Indigenous Peoples and Human Rights

September 18, 2024

Standing Rock Case: Judge won't recuse himself over stance on Gaza and Columbia University Attorneys



Standing Rock water protectors at a Dakota Access Pipeline construction site. Photo Rob Wilson Photography

Standing Rock Case: Judge won't recuse himself over stance on Gaza and Columbia University Attorneys

By Brenda Norrell, Censored News, Sept. 18, 2024

BISMARCK, North Dakota -- A federal judge in North Dakota blasted criticisms at the pro-Palestine support at Columbia University, calling it an "incubator of bigotry." Now, attorneys at Columbia representing Standing Rock water protectors say the judge should recuse himself from a federal case, because he is unable to be fair. 

Federal Judge Daniel Traynor refused to do it.


The request to recuse himself from a lawsuit pursued by current and former Columbia Law School faculty concerns protests over the Dakota Access oil pipeline. Judge Traynor and 12 other judges said they would boycott hiring law clerks from the school.

U.S. District Judge Daniel Traynor in Bismarck and several other judges said they would not hire Columbia graduates as clerks, Reuters reports.

In a motion on Thursday, lawyers affiliated with Columbia Law School's Initiative for a Just Society argued that the boycott showed Judge Traynor could no longer impartially preside over a case they are pursuing concerning the closure of part of a highway during 2016-2017 protests over the Dakota Access oil pipeline.

Judge Traynor and the other judges used strong language to condemn support for Palestine, in the letter to Columbia's president and Dean of Law in New York.

The letter states:

"Columbia University has become ground zero for the explosion of student disruptions, anti-semitism, and hatred for diverse viewpoints on campuses across the Nation. Disruptors have threatened violence, committed assaults, and destroyed property. As judges who hire law clerks every year to serve in the federal judiciary, we have lost confidence in Columbia as an institution of higher education. Columbia has instead become an incubator of bigotry. As a result, Columbia has disqualified itself from educating the future leaders of our country."

"Considering recent events, and absent extraordinary change, we will not hire anyone who joins the Columbia University community—whether as undergraduates or law students— beginning with the entering class of 2024." Read full letter

Exaggerated and inaccurate media

It was the media's exaggerated and inaccurate portrayals of the support for Palestine at Columbia that resulted in an unfair backlash, according to the court document filed by Columbia's attorneys for Standing Rock water protectors.

"As at Standing Rock, media and other prominent portrayals were frequently exaggerated or inaccurate, leading to what have later been revealed to be distorted and often entirely incorrect public perceptions about the nature of these protests," states the court document.

The plaintiffs respectfully requested that Judge Traynor recuse himself due to his  publicly expressed hostility toward the Columbia University community and its law faculty, and his associated boycott of any student who affiliates themself with the Columbia University community starting in 2024, due to Columbia University’s purported attitude and actions toward individuals engaged in protest activities.

The ongoing federal court case, Thunderhawk v Morton County, was filed by Cissy Thunderhawk, Waste Win Young and others against Morton County Sheriff Kyle Kirchmeier, TigerSwan and others, regarding the actions taken against water protectors at Standing Rock.

North Dakota Courts have not held Morton County or TigerSwan accountable

While numerous lawsuits continue in state and federal courts in North Dakota -- Standing Rock water protectors who were critically injured have never been compensated for severe injuries sustained from rubber bullets, lead-filled bean bags and projectiles. A review of similar cases reveals that millions of dollars have been paid to the victims of excessive force by police during other protests across the country.

Further, TigerSwan mercenaries, hired by Energy Transfer, were working without a license. The courts upheld a decision to make 50,000 TigerSwan spy documents public -- but TigerSwan operatives have never been held accountable for their role in illegal surveillance or misinformation supplied to law enforcement which resulted in excessive force. TigerSwan's CEO created a new oil and gas company after Standing Rock. Syria accuses it of stealing their oil.

The Morton County Sheriff's Department has not been held accountable for orchestrating with the National Sheriff's Association to bring in sheriff's deputies from across the United States, and militarized armored vehicles and weapons used against peaceful protesters, including Native elders in ceremonies. Morton County has not been held accountable for caging Native elders in a metal fence in a basement, where they were denied access to medicines, with a number written on their arms in magic markers.

Why is Judge Traynor involved with Columbia's Gaza protest? 
Standing Rock Water Protectors want to know

The court document requesting Judge Traynor to recuse himself states:

"Although counsel Noah Smith-Drelich has not held a Columbia affiliation since 2020, counsel Bernard E. Harcourt has been, since the inception of this litigation, and is currently, in 2024, a full-time chaired tenured professor at Columbia Law School," the Columbia attorneys court document states.

The memorandum in support of plaintiffs' motion for recusal was filed by Smith-Drelich, counsel of record, and Amy Knight Bernard E. Harcourt Initiative for a Just Society Columbia Law School, on Sept. 12, 2024.

Reuters reports on the initial case:

The proposed class action was filed in 2018 by two members of the Standing Rock Sioux tribe and a priest in 2020 against various state officials; Morton County, where the tribe's reservation is located; and TigerSwan, a private security company for pipeline developer Energy Transfer Partners.

The lawsuit alleged that a five-month closure of a part of the highway during large-scale protests against the Dakota Access pipeline unduly restricted travel and violated the plaintiffs' free speech and religious rights.

The plaintiffs' pro bono lawyers include Noah Smith-Drelich, a former lecturer at Columbia now at Chicago-Kent College of Law, and Harcourt.

Traynor has presided over the case since 2020. While he dismissed claims against various state officials last year, the case remains pending against Morton County and TigerSwan, which deny wrongdoing.

The case is Thunderhawk v. County of Morton, North Dakota, et al, U.S. District Court for the District of North Dakota, No. 18-cv-00212.

For the plaintiffs: Noah Smith-Drelich of Chicago-Kent College of Law, Amy Knight of Phillips Black and Bernard Harcourt of Columbia Law School

For Morton County: Randall Bakke of Bakke Grinolds Wiederholt
For Tigerswan: Aubrey Zuger of Fredrikson & Byron

Read more:

May 6 (Reuters) - A group of 13 conservative U.S. federal judges said on Monday that they would not hire law students or undergraduates from Columbia University in response to its handling of pro-Palestinian demonstrations.

The judges, all appointees of former U.S. President Donald Trump, called the Manhattan campus an “incubator of bigotry” in a Monday letter, to Columbia President Minouche Shafik and Law Dean Gillian Lester.


Related:

Standing Rock Water Protector Aysenur Eygi, who grew up in Seattle, was assassinated by an Israeli sniper shot to her head in the West Bank, according to those who were with her.

Biden Genocide Case in U.S. Court
U.S. Appeals Court asked to reconsider ruling and hold President Biden and appointees responsible for aiding and abetting war crimes in Palestine

South Africa preparing to file war crime complicity case against U.S. and U.K. 



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