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Action should not be reviewable, the solicitor general of Washington State urged the court to serve as a check on the executive branch. It has always been the Judicial Branch rolled as they what the law is and is serve as a check on abuses by the bridge. The judicial rule has never been more important in recent memory than it is today. But the president is asking this court to advocate that role during said the executive order without judicial review and to throw this country back into chaos. That. Urt should declinene amy we will s speak with lee gelernt who helped bring the fifirst case challenging trumps muslim ban. Then to o Standing Rock. U. S. Army corps of engineers gives the green light to complete the Dakota Access oil pipeline. Indigenous waterer protectors sy the e fight is n notver. T there radically, drilling underneath the missoururi river. Ould start a any time this is an emergency situation. Amy we will speak with Standing Rock sioux activist chase iron eyes, dallas goldtooth of the indigenous environmental network. First, chair of the Standing Rock sioux tribe Dave Archambault. All of that and more, coming up. Welcome to democracy now , democracynow. Org, the war and peace report. Im amy goodman. The u. S. Army corps of engineers has announced it will greenlight the final phase of construction for the Dakota Access pipeline, profiting indigenous water protectotors and a allies to cal for a last stand against the 3. 8 billion project. Inin a letter to congress, actig Army Secretary robert speer said the corps will cancel an environmnmental impactct study f the Dakota Access pipeline and will gra an n easement today, allowing energrgy transfer partners to o drill under the Missouri River. The corps also sayays it will suspend a customary 14 day waiting period following its order, meaning the company could immediately begin boring a tunnel for the final 1. 5 miles of pipe. The Standing Rock sioux tribe has promised a legal fight. Trouble Council Chair Dave Archambault said in a statement aas data peoples, we have been knocked down again but we will get back up. We will rise above the greed and corruption that has plagued our peoples since first contact. We call on the native nations of the United States to stand together, unite, and fight back. Other water protectors and their allies have vowed to take direct action to stop the construction of the drill on the west bank of the Missouri River less than a mile from the Standing Rock reservation. Activist are planning solidarity actions in cities across north america and beyond. We will have more on the fight against the Dakota Access pipeline later in the broadcast. Among those we will be speaking to, the Standing Rock sioux chairman Dave Archambault. The Seattle City Council has voted unanimously to divest 3 billion from wells fargo over the banks backing of the Dakota Access pipeline. The divestment legislation was first introduced by socialist city councilwoman Kshama Sawant in response to a demand by indigenous water protectors that individuals, cities, and native american nations cut ties with wells fargo and other banks that are investing in the pipeline. The muckleshoot tribe in seattle, the nez perce tribe in idaho and the mille lacs band of , ojibwe in minnesota have also committed to divesting from wells fargo. On capitol hill, the senate has confirmemed billionaire betsy devos for education secretary, after a historic tiebreaking vote from Vice President nt mike pence. Devos nominatioion has sparked widespread outrage and resistance among education advocates, who are concerned devos will move to defund and privatize public education. Devos is a longtime backer of Charter Schools and vouchers for private and d religious schohoo. She considers education an industry. She has called the Public School system a dead end. Devos confirmatatn comes afaftr senate dememocrats l launched a 24hour protest debate in efforts to stall the vote, as they tried to find a third republican senator to vote against her. On tuesday, in new york city, Public School students who were walked out of class in protest against President Trump reacted to the confirmation of betsy devos. This is High School Student tim markbreiter. Just now, as of a few minutes ago, there was a tie for betsy devos is not mike pence got the last vote. Because of hised conservative agenda. I go to Public School. I value education i get so much. This country,ed after everything that is going on, after all of the divisions, that this billionaire woman who never even went to a Public School got confirmed. Amy in a highly in usual move, as it chooses senator Elizabeth Warren was silenced during the Senate Debate tuesday over the confirmation of alabama senator Jeff Sessions for r torney general. After senator warren read a 1986 letter written by Coretta Scott king, who was then opposing sessions for federal judgeship. This is presiding officer monteiro republican senator steveve daines interrupting senator warren. It has been a long uphill struggle to keep alive the vital legislation that protects the most fundamental right to vote. A person who has exhibited so much hostility to the enforcement of those laws the senator is reminded it is her violation of rule 19 of the standing rules of the senate to impute another senator or senators any conduct or motive unworthy or becoming a senator. President , i dont take i quite understand. I am reading a letter from Corona Scott King to the Judiciary C Committee from m 196 that was admitted into the record. I am cindy reading what she wrote. Amy senator warren was then allowed to continue reading the letter in which Karen Scott King writes the irony of mr. Sessions nomination is that, if confirmed, he will be given a life tenure for doing with a federal prosecution what the local sheriffs accomplished twenty years ago with clubs and cattle