WEBVTT - S12, Ep6 | The SLAPP Heard 'Round the World 0:00:00.080 --> 0:00:02.679 By the final day of testimony in the Energy Transfer 0:00:02.759 --> 0:00:06.520 versus Greenpeace trial, it's March thirteenth, and an early spring 0:00:06.519 --> 0:00:10.400 has melted the snow. Kelsey Warren is called as a witness. 0:00:10.800 --> 0:00:14.440 He's Energy Transfer's board chair and largest shareholder, and he 0:00:14.560 --> 0:00:17.440 was CEO when the Dakota Access pipeline was being built. 0:00:18.840 --> 0:00:21.400 Energy Transfer has spent a whole lot of time trying 0:00:21.440 --> 0:00:24.720 to keep Kelsey Warren's testimony out of the courtroom. Their 0:00:24.800 --> 0:00:27.440 lawyers tried to claim that Kelsey didn't have any useful 0:00:27.480 --> 0:00:33.160 information about his own company's famously controversial pipeline. In interviews, 0:00:33.320 --> 0:00:35.800 Kelsey's made it clear that he has strong feelings about 0:00:35.800 --> 0:00:39.360 the standing Rock movement. Here he is on CNBC right 0:00:39.400 --> 0:00:42.720 after the original Greenpeace lawsuit was filed in twenty seventeen. 0:00:46.240 --> 0:00:50.080 What happened to us was tragic coming that lies were 0:00:50.120 --> 0:00:52.800 being told. Tens of millions of dollars were being raised 0:00:52.800 --> 0:00:55.480 by Greenpeace and others based on these lies. 0:00:56.160 --> 0:00:59.480 Kelsey's a pretty sensitive guy. In addition to his island 0:00:59.520 --> 0:01:03.280 and hunter and his collection of exotic animals, he also 0:01:03.320 --> 0:01:05.959 owns a record label and rates his own tender songs 0:01:05.959 --> 0:01:10.560 on the guitar. Jackson Brown is his idol. Kelsey has 0:01:10.600 --> 0:01:13.600 a reputation for using the legal system to lash out 0:01:13.640 --> 0:01:17.160 when he feels his company is unfairly being attacked, which 0:01:17.200 --> 0:01:19.400 is exactly what he thought was happening with the Standing 0:01:19.440 --> 0:01:23.360 Rock movement. It couldn't have helped that his hero, Jackson Brown, 0:01:23.560 --> 0:01:28.120 publicly denounced Kelsey's company's pipeline. Jackson even gave a benefit 0:01:28.160 --> 0:01:30.160 concert in honor of the water protectors. 0:01:30.800 --> 0:01:35.119 We got to do something. Everybody's afraid of these environmental 0:01:35.120 --> 0:01:37.560 groups and the fear that it may look wrong if 0:01:37.600 --> 0:01:39.800 you fight back with these people. But what they did 0:01:39.840 --> 0:01:41.679 to us is wrong and they're going to pay for. 0:01:44.160 --> 0:01:47.440 At the Morton County Courthouse, Kelsey's face appears on the 0:01:47.440 --> 0:01:51.240 flat screen TVs around the courtroom. It's a pre recorded 0:01:51.320 --> 0:01:54.280 video deposition. He has a shock of white hair and 0:01:54.320 --> 0:01:58.840 his eyebrows are furrowed like he's concerned. The lawyer goes 0:01:58.840 --> 0:02:02.800 over how Donald Trump's executive order in twenty seventeen told 0:02:02.840 --> 0:02:06.360 the Army Corps to approve the Dakota Access pipeline's easement, 0:02:07.080 --> 0:02:10.959 and about midway through his testimony, Kelsey drops his first surprise. 0:02:12.360 --> 0:02:15.440 That executive order that allowed energy transfer to start drilling. 0:02:16.120 --> 0:02:21.440 Energy Transfer actually drafted it. Energy Transfers lawyers turned back 0:02:21.480 --> 0:02:24.600 to the question at the heart of the case. Do 0:02:24.720 --> 0:02:28.800 you have any personal knowledge about anything Greenpeace did at 0:02:28.840 --> 0:02:32.160 all in relation to the protests, a lawyer asks from 0:02:32.160 --> 0:02:37.600 off camera. No, Kelsey replies, But then the lawyer asks 0:02:37.600 --> 0:02:41.959 about a different nonprofit called Earth Justice. It's the public 0:02:42.080 --> 0:02:46.080 interest law organization that represented the Standing Rock tribe in 0:02:46.120 --> 0:02:49.120 the early days of its legal fight to stop the pipeline. 