1
00:00:00,080 --> 00:00:02,679
Speaker 1: By the final day of testimony in the Energy Transfer

2
00:00:02,759 --> 00:00:06,520
Speaker 1: versus Greenpeace trial, it's March thirteenth, and an early spring

3
00:00:06,519 --> 00:00:10,400
Speaker 1: has melted the snow. Kelsey Warren is called as a witness.

4
00:00:10,800 --> 00:00:14,440
Speaker 1: He's Energy Transfer's board chair and largest shareholder, and he

5
00:00:14,560 --> 00:00:17,440
Speaker 1: was CEO when the Dakota Access pipeline was being built.

6
00:00:18,840 --> 00:00:21,400
Speaker 1: Energy Transfer has spent a whole lot of time trying

7
00:00:21,440 --> 00:00:24,720
Speaker 1: to keep Kelsey Warren's testimony out of the courtroom. Their

8
00:00:24,800 --> 00:00:27,440
Speaker 1: lawyers tried to claim that Kelsey didn't have any useful

9
00:00:27,480 --> 00:00:33,160
Speaker 1: information about his own company's famously controversial pipeline. In interviews,

10
00:00:33,320 --> 00:00:35,800
Speaker 1: Kelsey's made it clear that he has strong feelings about

11
00:00:35,800 --> 00:00:39,360
Speaker 1: the standing Rock movement. Here he is on CNBC right

12
00:00:39,400 --> 00:00:42,720
Speaker 1: after the original Greenpeace lawsuit was filed in twenty seventeen.

13
00:00:46,240 --> 00:00:50,080
Speaker 2: What happened to us was tragic coming that lies were

14
00:00:50,120 --> 00:00:52,800
Speaker 2: being told. Tens of millions of dollars were being raised

15
00:00:52,800 --> 00:00:55,480
Speaker 2: by Greenpeace and others based on these lies.

16
00:00:56,160 --> 00:00:59,480
Speaker 1: Kelsey's a pretty sensitive guy. In addition to his island

17
00:00:59,520 --> 00:01:03,280
Speaker 1: and hunter and his collection of exotic animals, he also

18
00:01:03,320 --> 00:01:05,959
Speaker 1: owns a record label and rates his own tender songs

19
00:01:05,959 --> 00:01:10,560
Speaker 1: on the guitar. Jackson Brown is his idol. Kelsey has

20
00:01:10,600 --> 00:01:13,600
Speaker 1: a reputation for using the legal system to lash out

21
00:01:13,640 --> 00:01:17,160
Speaker 1: when he feels his company is unfairly being attacked, which

22
00:01:17,200 --> 00:01:19,400
Speaker 1: is exactly what he thought was happening with the Standing

23
00:01:19,440 --> 00:01:23,360
Speaker 1: Rock movement. It couldn't have helped that his hero, Jackson Brown,

24
00:01:23,560 --> 00:01:28,120
Speaker 1: publicly denounced Kelsey's company's pipeline. Jackson even gave a benefit

25
00:01:28,160 --> 00:01:30,160
Speaker 1: concert in honor of the water protectors.

26
00:01:30,800 --> 00:01:35,119
Speaker 2: We got to do something. Everybody's afraid of these environmental

27
00:01:35,120 --> 00:01:37,560
Speaker 2: groups and the fear that it may look wrong if

28
00:01:37,600 --> 00:01:39,800
Speaker 2: you fight back with these people. But what they did

29
00:01:39,840 --> 00:01:41,679
Speaker 2: to us is wrong and they're going to pay for.

30
00:01:44,160 --> 00:01:47,440
Speaker 1: At the Morton County Courthouse, Kelsey's face appears on the

31
00:01:47,440 --> 00:01:51,240
Speaker 1: flat screen TVs around the courtroom. It's a pre recorded

32
00:01:51,320 --> 00:01:54,280
Speaker 1: video deposition. He has a shock of white hair and

33
00:01:54,320 --> 00:01:58,840
Speaker 1: his eyebrows are furrowed like he's concerned. The lawyer goes

34
00:01:58,840 --> 00:02:02,800
Speaker 1: over how Donald Trump's executive order in twenty seventeen told

35
00:02:02,840 --> 00:02:06,360
Speaker 1: the Army Corps to approve the Dakota Access pipeline's easement,

36
00:02:07,080 --> 00:02:10,959
Speaker 1: and about midway through his testimony, Kelsey drops his first surprise.

37
00:02:12,360 --> 00:02:15,440
Speaker 1: That executive order that allowed energy transfer to start drilling.

38
00:02:16,120 --> 00:02:21,440
Speaker 1: Energy Transfer actually drafted it. Energy Transfers lawyers turned back

39
00:02:21,480 --> 00:02:24,600
Speaker 1: to the question at the heart of the case. Do

40
00:02:24,720 --> 00:02:28,800
Speaker 1: you have any personal knowledge about anything Greenpeace did at

41
00:02:28,840 --> 00:02:32,160
Speaker 1: all in relation to the protests, a lawyer asks from

42
00:02:32,160 --> 00:02:37,600
Speaker 1: off camera. No, Kelsey replies, But then the lawyer asks

43
00:02:37,600 --> 00:02:41,959
Speaker 1: about a different nonprofit called Earth Justice. It's the public

44
00:02:42,080 --> 00:02:46,080
Speaker 1: interest law organization that represented the Standing Rock tribe in

45
00:02:46,120 --> 00:02:49,120
Speaker 1: the early days of its legal fight to stop the pipeline.

46
00:02:50,440 --> 00:02:54,080
Speaker 1: At the name Earth Justice, Kelsey perks up, and I

47
00:02:54,120 --> 00:02:56,840
Speaker 1: can start to see why Energy Transfer might not have

48
00:02:56,919 --> 00:03:02,880
Speaker 1: wanted him to testify. Scumbags, Kelsey says of Earth Justice.

49
00:03:03,760 --> 00:03:08,120
Speaker 1: To be clear, Earth Justice is not Green Peace. It's

50
00:03:08,160 --> 00:03:12,720
Speaker 1: not the organization this suit is against. Why do you

51
00:03:12,760 --> 00:03:17,239
Speaker 1: say that, sir? The lawyer replies. By way of explanation,

52
00:03:17,520 --> 00:03:20,440
Speaker 1: Kelsey begins to describe a meeting he had in December

53
00:03:20,480 --> 00:03:24,280
Speaker 1: twenty sixteen with the Standing Rock Siue chairman, Dave oar Shambo.

54
00:03:26,240 --> 00:03:28,080
Speaker 1: I went there with the intention of working out a

55
00:03:28,120 --> 00:03:32,680
Speaker 1: financial transaction with the chairman, he says. Kelsey starts talking

56
00:03:32,720 --> 00:03:34,600
Speaker 1: about how he tried to make a deal with the

57
00:03:34,600 --> 00:03:38,120
Speaker 1: Standing Rock Sioux chairman to end the protests. As if

58
00:03:38,160 --> 00:03:42,360
Speaker 1: the tribe, not Green Peace, was the one leading the protests.

59
00:03:43,000 --> 00:03:46,120
Speaker 1: Kelsey goes on, I said, Dave, I'm here to make

60
00:03:46,160 --> 00:03:48,560
Speaker 1: a deal with you. Do you want cash? What do

61
00:03:48,600 --> 00:03:51,200
Speaker 1: you want? I said, we own this land up there.

62
00:03:51,760 --> 00:03:54,080
Speaker 1: Kelsey says he offered the chairman the ranch that the

63
00:03:54,080 --> 00:03:57,440
Speaker 1: pipeline company bought, the one that held the sacred sites

64
00:03:57,440 --> 00:04:00,360
Speaker 1: and the drill pad. We could build you a whole

65
00:04:00,360 --> 00:04:04,160
Speaker 1: new school on your reservation. Let's make a deal. He says.

