1
00:00:01,160 --> 00:00:04,080
Speaker 1: I'm sitting in the courtroom in Morton County, North Dakota.

2
00:00:04,880 --> 00:00:08,800
Speaker 1: Jury selection wrapped up yesterday and today the Energy Transfer

3
00:00:08,960 --> 00:00:14,440
Speaker 1: versus Greenpeace trial has officially begun. Energy Transfer's lawyer, Trey

4
00:00:14,480 --> 00:00:19,959
Speaker 1: Cox delivers his opening statement. Energy Transfer did everything bright

5
00:00:20,040 --> 00:00:22,720
Speaker 1: as it prepared to build the Dakota Access Pipeline. Trey

6
00:00:22,760 --> 00:00:27,120
Speaker 1: assures the jury there were protests, they were small, they

7
00:00:27,160 --> 00:00:34,159
Speaker 1: were quiet. He says, now enter green Peace. Several photos

8
00:00:34,159 --> 00:00:37,520
Speaker 1: pop up on screens throughout the courtroom. Here they are,

9
00:00:37,760 --> 00:00:42,120
Speaker 1: Trey explains, these are the Green Piece six. Not a

10
00:00:42,159 --> 00:00:45,680
Speaker 1: single one of them lives in this community. These people

11
00:00:45,680 --> 00:00:50,680
Speaker 1: are professionals. They embed in a location, then they escalate.

12
00:00:51,479 --> 00:00:55,120
Speaker 1: They are trained in how to teach people how to protest.

13
00:00:56,360 --> 00:00:59,280
Speaker 1: Trey says he's going to prove that the environmental nonprofit

14
00:00:59,400 --> 00:01:04,039
Speaker 1: secretly planned, organized, and funded a game plan to stop

15
00:01:04,120 --> 00:01:08,880
Speaker 1: construction of the Dakota Access Pipeline. Greenpeace attempted to make

16
00:01:09,000 --> 00:01:14,480
Speaker 1: Energy Transfer look like Satan himself, he says. Shame on them.

17
00:01:14,680 --> 00:01:17,800
Speaker 1: He exclaims, they thought they could do it in secret.

18
00:01:18,319 --> 00:01:20,639
Speaker 1: They thought that we wouldn't be smart enough to figure

19
00:01:20,680 --> 00:01:25,640
Speaker 1: out what they did. He concludes. Today starts the day

20
00:01:25,920 --> 00:01:31,480
Speaker 1: of reckoning. I'll admit it. The vibes are fiery, and

21
00:01:31,560 --> 00:01:34,880
Speaker 1: I say let's go. If Energy Transfer is finally about

22
00:01:34,920 --> 00:01:36,920
Speaker 1: to show us the dirt they say they have on

23
00:01:36,920 --> 00:01:41,480
Speaker 1: this huge nonprofit, my pen and notebook are ready. This

24
00:01:41,640 --> 00:01:44,560
Speaker 1: season of Drilled, we bring you Slapped, the story of

25
00:01:44,600 --> 00:01:48,760
Speaker 1: an indigenous nation fighting for its water, an environmental nonprofit

26
00:01:48,880 --> 00:01:52,760
Speaker 1: facing extinction, and an energy giant using the courts to

27
00:01:52,840 --> 00:02:14,320
Speaker 1: punish protesters. I'm Ellen Brown. The idea of Greenpeace as

28
00:02:14,360 --> 00:02:18,079
Speaker 1: a radical boogeyman is something oil companies and their lawyers

29
00:02:18,160 --> 00:02:19,399
Speaker 1: trot out a lot.

30
00:02:19,560 --> 00:02:22,840
Speaker 2: If I were an evil corporate lawyer, I too would

31
00:02:22,880 --> 00:02:23,760
Speaker 2: go after green Peace.

32
00:02:24,320 --> 00:02:27,480
Speaker 1: Frank Zelko is a historian at the University of Hawaii.

33
00:02:28,200 --> 00:02:31,040
Speaker 1: He wrote a big book on green Peace. It's called

34
00:02:31,320 --> 00:02:34,560
Speaker 1: Make It a Green Peace. He says Greenpeace has a

35
00:02:34,680 --> 00:02:38,720
Speaker 1: very particular history. It was founded just as the contemporary

36
00:02:38,800 --> 00:02:42,680
Speaker 1: environmental movement was taking off in the nineteen seventies. They

37
00:02:42,720 --> 00:02:46,000
Speaker 1: started out finding nuclear testing and then moved on to

38
00:02:46,040 --> 00:02:49,640
Speaker 1: protecting marine life. But what set them apart from any

39
00:02:49,680 --> 00:02:53,799
Speaker 1: other environmental organization at the time were these dramatic protest

40
00:02:53,880 --> 00:02:54,800
Speaker 1: actions at sea.

41
00:02:55,560 --> 00:02:58,240
Speaker 2: They were discussing what they would do. Once they found

42
00:02:58,240 --> 00:03:01,920
Speaker 2: some wiling ships in the Pacific, they decided they needed

43
00:03:01,960 --> 00:03:04,200
Speaker 2: to put their bodies on the line in some way.

44
00:03:04,560 --> 00:03:07,320
Speaker 2: That evolved into well, let's like, you know, put ourselves

45
00:03:07,400 --> 00:03:10,120
Speaker 2: between the whales and the harpoon boat.

46
00:03:13,880 --> 00:03:18,119
Speaker 3: They started off conducted a series of very grueling zodiac exercises.

47
00:03:19,000 --> 00:03:23,880
Speaker 1: Sensational direct action became green Piece's brand, and green Peace

48
00:03:23,919 --> 00:03:27,720
Speaker 1: was media savvy. In fact, the original group included journalists.

49
00:03:28,320 --> 00:03:32,040
Speaker 1: These were people that knew how to tell a story. Also,

50
00:03:32,160 --> 00:03:35,600
Speaker 1: they weren't just a North American organization, they were international.

51
00:03:36,520 --> 00:03:39,880
Speaker 2: They became, probably by the eighties, the most well known

52
00:03:39,960 --> 00:03:43,360
Speaker 2: environmental organization in the world. Not the richest or the biggest,

53
00:03:43,440 --> 00:03:45,840
Speaker 2: but certainly the one that grew the most headlines.

54
00:03:46,160 --> 00:03:49,240
Speaker 1: For the purposes of our story, it's also helpful to

55
00:03:49,320 --> 00:03:54,400
Speaker 1: know that green pieces relationships with Indigenous people were spotty.

56
00:03:58,040 --> 00:04:01,600
Speaker 1: Green Piece's efforts to save sea cretures sometimes took aim

57
00:04:01,680 --> 00:04:06,320
Speaker 1: at indigenous practices. For example, an anti seal hunting campaign

58
00:04:06,400 --> 00:04:10,080
Speaker 1: Greenpeace launched in the nineteen seventies destroyed a major income

59
00:04:10,120 --> 00:04:12,240
Speaker 1: stream for Indigenous nations.

60
00:04:12,840 --> 00:04:16,440
Speaker 4: First of all, harvest is the only economic source that

61
00:04:16,480 --> 00:04:20,719
Speaker 4: we have here on Saint Paul, it's the way that

62
00:04:20,760 --> 00:04:25,080
Speaker 4: people earn their money. But I'm not sure that's good

63
00:04:25,160 --> 00:04:28,240
Speaker 4: enough argument anymore with all the environmental that's attacking the

64
00:04:28,720 --> 00:04:29,760
Speaker 4: differicueal harvest.

65
00:04:30,400 --> 00:04:33,279
Speaker 1: But in recent years the nonprofit has really tried to

66
00:04:33,320 --> 00:04:36,919
Speaker 1: make amends. They made working closely with indigenous people a

67
00:04:36,920 --> 00:04:40,240
Speaker 1: big part of their strategy. But one thing Greenpeace has

68
00:04:40,240 --> 00:04:45,240
Speaker 1: done all along is commit to avoiding violence or property damage.

69
00:04:45,560 --> 00:04:50,120
Speaker 2: Early on in Greenpeace's history they made it very clear that,

70
00:04:50,279 --> 00:04:53,400
Speaker 2: you know, nonviolence was key, and they've you know, drown

71
00:04:53,440 --> 00:04:58,080
Speaker 2: the line ever since that we will never endanger people

72
00:04:58,360 --> 00:05:03,240
Speaker 2: in our protests and we won't deliberately destroy property.

73
00:05:03,640 --> 00:05:06,960
Speaker 1: Still, companies and governments began to label their actions as

74
00:05:07,120 --> 00:05:08,120
Speaker 1: eco terrorism.

75
00:05:08,760 --> 00:05:13,280
Speaker 2: I don't think there's any credible examples of anything remotely

76
00:05:13,680 --> 00:05:16,960
Speaker 2: like something you could describe as eco terrorism in green

77
00:05:17,000 --> 00:05:21,440
Speaker 2: peaces past, unless you know, you reframe eco terrorism as

78
00:05:21,480 --> 00:05:24,960
Speaker 2: a bunch of people just blocking bulldozers or hanging a

79
00:05:25,000 --> 00:05:28,400
Speaker 2: banner between you know, a couple of chimneys or under

80
00:05:28,400 --> 00:05:29,600
Speaker 2: a bridge or something like that.

81
00:05:30,080 --> 00:05:34,200
Speaker 1: But criminalizing environmental activism has long been a corporate strategy

82
00:05:34,320 --> 00:05:39,200
Speaker 1: to get critics off companies backs, so have lawsuits can

83
00:05:39,240 --> 00:05:41,159
Speaker 1: you kind of just take me back to when you

84
00:05:41,279 --> 00:05:45,560
Speaker 1: first heard about, you know, the federal RICO suit that

85
00:05:45,680 --> 00:05:46,880
Speaker 1: Energy Transfer filed.

86
00:05:47,240 --> 00:05:48,560
Speaker 5: Yeah, I remember it well.

87
00:05:49,240 --> 00:05:53,200
Speaker 1: Deepa Padmanaba is a senior legal advisor for Greenpeace. I

88
00:05:53,240 --> 00:05:54,960
Speaker 1: talked with her before the trial began.

89
00:05:56,000 --> 00:05:58,880
Speaker 5: I was about six and a half months pregnant with

90
00:05:58,880 --> 00:06:04,520
Speaker 5: my first child, so my memory is a little hazy

91
00:06:04,520 --> 00:06:07,960
Speaker 5: from that point. This one came at a very big surprise,

92
00:06:08,240 --> 00:06:14,000
Speaker 5: just because the Greenpeace entities had such little involvement with

93
00:06:14,240 --> 00:06:19,479
Speaker 5: anything associated with Standing Rock, from communications to on the

94
00:06:19,520 --> 00:06:22,000
Speaker 5: ground presence. So this one perplexed us.

95
00:06:22,480 --> 00:06:25,719
Speaker 1: But as DIPA tried to figure out why Energy Transfer

96
00:06:25,760 --> 00:06:27,960
Speaker 1: had targeted them, one thing stood out.

97
00:06:28,600 --> 00:06:33,520
Speaker 5: At that time, we were already dealing with another massive

98
00:06:33,600 --> 00:06:35,640
Speaker 5: slapsuit filed in federal court.

99
00:06:37,400 --> 00:06:43,120
Speaker 1: Against slap stance for strategic lawsuit against public participation. Slapsuits

100
00:06:43,120 --> 00:06:47,200
Speaker 1: are about using the court system to silence powerful people's critics.