0:02:50.440 --> 0:02:54.080 At the name Earth Justice, Kelsey perks up, and I 0:02:54.120 --> 0:02:56.840 can start to see why Energy Transfer might not have 0:02:56.919 --> 0:03:02.880 wanted him to testify. Scumbags, Kelsey says of Earth Justice. 0:03:03.760 --> 0:03:08.120 To be clear, Earth Justice is not Green Peace. It's 0:03:08.160 --> 0:03:12.720 not the organization this suit is against. Why do you 0:03:12.760 --> 0:03:17.239 say that, sir? The lawyer replies. By way of explanation, 0:03:17.520 --> 0:03:20.440 Kelsey begins to describe a meeting he had in December 0:03:20.480 --> 0:03:24.280 twenty sixteen with the Standing Rock Siue chairman, Dave oar Shambo. 0:03:26.240 --> 0:03:28.080 I went there with the intention of working out a 0:03:28.120 --> 0:03:32.680 financial transaction with the chairman, he says. Kelsey starts talking 0:03:32.720 --> 0:03:34.600 about how he tried to make a deal with the 0:03:34.600 --> 0:03:38.120 Standing Rock Sioux chairman to end the protests. As if 0:03:38.160 --> 0:03:42.360 the tribe, not Green Peace, was the one leading the protests. 0:03:43.000 --> 0:03:46.120 Kelsey goes on, I said, Dave, I'm here to make 0:03:46.160 --> 0:03:48.560 a deal with you. Do you want cash? What do 0:03:48.600 --> 0:03:51.200 you want? I said, we own this land up there. 0:03:51.760 --> 0:03:54.080 Kelsey says he offered the chairman the ranch that the 0:03:54.080 --> 0:03:57.440 pipeline company bought, the one that held the sacred sites 0:03:57.440 --> 0:04:00.360 and the drill pad. We could build you a whole 0:04:00.360 --> 0:04:04.160 new school on your reservation. Let's make a deal. He says. 0:04:05.240 --> 0:04:08.000 He made it very clear. Kelsey says of the chairman 0:04:08.360 --> 0:04:10.880 that he could not accept any offer for me that 0:04:10.920 --> 0:04:15.520 involved them backing down again. Kelsey is applying that it 0:04:15.560 --> 0:04:19.240 was the Standing Rocks Sioux tribe, not Green Peace, that 0:04:19.400 --> 0:04:22.440 had the power to end the uprising, and he has 0:04:22.480 --> 0:04:27.560 a surprising theory about why Chairman Davar Shambo refused. It 0:04:27.640 --> 0:04:29.800 was clear to me that he had struck a deal 0:04:29.839 --> 0:04:33.640 with the devil, Kelsey says, and the devil being Earth Justice. 0:04:33.800 --> 0:04:40.680 The lawyer replies, yes. Kelsey. Warren apparently believes that the 0:04:40.680 --> 0:04:44.400 thing that stopped Standing Rocks Chairman Davar Shambo from accepting 0:04:44.480 --> 0:04:49.039 energy transfers deal must have been another competing deal with 0:04:49.279 --> 0:04:53.400 Earth Justice. I read between the lines, and I believe 0:04:53.480 --> 0:04:56.080 that they made a deal and our shambo couldn't make 0:04:56.120 --> 0:04:59.400 a deal with me. He says. I asked Dave oar 0:04:59.400 --> 0:05:02.200 Shambo about this. He told me he did mean to 0:05:02.240 --> 0:05:05.000 discuss safety with Kelsey Warren, but he said he was 0:05:05.080 --> 0:05:09.800 not there to negotiate ending the protests. Back in court, 0:05:09.880 --> 0:05:13.480 the lawyer asks, nothing was said about Greenpeace during that meeting? 0:05:13.680 --> 0:05:19.360 Was it not that I recall? Kelsey replies, we're at 0:05:19.360 --> 0:05:23.240 the finale of the trial. An Energy Transfer's board chair 0:05:23.360 --> 0:05:26.120 has just given us a whole new theory of the 0:05:26.200 --> 0:05:34.840 case which completely contradicts his company's lawsuit. After three and 0:05:34.880 --> 0:05:37.680 a half weeks of testimony and months of my own reporting, 0:05:38.320 --> 0:05:42.719 this case is full of holes. To summarize, we've seen 0:05:42.760 --> 0:05:46.640 that Greenpeace donations in fundraising at Standing Rock only amounted 0:05:46.680 --> 0:05:50.240 to a small fraction of the millions in donations that 0:05:50.400 --> 0:05:53.960 poured into the movement from around the world. Only six 0:05:54.040 --> 0:05:58.039 employees from Greenpeace Inc. Visited Standing Rock out of well 0:05:58.080 --> 0:06:01.760 over ten thousand people who show, and no one from 0:06:01.839 --> 0:06:06.080 Greenpeace International or green Peace Fund ever went the whole 