66
00:04:05,240 --> 00:04:08,000
Speaker 1: He made it very clear. Kelsey says of the chairman

67
00:04:08,360 --> 00:04:10,880
Speaker 1: that he could not accept any offer for me that

68
00:04:10,920 --> 00:04:15,520
Speaker 1: involved them backing down again. Kelsey is applying that it

69
00:04:15,560 --> 00:04:19,240
Speaker 1: was the Standing Rocks Sioux tribe, not Green Peace, that

70
00:04:19,400 --> 00:04:22,440
Speaker 1: had the power to end the uprising, and he has

71
00:04:22,480 --> 00:04:27,560
Speaker 1: a surprising theory about why Chairman Davar Shambo refused. It

72
00:04:27,640 --> 00:04:29,800
Speaker 1: was clear to me that he had struck a deal

73
00:04:29,839 --> 00:04:33,640
Speaker 1: with the devil, Kelsey says, and the devil being Earth Justice.

74
00:04:33,800 --> 00:04:40,680
Speaker 1: The lawyer replies, yes. Kelsey. Warren apparently believes that the

75
00:04:40,680 --> 00:04:44,400
Speaker 1: thing that stopped Standing Rocks Chairman Davar Shambo from accepting

76
00:04:44,480 --> 00:04:49,039
Speaker 1: energy transfers deal must have been another competing deal with

77
00:04:49,279 --> 00:04:53,400
Speaker 1: Earth Justice. I read between the lines, and I believe

78
00:04:53,480 --> 00:04:56,080
Speaker 1: that they made a deal and our shambo couldn't make

79
00:04:56,120 --> 00:04:59,400
Speaker 1: a deal with me. He says. I asked Dave oar

80
00:04:59,400 --> 00:05:02,200
Speaker 1: Shambo about this. He told me he did mean to

81
00:05:02,240 --> 00:05:05,000
Speaker 1: discuss safety with Kelsey Warren, but he said he was

82
00:05:05,080 --> 00:05:09,800
Speaker 1: not there to negotiate ending the protests. Back in court,

83
00:05:09,880 --> 00:05:13,480
Speaker 1: the lawyer asks, nothing was said about Greenpeace during that meeting?

84
00:05:13,680 --> 00:05:19,360
Speaker 1: Was it not that I recall? Kelsey replies, we're at

85
00:05:19,360 --> 00:05:23,240
Speaker 1: the finale of the trial. An Energy Transfer's board chair

86
00:05:23,360 --> 00:05:26,120
Speaker 1: has just given us a whole new theory of the

87
00:05:26,200 --> 00:05:34,840
Speaker 1: case which completely contradicts his company's lawsuit. After three and

88
00:05:34,880 --> 00:05:37,680
Speaker 1: a half weeks of testimony and months of my own reporting,

89
00:05:38,320 --> 00:05:42,719
Speaker 1: this case is full of holes. To summarize, we've seen

90
00:05:42,760 --> 00:05:46,640
Speaker 1: that Greenpeace donations in fundraising at Standing Rock only amounted

91
00:05:46,680 --> 00:05:50,240
Speaker 1: to a small fraction of the millions in donations that

92
00:05:50,400 --> 00:05:53,960
Speaker 1: poured into the movement from around the world. Only six

93
00:05:54,040 --> 00:05:58,039
Speaker 1: employees from Greenpeace Inc. Visited Standing Rock out of well

94
00:05:58,080 --> 00:06:01,760
Speaker 1: over ten thousand people who show, and no one from

95
00:06:01,839 --> 00:06:06,080
Speaker 1: Greenpeace International or green Peace Fund ever went the whole

96
00:06:06,120 --> 00:06:08,640
Speaker 1: time this was all going on. The Standing Rock Sioux

97
00:06:08,720 --> 00:06:12,320
Speaker 1: Tribe and other indigenous nations were very publicly fighting the

98
00:06:12,360 --> 00:06:16,440
Speaker 1: pipeline in court. The pipeline company had no ability to

99
00:06:16,520 --> 00:06:19,360
Speaker 1: drill under the river during the protests because they had

100
00:06:19,400 --> 00:06:22,200
Speaker 1: no permission from the US Army Corps of Engineers to

101
00:06:22,320 --> 00:06:28,159
Speaker 1: do that. Meanwhile, Greenpeace's allegedly defamatory statements, including that police

102
00:06:28,240 --> 00:06:32,640
Speaker 1: used violence against nonviolent demonstrators, that the pipeline passes through

103
00:06:32,640 --> 00:06:37,679
Speaker 1: tribal land, and that Energy Transfer deliberately desecrated sacred sites,

104
00:06:38,160 --> 00:06:41,080
Speaker 1: are assertions that the Standing Rock Sioux Tribe and many

105
00:06:41,200 --> 00:06:46,919
Speaker 1: others stand by to this day. Now today, on the

106
00:06:47,040 --> 00:06:51,320
Speaker 1: last day of testimony, Energy Transfer's own board chair has

107
00:06:51,360 --> 00:06:54,600
Speaker 1: a whole nother story of the movement. But will this

108
00:06:54,720 --> 00:07:03,479
Speaker 1: even matter to the jurors? This season of Drilled, we

109
00:07:03,560 --> 00:07:06,920
Speaker 1: bring you slapped the story of an indigenous nation fighting

110
00:07:06,960 --> 00:07:11,320
Speaker 1: for its water, an environmental nonprofit facing extinction, and an

111
00:07:11,440 --> 00:07:15,880
Speaker 1: energy giant using the courts to punish protesters. I'm Alan Brown.

112
00:07:26,120 --> 00:07:30,240
Speaker 1: The Monday after Kelsey Warren's testimony, Energy Transfers lawyer Trey

113
00:07:30,280 --> 00:07:33,360
Speaker 1: Cox steps in front of the jury for his closing statement.

114
00:07:35,480 --> 00:07:40,040
Speaker 1: Trey tells the jurors that Greenpeace employees are master manipulators,

115
00:07:40,520 --> 00:07:44,480
Speaker 1: and deceptive to the core volume on the courtroom drama

116
00:07:44,680 --> 00:07:49,320
Speaker 1: has been turned way up. Think about the mafia, He suggests,

117
00:07:49,960 --> 00:07:52,440
Speaker 1: I got to see a guy about a thing. Did

118
00:07:52,480 --> 00:07:56,680
Speaker 1: you get the package? Sleeps with the fishes? These are

119
00:07:56,720 --> 00:07:59,680
Speaker 1: the type of words that people in conspiracies use as

120
00:08:00,280 --> 00:08:04,760
Speaker 1: words to communicate other things. He says that Green Piece

121
00:08:04,800 --> 00:08:15,600
Speaker 1: relies on similar code words to trick people, like campfire, nonviolent, art, tent, solidarity, out, solidarity,

122
00:08:15,800 --> 00:08:19,640
Speaker 1: and indigenous leadership. These are some of the most deceptive

123
00:08:19,680 --> 00:08:22,560
Speaker 1: words that they use. And when they stand up here

124
00:08:22,680 --> 00:08:25,400
Speaker 1: and they try to use those words, I want you

125
00:08:25,440 --> 00:08:30,480
Speaker 1: to call them out as code words. Tray starts to

126
00:08:30,480 --> 00:08:33,840
Speaker 1: get into the damages what Energy Transfer wants Greenpeace to

127
00:08:33,880 --> 00:08:37,600
Speaker 1: pay them, and he reveals that Energy Transfer isn't just

128
00:08:37,760 --> 00:08:40,480
Speaker 1: looking for the over two hundred and sixty six million

129
00:08:40,600 --> 00:08:43,800
Speaker 1: dollars the company claims they spent on countering the protests.

130
00:08:44,440 --> 00:08:49,760
Speaker 1: They want triple that total, including massive exemplary damages, extra

131
00:08:49,840 --> 00:08:52,199
Speaker 1: money meant to make an example out of green Pieace.