101
00:06:48,920 --> 00:06:51,960
Speaker 1: Just before the Standing Rock movement took off in twenty sixteen,

102
00:06:52,279 --> 00:06:55,920
Speaker 1: a law firm called casswitzpenceon Torres had filed a separate

103
00:06:56,000 --> 00:06:59,520
Speaker 1: RICO suit against Greenpeace. It's a firm that Donald Trump

104
00:06:59,640 --> 00:07:03,520
Speaker 1: is higher. Repeatedly this RICO suit was on behalf of

105
00:07:03,520 --> 00:07:07,279
Speaker 1: a timber company called Resolute Forest Products. They claimed that

106
00:07:07,360 --> 00:07:12,480
Speaker 1: green Peace Canada's anti logging campaign, which targeted Resolute, amounted

107
00:07:12,480 --> 00:07:17,600
Speaker 1: to racketeering, defamation, and tortuous interference, which is just what

108
00:07:17,720 --> 00:07:21,800
Speaker 1: Energy Transfer would accuse Greenpeace of. About a year later, and.

109
00:07:21,800 --> 00:07:24,680
Speaker 5: As we forward to August of twenty seventeen, the complaints

110
00:07:24,720 --> 00:07:27,520
Speaker 5: looked very similar. It was the same attorneys, it was

111
00:07:27,560 --> 00:07:32,840
Speaker 5: the same allegations of a RICO conspiracy, and it was

112
00:07:33,240 --> 00:07:37,440
Speaker 5: the same attempt to just scare us into silence and bankrupt.

113
00:07:37,080 --> 00:07:40,880
Speaker 1: Us energy transfers. Arguments seemed to be cut from a

114
00:07:40,920 --> 00:07:45,600
Speaker 1: pattern created by Cassowits. The Gibson dun firm was involved

115
00:07:45,640 --> 00:07:48,720
Speaker 1: in developing the lawsuit early on and then took over

116
00:07:48,760 --> 00:07:53,240
Speaker 1: the suit again years later. These two firms, with histories

117
00:07:53,280 --> 00:07:57,160
Speaker 1: of using RICO to go after environmental defenders, apparently tag

118
00:07:57,200 --> 00:08:02,119
Speaker 1: teamed the lawsuit against green Peace. Cassowitz spokesperson Email Drilled

119
00:08:02,120 --> 00:08:07,000
Speaker 1: a statement. It read, the firm spearheaded energy transfer suits

120
00:08:07,040 --> 00:08:10,560
Speaker 1: against those who wrongfully targeted these projects, and we are

121
00:08:10,680 --> 00:08:15,560
Speaker 1: gratified that energy Transfer ultimately achieved such a successful result.

122
00:08:16,440 --> 00:08:18,560
Speaker 1: I tried to get energy Transfer in their lawyers at

123
00:08:18,560 --> 00:08:20,520
Speaker 1: Gibson done on the phone to talk me through their

124
00:08:20,600 --> 00:08:24,840
Speaker 1: legal fight. They all said no to multiple interview requests.

125
00:08:24,920 --> 00:08:28,200
Speaker 1: So deepa walk me through the claims in detail. Remember,

126
00:08:28,360 --> 00:08:32,160
Speaker 1: Energy Transfer's initial federal RICO suit against Greenpeace was dismissed

127
00:08:32,160 --> 00:08:34,920
Speaker 1: in twenty nineteen because the pipeline company didn't have the

128
00:08:35,000 --> 00:08:39,160
Speaker 1: evidence to prove racketeering. The case was refiled in North

129
00:08:39,200 --> 00:08:43,480
Speaker 1: Dakota State court. This new case alleged a conspiracy rather

130
00:08:43,520 --> 00:08:47,240
Speaker 1: than RICO. North Dakota is a major oil and gas state,

131
00:08:47,760 --> 00:08:52,520
Speaker 1: experienced some of the Standing Rock protests firsthand, and happens

132
00:08:52,520 --> 00:08:54,720
Speaker 1: to be one of the fifteen states in the country

133
00:08:54,840 --> 00:08:57,640
Speaker 1: that does not have an anti slap law on the books.

134
00:08:58,559 --> 00:09:02,400
Speaker 5: The claims in that lawsuit fall into three what I

135
00:09:02,440 --> 00:09:04,520
Speaker 5: called three major buckets. So one is a set of

136
00:09:04,600 --> 00:09:07,880
Speaker 5: defamation claims, you know, claims that they said, we spread

137
00:09:07,920 --> 00:09:09,959
Speaker 5: these false statements that cause them harm.

138
00:09:10,520 --> 00:09:14,160
Speaker 1: Energy transfers as green Peace committed defamation by accusing them

139
00:09:14,160 --> 00:09:17,959
Speaker 1: of deliberately desecrating sacred sites, by accusing them of putting

140
00:09:17,960 --> 00:09:21,040
Speaker 1: the pipeline on the Standing Rocks tribe's land, and by

141
00:09:21,080 --> 00:09:25,880
Speaker 1: accusing police and private security of being violent toward nonviolent protesters.

142
00:09:28,240 --> 00:09:31,079
Speaker 1: I can tell you these statements have been repeated far

143
00:09:31,160 --> 00:09:34,240
Speaker 1: and wide over the past decade, and no evidence I've

144
00:09:34,320 --> 00:09:38,680
Speaker 1: seen indicates they originated with green Peace. But Energy Transfer

145
00:09:38,760 --> 00:09:41,720
Speaker 1: is saying that green Peace used these statements to convince

146
00:09:41,800 --> 00:09:45,720
Speaker 1: people to go to Standing Rock and protest the pipeline.

147
00:09:45,800 --> 00:09:49,440
Speaker 5: The second big bucket are tortious interference claims.

148
00:09:50,040 --> 00:09:52,840
Speaker 1: This is a money thing. The Standing Rock movement included

149
00:09:52,880 --> 00:09:55,000
Speaker 1: a big effort to get banks that were funding the

150
00:09:55,040 --> 00:09:57,199
Speaker 1: Dakota Access Pipeline to divest.

151
00:09:57,720 --> 00:09:59,960
Speaker 5: So they claimed we made all these statements to banks,

152
00:10:00,640 --> 00:10:03,760
Speaker 5: and those statements cause banks to either pull out of

153
00:10:03,800 --> 00:10:07,640
Speaker 5: the decode Access pipeline project, cause them you know, refine

154
00:10:07,679 --> 00:10:11,200
Speaker 5: it huge refinancing costs, things like that. And then the

155
00:10:11,240 --> 00:10:14,000
Speaker 5: third bucket of claims are on the ground claim So

156
00:10:14,040 --> 00:10:17,880
Speaker 5: those are things like conversion and trespass where they allege

157
00:10:18,320 --> 00:10:22,280
Speaker 5: huge amounts of damages for delays and for you know,

158
00:10:22,400 --> 00:10:25,400
Speaker 5: direct damages related to construction equipment and things like that.

159
00:10:26,640 --> 00:10:29,520
Speaker 1: The Standing Rock movement is best known for protests that

160
00:10:29,559 --> 00:10:34,560
Speaker 1: attempted to physically block construction. Energy Transfer is arguing in

161
00:10:34,559 --> 00:10:39,400
Speaker 1: that those actions were orchestrated by Greenpeace. The conspiracy charges

162
00:10:39,600 --> 00:10:43,439
Speaker 1: tiele this together. To prove a conspiracy, you need people

163
00:10:43,600 --> 00:10:46,920
Speaker 1: or groups to be plotting together to do something unlawful.

164
00:10:47,640 --> 00:10:50,720
Speaker 1: It's boring but important to understand that Green Piece is

165
00:10:50,760 --> 00:10:55,320
Speaker 1: actually a network of independently run organizations based around the world.

166
00:10:55,679 --> 00:10:57,880
Speaker 1: I'm going to spare you all the details, but you

167
00:10:57,880 --> 00:11:00,760
Speaker 1: should know that the green Peace organizations and Transfer is

168
00:11:00,840 --> 00:11:04,320
Speaker 1: targeting are green Peace International, which coordinates some of the

169
00:11:04,360 --> 00:11:08,600
Speaker 1: things green Peace national and regional organizations do, green Peace Inc.

170
00:11:08,760 --> 00:11:11,880
Speaker 1: Which does activism in the US, and green Peace Fund,

171
00:11:12,360 --> 00:11:14,880
Speaker 1: also based in the US, but exists to fund certain

172
00:11:14,920 --> 00:11:19,360
Speaker 1: green Peace activities. Energy Transfer by now already dropped half

173
00:11:19,400 --> 00:11:22,679
Speaker 1: of the supposed conspirators from the case. That's Cody Hall,

174
00:11:22,880 --> 00:11:27,079
Speaker 1: Crystal Tubles, and Red Warrior Society. The conspiracy theory they're

175
00:11:27,120 --> 00:11:30,000
Speaker 1: going with at this point involved just the different green

176
00:11:30,040 --> 00:11:36,640
Speaker 1: Peace organizations conspiring with each other. Energy Transfer calls their

177
00:11:36,679 --> 00:11:40,400
Speaker 1: first witness and Lucky me. He is a celebrity of

178
00:11:40,440 --> 00:11:44,800
Speaker 1: my imagination, Mike Futch. This dude's name has come up

179
00:11:44,840 --> 00:11:48,240
Speaker 1: about a bazillion times as I've investigated the pipeline company's

180
00:11:48,280 --> 00:11:52,360
Speaker 1: activities during the Standing Rock movement. He's a towering bald

181
00:11:52,440 --> 00:11:55,600
Speaker 1: man with broad shoulders and an American flag pin on

182
00:11:55,600 --> 00:11:59,559
Speaker 1: the lapel of his suit. Mike was the project manager

183
00:11:59,559 --> 00:12:02,520
Speaker 1: for the north the CODA section of the Dakota Access Pipeline.

184
00:12:03,160 --> 00:12:10,839
Speaker 1: Remember that incident where the private security dogs attacked water protectors.

185
00:12:08,760 --> 00:12:11,520
Speaker 6: Man protester.

186
00:12:12,920 --> 00:12:13,640
Speaker 7: Protesters.

187
00:12:14,400 --> 00:12:16,560
Speaker 6: Are you telling the dogs to bite the protester?

188
00:12:20,679 --> 00:12:23,640
Speaker 1: Mike says it was the protesters, not private security in

189
00:12:23,679 --> 00:12:27,760
Speaker 1: their dogs, that were violent. The only violence was when

190
00:12:27,800 --> 00:12:31,800
Speaker 1: protesters came on to private property and attacked us. We

191
00:12:31,800 --> 00:12:36,280
Speaker 1: were always in retreat, he says. He counts property damage

192
00:12:36,280 --> 00:12:39,000
Speaker 1: as part of that violence. He talks about how the

193
00:12:39,040 --> 00:12:44,040
Speaker 1: pipeline opponents cut hydraulicoses, booby trapped equipment, filled gas tanks

194
00:12:44,040 --> 00:12:47,800
Speaker 1: with sand and gravel, spray painted cabin windows, and busted

195
00:12:47,840 --> 00:12:51,560
Speaker 1: up equipment gages. And in the trial days that follow

196
00:12:52,000 --> 00:12:55,360
Speaker 1: five law enforcement officers take the stand and back him up.