prods. I believe his confirmation would have a devastating effect on not only the judicial system in alabama, but also on the progress we have made toward fulfilling my husbands dream. Those the words of Coretta Scott king to the senate in 1986. After reading the letter, senator warren continued speaking, but shehe was again interrupted. This time by Senate Majority leader mitch mcconnell. Mr. Presesident t. Majoritity leader. Senators impugn t the motives and conduct of our collie from alalabama as warned by the e ch. Senanator wararren said senator sessionsns has used d the awesoe por of his office e tohill free exercise ofof the votote by blblack citizezens. I called the senator o order u r the prprovisions o of rule 19 fr to. Mr. Preresident . Senatator from massacachus. Im surprised the e words of Corona Scott K King are not suitable foror debate in the United States senate. Amy senator warren is prohibited now from speaking for the remainder of the debate over sessions confirmation. After the Senate Passed a partyline rebuke against her. Her silencing sparked immediate outrage on social media and from otr r senators. This is s califoia senator kamala harris. The s sgestion ofof reciting the words ofof the great front f scotott king would for senenator warren to sisit downndnd be silt is oututrageous. S. I move thehe senator from massachusetts be permitted to proceed in order. Amy shes the only africanamerican woman senator. Pick for labor secretary andrew poster is facing increasing criticism over his admission that he hired an undocumented housekeeper. Puzder says he and his wife employed an undocumented housekeeper for a number of years, and then fired her after learning she didnt have u. S. Work documents. He also says they provided her help in obtaining u. S. Documentation. Puzder is the second of trumps cabinet nominations who has acknowledged hiring undocumented worker. The first was commerce secretary nominee billionaire wilbur ross. Similar practices have led to the rejection of past cabinet nominees including two of , president clintons nominees for attorney general in 1993. Meanwhile, the Washington Post reports puzders chain restaurants carls jr. And hardees have been the subject of multiple Labor Department investigations over wage theft, which have led the companies to pay nearly 150,000 in back pay to workers and more than 80,000 in penalties. The companies have also been cited with more than 30 health and safety violations. Puzder is also facing criticism over allegations of Domestic Abuse by his exwife, who even went on oprah in disguise to speak about domestic violence. Puzders exwife, lisa fierstein, is now telling senators she regrets appearing and that andy and i have since forgiven one another for the hurt we caused each other. Meanwhile, yet another one of trumps cabinet nominees, Oklahoma Attorney general scott pruitt, is facing criticism and a lawsuit by the aclu of oklahoma, which accuses pruitt of violating the states open records act by refusing to turn over documents related to his offices communications with coal, oil, and gas companies, including koch industries. Pruitt has been nominated to head the Environmental Protection agency, despite having a long history of being an ally to the fossil fuel industry and having sued the epa 14 times. His office has acknowledged having thousands of emails related to the records request, but its failed to turn over a single one after more than two years. The u. S. Circuit court of ninth appeals heard arguments tuesday on whether to restore president Donald Trumps executive order banning people from iraq, syria, iran, sudan, libya, somalia, and yemen from entering the United States. The case was brought by the states of washington and minnesota. The emergency hearing came just days after a judge in seattle imposed a nationwide temporary restraining order on the ban. On tuesday, three judges on the ninth circuit heard oral arguments via telephone. Two of the judges were appointed by democrats William Canby and Michelle Friedland and one by a republican, richard clifton. Well have more on the hearing and the legal battle over trumps muslim ban after headlines. President trump met tuesday with members of the National Sheriffs association ring which he lied about the u. S. Murder rate, falsely claiming it is the highest its been in more than four decades. Pres. Trump i would say that in a speech and everyone was surprised because the press does not tell it like it is. It wasnt to their advantage to say that. The murder rate is at the highest it has been in the i guess from 45 to 47 years. Iamy in fact, the fbi says the us murder rate is at one of its lowest points in the last 50 years. Trump also repeatedldly lied abt ththe murder rate during the 206 campaign trail. During that same meeting, President Trump also threatened to destrtroy the career of a tes state senator after sheriff harold eavavenson complained abt the senators proposed legislation. Introducing legislation to require conviction before we could receive the forfeiture money and i told him that thee cartel would b build a monumeneo him in mexico if he could get that legislation pres. Trump will you give his name . Want to destroy his career . Amy Asset Forfeiture is a controversial Law Enforcement practice where police can seize property that belongs to people suspected of crimes, even if they are never convicted. A new yorker investigation shows local police have, at times, used Asset Forfeiture as a cashforfreedom deal, in which police seize cash, cars and homes from people who are , never even charged with a crime. The proposed legislation would require people to be convicted of a crime before the police are allowed to seize their property. In international news, yemen has withdrawn permission n for the u. S. To carry out t special opererations ground missioions n yemen, amid outrage over the Navy Seal Team 6 raid on a