132
00:08:53,400 --> 00:08:56,320
Speaker 1: He tells the jury that ruling an Energy Transfer's favor

133
00:08:56,600 --> 00:09:00,480
Speaker 1: is about more than just this case. It needs to

134
00:09:00,520 --> 00:09:03,880
Speaker 1: be done for Morton County. It needs to be done

135
00:09:03,960 --> 00:09:08,520
Speaker 1: for Morton County's law enforcement, and more importantly, it needs

136
00:09:08,520 --> 00:09:12,120
Speaker 1: to be done for the next community where Greenpeace exploits

137
00:09:12,160 --> 00:09:16,520
Speaker 1: an opportunity to push its agenda at any cost. And

138
00:09:16,640 --> 00:09:19,360
Speaker 1: I don't know whether that's going to be in Louisiana

139
00:09:19,520 --> 00:09:24,280
Speaker 1: or Texas, or Oklahoma or Ohio, but you have the

140
00:09:24,280 --> 00:09:29,960
Speaker 1: responsibility of protecting those others. The Greenpeace organizations present their

141
00:09:30,000 --> 00:09:34,600
Speaker 1: closing statements, a detailed outline of all the inconsistencies and

142
00:09:34,720 --> 00:09:39,240
Speaker 1: holes in energy transfers lawsuit, and Judge gian sends the

143
00:09:39,320 --> 00:09:43,880
Speaker 1: jury to begin their deliberations. And now all there has

144
00:09:43,920 --> 00:09:46,160
Speaker 1: to do is wait. A decision could come in a

145
00:09:46,240 --> 00:09:50,000
Speaker 1: few hours or even a few weeks. Even at this

146
00:09:50,120 --> 00:09:52,560
Speaker 1: point I was not really sure what was going to happen,

147
00:09:53,040 --> 00:09:54,880
Speaker 1: but I figured the best way to get a sense

148
00:09:54,920 --> 00:09:57,160
Speaker 1: of how this might go was to talk to some

149
00:09:57,200 --> 00:10:00,400
Speaker 1: people who are from here. After all, this piece was

150
00:10:00,400 --> 00:10:08,000
Speaker 1: in the hands of Morton County community members. As I

151
00:10:08,040 --> 00:10:10,720
Speaker 1: was driving into Mandan a while back, I had noticed

152
00:10:10,760 --> 00:10:16,040
Speaker 1: a digital sign advertising community Events Testicle Festival at the

153
00:10:16,080 --> 00:10:19,480
Speaker 1: Moose Lodge. It flashed in Neon Red I knew what

154
00:10:19,559 --> 00:10:20,280
Speaker 1: I had to do.

155
00:10:22,040 --> 00:10:25,960
Speaker 3: These are rocky mountain oys juices. Do I need to

156
00:10:25,960 --> 00:10:30,319
Speaker 3: tell who Jim what they're actually made out of? Well, okay,

157
00:10:30,360 --> 00:10:35,160
Speaker 3: well mature bulls, you know, hoof with Danngus whatever you

158
00:10:35,200 --> 00:10:36,960
Speaker 3: want to call it a new big nuts.

159
00:10:37,400 --> 00:10:40,720
Speaker 1: He just made the shape like bigger than his head.

160
00:10:41,720 --> 00:10:44,839
Speaker 3: Well not quite that big, but anyways, Dennis slice them

161
00:10:45,080 --> 00:10:45,560
Speaker 3: and a little.

162
00:10:46,160 --> 00:10:46,920
Speaker 4: That's a lot of.

163
00:10:49,120 --> 00:10:52,200
Speaker 1: Man. Dan's Moose Lodge is packed. The space is half

164
00:10:52,240 --> 00:10:55,320
Speaker 1: dive bar, half events hall, and tonight there's a line

165
00:10:55,320 --> 00:10:58,920
Speaker 1: of people waiting to order Bisenbergers and Rocky Mountain oysters.

166
00:10:59,600 --> 00:11:01,520
Speaker 1: A bunch of tables and chairs are set up for

167
00:11:01,559 --> 00:11:04,680
Speaker 1: people to eat. Dale, who doesn't want to use his

168
00:11:04,760 --> 00:11:09,040
Speaker 1: last name, is a retired rancher. Alongside oil and gas, cattle,

169
00:11:09,120 --> 00:11:12,440
Speaker 1: ranching is one of Morton County's biggest industries, and the

170
00:11:12,480 --> 00:11:15,840
Speaker 1: Testicle Festival takes place every year during calving season.

171
00:11:16,920 --> 00:11:24,440
Speaker 4: I mean it's not terrible. It tastes like a fried thing,

172
00:11:24,880 --> 00:11:25,160
Speaker 4: you know.

173
00:11:25,720 --> 00:11:27,680
Speaker 1: I want to know what people here thought about the

174
00:11:27,720 --> 00:11:31,480
Speaker 1: protests against the Dakota Access pipeline. So I'm working my

175
00:11:31,520 --> 00:11:34,680
Speaker 1: way around the room. I start chatting with Helena Reel

176
00:11:34,760 --> 00:11:37,880
Speaker 1: and Betty Thompson. Both of them grew up on farms.

177
00:11:38,360 --> 00:11:40,720
Speaker 1: I got my first bite of a Rocky Mountain oyster.

178
00:11:42,080 --> 00:11:44,840
Speaker 5: I'm lucky you and you're from where I'm from the

179
00:11:44,840 --> 00:11:45,360
Speaker 5: Twin Cities.

180
00:11:45,400 --> 00:11:47,679
Speaker 1: Originally I grew up in Saint Paul and now I'm

181
00:11:47,760 --> 00:11:51,000
Speaker 1: based in Brooklyn. I asked her about Mandan, North Dakota.

182
00:11:52,040 --> 00:11:56,199
Speaker 4: Man, it's good man. It's a small community that sticks

183
00:11:56,280 --> 00:11:59,120
Speaker 4: up for its fellow Man. I mean, that's what we do.

184
00:12:00,000 --> 00:12:02,360
Speaker 1: What is it like when those protests were going on

185
00:12:02,840 --> 00:12:07,000
Speaker 1: for this community.

186
00:12:06,080 --> 00:12:09,720
Speaker 4: We didn't like it, No, plain and simple, we didn't

187
00:12:09,800 --> 00:12:15,840
Speaker 4: like it. That's all the protesting. And then then they

188
00:12:16,080 --> 00:12:18,719
Speaker 4: closed the roads. You couldn't go anywhere. Then they come

189
00:12:18,760 --> 00:12:22,040
Speaker 4: to Manden, they're marching down main street with dead pigs. Really,

190
00:12:22,800 --> 00:12:23,400
Speaker 4: who does that?

191
00:12:24,640 --> 00:12:27,920
Speaker 1: Wondering what Betty and Helena think about Greenpeace's argument that

192
00:12:28,000 --> 00:12:31,080
Speaker 1: people from here are too biased to be neutral jurors.

193
00:12:31,640 --> 00:12:33,320
Speaker 1: Part of the reason I want to talk to people

194
00:12:33,760 --> 00:12:35,839
Speaker 1: in Mandan is because one of the things they're trying

195
00:12:35,880 --> 00:12:39,200
Speaker 1: to argue is that the trial should not be held

196
00:12:39,240 --> 00:12:42,800
Speaker 1: here because there's it would be impossible to find someone

197
00:12:42,800 --> 00:12:45,160
Speaker 1: who's totally unbiased on the subject.

198
00:12:46,840 --> 00:12:50,280
Speaker 4: Yeah, I agree, agree, Lena.

199
00:12:50,040 --> 00:12:52,880
Speaker 1: Says, there's another guy I should talk to. She introduces

200
00:12:52,880 --> 00:12:55,560
Speaker 1: me to a rancher named Jim, who also doesn't want

201
00:12:55,600 --> 00:12:58,560
Speaker 1: to use his last name. His family has a ranch

202
00:12:58,880 --> 00:13:01,600
Speaker 1: not far from where the anti pipeline camps were located,

203
00:13:02,080 --> 00:13:04,400
Speaker 1: and he says he and his neighbors felt unsafe.

204
00:13:04,679 --> 00:13:08,800
Speaker 6: I was repeatedly threatened, chased up and down the highway.

205
00:13:08,920 --> 00:13:11,240
Speaker 6: They'd follow me from our rams thirty miles south all

206
00:13:11,240 --> 00:13:13,000
Speaker 6: the way to town, follow me around town until I

207
00:13:13,000 --> 00:13:15,920
Speaker 6: would stop to confronting. Then they'd take off. The I

208
00:13:15,960 --> 00:13:19,240
Speaker 6: was spied on, threatened. In the middle of the night,

209
00:13:19,280 --> 00:13:21,280
Speaker 6: they'd be in our yard. I'd catch him. I mean.