197
00:12:56,160 --> 00:12:58,760
Speaker 1: All of them seemed to agree that the protesters were

198
00:12:58,760 --> 00:13:01,280
Speaker 1: the violent ones. But some of the things that they're

199
00:13:01,320 --> 00:13:05,560
Speaker 1: describing don't totally seem like violence to me. Here's Jason's

200
00:13:05,559 --> 00:13:08,520
Speaker 1: google Meyer, Deputy chief of the Bismarck Police Department.

201
00:13:09,160 --> 00:13:12,720
Speaker 8: It's not peaceful when you block a Highway whenever you

202
00:13:12,800 --> 00:13:16,880
Speaker 8: want and without warning, and they did that all the time.

203
00:13:17,800 --> 00:13:20,640
Speaker 1: Jason declined my request for an interview, but he spoke

204
00:13:20,679 --> 00:13:24,000
Speaker 1: with Rob Rice, that propaganda guy hired by Energy Transfers

205
00:13:24,040 --> 00:13:28,080
Speaker 1: private security contractor Tiger Swan. The interview was included in

206
00:13:28,120 --> 00:13:31,319
Speaker 1: a documentary they posted on Facebook back when the protests

207
00:13:31,360 --> 00:13:32,120
Speaker 1: were still going on.

208
00:13:32,679 --> 00:13:35,160
Speaker 8: We didn't even want to rest anybody that day. We

209
00:13:35,280 --> 00:13:38,600
Speaker 8: just got in a line and systematically just pushed forward

210
00:13:39,400 --> 00:13:41,679
Speaker 8: and tried to be as nice as we could about it.

211
00:13:42,000 --> 00:13:45,880
Speaker 8: Then it turned into they started burning vehicles in our way.

212
00:13:46,280 --> 00:13:49,600
Speaker 8: They started throwing all top cocktails at us, that were

213
00:13:49,600 --> 00:13:53,559
Speaker 8: throwing logs, rocks, whatever they could at us. We had

214
00:13:53,559 --> 00:13:57,680
Speaker 8: no option other than to move forward, and we did

215
00:13:57,720 --> 00:14:00,680
Speaker 8: have to use some amount of force, but opinion there

216
00:14:00,760 --> 00:14:02,200
Speaker 8: was a minimum mode of force.

217
00:14:02,960 --> 00:14:05,880
Speaker 1: Jason and the other police officers did share some first

218
00:14:05,880 --> 00:14:08,160
Speaker 1: hand accounts of what I think falls under a more

219
00:14:08,200 --> 00:14:12,560
Speaker 1: typical definition of violence. Jason testifies that he and his

220
00:14:12,600 --> 00:14:16,559
Speaker 1: family received threats from pipeline opponents. They feared for their

221
00:14:16,600 --> 00:14:18,920
Speaker 1: lives and left their home for a few days at

222
00:14:18,960 --> 00:14:24,200
Speaker 1: the FBI's suggestion. Another officer, Lieutenant Brian Steele, says that

223
00:14:24,280 --> 00:14:26,560
Speaker 1: during one protest he got hit in the back with

224
00:14:26,600 --> 00:14:29,760
Speaker 1: a big rock. Cy Wagner was one of the Greenpeace

225
00:14:29,800 --> 00:14:32,760
Speaker 1: staffers who went to Standing Rock. He was called to

226
00:14:32,800 --> 00:14:36,920
Speaker 1: testify too, and her testimony from Energy Transfers public relations

227
00:14:36,920 --> 00:14:40,240
Speaker 1: executive who said she also dealt with threats during the

228
00:14:40,280 --> 00:14:41,440
Speaker 1: protests and.

229
00:14:41,400 --> 00:14:44,360
Speaker 9: It was powerful that they received threats. It's a real thing.

230
00:14:45,400 --> 00:14:46,560
Speaker 9: There were harm in this way.

231
00:14:47,040 --> 00:14:50,600
Speaker 1: He was sympathetic, but he felt the testimony was missing

232
00:14:50,640 --> 00:14:54,120
Speaker 1: a big part of the story, the tactics and tools

233
00:14:54,200 --> 00:14:57,440
Speaker 1: used against water Protectors, like rubber bullets.

234
00:14:58,200 --> 00:15:01,240
Speaker 9: We didn't even talk about the the dog bites, the

235
00:15:01,280 --> 00:15:04,120
Speaker 9: bullets that people took to the face. People all started

236
00:15:04,160 --> 00:15:07,160
Speaker 9: hearing from all the equipment that was brought, the military

237
00:15:07,200 --> 00:15:09,080
Speaker 9: equipment that was brought to there, and people were sprayed

238
00:15:09,120 --> 00:15:13,880
Speaker 9: in freezing temperatures, Like the trauma that people felt in

239
00:15:13,920 --> 00:15:16,200
Speaker 9: that space. We didn't talk about that. We didn't talk

240
00:15:16,200 --> 00:15:18,520
Speaker 9: about the harm that was done on people who were

241
00:15:18,680 --> 00:15:21,400
Speaker 9: there on the front line non violently.

242
00:15:22,600 --> 00:15:25,560
Speaker 1: After that night where police sprayed water hoses, at least

243
00:15:25,640 --> 00:15:29,880
Speaker 1: twenty six people were hospitalized, with dozens more injured. According

244
00:15:29,920 --> 00:15:33,720
Speaker 1: to the Water Protectors Medic Group. Multiple journalists were hit

245
00:15:33,720 --> 00:15:36,760
Speaker 1: with rubber bullets throughout the protests, and on a lot

246
00:15:36,800 --> 00:15:40,280
Speaker 1: of days police had guns loaded and ready to fire

247
00:15:40,320 --> 00:15:41,280
Speaker 1: on demonstrators.

248
00:15:42,280 --> 00:15:45,040
Speaker 7: They're all holding batons and guns, as you can tell.

249
00:15:46,120 --> 00:15:48,920
Speaker 10: And they started they stopped us up at the top

250
00:15:49,000 --> 00:15:51,400
Speaker 10: up there and started spraying and beating everybody on the

251
00:15:51,440 --> 00:15:52,080
Speaker 10: front line.

252
00:15:52,680 --> 00:15:55,680
Speaker 1: And that's what I remember. Energy Transfer says they're going

253
00:15:55,760 --> 00:15:58,760
Speaker 1: to prove that it was defamation for Greenpeace to say

254
00:15:58,760 --> 00:16:02,880
Speaker 1: that police in privates ccurity used violence against nonviolent protesters.

255
00:16:03,480 --> 00:16:06,960
Speaker 1: But I'm not seeing proof that no nonviolent people got

256
00:16:07,040 --> 00:16:14,000
Speaker 1: hurt by dogs, rubber bullets, or water hoses. Another Gibson

257
00:16:14,040 --> 00:16:17,000
Speaker 1: dun lawyer, whose name also happens to be Cox, comes

258
00:16:17,080 --> 00:16:20,600
Speaker 1: up to question Mike Footge and Cox number two carries

259
00:16:20,640 --> 00:16:24,720
Speaker 1: to the stand stack after stack of brown accordion folders.

260
00:16:25,320 --> 00:16:28,240
Speaker 1: Mike Fuotch confirms that each of these stacks are invoices

261
00:16:28,240 --> 00:16:32,840
Speaker 1: from a different security contractor. At one point, Cox number

262
00:16:32,840 --> 00:16:36,040
Speaker 1: two struggles to carry over one of the teetering piles.

263
00:16:37,240 --> 00:16:40,080
Speaker 1: Energy Transfer wants Greenpeace to pay them back for all

264
00:16:40,160 --> 00:16:43,560
Speaker 1: these invoices. When they tally it up later, it will

265
00:16:43,600 --> 00:16:47,160
Speaker 1: be over fifty million dollars. Some of the date to

266
00:16:47,240 --> 00:16:51,760
Speaker 1: early August, before Greenpeace employees arrived at Standing Rock, and

267
00:16:51,880 --> 00:16:55,520
Speaker 1: others date to twenty eighteen, literally years after they left.

268
00:16:56,600 --> 00:16:59,480
Speaker 1: With all this paper stacking up, There's something I'm wondering.

269
00:17:00,880 --> 00:17:04,240
Speaker 1: I'd looked through Energy transfers daily private security reports from

270
00:17:04,280 --> 00:17:07,680
Speaker 1: Standing Rock, where they were gathering intel on the movement's leaders.

271
00:17:08,280 --> 00:17:10,720
Speaker 1: Green Peace was hardly mentioned in those at all.

272
00:17:11,359 --> 00:17:14,800
Speaker 7: What you'll see, your honor, is those situational reports, which

273
00:17:14,840 --> 00:17:20,520
Speaker 7: were done every single day, do not reference green Peace

274
00:17:20,640 --> 00:17:24,360
Speaker 7: involved in any activity at or around the protest sites

275
00:17:25,000 --> 00:17:25,919
Speaker 7: at all.

276
00:17:27,040 --> 00:17:29,200
Speaker 1: This is Greenpeace's lawyer, Everett Jack.

277
00:17:29,960 --> 00:17:30,160
Speaker 10: No.

278
00:17:30,440 --> 00:17:33,280
Speaker 1: I didn't secretly record him in the trial, but he

279
00:17:33,400 --> 00:17:36,119
Speaker 1: did say basically the same thing during a pre trial

280
00:17:36,160 --> 00:17:38,400
Speaker 1: hearing that I was actually allowed to record.

281
00:17:39,840 --> 00:17:45,159
Speaker 7: The only place where those reports reference green Peace is

282
00:17:45,200 --> 00:17:52,080
Speaker 7: that they also tracked what was happening online and traffic online.

283
00:17:52,960 --> 00:17:54,720
Speaker 1: Here in the courtroom, none of the people on the

284
00:17:54,760 --> 00:17:57,520
Speaker 1: stands seem to know much about Greenpeace being involved at

285
00:17:57,560 --> 00:18:01,200
Speaker 1: Standing Rock, which seems like a huge problem for Energy

286
00:18:01,240 --> 00:18:04,960
Speaker 1: Transfer's case against them. Everett Jack brings that up again

287
00:18:05,160 --> 00:18:08,679
Speaker 1: when he cross examines Energy Transfer's project manager Mike Butch.

288
00:18:09,440 --> 00:18:11,760
Speaker 1: He says, for any of the security reports that you

289
00:18:11,840 --> 00:18:15,160
Speaker 1: saw or had access to. None of them had any

290
00:18:15,240 --> 00:18:18,040
Speaker 1: reference to any of the Greenpeace entities being on the

291
00:18:18,040 --> 00:18:20,520
Speaker 1: ground in North Dakota and running the show in the

292
00:18:20,520 --> 00:18:25,200
Speaker 1: main camp. Do they? I don't recall seeing that, Mike replies,

293
00:18:26,200 --> 00:18:28,719
Speaker 1: and if I told you that none of those reports

294
00:18:28,920 --> 00:18:32,639
Speaker 1: from any of those contractors said that, you wouldn't have

295
00:18:32,680 --> 00:18:36,160
Speaker 1: any reason to dispute that, would you? Everrett Jack asks,

296
00:18:36,800 --> 00:18:38,400
Speaker 1: as I sit here right now today.

297
00:18:38,800 --> 00:18:38,879
Speaker 10: No.

298
00:18:40,080 --> 00:18:42,360
Speaker 1: He also says that it wasn't his job to keep

299
00:18:42,440 --> 00:18:46,320
Speaker 1: up with the daily reports. If Greenpeace was actually the

300
00:18:46,359 --> 00:18:51,879
Speaker 1: mastermind of Standing Rock, wouldn't security have been tracking them.