yemeni village that killed several civilians, including the 8yearold daughter of anwar alawlaki, a radical cleric and u. S. Citizen who was killed in yemen by a u. S. Drone strike in 2011. The girls grandfather, nasser alawlaki, said she suffered for hours after she was shot in the neck during the january 29 raid. William ryan owens, a veteran member of seal team 6, also died during the raid. The white house continues to claim the raid was a success. And in japan, scientists sayay e radiation lelevels and a damaged reactor atat the fukushima n nur popower plant arare at the higit point since the Nuclear Plants meltdown six years ago. M massive, 201011, a earthquake and tsunami hit the northeheast coast of japan tellg 20,000 people, another 160,000 pepeople then fled the radiation of fukushima. It was the worlds Worst Nuclear Disaster since chernobyl. Experts are calling the radiation levels now detected at the plant unimaginable. And those are some of the headlines. This is democracy now , democracynow. Org, the war and peace report. Im amy goodman. The u. S. Circuit court of ninth appeals heard arguments tuesdaday on whether toto restoe president donald t trumps executive order banning people from iraq, syria, iran, sudan, libya, somalia, and yemen from entering the United States. The case was brought by the states of washington and minnesota. The emergency hearing came just days after a judge in seattle imposed a nationwide temporary restraining order on the ban. On tuesday, three judges on the ninth circuit heard oral arguments via telelephone. Two of the judges were appointed by democrats William Canby and friedland, Michelle Friedland and one by a , republican, richard clifton. Justice Department Lawyer August Flentje argued trumps executive order was constitutional. Congress has expressed the authorized by the president when it is necessary or when otherwise it would be detrimental to the interests of the United States. That is what the president did here. And the president determination that a 90 day pause was needed for the seven countries at issue here in order to ensure adequate standards language from the order for visa screening was plainly constitutional. The districts courts order, which contained no assessment of illegality to the order, was in ererror and we encoururage the t tuesday. Amy during his argument justice , Department Lawyer August Flentje questioned the role of the court in reveviewing the president s actions. The reason we sought isediate relief and a stay because the District Courts decision overrides the president s National Secure to judgment about the level of risk. And we have been talking about the level of risk that is acceptable. As soon as were having that discussion, it should be acknowledged that the president is the official that is charged with making those judgments. I would also like then that theuing president s decision in that regard is unreviewable . The yes. Amy noah purcell, the solicitor general for the state of washington, said it was the courts role to serve as a check on the executive branch. H. It has always been the Judicial Branch is the say what the law is an to serve as a check on abuses by the executive branch. That judicial role has never been more important in recent memory that it is today. At the president is asking this court to advocate that, to reinstate the executive order without meaningful judicialal review and aututhor ofof this country y back into chaos. Throw this country back into chaos. Lee we are joined by gelernt, an aclu attorney who presented the first challenge to trumps executive order on immigration. His argument resulted in a nationwide injunction. It is great to have you with us today. What do you make of the Court Hearing yesterday . They were well prepared. I would say it is always difficult to predict what a court would do, but they gave i think they had pointed, tough questions of the u. S. Government. In particular, they wanted to know, could they review this . That is the sort of take away from all of this. Is the administration saying that the courts have no role . Because of the courts have no role, were in a dangerous situation. So i think they properly pressed u. S. Government, what is our role, and are you really saying there is no role . Amy what do you mean by role . They can review with the president did. Theres no question the president and congress are allowed some deference in this area. But the u. S. Government cocoming dangerously close to saying i if the president t sayt is ok, thehen it is ok. I think what youre seeing from the panel last night and from all of the courts around the country is, no, no, no, the courts have the final word on what the constitution means and the constitution is ultimately paramount. I think that is what has been heartening about what has happened since the executive order. We went in within 24 hours of the executive order being passed. And by saturday night, one day later, we had a nationwide injunction. I think it gave everyone something to rally around that the courts were going to play their traditional role. That is what i think has been heartening about this last 10 days. Amy lets go back to the hearing. Canby, a carter appointee, and judge ricichard cliftoton, a geoeorge w. Bush appointee, questioned Justice Department attorney August Flentje on what oversight president ial o orders can be subject to. This first is judge can be. Could the president simply say in the order, were not going to let any muslims in . That is not what the order does here. I know that. Sorry,er relies your honor. Could he do that . Would anybody be able to challenge that . That is not what the order does here. I know that. I do want to get to one key point. We would like to get to an answer to that question. It speaks back to the standing issue. If the order said muslims cannot be admitted, would anybody have standing to challenge that . Given