0:06:06.120 --> 0:06:08.640 time this was all going on. The Standing Rock Sioux 0:06:08.720 --> 0:06:12.320 Tribe and other indigenous nations were very publicly fighting the 0:06:12.360 --> 0:06:16.440 pipeline in court. The pipeline company had no ability to 0:06:16.520 --> 0:06:19.360 drill under the river during the protests because they had 0:06:19.400 --> 0:06:22.200 no permission from the US Army Corps of Engineers to 0:06:22.320 --> 0:06:28.159 do that. Meanwhile, Greenpeace's allegedly defamatory statements, including that police 0:06:28.240 --> 0:06:32.640 used violence against nonviolent demonstrators, that the pipeline passes through 0:06:32.640 --> 0:06:37.679 tribal land, and that Energy Transfer deliberately desecrated sacred sites, 0:06:38.160 --> 0:06:41.080 are assertions that the Standing Rock Sioux Tribe and many 0:06:41.200 --> 0:06:46.919 others stand by to this day. Now today, on the 0:06:47.040 --> 0:06:51.320 last day of testimony, Energy Transfer's own board chair has 0:06:51.360 --> 0:06:54.600 a whole nother story of the movement. But will this 0:06:54.720 --> 0:07:03.479 even matter to the jurors? This season of Drilled, we 0:07:03.560 --> 0:07:06.920 bring you slapped the story of an indigenous nation fighting 0:07:06.960 --> 0:07:11.320 for its water, an environmental nonprofit facing extinction, and an 0:07:11.440 --> 0:07:15.880 energy giant using the courts to punish protesters. I'm Alan Brown. 0:07:26.120 --> 0:07:30.240 The Monday after Kelsey Warren's testimony, Energy Transfers lawyer Trey 0:07:30.280 --> 0:07:33.360 Cox steps in front of the jury for his closing statement. 0:07:35.480 --> 0:07:40.040 Trey tells the jurors that Greenpeace employees are master manipulators, 0:07:40.520 --> 0:07:44.480 and deceptive to the core volume on the courtroom drama 0:07:44.680 --> 0:07:49.320 has been turned way up. Think about the mafia, He suggests, 0:07:49.960 --> 0:07:52.440 I got to see a guy about a thing. Did 0:07:52.480 --> 0:07:56.680 you get the package? Sleeps with the fishes? These are 0:07:56.720 --> 0:07:59.680 the type of words that people in conspiracies use as 0:08:00.280 --> 0:08:04.760 words to communicate other things. He says that Green Piece 0:08:04.800 --> 0:08:15.600 relies on similar code words to trick people, like campfire, nonviolent, art, tent, solidarity, out, solidarity, 0:08:15.800 --> 0:08:19.640 and indigenous leadership. These are some of the most deceptive 0:08:19.680 --> 0:08:22.560 words that they use. And when they stand up here 0:08:22.680 --> 0:08:25.400 and they try to use those words, I want you 0:08:25.440 --> 0:08:30.480 to call them out as code words. Tray starts to 0:08:30.480 --> 0:08:33.840 get into the damages what Energy Transfer wants Greenpeace to 0:08:33.880 --> 0:08:37.600 pay them, and he reveals that Energy Transfer isn't just 0:08:37.760 --> 0:08:40.480 looking for the over two hundred and sixty six million 0:08:40.600 --> 0:08:43.800 dollars the company claims they spent on countering the protests. 0:08:44.440 --> 0:08:49.760 They want triple that total, including massive exemplary damages, extra 0:08:49.840 --> 0:08:52.199 money meant to make an example out of green Pieace. 0:08:53.400 --> 0:08:56.320 He tells the jury that ruling an Energy Transfer's favor 0:08:56.600 --> 0:09:00.480 is about more than just this case. It needs to 0:09:00.520 --> 0:09:03.880 be done for Morton County. It needs to be done 0:09:03.960 --> 0:09:08.520 for Morton County's law enforcement, and more importantly, it needs 0:09:08.520 --> 0:09:12.120 to be done for the next community where Greenpeace exploits 0:09:12.160 --> 0:09:16.520 an opportunity to push its agenda at any cost. And 0:09:16.640 --> 0:09:19.360 I don't know whether that's going to be in Louisiana 0:09:19.520 --> 0:09:24.280 or Texas, or Oklahoma or Ohio, but you have the 0:09:24.280 --> 0:09:29.960 responsibility of protecting those others. The Greenpeace organizations present their 0:09:30.000 --> 0:09:34.600 closing statements, a detailed outline of all the inconsistencies and 0:09:34.720 --> 0:09:39.240 holes in energy transfers lawsuit, and Judge gian sends the 0:09:39.320 --> 0:09:43.880 jury to begin their deliberations. And now all there has 0:09:43.920 --> 0:09:46.160 to do is wait. A decision could come in a 0:09:46.240 --> 0:09:50.000 few hours or even a few weeks. Even at this 0:09:50.120 --> 0:09:52.560 point I was not really sure what was going to happen, 0:09:53.040 --> 0:09:54.880 but I figured the best way to get a sense 0:09:54.920 --> 0:09:57.160 of how this might go was to talk to some 0:09:57.200 --> 0:10:00.400 people who are from here. After all, this piece was 0:10:00.400 --> 0:10:08.000 in the hands of Morton County community members. As I 0:10:08.040 --> 0:10:10.720 was driving into Mandan a while back, I had noticed 0:10:10.760 --> 0:10:16.040 a digital sign advertising community Events Testicle Festival at the 0:10:16.080 --> 0:10:19.480 Moose Lodge. It flashed in Neon Red I knew what 0:10:19.559 --> 0:10:20.280 I had to do. 0:10:22.040 --> 0:10:25.960 These are rocky mountain oys juices. Do I need to 0:10:25.960 --> 0:10:30.319 tell who Jim what they're actually made out of? Well, okay, 0:10:30.360 --> 0:10:35.160 well mature bulls, you know, hoof with Danngus whatever you 0:10:35.200 --> 0:10:36.960 want to call it a new big nuts. 0:10:37.400 --> 0:10:40.720 He just made the shape like bigger than his head. 0:10:41.720 --> 0:10:44.839 Well not quite that big, but anyways, Dennis slice them 0:10:45.080 --> 0:10:45.560 and a little. 0:10:46.160 --> 0:10:46.920 That's a lot of. 0:10:49.120 --> 0:10:52.200 Man. Dan's Moose Lodge is packed. The space is half 0:10:52.240 --> 0:10:55.320 dive bar, half events hall, and tonight there's a line 0:10:55.320 --> 0:10:58.920 of people waiting to order Bisenbergers and Rocky Mountain oysters. 0:10:59.600 --> 0:11:01.520 A bunch of tables and chairs are set up for 0:11:01.559 --> 0:11:04.680 people to eat. Dale, who doesn't want to use his 0:11:04.760 --> 0:11:09.040 last name, is a retired rancher. Alongside oil and gas, cattle, 0:11:09.120 --> 0:11:12.440 ranching is one of Morton County's biggest industries, and the 0:11:12.480 --> 0:11:15.840 Testicle Festival takes place every year during calving season. 0:11:16.920 --> 0:11:24.440 I mean it's not terrible. It tastes like a fried thing, 0:11:24.880 --> 0:11:25.160 you know. 0:11:25.720 --> 0:11:27.680 I want to know what people here thought about the 0:11:27.720 --> 0:11:31.480 protests against the Dakota Access pipeline. So I'm working my 0:11:31.520 --> 0:11:34.680 way around the room. I start chatting with Helena Reel 0:11:34.760 --> 0:11:37.880 and Betty Thompson. Both of them grew up on farms. 0:11:38.360 --> 0:11:40.720 I got my first bite of a Rocky Mountain oyster. 0:11:42.080 --> 0:11:44.840 I'm lucky you and you're from where I'm from the 0:11:44.840 --> 0:11:45.360 Twin Cities. 0:11:45.400 --> 0:11:47.679 Originally I grew up in Saint Paul and now I'm 0:11:47.760 --> 0:11:51.000 based in Brooklyn. I asked her about Mandan, North Dakota. 0:11:52.040 --> 0:11:56.199 Man, it's good man. It's a small community that sticks 0:11:56.280 --> 0:11:59.120 up for its fellow Man. I mean, that's what we do. 0:12:00.000 --> 0:12:02.360 What is it like when those protests were going on 0:12:02.840 --> 0:12:07.000 for this community. 0:12:06.080 --> 0:12:09.720 We didn't like it, No, plain and simple, we didn't 0:12:09.800 --> 0:12:15.840 like it. That's all the protesting. And then then they 0:12:16.080 --> 0:12:18.719 closed the roads. You couldn't go anywhere. Then they come 0:12:18.760 --> 0:12:22.040 to Manden, they're marching down main street with dead pigs. Really, 0:12:22.800 --> 0:12:23.400 who does that? 0:12:24.640 --> 0:12:27.920 Wondering what Betty and Helena think about Greenpeace's argument that 0:12:28.000 --> 0:12:31.080 people from here are too biased to be neutral jurors. 0:12:31.640 --> 0:12:33.320 Part of the reason I want to talk to people 0:12:33.760 --> 0:12:35.839 in Mandan is because one of the things they're trying 0:12:35.880 --> 0:12:39.200 to argue is that the trial should not be held 0:12:39.240 --> 0:12:42.800 here because there's it would be impossible to find someone 0:12:42.800 --> 0:12:45.160 who's totally unbiased on the subject. 