301
00:18:52,040 --> 00:18:54,560
Speaker 1: Here's Everett Jack again from the pre trial hearing.

302
00:18:54,920 --> 00:18:58,520
Speaker 7: They were filming and reporting, taking pictures of everything that

303
00:18:58,600 --> 00:19:00,480
Speaker 7: was going on, if there was something going on there

304
00:19:00,720 --> 00:19:05,160
Speaker 7: the tastimony of their witness They looked at web postings,

305
00:19:05,200 --> 00:19:08,160
Speaker 7: they looked at movements of people activities in the camp,

306
00:19:08,160 --> 00:19:10,720
Speaker 7: and that was doable in part because people were infiltrating

307
00:19:10,760 --> 00:19:12,600
Speaker 7: the camp to find out what was going on.

308
00:19:13,400 --> 00:19:16,159
Speaker 1: None of the police officers who testify seem to remember

309
00:19:16,200 --> 00:19:21,000
Speaker 1: much about Greenpeace either. Energy Transfer's lawyer Cox number two

310
00:19:21,520 --> 00:19:24,119
Speaker 1: is able to point to a single police record that

311
00:19:24,200 --> 00:19:27,160
Speaker 1: describes a group from Greenpeace headed to stage of protest

312
00:19:27,280 --> 00:19:31,840
Speaker 1: with gas masks, but Sheriff Kyle Kirkmeyer says he doesn't

313
00:19:31,880 --> 00:19:36,320
Speaker 1: remember it. Sheriff Kirkmeyer does remember the reasons he believed

314
00:19:36,359 --> 00:19:39,600
Speaker 1: thousands of people were showing up to protest. He says

315
00:19:39,600 --> 00:19:42,320
Speaker 1: it was because the Standing Rocks two Tribes chairman invited

316
00:19:42,359 --> 00:19:44,600
Speaker 1: them there, and because of the dog attacks and the

317
00:19:44,640 --> 00:19:48,240
Speaker 1: explosion of social media at the time. The sheriff says

318
00:19:48,280 --> 00:19:51,640
Speaker 1: people came because of the controversial nature of the pipeline itself,

319
00:19:51,880 --> 00:19:56,280
Speaker 1: and because they believed the area was the tribe's unseated territory.

320
00:19:56,320 --> 00:20:00,600
Speaker 1: It's part of the treaty, the sheriff says, makes no

321
00:20:00,760 --> 00:20:06,560
Speaker 1: mention of a green Peace campaign. The next witnesses energy

322
00:20:06,600 --> 00:20:09,600
Speaker 1: transfers lawyers call up are Greenpieace people who couldn't be

323
00:20:09,640 --> 00:20:13,520
Speaker 1: at the trial in person. They're pre taped video depositions.

324
00:20:14,200 --> 00:20:17,360
Speaker 1: It's from them that we finally hear what Greenpeace actually

325
00:20:17,440 --> 00:20:21,680
Speaker 1: did do it. Standing Rock first is a green Peace

326
00:20:21,720 --> 00:20:25,719
Speaker 1: employee named Davy Cory. He's thin, with whitish hair and

327
00:20:25,960 --> 00:20:30,199
Speaker 1: icy blue eyes. Davey drove a trailer called the Rolling

328
00:20:30,280 --> 00:20:35,040
Speaker 1: Sunlight from Greenpiece's headquarters to Standing Rock. The Rolling Sunlight

329
00:20:35,119 --> 00:20:38,359
Speaker 1: was equipped with solar panels to provide electricity for media

330
00:20:38,359 --> 00:20:41,960
Speaker 1: and legal people. Davy says he spent many hours on

331
00:20:42,080 --> 00:20:44,680
Speaker 1: back roads in the country following the right of way

332
00:20:44,680 --> 00:20:48,840
Speaker 1: of the pipeline. He was scouting, he says, collecting information

333
00:20:49,000 --> 00:20:51,840
Speaker 1: about what was happening with construction and passing it along

334
00:20:51,880 --> 00:20:53,679
Speaker 1: to indigenous activists in the camp.

335
00:20:54,880 --> 00:20:58,600
Speaker 11: He then sent all of that information the diagram of

336
00:20:58,680 --> 00:21:05,160
Speaker 11: exactly along with a plan of how we could blockade.

337
00:21:04,520 --> 00:21:08,520
Speaker 1: That's energy transfers lawyer tray Cox. Again not a recording

338
00:21:08,520 --> 00:21:10,520
Speaker 1: from the trial, just the pre trial.

339
00:21:11,280 --> 00:21:17,720
Speaker 11: How we could blockade and attack and vandalize these toys, airplanes, bulldozers,

340
00:21:17,880 --> 00:21:24,359
Speaker 11: equipment to disrupt and prevent energy transfer from conducting the

341
00:21:24,880 --> 00:21:26,160
Speaker 11: Dapple pipeline.

342
00:21:26,600 --> 00:21:29,560
Speaker 1: He was referencing emails Davi sent, including one that now

343
00:21:29,640 --> 00:21:32,720
Speaker 1: flashes on the screen. It's from Davy to another Green

344
00:21:32,760 --> 00:21:36,960
Speaker 1: Pieace employee, dated October twenty sixteen. The company has a

345
00:21:37,000 --> 00:21:40,240
Speaker 1: place where all their toys are stored near the Bismarck area,

346
00:21:40,359 --> 00:21:44,720
Speaker 1: he writes. He suggests a protest strategy. If the entrances

347
00:21:44,760 --> 00:21:46,840
Speaker 1: were blocked, it would be very hard for them to

348
00:21:46,880 --> 00:21:50,200
Speaker 1: get to the job sites. Another Green Piace employee replies,

349
00:21:50,400 --> 00:21:54,000
Speaker 1: I just sent thirty straight boxes down, meaning lock boxes

350
00:21:54,240 --> 00:21:57,239
Speaker 1: plumbing pipes that protesters can use to lock themselves to

351
00:21:57,280 --> 00:22:01,679
Speaker 1: each other. As the video deposition plays, the jurors are

352
00:22:01,760 --> 00:22:05,399
Speaker 1: watching intently. Two of them have a hand to their mouths.

353
00:22:06,520 --> 00:22:09,399
Speaker 1: I imagine what they must be thinking. That this is

354
00:22:09,440 --> 00:22:13,600
Speaker 1: the guy, this is the outside agitator, the professional protester.

355
00:22:14,560 --> 00:22:16,960
Speaker 1: Trey Cox again from the pre trial hearing.

356
00:22:16,920 --> 00:22:20,440
Speaker 11: He was paid by green Peace to travel to Standing Rock.

357
00:22:20,520 --> 00:22:24,120
Speaker 11: He was not on vacation. He received his salary, green

358
00:22:24,160 --> 00:22:26,879
Speaker 11: Peace reimbursed him for all of his expenses.

359
00:22:27,320 --> 00:22:29,960
Speaker 1: Greenpeace lawyers point out that there's no evidence that this

360
00:22:30,080 --> 00:22:34,440
Speaker 1: protest Davy suggested ever, even happened, and Davy later told

361
00:22:34,440 --> 00:22:36,520
Speaker 1: me of her text that he did not supply a

362
00:22:36,600 --> 00:22:40,000
Speaker 1: diagram of how water protectors could do a blockade. He

363
00:22:40,080 --> 00:22:43,560
Speaker 1: also denied sharing ideas about how to attack and vandalize equipment.

364
00:22:44,200 --> 00:22:47,560
Speaker 1: He said doing so would not fit into a nonviolent campaign.

365
00:22:49,359 --> 00:22:52,600
Speaker 1: We learned that in total, six Green Piace employees visited

366
00:22:52,640 --> 00:22:55,679
Speaker 1: Standing Rock, some for a few days, others for a

367
00:22:55,680 --> 00:22:59,600
Speaker 1: few weeks. These are the guys trey Cox calls the

368
00:22:59,680 --> 00:23:00,320
Speaker 1: Green p.

369
00:23:00,640 --> 00:23:01,000
Speaker 4: Six.

370
00:23:01,480 --> 00:23:03,800
Speaker 1: For what it's worth, they all worked for Greenpeace, Inc.

371
00:23:04,240 --> 00:23:08,200
Speaker 1: No one from Greenfeace's fund or Greenpeace International visited Standing Rock.

372
00:23:08,880 --> 00:23:13,280
Speaker 1: Greenpeace Inc. Also donated some supplies. They provided about fifteen

373
00:23:13,320 --> 00:23:16,680
Speaker 1: thousand dollars to a group called Indigenous People's Power Project

374
00:23:16,840 --> 00:23:20,160
Speaker 1: or IP three, and some of the six Greenpeace employees

375
00:23:20,280 --> 00:23:27,439
Speaker 1: helped IP three run nonviolent direct action trainings. Nonviolent direct

376
00:23:27,480 --> 00:23:32,080
Speaker 1: action is basically civil disobedience protest actions meant to disrupt

377
00:23:32,119 --> 00:23:36,520
Speaker 1: an activity that the demonstrators view as unjust. At times,

378
00:23:36,680 --> 00:23:42,200
Speaker 1: those actions involved trespassing or disregarding police orders. But Energy

379
00:23:42,240 --> 00:23:45,639
Speaker 1: Transfer is saying that those training supported actions that caused

380
00:23:45,680 --> 00:23:50,000
Speaker 1: expensive construction delays and property damage. They're basing this in

381
00:23:50,080 --> 00:23:53,920
Speaker 1: part on internal emails where Greenpeace employees congratulate each other

382
00:23:54,080 --> 00:23:57,159
Speaker 1: for their role in the movement. Here's one of Energy

383
00:23:57,160 --> 00:24:00,360
Speaker 1: Transfer's lawyers at a pre trial hearing describing a green

384
00:24:00,359 --> 00:24:02,639
Speaker 1: Piece email also displayed during the trial.

385
00:24:03,000 --> 00:24:06,800
Speaker 12: So, then, what Miss Lambert says is these trainings reached

386
00:24:06,800 --> 00:24:11,040
Speaker 12: thousands of people and the peaceful and prayerful direct actions

387
00:24:11,080 --> 00:24:14,320
Speaker 12: that resulted in them were crucial for.

388
00:24:14,359 --> 00:24:17,040
Speaker 7: The Army Corps of Engineers to reach.

389
00:24:16,920 --> 00:24:20,239
Speaker 12: To deny the permit to cod access to cross the

390
00:24:20,240 --> 00:24:21,600
Speaker 12: Missouri at Lagwai.

391
00:24:22,480 --> 00:24:25,440
Speaker 1: Green Pieces Everet Jack said in the pre trial hearings

392
00:24:25,480 --> 00:24:28,119
Speaker 1: and in the trial that emails like this are not

393
00:24:28,320 --> 00:24:29,200
Speaker 1: solid evidence.

394
00:24:30,119 --> 00:24:33,040
Speaker 7: If I put on my game Jersey and my team wins,

395
00:24:33,880 --> 00:24:36,359
Speaker 7: and I said, geez, I put on my game Jersey.

396
00:24:36,160 --> 00:24:38,440
Speaker 10: And my team won, that must be why they won.

397
00:24:39,200 --> 00:24:40,800
Speaker 10: That is not the reason why they won.

