Showing posts with label Police State. Show all posts
Showing posts with label Police State. Show all posts

Wednesday, July 21, 2021

Who Is A “Terrorist” In Biden’s America? ~~ Whitney Webb

https://unlimitedhangout.com/2021/06/investigative-reports/who-is-a-terrorist-in-bidens-america/

~~ recommended by a guest contributor ~~

War on domestic terrorism
Far from being a war against “white supremacy,” the Biden administration’s new “domestic terror” strategy clearly targets primarily those who oppose US government overreach and those who oppose capitalism and/or globalization.

In the latest sign that the US government’s War on Domestic Terror is growing in scope and scale, the White House on Tuesday revealed the nation’s first ever government-wide strategy for confronting domestic terrorism. While cloaked in language about stemming racially motivated violence, the strategy places those deemed “anti-government” or “anti-authority” on a par with racist extremists and charts out policies that could easily be abused to silence or even criminalize online criticism of the government.

Even more disturbing is the call to essentially fuse intelligence agencies, law enforcement, Silicon Valley, and “community” and “faith-based” organizations such as the Anti-Defamation League, as well as unspecified foreign governments, as partners in this “war,” which the strategy makes clear will rely heavily on a pre-crime orientation focused largely on what is said on social media and encrypted platforms. Though the strategy claims that the government will “shield free speech and civil liberties” in implementing this policy, its contents reveal that it is poised to gut both.

Indeed, while framed publicly as chiefly targeting “right-wing white supremacists,” the strategy itself makes it clear that the government does not plan to focus on the Right but instead will pursue “domestic terrorists” in “an ideologically neutral, threat-driven manner,” as the law “makes no distinction based on political view—left, right or center.” It also states that a key goal of this strategic framework is to ensure “that there is simply no governmental tolerance . . . of violence as an acceptable mode of seeking political or social change,” regardless of a perpetrator’s political affiliation. 

Considering that the main cheerleaders for the War on Domestic Terror exist mainly in establishment left circles, such individuals should rethink their support for this new policy given that the above statements could easily come to encompass Black Lives Matter–related protests, such as those that transpired last summer, depending on which political party is in power. 

Once the new infrastructure is in place, it will remain there and will be open to the same abuses perpetrated by both political parties in the US during the lengthy War on Terror following September 11, 2001. The history of this new “domestic terror” policy, including its origins in the Trump administration, makes this clear.

It’s Never Been Easier to Be a “Terrorist”

In introducing the strategy, the Biden administration cites “racially or ethnically motivated violent extremists” as a key reason for the new policy and a main justification for the War on Domestic Terror in general. This was most recently demonstrated Tuesday in Attorney General Merrick Garland’s statement announcing this new strategy. However, the document itself puts “anti-government” or “anti-authority” “extremists” in the same category as violent white supremacists in terms of being a threat to the homeland. The strategy’s characterization of such individuals is unsettling.

For instance, those who “violently oppose” “all forms of capitalism” or “corporate globalization” are listed under this less-discussed category of “domestic terrorist.” This highlights how people on the left, many of whom have called for capitalism to be dismantled or replaced in the US in recent years, could easily be targeted in this new “war” that many self-proclaimed leftists are currently supporting. Similarly, “environmentally-motivated extremists,” a category in which groups such as Extinction Rebellion could easily fall, are also included. 

In addition, the phrasing indicates that it could easily include as “terrorists” those who oppose the World Economic Forum’s vision for global “stakeholder capitalism,” as that form of “capitalism” involves corporations and their main “stakeholders” creating a new global economic and governance system. The WEF’s stakeholder capitalism thus involves both “capitalism” and “corporate globalization.” 

The strategy also includes those who “take steps to violently resist government authority . . . based on perceived overreach.” This, of course, creates a dangerous situation in which the government could, purposely or otherwise, implement a policy that is an obvious overreach and/or blatantly unconstitutional and then label those who resist it “domestic terrorists” and deal with them as such—well before the overreach can be challenged in court.

Another telling addition to this group of potential “terrorists” is “any other individual or group who engages in violence—or incites imminent violence—in opposition to legislative, regulatory or other actions taken by the government.” Thus, if the government implements a policy that a large swath of the population finds abhorrent, such as launching a new, unpopular war abroad, those deemed to be “inciting” resistance to the action online could be considered domestic terrorists. 