210
00:13:21,400 --> 00:13:24,320
Speaker 1: Jim says he's convinced that what he experienced didn't come

211
00:13:24,360 --> 00:13:25,760
Speaker 1: from people from the standing rocks.

212
00:13:25,800 --> 00:13:28,960
Speaker 6: You tried and they say it was outside or string

213
00:13:29,000 --> 00:13:32,319
Speaker 6: things up. That was our view of it, because there

214
00:13:32,360 --> 00:13:35,320
Speaker 6: was never We never had issues with anybody that we

215
00:13:35,400 --> 00:13:38,840
Speaker 6: knew locally. When you had issues and when I got

216
00:13:38,920 --> 00:13:41,600
Speaker 6: you know, you'd catch people in my yard sneaking in there.

217
00:13:42,360 --> 00:13:44,679
Speaker 6: It was always people from where are you from? Oh,

218
00:13:44,720 --> 00:13:47,320
Speaker 6: I come up from Nebraska or I you know. It

219
00:13:47,400 --> 00:13:48,960
Speaker 6: was never local people.

220
00:13:49,200 --> 00:13:52,559
Speaker 1: Right Dale is listening in he shares who he thinks

221
00:13:52,600 --> 00:13:53,960
Speaker 1: those outsiders were.

222
00:13:55,040 --> 00:13:58,080
Speaker 3: Greenpeace was behind it. You know, they always take that

223
00:13:58,160 --> 00:14:03,360
Speaker 3: anonymous thing, you know across the world, right, Jim, they

224
00:14:03,360 --> 00:14:05,599
Speaker 3: take that honest. They always stand in the backgrounds and

225
00:14:05,640 --> 00:14:08,280
Speaker 3: they agitate, is what they do.

226
00:14:09,720 --> 00:14:12,480
Speaker 1: What I mean, what makes you think that? What did

227
00:14:12,480 --> 00:14:13,520
Speaker 1: you hear about them?

228
00:14:14,520 --> 00:14:18,360
Speaker 3: Well, because their name came up many times during the protests, Greenpeace,

229
00:14:18,400 --> 00:14:19,080
Speaker 3: Did it came up?

230
00:14:19,520 --> 00:14:19,640
Speaker 4: Right?

231
00:14:19,880 --> 00:14:20,040
Speaker 7: Oh?

232
00:14:20,120 --> 00:14:22,600
Speaker 3: Yeah, yeah, that's why I believe they were behind it.

233
00:14:23,000 --> 00:14:24,840
Speaker 3: But they were behind a lot of protests.

234
00:14:25,120 --> 00:14:26,920
Speaker 1: I asked Dale and his friend what they think of

235
00:14:26,960 --> 00:14:30,520
Speaker 1: the damage. Claims we're trying to get green Peace to

236
00:14:30,520 --> 00:14:32,320
Speaker 1: pay for everything, and they should.

237
00:14:33,200 --> 00:14:35,840
Speaker 6: I'm the point where they broke They had no business here.

238
00:14:36,200 --> 00:14:40,320
Speaker 1: No people I'm talking to are convinced that outsiders drove

239
00:14:40,360 --> 00:14:44,320
Speaker 1: these protests. But it's also clear that what happened continues

240
00:14:44,360 --> 00:14:48,360
Speaker 1: to impact relationships among people who are from here. For example,

241
00:14:48,480 --> 00:14:51,040
Speaker 1: Dale says he doesn't go to Standing Rocks Prairie Night's

242
00:14:51,080 --> 00:14:55,800
Speaker 1: Casino anymore. That tension is still there eight years later,

243
00:14:56,360 --> 00:14:59,920
Speaker 1: especially between white and Native people. According to Dale.

244
00:15:00,000 --> 00:15:01,720
Speaker 3: He's just right under the surface right now.

245
00:15:01,800 --> 00:15:05,880
Speaker 1: You know, our conversation meanders and we start talking about

246
00:15:05,920 --> 00:15:09,320
Speaker 1: what Morton County is like. I asked Dale about the

247
00:15:09,360 --> 00:15:11,880
Speaker 1: oil boom that began in the mid two thousands.

248
00:15:12,240 --> 00:15:16,440
Speaker 3: When the boom happened, Oh yeah, oh man, it was crazy.

249
00:15:17,160 --> 00:15:19,840
Speaker 3: I mean they came from all over. I mean I'd

250
00:15:19,880 --> 00:15:25,120
Speaker 3: never seen hooko's walking on the street before. Yes, absolutely,

251
00:15:26,040 --> 00:15:28,440
Speaker 3: it was crazy. I couldn't believe. It gives me goosebump

252
00:15:28,560 --> 00:15:30,680
Speaker 3: just talking about it right now. The crime weight just

253
00:15:30,720 --> 00:15:34,080
Speaker 3: went straight up. Yes, I mean, it brought in the

254
00:15:34,160 --> 00:15:36,960
Speaker 3: riff raft, is what it did. All the towns were affected.

255
00:15:37,720 --> 00:15:41,440
Speaker 3: Meth labs were popping up all over the place. Yes, yeah,

256
00:15:41,680 --> 00:15:45,240
Speaker 3: oh yeah. The drugs were just crazy.

257
00:15:44,880 --> 00:15:47,600
Speaker 1: Dale says. Law enforcement eventually got a handle on it

258
00:15:47,760 --> 00:15:50,360
Speaker 1: and things calmed down. I asked if there was good

259
00:15:50,400 --> 00:15:51,680
Speaker 1: things that came out of the boom.

260
00:15:51,840 --> 00:15:54,000
Speaker 3: Oh yeah, the money, you know, the money. It's always

261
00:15:54,040 --> 00:15:54,880
Speaker 3: about the money, you know.

262
00:15:56,320 --> 00:15:57,080
Speaker 6: Oh yeah.

263
00:15:57,760 --> 00:16:00,640
Speaker 3: Now all the cities get money, like Multon counties. I

264
00:16:00,680 --> 00:16:02,640
Speaker 3: think you will impacted by the oil, so they get

265
00:16:02,680 --> 00:16:03,320
Speaker 3: money out of that.

266
00:16:03,760 --> 00:16:06,680
Speaker 1: Dale's story about the boom makes me think during the

267
00:16:06,680 --> 00:16:10,240
Speaker 1: Standing Rock Movement, a camp of ten thousand people popped

268
00:16:10,280 --> 00:16:13,040
Speaker 1: up suddenly in the middle of the prairie. It was

269
00:16:13,080 --> 00:16:15,680
Speaker 1: a different kind of boom town, and it kind of

270
00:16:15,720 --> 00:16:18,280
Speaker 1: makes sense that that would result in some chaos for

271
00:16:18,320 --> 00:16:21,760
Speaker 1: the existing community. And at the end of this boom,

272
00:16:21,880 --> 00:16:24,560
Speaker 1: the people of Morton County didn't get rewarded with the

273
00:16:24,640 --> 00:16:27,120
Speaker 1: kind of money that came with the oil boom. It's

274
00:16:27,160 --> 00:16:29,800
Speaker 1: making more and more sense to me why people from

275
00:16:29,880 --> 00:16:34,320
Speaker 1: here feel so negatively towards the Standing Rock movement. But

276
00:16:34,360 --> 00:16:37,600
Speaker 1: I am fully aware that the testicle festival folks aren't

277
00:16:37,640 --> 00:16:40,440
Speaker 1: the only ones with a perspective on both the oil

278
00:16:40,480 --> 00:16:43,880
Speaker 1: boom and protests. So I meet up with another local

279
00:16:44,000 --> 00:16:47,600
Speaker 1: outside the courthouse. Candy moss at White works for the

280
00:16:47,640 --> 00:16:51,600
Speaker 1: Indigenous Environmental Network. Her boss is that guy Tom Goldtooth

281
00:16:51,680 --> 00:16:54,520
Speaker 1: who was talking to Green Peace about the settlement. You

282
00:16:54,600 --> 00:16:57,400
Speaker 1: spent months at the anti pipeline camps and she sat

283
00:16:57,480 --> 00:17:01,960
Speaker 1: in on some of the trial. I'm just curious how

284
00:17:02,000 --> 00:17:04,240
Speaker 1: long you've lived here and what this place is like.