0:12:46.840 --> 0:12:50.280 Yeah, I agree, agree, Lena. 0:12:50.040 --> 0:12:52.880 Says, there's another guy I should talk to. She introduces 0:12:52.880 --> 0:12:55.560 me to a rancher named Jim, who also doesn't want 0:12:55.600 --> 0:12:58.560 to use his last name. His family has a ranch 0:12:58.880 --> 0:13:01.600 not far from where the anti pipeline camps were located, 0:13:02.080 --> 0:13:04.400 and he says he and his neighbors felt unsafe. 0:13:04.679 --> 0:13:08.800 I was repeatedly threatened, chased up and down the highway. 0:13:08.920 --> 0:13:11.240 They'd follow me from our rams thirty miles south all 0:13:11.240 --> 0:13:13.000 the way to town, follow me around town until I 0:13:13.000 --> 0:13:15.920 would stop to confronting. Then they'd take off. The I 0:13:15.960 --> 0:13:19.240 was spied on, threatened. In the middle of the night, 0:13:19.280 --> 0:13:21.280 they'd be in our yard. I'd catch him. I mean. 0:13:21.400 --> 0:13:24.320 Jim says he's convinced that what he experienced didn't come 0:13:24.360 --> 0:13:25.760 from people from the standing rocks. 0:13:25.800 --> 0:13:28.960 You tried and they say it was outside or string 0:13:29.000 --> 0:13:32.319 things up. That was our view of it, because there 0:13:32.360 --> 0:13:35.320 was never We never had issues with anybody that we 0:13:35.400 --> 0:13:38.840 knew locally. When you had issues and when I got 0:13:38.920 --> 0:13:41.600 you know, you'd catch people in my yard sneaking in there. 0:13:42.360 --> 0:13:44.679 It was always people from where are you from? Oh, 0:13:44.720 --> 0:13:47.320 I come up from Nebraska or I you know. It 0:13:47.400 --> 0:13:48.960 was never local people. 0:13:49.200 --> 0:13:52.559 Right Dale is listening in he shares who he thinks 0:13:52.600 --> 0:13:53.960 those outsiders were. 0:13:55.040 --> 0:13:58.080 Greenpeace was behind it. You know, they always take that 0:13:58.160 --> 0:14:03.360 anonymous thing, you know across the world, right, Jim, they 0:14:03.360 --> 0:14:05.599 take that honest. They always stand in the backgrounds and 0:14:05.640 --> 0:14:08.280 they agitate, is what they do. 0:14:09.720 --> 0:14:12.480 What I mean, what makes you think that? What did 0:14:12.480 --> 0:14:13.520 you hear about them? 0:14:14.520 --> 0:14:18.360 Well, because their name came up many times during the protests, Greenpeace, 0:14:18.400 --> 0:14:19.080 Did it came up? 0:14:19.520 --> 0:14:19.640 Right? 0:14:19.880 --> 0:14:20.040 Oh? 0:14:20.120 --> 0:14:22.600 Yeah, yeah, that's why I believe they were behind it. 0:14:23.000 --> 0:14:24.840 But they were behind a lot of protests. 0:14:25.120 --> 0:14:26.920 I asked Dale and his friend what they think of 0:14:26.960 --> 0:14:30.520 the damage. Claims we're trying to get green Peace to 0:14:30.520 --> 0:14:32.320 pay for everything, and they should. 0:14:33.200 --> 0:14:35.840 I'm the point where they broke They had no business here. 0:14:36.200 --> 0:14:40.320 No people I'm talking to are convinced that outsiders drove 0:14:40.360 --> 0:14:44.320 these protests. But it's also clear that what happened continues 0:14:44.360 --> 0:14:48.360 to impact relationships among people who are from here. For example, 0:14:48.480 --> 0:14:51.040 Dale says he doesn't go to Standing Rocks Prairie Night's 0:14:51.080 --> 0:14:55.800 Casino anymore. That tension is still there eight years later, 0:14:56.360 --> 0:14:59.920 especially between white and Native people. According to Dale. 0:15:00.000 --> 0:15:01.720 He's just right under the surface right now. 0:15:01.800 --> 0:15:05.880 You know, our conversation meanders and we start talking about 0:15:05.920 --> 0:15:09.320 what Morton County is like. I asked Dale about the 0:15:09.360 --> 0:15:11.880 oil boom that began in the mid two thousands. 0:15:12.240 --> 0:15:16.440 When the boom happened, Oh yeah, oh man, it was crazy. 