Such scenarios are not unrealistic, given the loose way in which the government and the media have defined things like “incitement” and even “violence” (e. g., “hate speech” is a form of violence) in the recent past. The situation is ripe for manipulation and abuse. To think the federal government (including the Biden administration and subsequent administrations) would not abuse such power reflects an ignorance of US political history, particularly when the main forces behind most terrorist incidents in the nation are actually US government institutions like the FBI (more FBI examples hereherehere, and here).

Furthermore, the original plans for the detention of American dissidents in the event of a national emergency, drawn up during the Reagan era as part of its “continuity of government” contingency, cited popular nonviolent opposition to US intervention in Latin America as a potential “emergency” that could trigger the activation of those plans. Many of those “continuity of government” protocols remain on the books today and can be triggered, depending on the whims of those in power. It is unlikely that this new domestic terror framework will be any different regarding nonviolent protest and demonstrations.

Yet another passage in this section of the strategy states that “domestic terrorists” can, “in some instances, connect and intersect with conspiracy theories and other forms of disinformation and misinformation.” It adds that the proliferation of such “dangerous” information “on Internet-based communications platforms such as social media, file-upload sites and end-to-end encrypted platforms, all of these elements can combine and amplify threats to public safety.” 

Thus, the presence of “conspiracy theories” and information deemed by the government to be “misinformation” online is itself framed as threatening public safety, a claim made more than once in this policy document. Given that a major “pillar” of the strategy involves eliminating online material that promotes “domestic terrorist” ideologies, it seems inevitable that such efforts will also “connect and intersect” with the censorship of “conspiracy theories” and narratives that the establishment finds inconvenient or threatening for any reason. 

Pillars of Tyranny

The strategy notes in several places that this new domestic-terror policy will involve a variety of public-private partnerships in order to “build a community to address domestic terrorism that extends not only across the Federal Government but also to critical partners.” It adds, “That includes state, local, tribal and territorial governments, as well as foreign allies and partners, civil society, the technology sector, academic, and more.” 

The mention of foreign allies and partners is important as it suggests a multinational approach to what is supposedly a US “domestic” issue and is yet another step toward a transnational security-state apparatus. A similar multinational approach was used to devastating effect during the CIA-developed Operation Condor, which was used to target and “disappear” domestic dissidents in South America in the 1970s and 1980s. The foreign allies mentioned in the Biden administration’s strategy are left unspecified, but it seems likely that such allies would include the rest of the Five Eyes alliance (the UK, Australia, Canada, New Zealand) and Israel, all of which already have well-established information-sharing agreements with the US for signals intelligence.

The new domestic-terror strategy has four main “pillars,” which can be summarized as (1) understanding and sharing domestic terrorism-related information, including with foreign governments and private tech companies; (2) preventing domestic terrorism recruitment and mobilization to violence; (3) disrupting and deterring domestic terrorism activity; and (4) confronting long-term contributors to domestic terrorism.

The first pillar involves the mass accumulation of data through new information-sharing partnerships and the deepening of existing ones. Much of this information sharing will involve increased data mining and analysis of statements made openly on the internet, particularly on social media, something already done by US intelligence contractors such as Palantir. While the gathering of such information has been ongoing for years, this policy allows even more to be shared and legally used to make cases against individuals deemed to have made threats or expressed “dangerous” opinions online. 

Included in the first pillar is the need to increase engagement with financial institutions concerning the financing of “domestic terrorists.” US banks, such as Bank of America, have already gone quite far in this regard, leading to accusations that it has begun acting like an intelligence agency. Such claims were made after it was revealed that the BofA had passed to the government the private banking information of over two hundred people that the bank deemed as pointing to involvement in the events of January 6, 2021. It seems likely, given this passage in the strategy, that such behavior by banks will soon become the norm, rather than an outlier, in the United States. 

The second pillar is ostensibly focused on preventing the online recruitment of domestic terrorists and online content that leads to the “mobilization of violence.” The strategy notes that this pillar “means reducing both supply and demand of recruitment materials by limiting widespread availability online and bolstering resilience to it by those who nonetheless encounter it.“ The strategy states that such government efforts in the past have a “mixed record,” but it goes on to claim that trampling on civil liberties will be avoided because the government is “consulting extensively” with unspecified “stakeholders” nationwide.