285
00:17:05,080 --> 00:17:07,560
Speaker 8: So, first of all, I was born and raised in

286
00:17:07,600 --> 00:17:08,440
Speaker 8: North Dakota.

287
00:17:08,960 --> 00:17:11,200
Speaker 1: Candy is a member of the Mandan, Hidatsa and a

288
00:17:11,240 --> 00:17:15,399
Speaker 1: Ricara tribe. Specifically, she's a Mandan, part of the indigenous

289
00:17:15,480 --> 00:17:18,640
Speaker 1: nation that this town was named after. Now she lives

290
00:17:18,680 --> 00:17:21,320
Speaker 1: in Bismarck, but she grew up on the Fort Bertold

291
00:17:21,359 --> 00:17:23,120
Speaker 1: Reservation northwest of here.

292
00:17:23,840 --> 00:17:25,320
Speaker 8: Well, that's in the heart of the backan where the

293
00:17:25,359 --> 00:17:27,800
Speaker 8: oil is coming from that flows through the pipeline.

294
00:17:28,200 --> 00:17:30,359
Speaker 1: She has another view of what an oil boom can do.

295
00:17:31,240 --> 00:17:34,119
Speaker 8: I'm myself am a cancer survivor for some reason. I

296
00:17:34,200 --> 00:17:37,320
Speaker 8: survived a stage four s Orkoma tumor when I was

297
00:17:37,400 --> 00:17:41,000
Speaker 8: like twenty and a lot of my people, are my relatives,

298
00:17:41,000 --> 00:17:43,560
Speaker 8: are people back home, didn't win that battle, And there's

299
00:17:43,640 --> 00:17:47,200
Speaker 8: so many cancers. Everybody's sick, every single kind of cancer

300
00:17:47,200 --> 00:17:48,240
Speaker 8: that you can imagine.

301
00:17:48,560 --> 00:17:50,359
Speaker 1: Candy blames a lot of this on the oil and

302
00:17:50,400 --> 00:17:54,080
Speaker 1: gas industry. Bismarck is home for Candy, but she says

303
00:17:54,080 --> 00:17:55,879
Speaker 1: it's not always an easy place.

304
00:17:57,000 --> 00:18:01,520
Speaker 8: There's racism here. There's a mentality that, oh, those natives,

305
00:18:01,560 --> 00:18:05,560
Speaker 8: there's those drunks, and there's no I shouldn't say there's no.

306
00:18:05,600 --> 00:18:08,959
Speaker 8: But there's a lack of understanding of boarding schools and

307
00:18:08,960 --> 00:18:11,040
Speaker 8: what had happened and how we had a whole lost

308
00:18:11,080 --> 00:18:15,000
Speaker 8: generation of elders who were hurting very very very bad.

309
00:18:16,320 --> 00:18:19,639
Speaker 1: Candy's referencing how the US government used to take Indigenous

310
00:18:19,720 --> 00:18:22,560
Speaker 1: children from their families and send them to far away

311
00:18:22,600 --> 00:18:27,120
Speaker 1: schools to strip them of their culture. Overall, this community

312
00:18:27,200 --> 00:18:31,000
Speaker 1: was fertile ground for the pipeline company's divisive strategies.

313
00:18:31,920 --> 00:18:34,080
Speaker 8: What this industry sought to do was divide and conquer

314
00:18:34,200 --> 00:18:36,440
Speaker 8: even us as tribes, to pit us against each other

315
00:18:36,760 --> 00:18:40,359
Speaker 8: as nations, and to pit definitely white people against Native people,

316
00:18:40,400 --> 00:18:43,080
Speaker 8: because when they do that, they control the narrative. When

317
00:18:43,119 --> 00:18:44,400
Speaker 8: they control the narrative, they win.

318
00:18:45,400 --> 00:18:48,879
Speaker 1: Despite all that, Candy is holding onto hope that maybe

319
00:18:48,920 --> 00:18:52,320
Speaker 1: the jury saw what she saw, that the evidence didn't

320
00:18:52,320 --> 00:18:56,119
Speaker 1: support energy transfers, claims, I'm.

321
00:18:55,960 --> 00:18:58,679
Speaker 8: Trying not to be pessimistic about things. I'm really trying

322
00:18:58,680 --> 00:19:03,800
Speaker 8: really hard. I want to be there for one of

323
00:19:03,800 --> 00:19:08,280
Speaker 8: those times in history where the correct, accurate, and right

324
00:19:09,520 --> 00:19:16,440
Speaker 8: decision was made and there was a wind for humanity.

325
00:19:16,800 --> 00:19:20,520
Speaker 1: On Wednesday, March nineteenth, just two days after closing statements,

326
00:19:20,760 --> 00:19:22,760
Speaker 1: there's a rumor that the jury might be about to

327
00:19:22,800 --> 00:19:26,240
Speaker 1: deliver a verdict. The Green Piece people say can hang

328
00:19:26,280 --> 00:19:28,959
Speaker 1: out at their workspace, a storefront a couple blocks from

329
00:19:29,000 --> 00:19:31,719
Speaker 1: the courthouse so that I'll know right when the verdict

330
00:19:31,760 --> 00:19:35,359
Speaker 1: comes in. They send me into an empty echoing room

331
00:19:35,440 --> 00:19:37,679
Speaker 1: that they're not using, so that they can't listen in

332
00:19:37,720 --> 00:19:41,520
Speaker 1: on their legal strategy. From my solo folding table and chair,

333
00:19:41,720 --> 00:19:43,520
Speaker 1: I can see into the other part of the office

334
00:19:43,560 --> 00:19:47,359
Speaker 1: through a window. Occasionally someone comes and visits me. Sorry,

335
00:19:47,359 --> 00:19:49,639
Speaker 1: I keep every time I see someone like walking quickly,

336
00:19:49,720 --> 00:19:55,800
Speaker 1: I'm like, what's going on right exactly? Candy pops in.

337
00:19:56,720 --> 00:19:59,439
Speaker 1: She starts theorizing that maybe the jurors are in there

338
00:19:59,560 --> 00:20:03,639
Speaker 1: fighting with each other. Maybe there's one person who's holding

339
00:20:03,680 --> 00:20:08,640
Speaker 1: out hung jury, she says, putting it out there. Both

340
00:20:08,680 --> 00:20:11,600
Speaker 1: of our heads flip to our right. Through the window,

341
00:20:11,640 --> 00:20:13,800
Speaker 1: there's a rush of people moving in the other room.

342
00:20:14,560 --> 00:20:20,280
Speaker 1: Candy dashes out. It's time. The courthouse is right there,

343
00:20:20,320 --> 00:20:23,440
Speaker 1: I think. Inside the courtroom, there's a swish of clothing

344
00:20:23,520 --> 00:20:27,760
Speaker 1: as everyone rises for Judge Gian. The court has received

345
00:20:27,880 --> 00:20:30,760
Speaker 1: word that the jury has reached a verdict, he says.

346
00:20:31,560 --> 00:20:35,000
Speaker 1: The jurors file in. One woman has a spark of

347
00:20:35,040 --> 00:20:39,720
Speaker 1: excitement in her eyes. Another looks kind of miserable. The

348
00:20:39,840 --> 00:20:44,440
Speaker 1: court clerk stands up to read their decision. Did defendants

349
00:20:44,520 --> 00:20:50,760
Speaker 1: trespass on energy transfers land Green Pieace Fund, no, Greenpeace International,

350
00:20:51,240 --> 00:20:56,680
Speaker 1: no Green Pieace Ink. Yes? How much do you award

351
00:20:56,840 --> 00:21:00,720
Speaker 1: to energy transfer in compensatory damages for trespace to land.

352
00:21:01,840 --> 00:21:04,000
Speaker 1: Over the next ten or so minutes, there's a blur

353
00:21:04,119 --> 00:21:07,200
Speaker 1: of numbers, and all of them have million at the end.