0:15:17.160 --> 0:15:19.840 I mean they came from all over. I mean I'd 0:15:19.880 --> 0:15:25.120 never seen hooko's walking on the street before. Yes, absolutely, 0:15:26.040 --> 0:15:28.440 it was crazy. I couldn't believe. It gives me goosebump 0:15:28.560 --> 0:15:30.680 just talking about it right now. The crime weight just 0:15:30.720 --> 0:15:34.080 went straight up. Yes, I mean, it brought in the 0:15:34.160 --> 0:15:36.960 riff raft, is what it did. All the towns were affected. 0:15:37.720 --> 0:15:41.440 Meth labs were popping up all over the place. Yes, yeah, 0:15:41.680 --> 0:15:45.240 oh yeah. The drugs were just crazy. 0:15:44.880 --> 0:15:47.600 Dale says. Law enforcement eventually got a handle on it 0:15:47.760 --> 0:15:50.360 and things calmed down. I asked if there was good 0:15:50.400 --> 0:15:51.680 things that came out of the boom. 0:15:51.840 --> 0:15:54.000 Oh yeah, the money, you know, the money. It's always 0:15:54.040 --> 0:15:54.880 about the money, you know. 0:15:56.320 --> 0:15:57.080 Oh yeah. 0:15:57.760 --> 0:16:00.640 Now all the cities get money, like Multon counties. I 0:16:00.680 --> 0:16:02.640 think you will impacted by the oil, so they get 0:16:02.680 --> 0:16:03.320 money out of that. 0:16:03.760 --> 0:16:06.680 Dale's story about the boom makes me think during the 0:16:06.680 --> 0:16:10.240 Standing Rock Movement, a camp of ten thousand people popped 0:16:10.280 --> 0:16:13.040 up suddenly in the middle of the prairie. It was 0:16:13.080 --> 0:16:15.680 a different kind of boom town, and it kind of 0:16:15.720 --> 0:16:18.280 makes sense that that would result in some chaos for 0:16:18.320 --> 0:16:21.760 the existing community. And at the end of this boom, 0:16:21.880 --> 0:16:24.560 the people of Morton County didn't get rewarded with the 0:16:24.640 --> 0:16:27.120 kind of money that came with the oil boom. It's 0:16:27.160 --> 0:16:29.800 making more and more sense to me why people from 0:16:29.880 --> 0:16:34.320 here feel so negatively towards the Standing Rock movement. But 0:16:34.360 --> 0:16:37.600 I am fully aware that the testicle festival folks aren't 0:16:37.640 --> 0:16:40.440 the only ones with a perspective on both the oil 0:16:40.480 --> 0:16:43.880 boom and protests. So I meet up with another local 0:16:44.000 --> 0:16:47.600 outside the courthouse. Candy moss at White works for the 0:16:47.640 --> 0:16:51.600 Indigenous Environmental Network. Her boss is that guy Tom Goldtooth 0:16:51.680 --> 0:16:54.520 who was talking to Green Peace about the settlement. You 0:16:54.600 --> 0:16:57.400 spent months at the anti pipeline camps and she sat 0:16:57.480 --> 0:17:01.960 in on some of the trial. I'm just curious how 0:17:02.000 --> 0:17:04.240 long you've lived here and what this place is like. 0:17:05.080 --> 0:17:07.560 So, first of all, I was born and raised in 0:17:07.600 --> 0:17:08.440 North Dakota. 0:17:08.960 --> 0:17:11.200 Candy is a member of the Mandan, Hidatsa and a 0:17:11.240 --> 0:17:15.399 Ricara tribe. Specifically, she's a Mandan, part of the indigenous 0:17:15.480 --> 0:17:18.640 nation that this town was named after. Now she lives 0:17:18.680 --> 0:17:21.320 in Bismarck, but she grew up on the Fort Bertold 0:17:21.359 --> 0:17:23.120 Reservation northwest of here. 0:17:23.840 --> 0:17:25.320 Well, that's in the heart of the backan where the 0:17:25.359 --> 0:17:27.800 oil is coming from that flows through the pipeline. 0:17:28.200 --> 0:17:30.359 She has another view of what an oil boom can do. 0:17:31.240 --> 0:17:34.119 I'm myself am a cancer survivor for some reason. I 0:17:34.200 --> 0:17:37.320 survived a stage four s Orkoma tumor when I was 0:17:37.400 --> 0:17:41.000 like twenty and a lot of my people, are my relatives, 0:17:41.000 --> 0:17:43.560 are people back home, didn't win that battle, And there's 0:17:43.640 --> 0:17:47.200 so many cancers. Everybody's sick, every single kind of cancer 0:17:47.200 --> 0:17:48.240 that you can imagine. 0:17:48.560 --> 0:17:50.359 Candy blames a lot of this on the oil and 0:17:50.400 --> 0:17:54.080 gas industry. Bismarck is home for Candy, but she says 0:17:54.080 --> 0:17:55.879 it's not always an easy place. 