Regarding recruitment, the strategy states that “these activities are increasingly happening on Internet-based communications platforms, including social media, online gaming platforms, file-upload sites and end-to-end encrypted platforms, even as those products and services frequently offer other important benefits.” It adds that “the widespread availability of domestic terrorist recruitment material online is a national security threat whose front lines are overwhelmingly private-sector online platforms.” 

The US government plans to provide “information to assist online platforms with their own initiatives to enforce their own terms of service that prohibits the use of their platforms for domestic terrorist activities” as well as to “facilitate more robust efforts outside the government to counter terrorists’ abuse of Internet-based communications platforms.” 

Given the wider definition of “domestic terrorist” that now includes those who oppose capitalism and corporate globalization as well as those who resist government overreach, online content discussing these and other “anti-government” and “anti-authority” ideas could soon be treated in the same way as online Al Qaeda or ISIS propaganda. Efforts, however, are unlikely to remain focused on these topics. As Unlimited Hangout reported last November, both UK intelligence and the US national-security state were developing plans to treat critical reporting on the COVID-19 vaccines as “extremist” propaganda.

Another key part of this pillar is the need to “increase digital literacy” among the American public, while censoring “harmful content” disseminated by “terrorists” as well as by “hostile foreign powers seeking to undermine American democracy.” The latter is a clear reference to the claim that critical reporting of US government policy, particularly its military and intelligence activities abroad, was the product of “Russian disinformation,” a now discredited claim that was used to heavily censor independent media. This new government strategy appears to promise more of this sort of thing. 

It also notes that “digital literacy” education for a domestic audience is being developed by the Department of Homeland Security (DHS). Such a policy would have previously violated US law until the Obama administration worked with Congress to repeal the Smith-Mundt Actthus lifting the ban on the government directing propaganda at domestic audiences. 

The third pillar of the strategy seeks to increase the number of federal prosecutors investigating and trying domestic-terror cases. Their numbers are likely to jump as the definition of “domestic terrorist” is expanded. It also seeks to explore whether “legislative reforms could meaningfully and materially increase our ability to protect Americans from acts of domestic terrorism while simultaneously guarding against potential abuse of overreach.” In contrast to past public statements on police reform by those in the Biden administration, the strategy calls to “empower” state and local law enforcement to tackle domestic terrorism, including with increased access to “intelligence” on citizens deemed dangerous or subversive for any number of reasons.

To that effect, the strategy states the following (p. 24):

“The Department of Justice, Federal Bureau of Investigation, and Department of Homeland Security, with support from the National Counterterrorism Center [part of the intelligence community], are incorporating an increased focus on domestic terrorism into current intelligence products and leveraging current mechanisms of information and intelligence sharing to improve the sharing of domestic terrorism-related content and indicators with non-Federal partners. These agencies are also improving the usability of their existing information-sharing platforms, including through the development of mobile applications designed to provide a broader reach to non-Federal law enforcement partners, while simultaneously refining that support based on partner feedback.”

Such an intelligence tool could easily be, for example, Palantir, which is already used by the intelligence agencies, the DHS, and several US police departments for “predictive policing,” that is, pre-crime actions. Notably, Palantir has long included a “subversive” label for individuals included on government and law enforcement databases, a parallel with the controversial and highly secretive Main Core database of US dissidents. 

DHS Secretary Alejandro Mayorkas made the “pre-crime” element of the new domestic terror strategy explicit on Tuesday when he said in a statement that DHS would continue “developing key partnerships with local stakeholders through the Center for Prevention Programs and Partnerships (CP3) to identify potential threats and prevent terrorism.” CP3, which replaced DHS’ Office for Targeted Violence and Terrorism Prevention this past May, officially “supports communities across the United States to prevent individuals from radicalizing to violence and intervene when individuals have already radicalized to violence.” 

The fourth pillar of the strategy is by far the most opaque and cryptic, while also the most far-reaching. It aims to address the sources that cause “terrorists” to mobilize “towards violence.” This requires “tackling racism in America,” a lofty goal for an administration headed by the man who controversially eulogized Congress’ most ardent segregationist and who was a key architect of the 1994 crime bill. As well, it provides for “early intervention and appropriate care for those who pose a danger to themselves or others.”