a rude to make a constitutional challenge of their were such an order. It would be by a u. S. Citizen someoneonnection to seeking entry. This is a far cry from that situation. Amy can you comment on this, lee gelernt . The administration is trying to say, look, this is not a muslim ban. The word muslim does not appear or islam does not appear. The courts look behind the face of the doctrine. That is standard Supreme Court law. Otherwise, you could have a state, a federal government, the president doing something with real discriminatory intent and then simply take out a few words. The administration is ultimately was caught on that when former mayor Rudy Giuliani said, well, i told and this is how to do it. Amy i want to go to rudolph giuliani. He was speaking on fox when he made this comomment. I will l tell you the whohole historory. When he first announced it, he said muslim m ban. He said, put a commissioion totogether, show me the e righty to do it legally. I put a commission together with judgment casey, congressman mccall, pete king, a whole group of other expert lawyers on this post u up what we did was we focused on, instead of religion, danger. The areas of the world that create danger for us. Which is a factual basis, nonota religious basis. Perfectly legal. Perfectly sensible. That is what the ban is based on. It is not based on religion. It i is based on places where there are substantial e evidence that people are sending terrorists into our country. Amy this is december 2015, not a surrogate for donald trump, but donald trump himself calling for a total and complete shutdown of the entry of muslims to the United States. Pres. Trump donald j. Trump is calling for a total and complete shutdown of muslims entering the United States until our countries representatives can figure out what the hell is going on. We have no choice. We have no choice. Amy so the statements might impact the courts ruruling. Lets go to another clip from the hearing. Judge clififton asking departmet of justice lawyer August Flentje about t antimuslim statements attributed to trump and his advisors during his campaign. We hear first from flentje. It is extraordinary for a court to enjoin the president S National Security determination based on some newspaper articles. That is what has happened here. That is not that is a very troubling, secondguessing of the National Security decision made by the president. And the notion that were going to go back to court stop. Do you deny in fact the statements attributed to then candidate trump and do his political advisers, most recently mr. Giuliani, denied those statements were made . Judge clifton, no, i would saidjudge robart himself he wasnt going to look at campaign statements. And i think that is a different point. I understand the argument they should not be given much weight, but when you say we should not be looking at newspaper articles , were all on the fast track your. Both sides have told us it is moving too fast. Either those kind of statements were made or they are not. If they were made, but made not to be a serious policy principle, i can understand that. But if they were made, it is potential evidence and a basis for it argument. I want to make sure i know what is on the table. Those are in the record, but i think my point is a little narrower than in the expedited procedure of a tro taking this extraordinary action of halting this order that the president determined was in the National Security interest of the united an unwise course. It should be stayed. Amy that is the Department Justice lawyer August Flentje. He makes the point, only look at what is on four orders of the document, dont look at the campaign or what people said. That is wrong. The Supreme Court has said over and over, you can look beyond the four corners of the document if theres evidence of disciplinary intent. Were not talking about newspaper article or then candidate trumps on statement. Not just one statement, there was one offhand statemement, tht is one thing. But it is over and over. I think everyone knew what he and to do with this executive order. The other thing i point out that is getting lost, the order on its face discriminates among religions. By denomination, but it does talk about minority religions and majority religions. Of even that is prohibited the establishment clause. The governmement is not supposed to be in the business of choosing between religions, particular religions, or even minority and majority. After the executive order was fined, very clearly said the provision was intended to benefit christians. In this country and under our constitution, we do not favor one religion over another. That is most bedrock is will and our country. Amy explain where this goes. They say their boy to make a decision. It can be handed out today, tomorrow, the next day. What does it mean . What are the possible choices these judges can make . They can simply a from the District Court and say we will keep everything on hold while this case moves forward. This is temporary relief. In the u. S. Government will have the opportunity to go to the Supreme Court if they choose, a very fast track. I dont know i dont know that they will when serious lawyers look at this and see how little time there is. The case is moving on a very fast track back in District Court. If it is overturned, if the stay is overturned, washington to go to the Supreme Court. Whether either side will, remains to be seen. Ultimately, the case has to go forward like our case in new york and maryland, and other cases. Ultimately, we will have to reach the merits of all of this. This is all culinary skirmishes stick keep the status quo. This is about, who is going to be harmed more during the interim when the case is Going Forward . I think it is good with refugees abroad or in real danger and all of the other harms that befell people that t if you keep the executive order