0:17:57.000 --> 0:18:01.520 There's racism here. There's a mentality that, oh, those natives, 0:18:01.560 --> 0:18:05.560 there's those drunks, and there's no I shouldn't say there's no. 0:18:05.600 --> 0:18:08.959 But there's a lack of understanding of boarding schools and 0:18:08.960 --> 0:18:11.040 what had happened and how we had a whole lost 0:18:11.080 --> 0:18:15.000 generation of elders who were hurting very very very bad. 0:18:16.320 --> 0:18:19.639 Candy's referencing how the US government used to take Indigenous 0:18:19.720 --> 0:18:22.560 children from their families and send them to far away 0:18:22.600 --> 0:18:27.120 schools to strip them of their culture. Overall, this community 0:18:27.200 --> 0:18:31.000 was fertile ground for the pipeline company's divisive strategies. 0:18:31.920 --> 0:18:34.080 What this industry sought to do was divide and conquer 0:18:34.200 --> 0:18:36.440 even us as tribes, to pit us against each other 0:18:36.760 --> 0:18:40.359 as nations, and to pit definitely white people against Native people, 0:18:40.400 --> 0:18:43.080 because when they do that, they control the narrative. When 0:18:43.119 --> 0:18:44.400 they control the narrative, they win. 0:18:45.400 --> 0:18:48.879 Despite all that, Candy is holding onto hope that maybe 0:18:48.920 --> 0:18:52.320 the jury saw what she saw, that the evidence didn't 0:18:52.320 --> 0:18:56.119 support energy transfers, claims, I'm. 0:18:55.960 --> 0:18:58.679 Trying not to be pessimistic about things. I'm really trying 0:18:58.680 --> 0:19:03.800 really hard. I want to be there for one of 0:19:03.800 --> 0:19:08.280 those times in history where the correct, accurate, and right 0:19:09.520 --> 0:19:16.440 decision was made and there was a wind for humanity. 0:19:16.800 --> 0:19:20.520 On Wednesday, March nineteenth, just two days after closing statements, 0:19:20.760 --> 0:19:22.760 there's a rumor that the jury might be about to 0:19:22.800 --> 0:19:26.240 deliver a verdict. The Green Piece people say can hang 0:19:26.280 --> 0:19:28.959 out at their workspace, a storefront a couple blocks from 0:19:29.000 --> 0:19:31.719 the courthouse so that I'll know right when the verdict 0:19:31.760 --> 0:19:35.359 comes in. They send me into an empty echoing room 0:19:35.440 --> 0:19:37.679 that they're not using, so that they can't listen in 0:19:37.720 --> 0:19:41.520 on their legal strategy. From my solo folding table and chair, 0:19:41.720 --> 0:19:43.520 I can see into the other part of the office 0:19:43.560 --> 0:19:47.359 through a window. Occasionally someone comes and visits me. Sorry, 0:19:47.359 --> 0:19:49.639 I keep every time I see someone like walking quickly, 0:19:49.720 --> 0:19:55.800 I'm like, what's going on right exactly? Candy pops in. 0:19:56.720 --> 0:19:59.439 She starts theorizing that maybe the jurors are in there 0:19:59.560 --> 0:20:03.639 fighting with each other. Maybe there's one person who's holding 0:20:03.680 --> 0:20:08.640 out hung jury, she says, putting it out there. Both 0:20:08.680 --> 0:20:11.600 of our heads flip to our right. Through the window, 0:20:11.640 --> 0:20:13.800 there's a rush of people moving in the other room. 0:20:14.560 --> 0:20:20.280 Candy dashes out. It's time. The courthouse is right there, 0:20:20.320 --> 0:20:23.440 I think. Inside the courtroom, there's a swish of clothing 0:20:23.520 --> 0:20:27.760 as everyone rises for Judge Gian. The court has received 0:20:27.880 --> 0:20:30.760 word that the jury has reached a verdict, he says. 0:20:31.560 --> 0:20:35.000 The jurors file in. One woman has a spark of 0:20:35.040 --> 0:20:39.720 excitement in her eyes. Another looks kind of miserable. The 0:20:39.840 --> 0:20:44.440 court clerk stands up to read their decision. Did defendants 0:20:44.520 --> 0:20:50.760 trespass on energy transfers land Green Pieace Fund, no, Greenpeace International, 0:20:51.240 --> 0:20:56.680 no Green Pieace Ink. Yes? How much do you award 0:20:56.840 --> 0:21:00.720 to energy