In regard to the latter proposal, the Trump administration, in a bid to “stop mass shootings before they occur,” considered a proposal to create a “health DARPA” or “HARPA” that would monitor the online communications of everyday Americans for “neuropsychiatric” warning signs that someone might be “mobilizing towards violence.” While the Trump administration did not create HARPA or adopt this policy, the Biden administration has recently announced plans to do so.

Finally, the strategy indicates that this fourth pillar is part of a “broader priority”: “enhancing faith in government and addressing the extreme polarization, fueled by a crisis of disinformation and misinformation often channeled through social media platforms, which can tear Americans apart and lead some to violence.” In other words, fostering trust in government while simultaneously censoring “polarizing” voices who distrust or criticize the government is a key policy goal behind the Biden administration’s new domestic-terror strategy. 

Calling Their Shots?

While this is a new strategy, its origins lie in the Trump administration. In October 2019, Trump’s attorney general William Barr formally announced in a memorandum that a new “national disruption and early engagement program” aimed at detecting those “mobilizing towards violence” before they commit any crime would launch in the coming months. That program, known as DEEP (Disruption and Early Engagement Program), is now active and has involved the Department of Justice, the FBI, and “private sector partners” since its creation.

Barr’s announcement of DEEP followed his unsettling “prediction” in July 2019 that “a major incident may occur at any time that will galvanize public opinion on these issues.” Not long after that speech, a spate of mass shootings occurred, including the El Paso Walmart shooting, which killed twenty-three and about which many questions remain unanswered regarding the FBI’s apparent foreknowledge of the event. After these events took place in 2019, Trump called for the creation of a government backdoor into encryption and the very pre-crime system that Barr announced shortly thereafter in October 2019. The Biden administration, in publishing this strategy, is merely finishing what Barr started.

Indeed, a “prediction” like Barr’s in 2019 was offered by the DHS’ Elizabeth Neumann during a Congressional hearing in late February 2020. That hearing was largely ignored by the media as it coincided with an international rise of concern regarding COVID-19. At the hearing, Neumann, who previously coordinated the development of the government’s post-9/11 terrorism information sharing strategies and policies and worked closely with the intelligence community, gave the following warning about an imminent “domestic terror” event in the United States:

“And every counterterrorism professional I speak to in the federal government and overseas feels like we are at the doorstep of another 9/11, maybe not something that catastrophic in terms of the visual or the numbers, but that we can see it building and we don’t quite know how to stop it.”

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This “another 9/11” emerged on January 6, 2021, as the events of that day in the Capitol were quickly labeled as such by both the media and prominent politicians, while also inspiring calls from the White House and the Democrats for a “9/11-style commission” to investigate the incident. This event, of course, figures prominently in the justification for the new domestic-terror strategy, despite the considerable video and other evidence that shows that Capitol law enforcement, and potentially the FBI, were directly involved in facilitating the breach of the Capitol. In addition, when one considers that the QAnon movement, which had a clear role in the events of January 6, was itself likely a government-orchestrated psyop, the government hand in creating this situation seems clear. 

It goes without saying that the official reasons offered for these militaristic “domestic terror” policies, which the US has already implemented abroad—causing much more terror than it has prevented—does not justify the creation of a massive new national-security infrastructure that aims to criminalize and censor online speech. Yet the admission that this new strategy, as part of a broader effort to “enhance faith in government,” combines domestic propaganda campaigns with the censorship and pursuit of those who distrust government heralds the end of even the illusion of democracy in the United States.

Wednesday, June 23, 2021

BIDEN MUST STOP PIPELINES TO DELIVER CLIMATE AND ENVIRONMENTAL JUSTICE

 https://popularresistance.org/biden-must-stop-pipelines-to-deliver-on-climate-change-and-environmental-justice/

~~posted for dmorista ~~

The Mountain Valley Pipeline And Others Awaiting Approval Are Nails In America’s Climate Coffin.

And most are concentrated among vulnerable communities.

Four years of President Donald Trump have cost America dearly. We lost our global leadership on addressing climate change and saw the struggle for environmental justice thwarted here at home. President Joe Biden has defined both of these objectives as cornerstones of his legacy, but a huge interstate methane gas pipeline now being rammed through the Appalachian Mountains threatens to undermine the progress his administration has promised.

The 42-inch diameter Mountain Valley Pipeline (MVP) would run 303 miles from West Virginia to Virginia, and it is one of the biggest U.S. gas pipelines in process. The pipeline’s climate impact is estimated to be equivalent to about 23 typical coal plants, or more than 19 million passenger vehicles. That does not include a proposed 74-mile extension of the pipeline into North Carolina.