354
00:21:08,119 --> 00:21:11,440
Speaker 1: Each is a blow to Greenpeace. Someone in the room

355
00:21:11,680 --> 00:21:16,480
Speaker 1: is quietly crying when it's over. Not even the lawyers

356
00:21:16,560 --> 00:21:19,959
Speaker 1: have done the math to determine the exact total. But

357
00:21:20,040 --> 00:21:30,000
Speaker 1: what's clear is that Greenpeace has lost badly. Outside the courtroom,

358
00:21:30,160 --> 00:21:33,320
Speaker 1: Energy Transfers lawyer Trey Cox poses with a huddle of

359
00:21:33,400 --> 00:21:36,800
Speaker 1: lawyers from his firm, Gibson, Dunn and Crutcher. He has

360
00:21:36,840 --> 00:21:40,159
Speaker 1: an American flagpin to the lapel of his suit. His

361
00:21:40,280 --> 00:21:44,199
Speaker 1: colleagues look satisfied in their sunglasses as Trey delivers his

362
00:21:44,320 --> 00:21:45,119
Speaker 1: victory speech.

363
00:21:46,320 --> 00:21:50,240
Speaker 7: Today, the jury has delivered a resounding verdict declaring green

364
00:21:50,320 --> 00:21:56,000
Speaker 7: Piece's actions wrongful, unlawful, and unacceptable by societal standards. Green

365
00:21:56,040 --> 00:22:01,600
Speaker 7: Peace maliciously misrepresented events within this unity in an unrelenting

366
00:22:01,640 --> 00:22:05,720
Speaker 7: attempt to stop, by any means possible, the construction of

367
00:22:05,720 --> 00:22:09,520
Speaker 7: a pipeline that had already obtained all of the necessary

368
00:22:09,960 --> 00:22:15,479
Speaker 7: legal approvals. These are the facts, not the fake news

369
00:22:15,760 --> 00:22:20,040
Speaker 7: of the Greenpeace propaganda machine. This is a resounding win

370
00:22:20,160 --> 00:22:23,600
Speaker 7: for the people of Bismarck, the people of Manden and

371
00:22:23,720 --> 00:22:27,360
Speaker 7: Morton County, as well as law enforcement officers who across

372
00:22:27,400 --> 00:22:31,240
Speaker 7: this state diligently worked and risked their lives to maintain

373
00:22:31,720 --> 00:22:36,000
Speaker 7: order in increasing chaos. This verdict serves as a powerful

374
00:22:36,280 --> 00:22:40,480
Speaker 7: affirmation of the First Amendment. Peaceful protest is an inherent

375
00:22:40,800 --> 00:22:47,360
Speaker 7: American right. However, violent and destructive protest is unlawful and unacceptable.

376
00:22:47,880 --> 00:22:50,680
Speaker 7: This verdict clearly conveys.

377
00:22:50,359 --> 00:22:56,760
Speaker 1: That the jury found Greenpeace Inc. Was liable for all

378
00:22:56,800 --> 00:23:01,120
Speaker 1: of energy transfers on the ground damage claims, Green Pieace Ink,

379
00:23:01,200 --> 00:23:05,120
Speaker 1: and Greenpeace International were guilty of conspiracy, and they said

380
00:23:05,200 --> 00:23:09,159
Speaker 1: all three green Peace organizations committed tortious interference as well

381
00:23:09,200 --> 00:23:13,040
Speaker 1: as defamation when they made their statements on police violence,

382
00:23:13,280 --> 00:23:18,480
Speaker 1: tribal territory, and desecration of sacred sites. But we still

383
00:23:18,480 --> 00:23:21,560
Speaker 1: don't know the dollar total of the damages, And another

384
00:23:21,640 --> 00:23:23,160
Speaker 1: reporter asks.

385
00:23:23,480 --> 00:23:25,840
Speaker 9: Thank you, mister Cox, you have what's total number?

386
00:23:26,960 --> 00:23:28,880
Speaker 8: It's close to seven hundred million dollars.

387
00:23:30,119 --> 00:23:33,760
Speaker 1: I kind of can't believe my ears. Wait did he say,

388
00:23:34,000 --> 00:23:37,480
Speaker 1: I mean I recorded it? Did he say sex seven

389
00:23:37,560 --> 00:23:38,280
Speaker 1: hundred million?

390
00:23:38,359 --> 00:23:43,840
Speaker 8: Okay, yeah, over twice the amount of the actual lawsuit.

391
00:23:44,200 --> 00:23:47,840
Speaker 1: That's Candy mossit white again. Can you share your reaction

392
00:23:47,960 --> 00:23:48,439
Speaker 1: to all of this.

393
00:23:48,920 --> 00:23:52,280
Speaker 8: It's absolutely bullshit one hundred percent. None of these people

394
00:23:52,320 --> 00:23:54,400
Speaker 8: that are leaving are from here for one thing.

395
00:23:54,640 --> 00:23:56,880
Speaker 10: They're all going back to Texas, Louisiana.

396
00:23:56,920 --> 00:23:57,720
Speaker 4: I'm from here.

397
00:23:58,280 --> 00:24:01,479
Speaker 10: Nobody asked us times what we wanted to do.

398
00:24:01,640 --> 00:24:03,160
Speaker 1: This is absolutely bullshit.

399
00:24:03,240 --> 00:24:07,400
Speaker 11: This verdict was absolutely biased one hundred percent. And yes,

400
00:24:07,440 --> 00:24:11,200
Speaker 11: I'm emotional because my kids go to school here, because

401
00:24:11,320 --> 00:24:13,679
Speaker 11: I'm from here and I have to deal with the

402
00:24:13,800 --> 00:24:14,560
Speaker 11: after effects.

403
00:24:14,600 --> 00:24:15,879
Speaker 4: I know some of those people.

404
00:24:15,920 --> 00:24:19,160
Speaker 11: I've seen them around bismark Mannon before. That is our

405
00:24:19,320 --> 00:24:23,000
Speaker 11: historic lands that were destroyed, and this company got money

406
00:24:23,000 --> 00:24:27,680
Speaker 11: for defamation for Greenpeace or for other peoples allegedly saying

407
00:24:27,720 --> 00:24:29,359
Speaker 11: that they destroyed sacred sites.

408
00:24:29,480 --> 00:24:31,680
Speaker 4: They did. I was there.

409
00:24:32,240 --> 00:24:34,320
Speaker 11: I just don't understand how.

410
00:24:34,000 --> 00:24:36,440
Speaker 9: They can get away with it, other than North Dakota's

411
00:24:36,480 --> 00:24:40,600
Speaker 9: a huge fossil fuel state. It's just really really upsetting

412
00:24:40,800 --> 00:24:44,399
Speaker 9: to me that these people get to leave and go

413
00:24:44,480 --> 00:24:46,920
Speaker 9: back to their respective states and not have to deal

414
00:24:46,960 --> 00:24:49,520
Speaker 9: with everything we have to continue to deal with as.

415
00:24:49,400 --> 00:24:52,360
Speaker 11: A result of these kinds of industries like energy transfer.

416
00:24:52,880 --> 00:24:55,000
Speaker 9: They stood here in front of the press and said

417
00:24:55,000 --> 00:24:57,280
Speaker 9: they had all the permits necessary and they didn't.

418
00:24:57,800 --> 00:24:59,840
Speaker 11: They didn't have the easement to go under LAKEWA.

419
00:25:00,600 --> 00:25:03,920
Speaker 1: That had nothing to do with green Peace, nothing.

420
00:25:04,560 --> 00:25:06,639
Speaker 10: And now they're getting thrown into the bus for something

421
00:25:06,640 --> 00:25:09,240
Speaker 10: they didn't even do. And they're treating us a Native

422
00:25:09,320 --> 00:25:13,720
Speaker 10: people like we're not competent enough to organize and strategize

423
00:25:13,720 --> 00:25:17,080
Speaker 10: something to protect our airlines and water. It's sick.

424
00:25:19,280 --> 00:25:21,879
Speaker 1: Green Peace takes its turn to speak to the press.

425
00:25:22,240 --> 00:25:26,359
Speaker 1: They look like they're at a funeral. Deepa Pedmanaba, green

426
00:25:26,400 --> 00:25:29,440
Speaker 1: Peace's senior legal advisor, addresses the crowd.

