related expenses."
Q "And those vehicles stayed in the motor pool for Morton County? Am I understanding that right?
A "Yes. We actually -- most of them were 2017 10 Tahoes, I believe."
"Oil police marching down the hill for their raid on Oceti Sakowin water protectors." Photo by Rob Wilson, Feb. 23, 2017, used with permission at Censored News.
The Letter to Trump
Kirchmeier confirmed the letter to President Elect Donald Trump.
Q "And to your knowledge -- this looks like a draft letter to me. To your knowledge, was this letter, in fact, sent to then President Elect Trump?"
A "I believe that it was."
Q "Do you know whose idea it was to write this letter?"
Kirchmeier: "This is all, I guess, talked about as far as getting the information and the assistance requested from the federal government. So who actually, you know, thought of the -- the letter to -- to send to Donald Trump, I'm not sure, but we were on board to do it."
Q "Do you know who drafted it?"
A "Part of it would have been -- Maxine would have helped I -- I do believe. And then -- but if the rest of the -- the JIC helped, I'm not exactly sure who all had a -- a hand in -- in writing it."
Q "And so when you refer to Maxine, I'm assuming that's Maxine Herr, the public information officer -- officer for Morton County sheriff's department?"
A "I -- correct."
Q "And when you say JIC, is that J-I-C, Joint Information Center?"
A "It is just because of the information -- we had our local, I guess, federal partners here from the U.S. Attorney's Office, the -- I guess the FBI, the U.S. Marshals and, you know, upon, you know, talking and having conversations, that it -- it just -- you know, locally they were willing to -- to help, but above them it would not get any further and they were running into roadblocks, which then the -- the assistance couldn't be provided which we were asking for."
Q (By Mr. Scarpato for the defendant U.S.) "So, I mean, looking a little bit later in this paragraph I see reference to political interference with the permitting process regarding the easement for the pipeline, and so I'm wondering what -- you know, what action or -- or decision the -- the federal government is behind this paragraph which notes politically motivated White House driven directives that directly caused these protests or of which the protests are a direct result."
A "Yes. We were -- you know, there were conversations with BIA and -- and the BIA director, I think what his title was, is Dan [sic] Cruzan at the time with the Bureau of Indian Affairs because there was obviously communi- -- you know, talking going back and forth so we can -- so everybody was aware of what -- what was going on."
Q "And would you say that Mr. Cruzan and the Bureau of Indian Affairs law enforcement were a fairly active partner in working to respond to this situation?"
A "The -- I don't know what you really mean by active, but they were assisting and when something did happen on the -- you know, on the Sioux County side is that they took care of the Sioux County side. We as Morton County did not go over there."
Kirchmeier described operations
A "Overall, yeah. There were many different documents in different forms, but -- depending on what it was for, but -- but it was a document that was produced."
Q "Do you have a hand in preparing this lands lines of effort lines of operation to your knowledge?"
A "This comes from -- this was put together I do believe by -- what it appears to be is Sean Johnson and with the, I guess the EOC or, you know, or the -- what's the word I'm looking for? Not the EOC, the Department of Emergency Services and with that whole group."
North Dakota Highway Patrol's and National Guard's involvement
Question: "And flipping back in these scribe notes from November 20, 2016, the entry for 1833, I think it's actually the -- the first entry, it says, C. Gerhart updated of the situation. Do you see that entry?"
Kirchmeier: "I do."
Q "And would that be referring to Colonel Gerhart of the North Dakota Highway Patrol?"
A "Yes."
Q "He was part of the Unified Command with you and Major General Alan Dohrmann of the National Guard, right?"
A "That is correct."
Q "Did Colonel Gerhart have a specific role in the Unified Command or was he just, you know, another person giving his input on the best response to the situation?"
A "It was all part of the input. And obviously he -- he is the colonel of the North Dakota Highway Patrol so he has -- you know, the -- the patrol assets were -- were under his command."
A "Well, the highway patrol was, I guess, equipped for it because they have a -- a tactical team, a emergency response team, you know, a 25-member team that -- throughout the state that can get called and -- and they do train on -- not on protests, but on, I guess, civil disturbances, a -- a thing of that nature. So they -- normally they would do it a couple times a year."
Trump executive memorandum for Dakota Access Pipeline
ACLU statement about Trump executive order
STANDING ROCK INDIAN RESERVATION, N.D. — President Trump’s executive order yesterday has an impressive-sounding title: “Expediting Environmental Reviews and Approvals for High-Priority Infrastructure Projects.” What the title really should say, however, is: “How to Make Money for Big Oil Real Fast Despite the Human and Environmental Costs.”The executive order makes no reference to the Dakota Access Pipeline, the 1,100-mile pipeline being constructed to carry nearly 500 million gallons of fracked crude oil from North Dakota to Illinois each day. Yet expediting the construction of DAPL is the obvious goal of the executive order. In fact, Trump signed a presidential memorandum at the same time he signed the executive order, stating his belief that construction of the pipeline would “serve the national interest.”
In a case now before the federal court -- Marcus Mitchell, Dine' (Navajo) was shot in his eye by a shotgun fired by law enforcement at Standing Rock in the early hours of January 18, 2017, at Backwater Bridge. After he was shot, militarized law enforcement threw him on the ground and he felt like he was drowning in his own blood. After waking from surgery, he had to endure questioning by law enforcement in the hospital.
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