transfer in compensatory damages for trespace to land. 0:21:01.840 --> 0:21:04.000 Over the next ten or so minutes, there's a blur 0:21:04.119 --> 0:21:07.200 of numbers, and all of them have million at the end. 0:21:08.119 --> 0:21:11.440 Each is a blow to Greenpeace. Someone in the room 0:21:11.680 --> 0:21:16.480 is quietly crying when it's over. Not even the lawyers 0:21:16.560 --> 0:21:19.959 have done the math to determine the exact total. But 0:21:20.040 --> 0:21:30.000 what's clear is that Greenpeace has lost badly. Outside the courtroom, 0:21:30.160 --> 0:21:33.320 Energy Transfers lawyer Trey Cox poses with a huddle of 0:21:33.400 --> 0:21:36.800 lawyers from his firm, Gibson, Dunn and Crutcher. He has 0:21:36.840 --> 0:21:40.159 an American flagpin to the lapel of his suit. His 0:21:40.280 --> 0:21:44.199 colleagues look satisfied in their sunglasses as Trey delivers his 0:21:44.320 --> 0:21:45.119 victory speech. 0:21:46.320 --> 0:21:50.240 Today, the jury has delivered a resounding verdict declaring green 0:21:50.320 --> 0:21:56.000 Piece's actions wrongful, unlawful, and unacceptable by societal standards. Green 0:21:56.040 --> 0:22:01.600 Peace maliciously misrepresented events within this unity in an unrelenting 0:22:01.640 --> 0:22:05.720 attempt to stop, by any means possible, the construction of 0:22:05.720 --> 0:22:09.520 a pipeline that had already obtained all of the necessary 0:22:09.960 --> 0:22:15.479 legal approvals. These are the facts, not the fake news 0:22:15.760 --> 0:22:20.040 of the Greenpeace propaganda machine. This is a resounding win 0:22:20.160 --> 0:22:23.600 for the people of Bismarck, the people of Manden and 0:22:23.720 --> 0:22:27.360 Morton County, as well as law enforcement officers who across 0:22:27.400 --> 0:22:31.240 this state diligently worked and risked their lives to maintain 0:22:31.720 --> 0:22:36.000 order in increasing chaos. This verdict serves as a powerful 0:22:36.280 --> 0:22:40.480 affirmation of the First Amendment. Peaceful protest is an inherent 0:22:40.800 --> 0:22:47.360 American right. However, violent and destructive protest is unlawful and unacceptable. 0:22:47.880 --> 0:22:50.680 This verdict clearly conveys. 0:22:50.359 --> 0:22:56.760 That the jury found Greenpeace Inc. Was liable for all 0:22:56.800 --> 0:23:01.120 of energy transfers on the ground damage claims, Green Pieace Ink, 0:23:01.200 --> 0:23:05.120 and Greenpeace International were guilty of conspiracy, and they said 0:23:05.200 --> 0:23:09.159 all three green Peace organizations committed tortious interference as well 0:23:09.200 --> 0:23:13.040 as defamation when they made their statements on police violence, 0:23:13.280 --> 0:23:18.480 tribal territory, and desecration of sacred sites. But we still 0:23:18.480 --> 0:23:21.560 don't know the dollar total of the damages, And another 0:23:21.640 --> 0:23:23.160 reporter asks. 0:23:23.480 --> 0:23:25.840 Thank you, mister Cox, you have what's total number? 0:23:26.960 --> 0:23:28.880 It's close to seven hundred million dollars. 0:23:30.119 --> 0:23:33.760 I kind of can't believe my ears. Wait did he say, 0:23:34.000 --> 0:23:37.480 I mean I recorded it? Did he say sex seven 0:23:37.560 --> 0:23:38.280 hundred million? 0:23:38.359 --> 0:23:43.840 Okay, yeah, over twice the amount of the actual lawsuit. 0:23:44.200 --> 0:23:47.840 That's Candy mossit white again. Can you share your reaction 0:23:47.960 --> 0:23:48.439 to all of this. 0:23:48.920 --> 0:23:52.280 It's absolutely bullshit one hundred percent. None of these people 0:23:52.320 --> 0:23:54.400 that are leaving are from here for one thing. 0:23:54.640 --> 0:23:56.880 They're all going back to Texas, Louisiana. 0:23:56.920 --> 0:23:57.720 I'm from here. 0:23:58.280 --> 0:24:01.479 Nobody asked us times what we wanted to do. 0:24:01.640 --> 0:24:03.160 This is absolutely bullshit. 0:24:03.240 --> 0:24:07.400 This verdict was absolutely biased one hundred percent. And yes, 0:24:07.440 --> 0:24:11.200 I'm emotional because my kids go to school here, because 0:24:11.320 --> 0:24:13.679