398
00:24:41,720 --> 00:24:44,960
Speaker 1: Energy Transfer lawyers say that Green pieces total funding for

399
00:24:45,040 --> 00:24:48,480
Speaker 1: Standing Rock amounted to fifty five thousand dollars, though it

400
00:24:48,520 --> 00:24:51,600
Speaker 1: isn't clear how they got that number. They also show

401
00:24:51,800 --> 00:24:55,200
Speaker 1: that Green Pieces executive director at the time convinced several

402
00:24:55,240 --> 00:24:58,359
Speaker 1: foundations to donate a total of ninety thousand dollars to

403
00:24:58,400 --> 00:25:02,639
Speaker 1: the Standing Rock movement. It's not nothing, but the Tiger

404
00:25:02,680 --> 00:25:06,280
Speaker 1: Swan spreadsheets I'd previously reviewed showed that over eight million

405
00:25:06,400 --> 00:25:10,320
Speaker 1: dollars had come into the camps from crowdfunding alone. So yeah,

406
00:25:10,400 --> 00:25:14,160
Speaker 1: Greenpeace definitely contributed money to Standing Rock, but not much

407
00:25:14,240 --> 00:25:17,560
Speaker 1: compared to all the cash flowing it. And yes, they

408
00:25:17,600 --> 00:25:20,800
Speaker 1: sent six employees, but that's compared to a movement that

409
00:25:20,880 --> 00:25:24,920
Speaker 1: included tens of thousands of people. But let's put money

410
00:25:24,920 --> 00:25:29,240
Speaker 1: and people aside. Energy Transfer is also saying that Greenpeace

411
00:25:29,320 --> 00:25:33,560
Speaker 1: launched a communications campaign that was full of lies, and

412
00:25:33,600 --> 00:25:37,000
Speaker 1: those lies got people to show up and also got

413
00:25:37,080 --> 00:25:40,879
Speaker 1: banks to back away from the pipeline company. Except that

414
00:25:40,960 --> 00:25:44,680
Speaker 1: the very first infammatory statement Energy Transfer claims Greenpeace made

415
00:25:44,880 --> 00:25:50,160
Speaker 1: didn't happen until two months after those dog attacks went viral. Honestly,

416
00:25:50,440 --> 00:25:53,520
Speaker 1: green Piece's post about Standing Rock never crossed my radar.

417
00:25:54,240 --> 00:25:56,840
Speaker 1: There were just so many other social media posts from

418
00:25:56,840 --> 00:25:59,760
Speaker 1: people who were there. The thing that is blowing my

419
00:25:59,800 --> 00:26:02,920
Speaker 1: mind is the scale of what Energy Transfer wants green

420
00:26:02,960 --> 00:26:06,879
Speaker 1: Peace to pay for. Here's green Piece's ever at Jack

421
00:26:07,040 --> 00:26:08,280
Speaker 1: from a pre trial hearing.

422
00:26:08,680 --> 00:26:11,760
Speaker 7: What planeifs want to do is attribute the actions of

423
00:26:12,000 --> 00:26:15,879
Speaker 7: every single one of them to green Piece. That is

424
00:26:16,040 --> 00:26:17,120
Speaker 7: not supportive by the law.

425
00:26:18,080 --> 00:26:20,680
Speaker 1: Energy Transfer doesn't just want green Peace to pay for

426
00:26:20,760 --> 00:26:24,119
Speaker 1: its security expenses. Trey Cox sells the jurors that the

427
00:26:24,160 --> 00:26:27,399
Speaker 1: pipeline company had to spend seven million dollars on pr

428
00:26:27,480 --> 00:26:30,359
Speaker 1: firms to deal with the protests. They spent eight and

429
00:26:30,359 --> 00:26:32,720
Speaker 1: a half million on the ranch that the most controversial

430
00:26:32,760 --> 00:26:36,679
Speaker 1: part of the pipeline passed through. They paid contractors fourteen

431
00:26:36,720 --> 00:26:40,720
Speaker 1: and a half million extra due to changes in construction plans,

432
00:26:41,280 --> 00:26:43,760
Speaker 1: and they lost almost one hundred million when they had

433
00:26:43,800 --> 00:26:47,280
Speaker 1: to delay the refinancing of their loan. They want green

434
00:26:47,320 --> 00:26:50,199
Speaker 1: Peace to pay back what looks like nearly every penny

435
00:26:50,240 --> 00:26:53,280
Speaker 1: they spent to respond to the protests, as if green

436
00:26:53,320 --> 00:26:58,120
Speaker 1: Piece was alone in making all of this happen. As

437
00:26:58,119 --> 00:27:00,200
Speaker 1: the days tick by and we get into weeks two

438
00:27:00,240 --> 00:27:02,840
Speaker 1: of the trial, I'm still sort of waiting for the

439
00:27:02,840 --> 00:27:06,280
Speaker 1: smoking gun. It's clear that some of the Greenpeace people

440
00:27:06,320 --> 00:27:10,520
Speaker 1: participated in a few protests, but Energy Transfer hasn't shown

441
00:27:10,520 --> 00:27:14,600
Speaker 1: evidence connecting green Peace trainings or funding to the waves

442
00:27:14,600 --> 00:27:18,320
Speaker 1: of protests that were happening almost every day, nor has

443
00:27:18,359 --> 00:27:21,640
Speaker 1: it really tied green Peace to any major property destruction.

444
00:27:22,520 --> 00:27:25,800
Speaker 1: The math is not adding up for me, and I

445
00:27:25,880 --> 00:27:30,919
Speaker 1: start to wonder if energy Transfer actually might lose. But

446
00:27:30,960 --> 00:27:35,760
Speaker 1: then something happens that makes me question my sense of reality.

447
00:27:36,480 --> 00:27:38,679
Speaker 1: I've started to figure out who all the people in

448
00:27:38,720 --> 00:27:41,359
Speaker 1: the room are, especially those of us working in media.

449
00:27:42,320 --> 00:27:44,920
Speaker 1: The first few days I meet reporters from national outlets

450
00:27:44,920 --> 00:27:47,359
Speaker 1: like The Guardian and the New York Times, and even

451
00:27:47,359 --> 00:27:50,960
Speaker 1: an international reporter from the Financial Times. But by week

452
00:27:51,000 --> 00:27:53,560
Speaker 1: two it's down to me and a local reporter from

453
00:27:53,560 --> 00:27:57,080
Speaker 1: the North Dakota Monitor. And then there are the people

454
00:27:57,200 --> 00:28:01,439
Speaker 1: that I thought were reporters but aren't. There's Will Fewer.

455
00:28:02,160 --> 00:28:05,000
Speaker 1: He's young and very formally dressed in a blue suit.

456
00:28:05,920 --> 00:28:07,960
Speaker 1: When I chat him up, he's a little vague about

457
00:28:08,000 --> 00:28:11,560
Speaker 1: what he's actually doing here. I google him later and

458
00:28:11,600 --> 00:28:15,560
Speaker 1: realize that he works for DCI, a notorious public relations

459
00:28:15,600 --> 00:28:18,320
Speaker 1: firm and one that has worked for Energy Transfer for

460
00:28:18,359 --> 00:28:22,720
Speaker 1: a long time. And then there's another DCI guy, Craig Stevens.

461
00:28:23,200 --> 00:28:25,520
Speaker 1: He's been sitting in a corner of the courtroom reading

462
00:28:25,560 --> 00:28:28,760
Speaker 1: a copy of the Age of Innocence when things get dull.

463
00:28:30,119 --> 00:28:32,879
Speaker 1: He serves as a spokesperson for a group called Grow

464
00:28:32,920 --> 00:28:37,320
Speaker 1: American Infrastructure Now, which advertises itself as a coalition of

465
00:28:37,359 --> 00:28:40,160
Speaker 1: businesses and labor leaders who want pipelines to be built.

466
00:28:40,280 --> 00:28:44,960
Speaker 1: But it's been paid for by Energy Transfer. Legal filings

467
00:28:44,960 --> 00:28:47,920
Speaker 1: I reviewed before coming here confirmed that as of twenty

468
00:28:47,960 --> 00:28:51,440
Speaker 1: twenty three, Energy Transfer was paying the pr firm around

469
00:28:51,480 --> 00:28:55,480
Speaker 1: one hundred thousand dollars per month to keep Grow American

470
00:28:55,480 --> 00:29:00,720
Speaker 1: Infrastructure Now going. And then there's Evan Herman. He's nondescript.

471
00:29:01,280 --> 00:29:04,280
Speaker 1: He wears fitted sweaters, sometimes over a button up shirt,

472
00:29:04,480 --> 00:29:08,720
Speaker 1: and he's here every day scribbling down notes. Evan tells

473
00:29:08,760 --> 00:29:10,880
Speaker 1: me he is working for journalists with an outlet called

474
00:29:10,960 --> 00:29:14,480
Speaker 1: Legal Newsline, and at first I don't think anything of it,

475
00:29:15,200 --> 00:29:17,800
Speaker 1: but when I look up Legal news Line, I realize

476
00:29:17,840 --> 00:29:22,280
Speaker 1: it's connected to Central North Dakota News, those weird newspapers

477
00:29:22,320 --> 00:29:24,760
Speaker 1: that showed up with the homes of Morton County residents.

478
00:29:25,680 --> 00:29:28,720
Speaker 1: Central North Dakota News and Legal News Line are part

479
00:29:28,760 --> 00:29:32,520
Speaker 1: of a murky network of news like outlets that are

480
00:29:32,600 --> 00:29:36,720
Speaker 1: really fueled by right wing interests. Seriously, a New York

481
00:29:36,720 --> 00:29:39,760
Speaker 1: Times investigation found that some outlets in this network were

482
00:29:39,840 --> 00:29:45,040
Speaker 1: allowing corporate executives and Republican political operatives to order up articles.

483
00:29:45,800 --> 00:29:49,680
Speaker 1: The Times called it a pay to play network. Sites

484
00:29:49,720 --> 00:29:53,440
Speaker 1: like the Central North Dakota News are replacing serious journalism

485
00:29:53,600 --> 00:29:56,080
Speaker 1: in a lot of communities, and that seems to be

486
00:29:56,120 --> 00:30:00,400
Speaker 1: playing out in this courtroom. I figure i'd better invite

487
00:30:00,400 --> 00:30:03,360
Speaker 1: Evan to lunch and see what he'll tell me. And

488
00:30:03,400 --> 00:30:06,120
Speaker 1: at a certain point I start recording our conversation on

489
00:30:06,160 --> 00:30:10,920
Speaker 1: my phone. Evan calls himself a freelance investigative journalist on

490
00:30:11,000 --> 00:30:14,080
Speaker 1: his LinkedIn page, but at lunch, he admits to me

491
00:30:14,120 --> 00:30:16,800
Speaker 1: that he's not really here doing journalism.

492
00:30:17,120 --> 00:30:22,000
Speaker 3: I hardly call what I do journalism that facilitating articles.

493
00:30:21,600 --> 00:30:23,800
Speaker 1: He tells me. His first job for the network involved

494
00:30:23,800 --> 00:30:27,480
Speaker 1: talking to regular people from cities in the organization's coverage area.

495
00:30:28,080 --> 00:30:30,600
Speaker 1: He got them to comment on political topics of the day.

496
00:30:31,160 --> 00:30:33,760
Speaker 1: In one case, he says, that meant interviewing a local

497
00:30:33,800 --> 00:30:37,720
Speaker 1: person from Mandan about their experience with the Standing Rock protests.

498
00:30:38,120 --> 00:30:40,600
Speaker 13: The stories I heard of like, right, like, nothing to

499
00:30:40,640 --> 00:30:44,560
Speaker 13: do with greenbes, but the yeah, my daughter was traumatized

500
00:30:44,600 --> 00:30:49,480
Speaker 13: and they brought a pig's head and work they Yeah.

