Indigenous Peoples and Human Rights

March 22, 2024

Secretive U.S. Marshals Team Wasn't Deployed to Standing Rock -- Was at Wounded Knee


U.S. government sharpshooters take aim at occupiers of Wounded Knee, 1973.

Secretive U.S. Marshals Team Wasn't Deployed to Standing Rock -- Was at Wounded Knee

By Brenda Norrell, Censored News, March 21, 2024
Updated 

The U.S. Marshals secretive Special Operations Group, was not deployed to Standing Rock during the resistance to the Dakota Access Pipeline, but it headed up the police response at Wounded Knee, firing repeatedly on those who occupied it.

The State of North Dakota pressed the U.S. Marshals Service to reveal why its Special Operations Group was not deployed to Standing Rock. The questioning came during the current federal court case, North Dakota v. United States of America. The state is seeking $38 million from the U.S., accusing federal agencies of failing to clear the camps and failing in their response.


U.S. Marshal for North Dakota Paul Ward testified that he requested that the Special Operations Group be deployed to Standing Rock, but the request was denied.

During his deposition, Marshal Ward confirmed that the decision not to bring in the Marshals resources came from "senior political leadership" above the Marshal's Service. (Apparently, a reference to President Obama or his appointees.)

Snipers Prepared at Standing Rock 2016 - There were snipers ready to fire from the air. --- "In mid-October 2016, as senior Energy Transfer personnel prepared to join state officials for a government archaeological survey to examine the pipeline route, three law enforcement 'snipers' agreed to be on standby with an air team, according to a memo by another security company, RGT, that was working under TigerSwan’s management." -- The Intercept. https://theintercept.com/2023/05/22/standing-rock-energy-transfer-tigerswan/ KRYR reports that Standing Rock Sioux Tribe members met with Dakota Access and the Morton County Sheriff's Department to walk the pipeline route and visit sites identified by former tribal historic preservation officer, Tim Mentz, Sr. Present were U.S. Corps of Engineers Omaha District Commander, Col. John Henderson; Standing Rock Sioux Tribal Chairman, David Archambault II; Standing Rock Sioux Tribe Historic Preservation Officer, John Eagle; Chief State Archeologist Paul Picha; along with members of the environmental team from Dakota Access Pipeline and Congressman Kevin Cramer and representatives from Senator John Hoeven and Senator Heidi Heitkamp's offices. Photo KRYR.

U.S. Marshal Chief Deputy Daniel Orr was pressed to reveal in his deposition why the U.S. Marshals did not deploy the Special Operations Group, SOG, to Standing Rock.

The SOG had been formed two years before the Occupation of Wounded Knee in 1973, and took the lead in the militarized response, which included tanks and snipers firing from helicopters on those inside Wounded Knee, according to the U.S. Marshals history.

However, in Standing Rock in 2016, U.S. Marshal Orr said it would have taken a federal court order, directive from the Attorney General, or initiation of the Stafford Act (disaster response) though President Obama's office to deploy the Marshals Special Operations Group.

Attorney Paul Kerlin, for the State of North Dakota, questioned Orr.

"Were you aware of their deployment with respect to the American Indian Movement in 1973 where some individuals had taken control of the Wounded Knee area of the Pine Ridge Sioux Reservation in South Dakota?"

"Yes, I'm aware of that," Orr said.

"And that the SOG group for U.S. Marshals responded to that incident?" Kerlin asked.

Orr said he was aware of it, through historical information.

U.S. government at Wounded Knee 1973


Although the SOG was not deployed at Standing Rock, the U.S. Marshals planned to bring in another 200 federal agents at the time the camps were cleared in February of 2017. Orr said this apparently did not happen.

However, later, as the trial of Red Fawn Fallis approached in Fargo, federal agents prepared for the trial in November of 2017, which included intelligence gathering and a buildup of federal agents. The trial was slated for January of 2018.

The trial was considered high profile, and protests were expected. The agency prepared for a potential riot.