Methane gas is a climate change double whammy. It’s a fossil fuel and, when burned for energy, releases the planet-warming greenhouse gas carbon dioxide. But methane itself is a very potent greenhouse gas, and when some of it inevitably escapes into the atmosphere during hydraulic fracturing, we get further warming.

Pipelines Affect Disadvantaged People

Yet these harmful pipeline projects continue. Two other major interstate methane gas pipelines, the PennEast and the Pacific Connector, are being challenged, while more than a dozen are waiting for approval from the Federal Energy Regulatory Commission – each another nail in America’s climate coffin.

recent national analysis found that the vast network of existing transmission pipelines are disproportionately concentrated where people experience high levels of “social vulnerability,” a Centers for Disease Control and Prevention index of race, socioeconomic status, age, type of housing, language spoken and other factors.

It should come as no surprise that the big energy corporations behind the MVP who are willing to profit at the price of hurricanes, wildfires, floods and droughts are equally willing to trample local people. They even seem willing to trample the dead.

The MVP pipeline and its extension roughly follow the Native American Great Trading Path through Virginia and North Carolina, and tribal representatives are concerned the projects would desecrate sacred sites. Construction of the MVP mainline has already impacted sites on the traditional homeland of the Monacan Indian Nation (federally recognized in 2018), and Occaneechi, Saponi and Tutelo tribes, including a burial mound near Roanoke, Virginia, dating back several thousand years.

Despite requests by tribes for consultation with the FERC to ensure cultural resources were protected, they were largely ignored. The developer, describing the burial mound as a rock “push pile,” has clear-cut the woodlands within yards of the site.  Last month, FERC reached out to the Monacan Indian Nation to start consultation.

Then there are the lower-income and elderly rural residents along the MVP route, too often disenfranchised when confronted with these kinds of projects. Almost half of the 17 affected counties in West Virginia and Virginia have poverty rates higher than the respective state average, and 14 of the counties have more elderly than average.

Two of the MVP’s three West Virginia compressor stations – significant sources of air pollution – are in counties where 1 in 5 people live below the poverty line, counties “considered environmental justice communities,” according to FERC.

Colonizer Mentality On Display

The MVP has also been an unmitigated disaster for water quality. Regulators in the two states have cited the developer for more than 350 clean water violations, amounting to more than $2 million in fines.

Now, the company is seeking permission from federal agencies to bore under or trench through hundreds more streams, rivers and wetlands, threatening countless water resources. In one case, the developer wants to drill under the Greenbrier River in West Virginia, a huge effort that would use 1 million gallons of water and take months, putting at risk the drinking water for a local public service district.

The MVP, announced in 2014, is still roughly only half-built, more than three years behind its original schedule and almost 100% over budget. It’s one of the last-ditch efforts of the fossil fuel industry to squeeze out every penny in profit before it goes the way of the dinosaurs. It’s also a clear example of the colonizer mentality of industry special interests, who have done unimaginable harm and put the planet in a climate crisis.

We fervently hope the Biden administration intends to make genuine progress on the paired crises of climate change and environmental justice. The MVP, for starters, has no place in that vision for America.

Friday, June 18, 2021

LOCAL COPS SAID PIPELINE COMPANY HAD INFLUENCE OVER GOVERNMENT APPOINTMENT ~~ Alleen Brown

~~ posted for dmorista ~~

AS THE CANADIAN oil pipeline company Enbridge awaited its final permits last summer to begin construction on the Line 3 tar sands oil transport project, Minnesota sheriff’s offices along the route fretted. With an Anishinaabe-led movement pledging to carry out nonviolent blockades and demonstrations to prevent the pipeline’s construction, local police worried they’d be stuck with the costs of policing and wanted Enbridge to pay instead.

As part of its permit to build Line 3, the Minnesota Public Utilities Commission, or PUC, created a special Enbridge-funded account that public safety officials could use to pay for policing Enbridge’s political opponents. The police were concerned about who state officials would hire to decide which invoices to pay or reject.

Last June, Kanabec County Sheriff Brian Smith wrote an email to other sheriffs along the pipeline route. “I think we need to let the PUC know that the person selected needs to be someone that we also agree upon,” Smith wrote. “Not a member of the PUC, not a state, county or federal employee, but someone that has an understanding of rioting and MFF operations” — referring to mobile field force operations, or anti-riot policing.