501
00:30:49,800 --> 00:30:53,160
Speaker 1: Evan is talking about this Thanksgiving protest in Mandan where

502
00:30:53,200 --> 00:30:56,120
Speaker 1: someone decided to carry around a pig's head on a stick.

503
00:30:56,920 --> 00:30:59,080
Speaker 1: It comes up all the time when I talk to

504
00:30:59,160 --> 00:31:03,040
Speaker 1: local residents about how they feel about the protests. Evan says.

505
00:31:03,040 --> 00:31:05,120
Speaker 1: One of his interviews was published in the Central North

506
00:31:05,200 --> 00:31:06,240
Speaker 1: Dakota News.

507
00:31:06,760 --> 00:31:08,200
Speaker 5: Yeah, I think one went in there.

508
00:31:08,640 --> 00:31:12,280
Speaker 1: Oh right, nothing to do with that, Evan says. For

509
00:31:12,360 --> 00:31:15,719
Speaker 1: this trial, he's simply sitting in the courtroom and taking notes.

510
00:31:16,320 --> 00:31:19,040
Speaker 1: He hands them over to his bosses and they turn

511
00:31:19,080 --> 00:31:22,440
Speaker 1: the notes into articles for Legal Newsline, which run without

512
00:31:22,480 --> 00:31:27,800
Speaker 1: a byeline. Sometimes I notice Central North Dakota news cross posts,

513
00:31:27,800 --> 00:31:32,120
Speaker 1: the legal news line pieces. Hevin acknowledges that the outlets

514
00:31:32,160 --> 00:31:35,440
Speaker 1: he works for are backed by Dick U Line, the

515
00:31:35,520 --> 00:31:37,440
Speaker 1: billionaire behind the box company.

516
00:31:38,280 --> 00:31:45,040
Speaker 13: He is very privately the biggest conservative and Republican causes

517
00:31:45,080 --> 00:31:45,719
Speaker 13: in the country.

518
00:31:46,000 --> 00:31:49,120
Speaker 1: Oh interesting, so he's kind of guided by his politics.

519
00:31:49,360 --> 00:31:50,800
Speaker 10: Yeah, in funding the.

520
00:31:52,720 --> 00:31:55,760
Speaker 1: It's definitely true that you Line is a big political donor,

521
00:31:55,960 --> 00:31:58,920
Speaker 1: and past reporters have connected the dots between him and

522
00:31:58,960 --> 00:32:01,840
Speaker 1: these weird media outs. But I think what was most

523
00:32:01,880 --> 00:32:05,040
Speaker 1: fascinating about talking with Evan was realizing that his sense

524
00:32:05,080 --> 00:32:08,280
Speaker 1: of how this trial was going was totally different from mine.

525
00:32:08,640 --> 00:32:12,360
Speaker 4: No, they're making a great case, cos I think is really.

526
00:32:12,680 --> 00:32:15,600
Speaker 13: Like look forget everything else, like to make it real

527
00:32:15,640 --> 00:32:18,240
Speaker 13: self for you look at their emails and that's what

528
00:32:18,320 --> 00:32:19,640
Speaker 13: made it hit, Like the openings.

529
00:32:19,720 --> 00:32:20,880
Speaker 5: Hey, he's kind of delivering on that.

530
00:32:21,120 --> 00:32:24,160
Speaker 13: So what I suggested the title for the next article

531
00:32:24,320 --> 00:32:25,920
Speaker 13: is a nexus is started coming again.

532
00:32:27,280 --> 00:32:30,240
Speaker 1: To me, this case is a mess, but for Evan,

533
00:32:30,640 --> 00:32:34,440
Speaker 1: the story is becoming clear, so that like, here's the nexus.

534
00:32:34,480 --> 00:32:40,400
Speaker 3: It's always been violence, physical damage, defamation.

535
00:32:40,680 --> 00:32:43,600
Speaker 1: So now but after a second lunch with Evan a

536
00:32:43,640 --> 00:32:47,840
Speaker 1: few days later, our conversation takes a turn. You're you

537
00:32:47,960 --> 00:32:51,320
Speaker 1: don't totally believe that human's God's high a change. No,

538
00:32:53,400 --> 00:32:56,560
Speaker 1: he tells me that the earth, like our bodies, has

539
00:32:56,560 --> 00:33:00,360
Speaker 1: a self healing mechanism, and I can't help but start

540
00:33:00,360 --> 00:33:01,080
Speaker 1: to argue with him.

541
00:33:01,400 --> 00:33:01,840
Speaker 7: Just like our.

542
00:33:01,760 --> 00:33:04,080
Speaker 3: Bodies, like we take you an alcohol, I believe the

543
00:33:04,120 --> 00:33:06,560
Speaker 3: earth is kind of like an organism and just like

544
00:33:06,640 --> 00:33:08,720
Speaker 3: you know, hey, we drink too much, and like we

545
00:33:08,800 --> 00:33:11,760
Speaker 3: have our liver and little talks and it's straighted out.

546
00:33:11,800 --> 00:33:15,640
Speaker 3: I think, I think, I think there is an earth

547
00:33:15,720 --> 00:33:17,560
Speaker 3: by self healing records.

548
00:33:18,480 --> 00:33:20,080
Speaker 1: But what about people who die of alcohol?

549
00:33:21,480 --> 00:33:21,640
Speaker 7: Right?

550
00:33:21,720 --> 00:33:22,960
Speaker 10: No, well exactly.

551
00:33:23,080 --> 00:33:25,960
Speaker 1: But it's not just that he's wrong that bothers me.

552
00:33:26,160 --> 00:33:28,600
Speaker 1: It's that he feels so comfortable saying this to me,

553
00:33:29,120 --> 00:33:31,600
Speaker 1: like it's normal to not believe in the climate crisis,

554
00:33:32,200 --> 00:33:34,680
Speaker 1: and hearing this come from someone who's positioning himself as

555
00:33:34,720 --> 00:33:38,520
Speaker 1: a journalist feels dangerous. When I keeps trying to fight

556
00:33:38,560 --> 00:33:41,880
Speaker 1: with him, Evan starts to get suspicious. He asks if

557
00:33:41,920 --> 00:33:43,080
Speaker 1: I'm working for green Peace.

558
00:33:44,000 --> 00:33:46,560
Speaker 5: I'm not talking to Greenpeace, all right, green piece.

559
00:33:46,800 --> 00:33:49,800
Speaker 1: No, I'm here as a reporter. But what I should

560
00:33:49,840 --> 00:33:52,040
Speaker 1: have said is, of course, I'm talking to green Peace

561
00:33:52,240 --> 00:33:56,560
Speaker 1: because I'm a reporter. Regardless, Evan helps me realize that

562
00:33:56,560 --> 00:33:59,520
Speaker 1: my understanding of this trial is not shared by everyone

563
00:33:59,520 --> 00:34:03,040
Speaker 1: in that court room, and those jurors might be closer

564
00:34:03,040 --> 00:34:06,760
Speaker 1: in perspective to Evan Herman, the right wing article facilitator,

565
00:34:07,200 --> 00:34:12,719
Speaker 1: than to me. It's becoming clear that Energy Transfer is

566
00:34:12,719 --> 00:34:14,880
Speaker 1: about to wind down their side of the case. A

567
00:34:14,920 --> 00:34:19,080
Speaker 1: few days early, one of the last video depositions they

568
00:34:19,080 --> 00:34:23,080
Speaker 1: pull up is Nick Tilson. Nick runs an organization called

569
00:34:23,120 --> 00:34:26,640
Speaker 1: Indian Collective. He's a citizen of the Oglalla Lakota Nation.

570
00:34:27,440 --> 00:34:30,080
Speaker 1: In fact, he's the first Oceti shit Cooin person that

571
00:34:30,120 --> 00:34:33,400
Speaker 1: we hear from since this trial began. He's a founding

572
00:34:33,440 --> 00:34:36,279
Speaker 1: member of the group that Greenpeace worked with at Standing Rock,

573
00:34:36,880 --> 00:34:41,399
Speaker 1: Indigenous People's Power Project. Up until this point, it's felt

574
00:34:41,400 --> 00:34:44,439
Speaker 1: like we're talking around what really happened at Standing Rock.

575
00:34:45,200 --> 00:34:48,840
Speaker 1: But when Greenpeace presents its cross examination of Nick, the

576
00:34:48,960 --> 00:34:52,319
Speaker 1: dots start to connect for me. I talked to Nick

577
00:34:52,360 --> 00:34:53,800
Speaker 1: on the phone afterward.

578
00:34:54,320 --> 00:34:57,440
Speaker 10: The story of Standing Rock and what happened at Standing

579
00:34:57,520 --> 00:35:01,760
Speaker 10: Rock is a thousand times more compelled then the bullshit lawsuit.

580
00:35:02,320 --> 00:35:05,400
Speaker 1: He says during his testimony that The first nonviolent direct

581
00:35:05,440 --> 00:35:08,680
Speaker 1: action training he ever participated in was when he was

582
00:35:08,760 --> 00:35:12,120
Speaker 1: nine years old, and it came from the American Indian Movement.

583
00:35:12,920 --> 00:35:16,520
Speaker 1: He received another forty or fifty nonviolent direct action training

584
00:35:16,680 --> 00:35:21,160
Speaker 1: since then. He adds none from Greenpeace, and he was

585
00:35:21,200 --> 00:35:24,200
Speaker 1: involved with establishing protest strategies at Standing Rock.

586
00:35:24,719 --> 00:35:32,879
Speaker 10: We made a conscious, deliberate decision and prayed on those

587
00:35:32,920 --> 00:35:36,480
Speaker 10: decisions that this was going to be non violent, and

588
00:35:36,640 --> 00:35:40,279
Speaker 10: I'll say we maintained that throughout this entire process, and

589
00:35:40,320 --> 00:35:42,160
Speaker 10: the ones who had the guns on the front line

590
00:35:42,280 --> 00:35:44,120
Speaker 10: was the police and the military, not us.

591
00:35:45,719 --> 00:35:48,440
Speaker 1: Nick and the Indigenous People's Power Project worked with the

592
00:35:48,480 --> 00:35:53,200
Speaker 1: Standing Rock Zuo Tribal Council to develop nonviolent direct action principles.

593
00:35:54,160 --> 00:35:56,759
Speaker 1: They were handwritten on a big sign and hung in

594
00:35:56,800 --> 00:36:01,760
Speaker 1: the middle of camp. Among them, we are not violent. Also,

595
00:36:02,160 --> 00:36:05,120
Speaker 1: property damage does not get us closer to our goal.

596
00:36:06,000 --> 00:36:08,919
Speaker 10: The only reason green Peace and any allies are there

597
00:36:09,000 --> 00:36:13,440
Speaker 10: is that they're there upon invitation. Why some of us

598
00:36:13,560 --> 00:36:17,040
Speaker 10: even and felt comfortable inviting Greenpeace in the first place

599
00:36:17,640 --> 00:36:21,840
Speaker 10: is that some of our comrades and relatives worked in

600
00:36:21,880 --> 00:36:25,080
Speaker 10: that organization, and we trusted those individual people.