The details of Red Fawn's were not public until The Intercept exposed the fact that the handgun Red Fawn was charged with actually belonged to the FBI's paid informant Heath Harmon, of Three Affiliated Tribes, who had become her lover in the camp. The handgun was in a jacket Red Fawn was wearing. A gunshot was heard on the protest frontlines and she was charged, and sentenced to nearly five years in prison.


A strange photo of U.S. Marshals seeking a photo opportunity with Chief Fools Crow during the Occupation of Wounded Knee in 1973.

U.S. Marshal Paul Ward testified that he sought to have deputy Marshals assist in the response at Standing Rock, but the request was denied, according to his deposition.

Marshal Ward also described a meeting with Standing Rock Chairman Dave Archambault in the fall of 2016.

Ward said, "One thing I recall about that specific meeting was chairman looking me square in the eye and telling me that whole thing was the marshal service's fault, which took me aback to some degree. He referred to back in the 1800s when the marshal service came and kicked the Native Americans off their land and put them on the reservation, which was a bit of an exaggeration, I think, or afar from what we were trying to address at the time."

Ward said he was not aware of the executive orders regarding Native American access to sacred sites on federal lands, or the order requiring consultation. He said he was not aware of where the boundary was for for the U.S. Army Corps of Engineers land.



During a protest at the Bismarck courthouse, Ward said law enforcement was outnumbered 50 to one, and if the crowd had wanted to, they could have taken over the building. But, he said the protest was "loud, but peaceful."

Ward said he was critical of the federal response, and protesters should have been removed "before it got out of hand."

                                                  Standing Rock 2016, U.S. sharpshooter

The militarized law enforcement at Standing Rock were brought in from throughout the United States by the National Sheriffs' Association. The president of the association lived in southern Louisiana and his community was in a position to gain from the Dakota Access Pipeline at the southern end of the route. Desmog blog documented the association's role in bringing in sheriffs' deputies, and its lobbying of Congress for militarized weapons and gear for deployment at Standing Rock.

Militarized law enforcement unconcerned with critical injuries of water protectors

There is a chilling similarity between the genocide in Palestine that the U.S. is supplying weapons for, and the militarized police response at Standing Rock.

In the testimony, FBI, BIA and law enforcement make it clear that they have no compassion, no concern, when women are bitten by attack dogs, or lay bleeding and critically injured after being shot with lead-filled bean bags.

That was the case when Marcus Mitchell, Dine' (Navajo) was shot while peacefully protesting the Dakota Access Pipeline. After being shot with a lead filled bean bag in the eye, he was brutally wrestled to the ground. In the hospital, he had to endure interrogation while recovering from surgery. Marcus eye was blown apart. In the current case of North Dakota suing the U.S. for the resistance to the pipeline, the state does not point out that North Dakota officers are named in another ongoing federal lawsuit. In the federal lawsuit filed by Marcus, the officers responsible are named. -- Censored News. Photo: Sharpshooter at Standing Rock 2016.

Marcus federal lawsuit names two of those who fired shotguns filled with bean bags that hit Marcus and put out his eye that day -- Morton County Sheriff Deputy George Piehl, and Bismarck Police Officer Tyler Welk, who is a SWAT team member. North Dakota Highway Patrol Sergeant Benjamin Kennelly was the commanding officer and could have intervened.

Named in the court document are Bismarck Police Officer Josh Brown, Bismarck Police Officer Lane Masters, Defendant Bismarck Police Officer Tyler Welk, Bismarck Police Officer Damian Girodat, Morton County Sheriff’s Deputy Cameron McClenahan, Defendant Morton County Sheriff’s Deputy George Piehl, North Dakota Highway Patrol Trooper Scott Guenthner, and Defendant North Dakota Highway Patrol Sergeant Benjamin Kennelly were all dispatched to the scene and issued 12 gauge shotguns that deployed drag stabilizing bean bag rounds that they were commanded to and did in fact fire at the water protectors.

References:

Marcus Mitchell: Holding the Cops Responsible, by Censored News

U.S. Marshal Orr responding when asked why the Special Operations Group was not deployed to Standing Rock. Deposition states:




Orr's testimony reveals details of the secret operations.