In response, Enbridge offered reassurances, according to other police on the email chain. “I had a discussion with Troy Kirby (Enbridge Chief of Security) this morning, and expressed concern over that position and the escrow account,” Aitkin County Sheriff Daniel Guida replied. “He indicated they have some influence on the hiring of that positon [sic] and he would be involved to ensure we are taken care of, one way or another.”

“They are being incentivized to carry out the goals of a foreign corporation, and they’re being taken care of for doing it.”

The exchange between the sheriffs is an example of the public-private collaborations between law enforcement and fossil fuel companies that have raised alarms for civil rights advocates and environmental activists across the U.S. Oil, gas, and pipeline corporations have forged a range of creative strategies for funding the police who respond to their political opponents, from paying elected constables for work as private security to creating an entire police unit dedicated to protecting infrastructure. Other industries have found ways to route money to police, but corporate law enforcement funding related to pipeline projects is among the most pervasive. Civil liberties advocates say the corporate cash raises troubling questions about private influence over the public institution of policing, noting that growing anti-pipeline protest movements have been met by heavy-handed police tactics.

With opposition to the Line 3 pipeline mounting, public records obtained by The Intercept shed new light on the depths of the cooperation between Enbridge and public safety officials in Minnesota — especially law enforcement agencies along the route. “They are being incentivized to carry out the goals of a foreign corporation, and they’re being taken care of for doing it,” said Mara Verheyden-Hilliard, director of the Partnership for Civil Justice Fund’s Center for Protest Law and Litigation, which is representing Line 3 pipeline opponents. She said the dynamic was on view in the sheriff’s description of Enbridge influence over the escrow account hire: “That communication is defining of the relationship between the Enbridge corporation and law enforcement in Northern Minnesota.”

Guida, the Aitkin County sheriff, told The Intercept that, at the time of the email, sheriffs were concerned the account liaison appointment was taking too long and believed Kirby, the Enbridge security head, could speed up the process. Asked for comment, Enbridge directed questions about the account to the Minnesota Public Utilities Commission. In a statement, PUC spokesperson Will Seuffert said, “Enbridge had no input into the Escrow Account Manager selection.” The panel that made the appointment included two commission staff members and one from the Minnesota Department of Public Safety who worked “without any involvement from Enbridge, or any other parties,” he said.

In February, Richard Hart, a former official at the Hennepin County Sheriff’s Office and a former deputy chief of police in Bloomington, Minnesota, was hired for the role. So far, he has approved more than $900,000 in Enbridge funding for law enforcement agencies and other public safety institutions.

For Indigenous water protectors, the cooperation between law enforcement and pipeline companies is part of a long history of public security forces being leveraged against Native tribes for private gain, going back to the violent westward expansion of the United States. Tania Aubid, an anti-Line 3 organizer and a member of the Rice Lake Band, which is part of the Mille Lacs Band of Ojibwe, said, “It’s keeping on with the Indian Wars.”

Money for Tear Gas

Chief among the law enforcement officers’ concerns about the escrow account, according to emails obtained through public records requests, was a rule in the Line 3 permit limiting how the funds can be used. Sheriff’s offices can use the account to pay for any public safety services “provided in and about the construction site as a direct result of the construction and removal of the pipeline,” but they cannot use it to pay for equipment, unless it’s personal protective gear.

It was widely understood — and a particular source of frustration — that so-called less-lethal munitions, such as tear gas, would not be reimbursed through the account. “We do know for absolute certain that munitions will NOT be an allowable expense,” noted Carlton County Sheriff Kelly Lake in a November 19 email to fellow members of the Northern Lights Task Force, a coalition of law enforcement and public safety officials set up primarily to respond to anti-pipeline demonstrations.

“So, we can get reimbursed for trafficking but not equipment needed to protect our community’s? [sic]” wrote Cass County Sheriff Tom Burch a few days later, in reply to an email that said Enbridge funds could be used to address an expected increase in human trafficking related to the arrival of hundreds of temporary workers.

protectors protest at a construction site for Enbridge’s Line 3 oil pipeline near Palisade, Minn., on Jan. 9, 2021.