427
00:25:29,760 --> 00:25:32,600
Speaker 12: We should all be concerned about the attacks on our

428
00:25:32,600 --> 00:25:37,160
Speaker 12: First Amendment and lawsuits like this that really threaten our

429
00:25:37,600 --> 00:25:41,399
Speaker 12: rights to peaceful protest and free speech. The work of

430
00:25:41,440 --> 00:25:44,320
Speaker 12: green Peace is never going to stop. That's the really

431
00:25:44,359 --> 00:25:48,080
Speaker 12: important message today. And we're just walking out and we're

432
00:25:48,119 --> 00:25:49,960
Speaker 12: going to get together and figure out what our next

433
00:25:49,960 --> 00:25:50,520
Speaker 12: steps are.

434
00:25:52,880 --> 00:25:56,040
Speaker 1: No one lingers long. We all get into our cars

435
00:25:56,359 --> 00:26:02,040
Speaker 1: and drive away. After the trial wrapped up, I headed

436
00:26:02,080 --> 00:26:04,680
Speaker 1: back home to New York, and in the weeks after,

437
00:26:05,040 --> 00:26:07,840
Speaker 1: I kept thinking back to when I first started covering

438
00:26:07,840 --> 00:26:11,719
Speaker 1: the Standing Rock movement back in twenty sixteen, just as

439
00:26:11,800 --> 00:26:15,800
Speaker 1: Donald Trump was elected to his first term, Standing Rock

440
00:26:15,840 --> 00:26:19,359
Speaker 1: provided the opening scenes for a new era of repression

441
00:26:19,440 --> 00:26:23,399
Speaker 1: against protest. In the years that followed, we saw anti

442
00:26:23,480 --> 00:26:27,480
Speaker 1: protest laws spread across the US and around the world,

443
00:26:28,359 --> 00:26:32,919
Speaker 1: especially targeting environmental movements. The laws were developed and spread

444
00:26:33,000 --> 00:26:37,639
Speaker 1: by industry, initially in response to Standing Rock. At the

445
00:26:37,640 --> 00:26:41,399
Speaker 1: same time, after uprisings like the George Floyd movement popped off,

446
00:26:41,600 --> 00:26:44,720
Speaker 1: a kind of storytelling took cold that started to erase

447
00:26:44,760 --> 00:26:47,280
Speaker 1: what we'd been taught in school, that protests are a

448
00:26:47,320 --> 00:26:50,320
Speaker 1: noble tool of democracy that afforced some of the most

449
00:26:50,359 --> 00:26:55,800
Speaker 1: important changes in US history. A new story replaced that one,

450
00:26:56,160 --> 00:26:59,560
Speaker 1: and it said that protest is bad and maybe changes

451
00:26:59,640 --> 00:27:04,720
Speaker 1: bad two. Now, the energy transfer versus Greenpeace verdict is

452
00:27:04,800 --> 00:27:08,400
Speaker 1: landing at the beginning of a shitty sequel. In Trump's

453
00:27:08,400 --> 00:27:11,760
Speaker 1: second term, the same strategies used against the Standing Rock

454
00:27:11,800 --> 00:27:15,640
Speaker 1: movement are being put into practice at a much bigger scale.

455
00:27:15,760 --> 00:27:19,920
Speaker 1: We're seeing the National Guard brought in against anti deportation protesters,

456
00:27:20,640 --> 00:27:24,119
Speaker 1: this time called by the President himself. The head of

457
00:27:24,160 --> 00:27:27,199
Speaker 1: the Department of Homeland Security has said the IRS is

458
00:27:27,240 --> 00:27:31,320
Speaker 1: looking into protest funding and Republican members of Congress have

459
00:27:31,359 --> 00:27:35,440
Speaker 1: launched an investigation. I'd wager that if Standing Rock had

460
00:27:35,440 --> 00:27:39,359
Speaker 1: happened today, the FBI, rather than Tiger Swan, would have

461
00:27:39,400 --> 00:27:43,600
Speaker 1: been investigating the movement's funding. With Trump back in office,

462
00:27:43,680 --> 00:27:47,200
Speaker 1: we've also entered a whole new era of bad deal making.

463
00:27:47,840 --> 00:27:51,960
Speaker 1: Media outlets, universities, and law firms are being presented with

464
00:27:52,000 --> 00:27:55,359
Speaker 1: deals from the Trump administration that demand they either reel

465
00:27:55,400 --> 00:27:59,119
Speaker 1: back challenges to the president and abandon the most vulnerable people,

466
00:27:59,119 --> 00:28:04,520
Speaker 1: among them immigrants or trans people or Palestinians, or face

467
00:28:04,600 --> 00:28:08,520
Speaker 1: the possibility that their institution will be drained of resources

468
00:28:08,640 --> 00:28:12,480
Speaker 1: and destroyed. This round, it's not a law firm or

469
00:28:12,520 --> 00:28:15,680
Speaker 1: a CEO working for a private company that's making the offers.

470
00:28:16,280 --> 00:28:20,680
Speaker 1: It's government attorneys working for the president, although to be clear,

471
00:28:21,040 --> 00:28:24,640
Speaker 1: many of them come from the private sector. Former lawyers

472
00:28:24,640 --> 00:28:28,000
Speaker 1: for both Gibson Dunn and Energy Transfer have been appointed

473
00:28:28,040 --> 00:28:32,200
Speaker 1: to high level positions in the Trump administration. Here's deepa

474
00:28:32,400 --> 00:28:34,400
Speaker 1: Greenpeace Incs Senior legal advisor.

475
00:28:37,080 --> 00:28:40,680
Speaker 5: You know, the verdicts came at a time when we

476
00:28:40,800 --> 00:28:45,960
Speaker 5: have just been seeing institutions crumbling, where rather than fighting

477
00:28:46,040 --> 00:28:51,400
Speaker 5: head on people, individuals, law firms, universities, they're all crumbling.

478
00:28:52,440 --> 00:28:55,520
Speaker 1: Greenpeace has become one of the institutions that is fighting

479
00:28:55,560 --> 00:28:58,920
Speaker 1: back and is finding out how severe the blowback can be.

480
00:29:00,080 --> 00:29:03,160
Speaker 1: By the end of July, Greenpeace have offered us stuff

481
00:29:03,280 --> 00:29:08,640
Speaker 1: voluntary buyouts. The organizations lost twenty percent of their employees.

482
00:29:10,080 --> 00:29:13,280
Speaker 1: Was it worth it to not accept the deal given

483
00:29:13,480 --> 00:29:14,880
Speaker 1: how huge the verdict is?

484
00:29:17,800 --> 00:29:19,400
Speaker 5: Listen, there was no choice.

485
00:29:20,200 --> 00:29:20,440
Speaker 4: Right.

486
00:29:20,600 --> 00:29:26,120
Speaker 5: Is our existence our ultimate mission just the existence of

487
00:29:26,160 --> 00:29:30,440
Speaker 5: an entity? Or is there something in our mission that's

488
00:29:30,480 --> 00:29:31,280
Speaker 5: bigger than that?

489
00:29:33,840 --> 00:29:36,880
Speaker 1: I asked the Standing Rocks to tribe's current chair, Janet

490
00:29:36,960 --> 00:29:40,280
Speaker 1: al Kayer, what she thought of the verdict. Will this

491
00:29:40,480 --> 00:29:43,400
Speaker 1: verdict impact Standing Rock and if so, how.

492
00:29:45,160 --> 00:29:49,520
Speaker 13: I'm thinking definitely it will impact because it's there for

493
00:29:49,600 --> 00:29:50,160
Speaker 13: the record.

494
00:29:50,400 --> 00:29:50,680
Speaker 4: Right.

495
00:29:51,320 --> 00:29:56,800
Speaker 13: What I'm hopeful about is that Greenpeace it doesn't end there,

496
00:29:57,200 --> 00:30:00,600
Speaker 13: that they're going to move this beyond and fight it.