(QUESTION by MR. KERLIN) "Were you aware of their deployment with respect to the American Indian Movement in 1973 where some individuals had taken control of the Wounded Knee area of the Pine Ridge Sioux Reservation in South Dakota?"

A "Yes, I'm aware of that."

Q (BY MR. KERLIN) "And that the SOG group for U.S. Marshals responded to that incident?"

A. "Again, my knowledge comes from just articles and historical photos I've seen during my time in the Marshals Service."

Q (BY MR. KERLIN) "I'll fast-forward a couple of decades and get a little more recent.· Were you aware that the United States Marshals Service activated the SOG and deployed it to Los Angeles after the Rodney King verdict was announced and the riots commenced?"

A "Yes"

Q.· ·(BY MR. KERLIN)· Okay.· And that's the type of civil disobedience or -- excuse me, or civil disorder that SOG is trained to deal with, right?

A "Yes"

Q. "And you mentioned it earlier, but Marshal Ward made a specific request for deployment of the SOG group to help assist law enforcement regarding the DAPL protest, correct?"

A "Yes"

Q. "And yet that request was denied, right?"

A. "Yes"

Q. "Based on the fact sheet that we looked at, it seems like, whether it's the Attorney General directly or the Attorney General through the Marshals Service Director, they have the ability to then deploy SOG when needed, correct?"

A. "Yes"

Q.· ·(BY MR. KERLIN) "Okay.· And for whatever reason, either the Attorney General or the Marshals Service Director made the decision not to deploy the SOG to North Dakota to assist in law enforcement response to the DAPL protest, correct?"

A "Correct"

U.S. Marshals response to upcoming trial of Red Fawn 



Newly-formed U.S. Marshals Special Operations Group led Response
Source: "High Profile Cases of the U.S. Marshals Service," U.S. Marshals Museum
.

The U.S. Marshals Service states:
Special Operations Group

"Established in 1971, the United States Marshals Service (USMS) Special Operations Group (SOG) was formed as one of the first federal tactical units ...  
supporting the apprehension of violent offenders, terrorist trials, high-threat prisoner movements, witness security operations, national emergencies, civil disorder, protection of at-risk health facilities and personnel, large scale seizures, actions against anti-government and militia groups, international stability and reconstruction efforts, and other missions as ordered by the U.S. Attorney General ... located in Pineville, Louisiana. A full-time cadre of Special Operations Group personnel are assigned to SOGTC, as well as Springfield, Virginia."

Read more:

New Series at Censored News!

New! FBI had 10 informants at Standing Rock, testimony of FBI agent Jacob O'Connell, Censored News

New! FBI Agent reveals informants reported rumors and third-hand information on water protectors at Standing Rock, deposition in North Dakota v. U.S.

Read more:
New! FBI had 10 informants in Standing Rock camp. FBI supervisor at Standing Rock reveals daily operations of the FBI in water protectors camps.

New! BIA top cop can't dodge questions in court deposition: 
BIA head of law enforcement in Washington reveals BIA's role at Standing Rock during water protectors resistance, by Censored News
New! FBI Special Agent reveals informants reported rumors and third-hand information on water protectors at Standing Rock, deposition in North Dakota v. U.S.

New! U.S. Marshals requested its secretive Special Operations Group be deployed to Standing Rock camps, but the request was denied. SOG led the attacks at Wounded Knee with tanks and snipers firing from helicopters. 

New! The Kirchmeier File at Standing Rock: The 'Perfect Storm' was the perfect human rights disaster. Morton County Sheriff's first deposition in current case.
New! Morton County Sheriff reported bogus crimes, that there was no evidence of, to President Elect Trump, urging him to shut down the camps. After taking office, federal agents and law enforcement violently raided and cleared the camps. Morton County Sheriff's second deposition in current case.

The Intercept -- FBI informant Heath Harmon, Three Affiliated Tribes, owned the gun at the center of FBI case: It resulted in a nearly five year prison sentence for Red Fawn Fallis, Lakota:

The Guardian -- Wilansky may lose her arm 

Marcus Mitchell Dine' (Navajo) Shot in the Eye, Interrogated in Hospital

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.


Article copyright Brenda Norrell, Censored News, content may not be used without written permission.


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