 

Photo: Kerem Yucel/AFP via Getty Images

The funding gap for less-lethal munitions was important enough that law enforcement officials raised it with Minnesota Gov. Tim Walz. In early October, Walz set up a phone call with the sheriffs along the Line 3 route. Ahead of the calls, Lake, the Carlton County sheriff, distributed a handful of talking points to the group. Among them was the problem of tear gas funding.

“One identified resource we know that will aid in response should the protests become violent and out of control is the use of less lethal munitions such as gas,” the talking points said. “We have been told by the PUC that this absolutely will not be an allowable expense for reimbursement through the Public Safety Escrow Account. Enbridge has said they would not directly reimburse this expense as they have put funds aside into the Public Safety Escrow Account already to be utilized to reimburse public safety for response.”

It continues, “If counties along the pipeline route face mass crowds of violent protests that are prolonged events, the small resources of munitions that we may have will be very quickly depleted. Without these less lethal options, there is an incredibly increased risk for responders, protestors, and the community as a whole.”

The governor apparently offered words of comfort. “Dave’s assessment is that it went very well and he believes that the Governor will figure out the funding piece and the munitions,” Lake said in an email after the call, referring to Dave Olmstead, a retired Bloomington police commander who serves as Minnesota’s special events preparedness coordinator for Line 3, overseeing the public safety response to the project. “It sounds like his staff was already trying to line up a meeting internally for them to discuss it.”

A spokesperson for the governor’s office did not answer a question about the phone call and directed all queries about state funding to the Department of Public Safety, which did not respond to a request for comment. Guida told The Intercept that his department has received no additional funding from the state to pay for less-lethal weapons.

Enbridge Funding Equipment

Regardless of what funding the governor arranged, less-lethal weapons, including tear gas, are baked into law enforcement’s plans for Line 3.

A Northern Lights Task Force document laying out the overarching police strategy for Line 3 protests, also obtained through a public information request, repeatedly notes the importance of protecting free speech rights, urging officers to “make reasonable efforts to employ ‘non-arrest’ methods of crowd management” and to target leaders and agitators, rather than detaining people en masse.

If targeted arrests fail to disperse a group, according to the document, then chemical weapons are allowed, including smoke, pepper spray, or a combination of the two, followed by longer-range pepper spray, pepper blast balls, and tear gas. Impact munitions, firearms-fired projectiles in the less-lethal category like sponge rounds, marking rounds, and pepper spray-tipped rounds can only be targeted at individuals whose actions put others in danger of injury. The use of dogs requires permission from local law enforcement commanders.

Guida justified planning for the use of less-lethal munitions by comparing the Line 3 opposition to the movement against the Dakota Access pipeline at the Standing Rock Sioux reservation. “It seemed that without less than lethal munitions, when they lost control, that things would have continued to spiral out of control,” Guida said.

Verheyden-Hilliard is part of the legal team representing Dakota Access pipeline opponents in a class-action civil rights lawsuit against law enforcement officials in North Dakota, including a woman who lost vision in one eye after police shot her in the face with a tear gas canister. “If we want to look at what happened with DAPL, I think that’s a good idea,” she said. “The lesson we can learn from there is in fact that equipping all these local sheriffs with these very powerful and very indiscriminate and very dangerous weapons causes substantial injury and harm to people.”

None of the weapons have yet been deployed, but counties have stocked up. Beltrami County, which is located near but not on the pipeline route, even submitted an invoice requesting reimbursement from the Enbridge-funded escrow account for more than $10,000 in less-lethal weapons, including batons, pepper spray, impact munitions, and tear gas grenades, despite the restriction.

Hart rejected those requests but approved $911,060 in other reimbursements, including approximately $170,00 worth of equipment: mostly tactical and crowd control gear, as well as miscellaneous items. Reimbursements, for example, were made for port-a-potty rentals, which are considered personal protective equipment because, according to Hart, “the toilets protect jail employees from biological exposure during jail overcrowding.” Among other approved “personal protective equipment” are baton stops, which attach a baton to officers’ duty belts, and gas masks, which protect officers from the tear gas they deploy.

Shanai Matteson, an opponent of the Line 3 who is from Guida’s county, said it feels inevitable that tear gas and other munitions will be used. “What you practice for, and the mindset you have, is what you bring. They’re soldiering up to protect a private company’s assets, so what do we think is going to happen?” Matteson said. “Stopping work on a project that’s destroying the place that we live is not the same as violence that would warrant this kind of a response.”