497
00:30:02,080 --> 00:30:04,880
Speaker 1: The Standing Rock Sioux Tribe knows way more than any

498
00:30:05,040 --> 00:30:10,280
Speaker 1: environmental organization about standing up to bad deals. It's woven

499
00:30:10,360 --> 00:30:14,480
Speaker 1: into their entire history. That lawsuit they filed against the

500
00:30:14,600 --> 00:30:17,400
Speaker 1: Army Corps was dismissed a few weeks after the green

501
00:30:17,440 --> 00:30:22,120
Speaker 1: Peace verdict, and they've already filed an appeal to Janet.

502
00:30:22,600 --> 00:30:26,200
Speaker 1: Regardless of the odds, the fight for the Ochetti Chakoine

503
00:30:26,200 --> 00:30:29,600
Speaker 1: people's water is too important to give up.

504
00:30:30,280 --> 00:30:37,480
Speaker 13: Even if we do not win in court. What history

505
00:30:38,280 --> 00:30:43,480
Speaker 13: will say about us is more important. Are what our

506
00:30:43,600 --> 00:30:51,920
Speaker 13: children will say is more important that we always stood

507
00:30:53,160 --> 00:30:55,760
Speaker 13: up for them, because if we just give up, then

508
00:30:55,960 --> 00:30:59,400
Speaker 13: of course they win. So I'm hoping down the road

509
00:31:00,120 --> 00:31:05,240
Speaker 13: that I can I can be at peace knowing that

510
00:31:05,360 --> 00:31:08,880
Speaker 13: I tried. I think I couldn't. I couldn't live with

511
00:31:08,960 --> 00:31:13,360
Speaker 13: myself if I didn't try. The Green Peace organizations are

512
00:31:13,360 --> 00:31:15,960
Speaker 13: getting ready to appeal the verdict in the North Dakota

513
00:31:16,040 --> 00:31:19,680
Speaker 13: Supreme Court, and I've heard mixed predictions from legal experts

514
00:31:19,720 --> 00:31:24,080
Speaker 13: I've talked to. Meanwhile, Greenpeace International is leaning on the

515
00:31:24,120 --> 00:31:27,520
Speaker 13: European Union's anti slap law to strike back at Energy

516
00:31:27,520 --> 00:31:30,560
Speaker 13: Transfer in a court in the Netherlands. They're hoping to

517
00:31:30,600 --> 00:31:33,320
Speaker 13: recover the money they spent dealing with the lawsuit, but

518
00:31:33,440 --> 00:31:37,880
Speaker 13: the US has no federal anti slap law, neither energy

519
00:31:37,880 --> 00:31:43,440
Speaker 13: Transfer nor Gibson Dunn Krutcher answered a detailed list of questions. However,

520
00:31:43,480 --> 00:31:47,520
Speaker 13: they repeatedly shared a statement, we are very pleased that

521
00:31:47,600 --> 00:31:51,680
Speaker 13: Greenpeace has been held accountable for its actions against energy Transfer,

522
00:31:52,720 --> 00:31:55,560
Speaker 13: and in the months since the trial, lawyer Trey Cox

523
00:31:55,600 --> 00:31:58,960
Speaker 13: has said that other companies are already expressing interest in

524
00:31:59,040 --> 00:32:01,480
Speaker 13: repeating what Energy transferred it to green Peace.

525
00:32:02,400 --> 00:32:04,880
Speaker 1: He told the Daily Caller, I'm getting calls from the

526
00:32:04,880 --> 00:32:07,920
Speaker 1: oil and gas industry. I'm getting calls from any number

527
00:32:07,920 --> 00:32:12,200
Speaker 1: of other industries that have been similarly affected. Still, where

528
00:32:12,240 --> 00:32:14,720
Speaker 1: it comes to the fight for the Ochechi Chakoyne's water,

529
00:32:15,240 --> 00:32:18,640
Speaker 1: there's not a clear winner. Will the company Kelsey Warren

530
00:32:18,680 --> 00:32:21,400
Speaker 1: co founded may have gotten its day of reckoning in court,

531
00:32:21,920 --> 00:32:24,280
Speaker 1: and they may have even imprinted a new story of

532
00:32:24,320 --> 00:32:28,000
Speaker 1: Standing Rock in the minds of many Americans. There's some

533
00:32:28,080 --> 00:32:32,720
Speaker 1: things that can't be erased. Standing Rock activated a whole

534
00:32:32,800 --> 00:32:37,280
Speaker 1: generation of Indigenous organizers who went home and continued to

535
00:32:37,360 --> 00:32:41,760
Speaker 1: fight to protect their own communities. I talked to Cody,

536
00:32:41,920 --> 00:32:44,880
Speaker 1: who was originally named in the lawsuit one last time.

537
00:32:45,840 --> 00:32:46,600
Speaker 4: Was it worth it?

538
00:32:48,320 --> 00:32:49,600
Speaker 6: Yeah?

539
00:32:50,000 --> 00:32:50,320
Speaker 3: It was.

540
00:32:51,760 --> 00:32:56,360
Speaker 14: It was because we needed it, not just as Indigenous people,

541
00:32:56,400 --> 00:33:01,360
Speaker 14: but just people as a whole. Grandfather spoke of it best,

542
00:33:01,600 --> 00:33:04,320
Speaker 14: you know when he said everything was for the people.

543
00:33:05,400 --> 00:33:05,840
Speaker 1: Remember that.

544
00:33:07,000 --> 00:33:09,440
Speaker 14: I guess we endured a lot for the people. We

545
00:33:09,480 --> 00:33:11,880
Speaker 14: did a lot for the people, not just indigenous people,

546
00:33:11,880 --> 00:33:14,840
Speaker 14: but everybody you know, so it was it was worth it.

547
00:33:21,760 --> 00:33:26,000
Speaker 1: Drilled is an original Critical Frequency production. This season was

548
00:33:26,040 --> 00:33:30,000
Speaker 1: reported and written by me Allen Brown. Our senior editor

549
00:33:30,120 --> 00:33:34,480
Speaker 1: is Audrey Quinn. Additional editing by Tristan Attone at Grist.

550
00:33:34,880 --> 00:33:37,880
Speaker 1: Our producer and sound designer is Ray Pang. Mixing and

551
00:33:37,920 --> 00:33:41,640
Speaker 1: mastering by Martin Saltz Austwich and Peter Duff. Fact checking

552
00:33:41,720 --> 00:33:45,480
Speaker 1: by Sarah Sneath. Our First Amendment attorney is James Wheedon

553
00:33:45,560 --> 00:33:48,080
Speaker 1: of the First Amendment Project. We're also a member of

554
00:33:48,120 --> 00:33:52,320
Speaker 1: Reporters Shield. Our impact producer is Lindsay Crowder. Marketing by

555
00:33:52,320 --> 00:33:55,479
Speaker 1: Maggie Taylor. Original artwork for this season was created by

556
00:33:55,560 --> 00:33:59,040
Speaker 1: Victor Pasqual of Digital Navajo. Our theme music is by

557
00:33:59,080 --> 00:34:02,640
Speaker 1: Dear Lady. The show was created and executive produced by

558
00:34:02,680 --> 00:34:06,280
Speaker 1: Amy Westervelt. The Center for Media and Democracy supported document

559
00:34:06,320 --> 00:34:09,320
Speaker 1: review for the season. You can find a companion feature

560
00:34:09,360 --> 00:34:12,520
Speaker 1: story to this season at Chris dot org. For related

561
00:34:12,520 --> 00:34:15,400
Speaker 1: stories and to support our work, check out Drill dot Media.

562
00:34:15,760 --> 00:34:18,440
Speaker 1: To follow my work, check out my newsletter eco files

563
00:34:18,560 --> 00:34:21,359
Speaker 1: at Ellen Brown dot ghost dot Iote.

564
00:34:21,560 --> 00:34:22,520
Speaker 4: No chew.

565
00:34:24,440 --> 00:34:25,440
Speaker 1: No Chew.

566
00:34:27,280 --> 00:34:28,200
Speaker 2: No chill.

567
00:34:30,160 --> 00:34:31,080
Speaker 3: No chew.

568
00:34:33,480 --> 00:34:40,600
Speaker 1: Chew, no chill

569
00:35:00,120 --> 00:35:00,160
Speaker 5: Y