601
00:36:26,120 --> 00:36:28,319
Speaker 1: Nick was one of the people who invited Greenpeace to

602
00:36:28,360 --> 00:36:30,919
Speaker 1: come to Standing Rock. He was close with that green

603
00:36:30,920 --> 00:36:34,120
Speaker 1: Peace guy, Cy Wagner, who was also an Indigenous People's

604
00:36:34,120 --> 00:36:38,760
Speaker 1: Power Project member. Another Greenpeace employee was also a member.

605
00:36:39,160 --> 00:36:41,359
Speaker 10: We asked them to help us with scouting. We asked

606
00:36:41,360 --> 00:36:42,760
Speaker 10: them to train people.

607
00:36:43,239 --> 00:36:47,239
Speaker 1: I asked him why would nonviolent direct action training be important.

608
00:36:48,280 --> 00:36:54,120
Speaker 10: The training that we're talking about is not some crazy trainings.

609
00:36:54,280 --> 00:36:56,799
Speaker 10: Some people think that martinather King and Rosa Parks just

610
00:36:56,840 --> 00:36:59,440
Speaker 10: one day sat on a bus and launched a movement

611
00:36:59,480 --> 00:37:03,120
Speaker 10: with the reality is they went through training, you know,

612
00:37:03,360 --> 00:37:06,719
Speaker 10: and that training helped them be disciplined and help them

613
00:37:06,719 --> 00:37:10,399
Speaker 10: be effective and help them change the course of history.

614
00:37:11,200 --> 00:37:14,680
Speaker 1: It's true. Rosa Parks attended a two week workshop on

615
00:37:14,760 --> 00:37:18,279
Speaker 1: putting desegregation into action at the high Lander Research and

616
00:37:18,400 --> 00:37:21,160
Speaker 1: Education Center soon before she refused to get up from

617
00:37:21,200 --> 00:37:24,840
Speaker 1: her bus seat. Nick sees the protest to stop pipeline

618
00:37:24,880 --> 00:37:29,360
Speaker 1: construction as an extension of the civil rights tradition. What

619
00:37:29,480 --> 00:37:32,319
Speaker 1: really strikes me about next deposition as it's playing in

620
00:37:32,360 --> 00:37:36,319
Speaker 1: the courtroom is how frank and direct he is. He

621
00:37:36,400 --> 00:37:39,760
Speaker 1: tells the lawyers that the Indigenous People's Power Project trained

622
00:37:39,840 --> 00:37:43,759
Speaker 1: five to ten thousand people at Standing Rock and says

623
00:37:43,840 --> 00:37:47,759
Speaker 1: he himself participated in dozens of actions to stop construction.

624
00:37:48,040 --> 00:37:50,840
Speaker 10: I was arrested in Standing Rock for you know, running

625
00:37:51,239 --> 00:37:53,920
Speaker 10: in front of machinery and locking down to machinery. And

626
00:37:54,680 --> 00:37:59,000
Speaker 10: on those days we want we chased off those pipeline workers.

627
00:37:59,400 --> 00:38:03,560
Speaker 10: They went, they were running away from us. Those were

628
00:38:03,640 --> 00:38:07,080
Speaker 10: days of a victory for our people because on those days,

629
00:38:07,200 --> 00:38:09,560
Speaker 10: you know, we were able to stop destruction happening at

630
00:38:09,600 --> 00:38:10,759
Speaker 10: the point of construction.

631
00:38:11,440 --> 00:38:14,520
Speaker 1: I asked Nick about his decision to be so straightforward

632
00:38:14,560 --> 00:38:15,560
Speaker 1: in his testimony.

633
00:38:16,400 --> 00:38:20,319
Speaker 10: We don't regret anything we didn't standing wrong. We don't

634
00:38:20,360 --> 00:38:24,799
Speaker 10: regret resisting to fight for Mother Earth, to fight for

635
00:38:24,840 --> 00:38:27,800
Speaker 10: sacred water, to fight for human rights and indigenous rights,

636
00:38:28,560 --> 00:38:31,680
Speaker 10: to fight a corporation that was contributing to climate change

637
00:38:31,719 --> 00:38:34,520
Speaker 10: that will, you know, has the potential to impact all

638
00:38:34,600 --> 00:38:37,600
Speaker 10: human beings in the world, like we know what we

639
00:38:37,600 --> 00:38:38,360
Speaker 10: were doing there.

640
00:38:39,600 --> 00:38:43,440
Speaker 1: Ultimately, he sees energy transfers attempt to frame Greenpeace as

641
00:38:43,440 --> 00:38:47,280
Speaker 1: the orchestrators of the movement as part of a racist legacy.

642
00:38:48,200 --> 00:38:51,520
Speaker 10: I'll be honest, like when I read more into the

643
00:38:51,600 --> 00:38:58,680
Speaker 10: lawsuit and the bullshit that was written into there, in

644
00:38:58,760 --> 00:39:03,239
Speaker 10: all of that was like this continued pattern of erasure

645
00:39:05,080 --> 00:39:15,200
Speaker 10: and this continued treatment of Indigenous people actually that that

646
00:39:15,239 --> 00:39:20,200
Speaker 10: we're not capable, that we don't come from these sophisticated

647
00:39:20,600 --> 00:39:26,040
Speaker 10: nations that have the unique relationships with the federal government.

648
00:39:26,360 --> 00:39:29,799
Speaker 10: It had to have been this NGO. If anybody knows

649
00:39:29,840 --> 00:39:33,040
Speaker 10: anything about the Indigenous resistance movement, the last thing we

650
00:39:33,080 --> 00:39:35,719
Speaker 10: need is in Whte Ngo to come into our into

651
00:39:35,800 --> 00:39:40,280
Speaker 10: our movement to quote unquote save us, you know, because

652
00:39:40,320 --> 00:39:42,720
Speaker 10: those days of you know, quote unquote saving the Indian

653
00:39:42,800 --> 00:39:43,120
Speaker 10: are over.

654
00:39:44,160 --> 00:39:46,960
Speaker 1: On day ten of the trial, Energy Transfer plays its

655
00:39:47,040 --> 00:39:50,840
Speaker 1: last video deposition and Green Peace begins to present its defense.

656
00:39:51,680 --> 00:39:54,440
Speaker 1: We begin to hear from actual people on the stand

657
00:39:54,560 --> 00:39:58,920
Speaker 1: who worked at Greenpeace during Standing Rock. Cy Wagner is

658
00:39:59,000 --> 00:40:01,520
Speaker 1: denay In, an artist, and he worked for green Peace

659
00:40:01,600 --> 00:40:05,320
Speaker 1: for seven years. He wears his shoulder length hair swept back.

660
00:40:05,680 --> 00:40:08,279
Speaker 1: He has a turquoise necklace in earrings, and wears black

661
00:40:08,360 --> 00:40:12,000
Speaker 1: rimmed glasses. I talk with him after he takes the stand.

662
00:40:12,760 --> 00:40:15,239
Speaker 1: He said he went to Standing Rock because other Indigenous

663
00:40:15,280 --> 00:40:18,480
Speaker 1: leaders invited him there. It wasn't because of his employer,

664
00:40:18,560 --> 00:40:21,600
Speaker 1: Green Piece, which SI sometimes refers to as GP.

665
00:40:22,880 --> 00:40:24,960
Speaker 9: Regardless if GP is going to pay for it or not.

666
00:40:25,680 --> 00:40:27,080
Speaker 9: I was going to find a way. He wasn't find

667
00:40:27,080 --> 00:40:28,719
Speaker 9: resources and make my way there.

668
00:40:29,640 --> 00:40:32,319
Speaker 1: CI put together a proposal and a budget request, and

669
00:40:32,360 --> 00:40:36,000
Speaker 1: Green Peace did approve it. Fifteen thousand dollars would pay

670
00:40:36,040 --> 00:40:39,120
Speaker 1: for five people from the Indigenous People's Power Project to

671
00:40:39,200 --> 00:40:42,839
Speaker 1: go to Standing Rock. This is where Energy Transfer gets

672
00:40:42,880 --> 00:40:46,480
Speaker 1: their idea of the paid protesters. This amount came to

673
00:40:46,520 --> 00:40:49,479
Speaker 1: about one hundred and twenty five dollars per day per

674
00:40:49,560 --> 00:40:54,239
Speaker 1: Indigenous People's Power Project member, less expenses. It was a

675
00:40:54,280 --> 00:40:56,880
Speaker 1: stipend because people had to be away from their jobs

676
00:40:56,920 --> 00:41:01,200
Speaker 1: to be there. CI was there on his usual Green salary.

677
00:41:01,200 --> 00:41:05,839
Speaker 9: When I first arrived. Our goals was to set up

678
00:41:07,200 --> 00:41:10,040
Speaker 9: trainings in the intro to a nonviolent direct action where

679
00:41:10,080 --> 00:41:13,000
Speaker 9: we talk a little about history theory, we talk about

680
00:41:13,440 --> 00:41:23,200
Speaker 9: safety de escalation, and we met with a complete unorganized situation.

681
00:41:23,560 --> 00:41:26,400
Speaker 9: No one was talking, people had their own agendas.

682
00:41:27,160 --> 00:41:30,640
Speaker 1: It was chaotic. There were various groups planning protests and

683
00:41:30,680 --> 00:41:34,640
Speaker 1: even some others holding trainings. For example, SI said he

684
00:41:34,719 --> 00:41:37,480
Speaker 1: met folks from Red Warrior Camp, but they never worked together.

685
00:41:38,160 --> 00:41:40,920
Speaker 1: What's I really looked forward to was the Knights.

686
00:41:41,320 --> 00:41:43,200
Speaker 9: It was so peaceful. It was Tea Schert whether still

687
00:41:43,239 --> 00:41:45,200
Speaker 9: you could go out in the night and see the

688
00:41:45,239 --> 00:41:49,359
Speaker 9: stars and see the moon come up, and you would

689
00:41:49,400 --> 00:41:51,319
Speaker 9: just go to your neighbor and there there would be

690
00:41:51,360 --> 00:41:54,400
Speaker 9: a circle around a fire, and they're most likely singing

691
00:41:54,440 --> 00:41:56,480
Speaker 9: the song in their language. And some of them I

692
00:41:56,560 --> 00:41:59,799
Speaker 9: knew are familiar with, and then some I just never heard.

693
00:42:00,040 --> 00:42:03,160
Speaker 9: Four in my life. I can't remember the last time

694
00:42:03,440 --> 00:42:07,600
Speaker 9: that indigenous people in the US have converged like that

695
00:42:07,640 --> 00:42:15,400
Speaker 9: and shared shared knowledge and wisdom and songs, unorganized, unannounced.

696
00:42:16,000 --> 00:42:17,879
Speaker 9: You could smell like the wood that they brought from

697
00:42:17,880 --> 00:42:26,280
Speaker 9: their regions. It was just overwhelming physical, emotional, spiritual experience.

698
00:42:27,600 --> 00:42:29,959
Speaker 1: In court, he tells the jury that he mostly worked

699
00:42:29,960 --> 00:42:32,800
Speaker 1: to set up an area for building art for protests.

700
00:42:33,360 --> 00:42:36,560
Speaker 1: He did help support two protests on the ground. One

701
00:42:36,640 --> 00:42:39,520
Speaker 1: was an action where members of Indigenous People's Power Project

702
00:42:39,600 --> 00:42:43,200
Speaker 1: lockdown to machinery. Another was a march in downtown Bismarck.

703
00:42:44,239 --> 00:42:46,960
Speaker 1: I asked him about the nickname Energy Transfer gave him

704
00:42:46,960 --> 00:42:49,160
Speaker 1: and his colleagues. I don't know if you even heard this.

705
00:42:49,360 --> 00:42:52,000
Speaker 14: Maybe you did, but they're like throwing around this term

706
00:42:52,400 --> 00:42:54,880
Speaker 14: the Green Peace six, and.

707
00:42:55,400 --> 00:42:56,400
Speaker 7: You're one of them.

708
00:42:56,719 --> 00:42:58,640
Speaker 14: So I guess I'm just curious how it feels to

709
00:42:58,680 --> 00:42:59,879
Speaker 14: be one of the green Peace six.

710
00:43:00,280 --> 00:43:05,359
Speaker 9: Who's the other five? I guess, you know, like I mean,

711
00:43:05,640 --> 00:43:07,560
Speaker 9: I mean, call them any things, but I don't think

712
00:43:07,560 --> 00:43:08,200
Speaker 9: that's a bad thing.

713
00:43:08,719 --> 00:43:11,200
Speaker 1: S I says Greenpeace hasn't always been good at following

714
00:43:11,239 --> 00:43:16,080
Speaker 1: the lead of Indigenous people, but he's seen things shift.

715
00:43:15,680 --> 00:43:18,919
Speaker 9: Since Greenpeace has been around in since the seventies. They

716
00:43:18,960 --> 00:43:23,799
Speaker 9: have burned some bridges and rebuild some bridges with some

717
00:43:23,880 --> 00:43:27,319
Speaker 9: Indigenous communities. I think they've been learning a lot in

718
00:43:27,320 --> 00:43:29,440
Speaker 9: that process of how to show up in those spaces

719
00:43:29,480 --> 00:43:34,520
Speaker 9: because they made those mistakes. Within my seven years of employment,

720
00:43:34,560 --> 00:43:39,640
Speaker 9: I saw some changes. I saw the massive green Piece

721
00:43:39,680 --> 00:43:41,320
Speaker 9: ship make those turns.

722
00:43:42,840 --> 00:43:46,960
Speaker 1: Greenpeace calls their former executive director, Annie Leonard to testify.

723
00:43:48,040 --> 00:43:50,799
Speaker 1: She says that green Pieces past missteps where it came

724
00:43:50,840 --> 00:43:54,960
Speaker 1: to Indigenous people led them to establish a detailed Indigenous

725
00:43:54,960 --> 00:43:58,719
Speaker 1: people's policy, and that policy means that they would never

726
00:43:58,800 --> 00:44:01,399
Speaker 1: come to an indigenous nation and struggle and take over.

727
00:44:02,360 --> 00:44:05,839
Speaker 6: Greenpeace's policy is that we don't engage in indigenous led

728
00:44:05,840 --> 00:44:08,000
Speaker 6: campaigns from indigenous territories unless we're asked.

729
00:44:08,160 --> 00:44:10,200
Speaker 1: We chat outside after she's done.

730
00:44:10,920 --> 00:44:17,440
Speaker 14: These various documents we've seen say that Greenpeace supported training,

731
00:44:17,840 --> 00:44:21,800
Speaker 14: you know, maybe a few thousand people in nonviolent direct action.

732
00:44:22,640 --> 00:44:25,480
Speaker 14: Why shouldn't Greenpeace have to pay damages for that?

733
00:44:26,400 --> 00:44:29,520
Speaker 6: So a big part of Greenpeace's nonviolent direct action training

734
00:44:29,680 --> 00:44:34,319
Speaker 6: is in embodying nonviolence. It's de escalation. And I've gone

735
00:44:34,320 --> 00:44:36,400
Speaker 6: through these trainings, and boy do I find it helpful.

736
00:44:36,560 --> 00:44:38,000
Speaker 6: I found it helpful on that stand today.

737
00:44:38,040 --> 00:44:41,520
Speaker 1: As a matter of fact, in her testimony, Annie repeated

738
00:44:41,560 --> 00:44:45,160
Speaker 1: a version of Nick Tilson's argument that civil disobedience is

739
00:44:45,160 --> 00:44:50,120
Speaker 1: a crucial tactic for American democracy. Trey Cox challenges her,

740
00:44:51,040 --> 00:44:54,640
Speaker 1: Rosa Parks didn't trespass on other people's property, did she?

741
00:44:55,760 --> 00:45:00,359
Speaker 1: Annie replies, Rosa Parks was trespassing because she was order

742
00:45:00,440 --> 00:45:03,200
Speaker 1: to vacate that seat, and the law in Montgomery at

743
00:45:03,200 --> 00:45:06,919
Speaker 1: the time said she must vacate that seat. Trey hits

744
00:45:06,960 --> 00:45:10,120
Speaker 1: back again, Rosa Parks didn't send a whole work crew

745
00:45:10,120 --> 00:45:12,000
Speaker 1: home for a day when she sat in that seat,

746
00:45:12,160 --> 00:45:17,719
Speaker 1: did she? Annie replies? She kickstarted the Montgomery bus boycott,

747
00:45:17,960 --> 00:45:21,759
Speaker 1: where for over a year people boycotted buses. A lot

748
00:45:21,800 --> 00:45:24,719
Speaker 1: of bus people were put out of work because hundreds

749
00:45:24,719 --> 00:45:28,120
Speaker 1: and hundreds and hundreds of people chose to walk every

750
00:45:28,200 --> 00:45:33,480
Speaker 1: single day to boycott the segregated bus line. Tray seems

751
00:45:33,480 --> 00:45:36,479
Speaker 1: to have hit his limits. I don't want to fuss

752
00:45:36,480 --> 00:45:42,279
Speaker 1: with you on that anymore, Miss Leonard. The more of

753
00:45:42,320 --> 00:45:45,319
Speaker 1: this trial I see, the more I realize there's a

754
00:45:45,400 --> 00:45:49,000
Speaker 1: lot of really important information that's not going to make

755
00:45:49,040 --> 00:45:53,200
Speaker 1: it into the court room. Early every morning, the lawyers

756
00:45:53,200 --> 00:45:55,799
Speaker 1: show up before the jurors get there to argue over

757
00:45:55,840 --> 00:45:58,680
Speaker 1: what information can and can't be mentioned in the upcoming

758
00:45:58,719 --> 00:46:03,200
Speaker 1: court sessions. And in the middle of Greenpeace presenting its defense,

759
00:46:03,520 --> 00:46:07,400
Speaker 1: Judge Gian makes a big decision. He rules that key

760
00:46:07,480 --> 00:46:10,799
Speaker 1: details of a pipeline's safety report will be kept out

761
00:46:10,800 --> 00:46:13,719
Speaker 1: of the trial, even though the possibility of a leak

762
00:46:13,800 --> 00:46:16,200
Speaker 1: is at the heart of why the organization got involved

763
00:46:16,200 --> 00:46:19,120
Speaker 1: at Standing Rock in the first place. Also, we still

764
00:46:19,160 --> 00:46:21,960
Speaker 1: haven't heard anything from any member of the Standing Rock

765
00:46:21,960 --> 00:46:25,720
Speaker 1: Sioux tribe, and it dawns on me that maybe we won't.

766
00:46:26,800 --> 00:46:30,040
Speaker 1: The Standing Rock Sioux Tribe has its own litigation still

767
00:46:30,080 --> 00:46:33,920
Speaker 1: going against the pipeline company. I could imagine all kinds

768
00:46:33,920 --> 00:46:36,319
Speaker 1: of reasons tribal leaders wouldn't want to be on that

769
00:46:36,400 --> 00:46:39,840
Speaker 1: stand and if green Peace is serious about their Indigenous

770
00:46:39,840 --> 00:46:43,160
Speaker 1: people's policy, then they'd abide by what the tribe wanted.

771
00:46:44,400 --> 00:46:47,319
Speaker 1: But the funny thing about a lawsuit like this is

772
00:46:47,320 --> 00:46:50,840
Speaker 1: that sometimes it shakes loose information that isn't part of

773
00:46:50,840 --> 00:46:55,280
Speaker 1: the plaintiff's plan. You see. I started monitoring this lawsuit

774
00:46:55,360 --> 00:46:59,200
Speaker 1: months ago, and as Energy Transfer in Greenpeace exchanged legal

775
00:46:59,239 --> 00:47:03,080
Speaker 1: filings are over what this trial would look like, new

776
00:47:03,200 --> 00:47:07,360
Speaker 1: details began to bubble up about what happened behind closed

777
00:47:07,400 --> 00:47:11,600
Speaker 1: doors as energy Transfer built this pipeline. Some of those

778
00:47:11,600 --> 00:47:14,200
Speaker 1: details aren't going to be allowed in the courtroom, and

779
00:47:14,239 --> 00:47:17,000
Speaker 1: some of the people who really know the truth behind

780
00:47:17,120 --> 00:47:21,560
Speaker 1: Energy Transfer's claims aren't going to be called to testify.

781
00:47:21,880 --> 00:47:24,239
Speaker 1: But I'm not a lawyer, and I don't have to

782
00:47:24,280 --> 00:47:27,840
Speaker 1: stay inside the Morton County courthouse. The judge in this

783
00:47:28,000 --> 00:47:30,520
Speaker 1: case might have kept pollution out of the courtroom, But

784
00:47:30,600 --> 00:47:34,680
Speaker 1: by following this lawsuit, I'm finding myself pulled back into

785
00:47:34,680 --> 00:47:38,680
Speaker 1: the heart of what this story was originally about. The

786
00:47:38,760 --> 00:47:54,360
Speaker 1: Water Drilled is an original Critical Frequency production. This season

787
00:47:54,600 --> 00:47:58,280
Speaker 1: was reported and written by me Allen Brown. Our senior

788
00:47:58,360 --> 00:48:02,840
Speaker 1: editor is Audrey Quinn. Additional editing by Tristan Attone Eckrist.

789
00:48:03,440 --> 00:48:06,680
Speaker 1: Our producer and sound designer is Ray Pang. Mix and

790
00:48:06,800 --> 00:48:11,000
Speaker 1: mastering by Martin Saltz, Austwick and Peter Duff. Fact checking

791
00:48:11,080 --> 00:48:15,080
Speaker 1: by Shilpa Jindia. Our First Amendment Attorney is James Wheaton.

792
00:48:15,840 --> 00:48:20,160
Speaker 1: Our Impact producer is Lindsay Crowder. Marketing by Maggie Taylor.

793
00:48:20,719 --> 00:48:23,880
Speaker 1: Original artwork for this season was created by Victor Puskwal

794
00:48:24,000 --> 00:48:27,560
Speaker 1: of Digital Navajo. Our theme music is by Dear Lady.

795
00:48:28,320 --> 00:48:31,680
Speaker 1: The show was created and executive produced by Amy Westervelt.

796
00:48:32,320 --> 00:48:35,160
Speaker 1: The Center for Media and Democracy supported document review for

797
00:48:35,200 --> 00:48:39,120
Speaker 1: the season. For related stories and to support our work,

798
00:48:39,320 --> 00:48:42,560
Speaker 1: check out drilled dot Media. To follow my work, check

799
00:48:42,560 --> 00:48:45,880
Speaker 1: out my newsletter eco files at Allen Brown Dot ghost

800
00:48:46,040 --> 00:48:46,800
Speaker 1: dot Io.

801
00:48:48,400 --> 00:48:58,359
Speaker 15: No chew cheerio, no che che che now chew cheer

802
00:49:00,360 --> 00:49:04,719
Speaker 15: chet really one, non chovu really one.

803
00:49:05,400 --> 00:49:08,880
Speaker 7: No Joe, no cho