in place, people are going to be really harmed. The u. S. Government could not come in with a countervailing arm, especially because all of these people have been vetted. There was an iraqi who helped our u. S. Military amy this is the first case you brought, racing to thehe brookln court. Yoyou are reprpresenting two me. Classthbehalf of the nationwide. The government is putting out this narrative we dont know who is coming in. Of these are people who helped come up with their lives at stake for the u. S. Military, and their lending here and President Trump says he doesnt want you put your lives at stake, at risk. Amy President Trump clearly is not used to having people review his decisions as the ceo of trump empire. His first reaction was to lash out at the judge, call him a socalled judge. The significance of this . The rule of law is critical. The president has to respect the courts. That may be the overriding issue here. That is bigger than any particular Civil Liberties issue. Amy clearly, there is trouble in the administration. ,ou have the lawyer, flentje coming into this at the very last minute in the hours before he argued this in this very odd telephone call where one of the judges was in hawaii, another everyone was in a different place, and this was argued over the phone. He comes in. When he sees he is not doing so well at the end, he says, for one thing, at least dont allow people who have never been in the United States to cut into the United States if youre going to make a partial decision. Whwhat aboutut this . A fallback argument. I dont think it is possible to split it up now, especially how quickly things are moving, how the administration would actually implement such a division between people. And everyone is being harmed. I dont think that is a wise course, but you can see the government fell back on something, realize they were not going to get everything they wanted, and try to the last minute some sort of fallback, minor amy let me read a tweet that just came out. Donald trump did not respond to the hearing last night, but he did say if the u. S. Does not win this case, as is so obviously should, we could never have the security and safety to which we are entitled. Politics i will be speaking at 9 00 a. M. Today to Police Chiefs and sheriffs and we will be discussing the horrible, wrong decision. We would prefer the president not to say to the courts, if you do this, the whole Country Security is on you. I think the courts are doing what theyre supposed to do and looking at the constitution. They are doing their best. They are a coequal branch of the government. Amy can you go back in time to friday, january 27, what you are doing over at the aclu and where you ended up that day . Toso we had a call from 7 30 9 30 about the executive order that had come out at 5 00. We were hopeful enroute to the u. S. Would be allowed in and we were preparing a challenge for people still overseas. At 10 00, i start getting a text , there may be people at jfk who are being stopped. So we gather a whole group of , the nationalale Immigration Law center, the International Refugee Assistance Project and we stay up all night to file a complaint on their behalf at 6 00 in the morning. We then spent all day trying to get the government to assure us he will not remove anybody while the case goes forward. We could not get those assurances. We rush in for an emergency stay post up at 6 00 p. M. Saturday night, the judge says, be down here at 7 30. There are about 50 people. I say, grey, 50 people on short notice. When i come out after arguing the case, there were 1000 people. I think we are in one of those real civil rights movements where it is not just the lawyers presenting arguments in court, but the community and everyone rallying together. I think that is what it is going to take. Amy what happens with your case . How is it affected by the decision that has come down . One thing to keep in mind, esespecially for your listeners, if they traveled here in reliance on the washington order and even of the washington order is overturned, they are safe because of the injunction issued in brooklyn that says no one reaches u. S. Soil can be removed. The other thing to keep in mind, the washington case is moving ahead quickly right now but no one knows which case is ultimately going to go first and what is going to happen in any particular case. That is what we are moving forward with all of the caseses. We will be on a fast track in new york as well. Amy you are refiling your case . Our case has never not been in t the courts. The e other thing in our case, were seeing noncompliance by the administration and that is dangerous. Judge donnelly specifically said, give the plaintiffs a list of everyone who was detained and been affected by this executive order. That is 10 days ago. We still have not gotten the list. We have gone back to court to say, you need to enforce this order. The administration is not complying. We need a list of people who got here and may have been coercrced into waivingng their righthts. We knonow of people are ready wo were sent back agagainst their will without a lisist from the government, we cannot contact everyone and find out who knows how many people were sent back against their will after the case was filed. Amy how about the justice Department Lawyers, the government lawyers saying 100,000 visas were canceled . You know, were in a dramatic moment here. Hopefully, those people will get back their visas. It is troubling because those people were extensively vettete. This narrative about we dont know who these people are . It is simply wrong. Especially with the refugees. They are so extensively vetted. Of finally, the explanation this is a obamas list of seven countries. This is not our list, President Trump said. But obama did not put a band. He said, were going to do some other things with vetting. Fine. Vetting, butainst a ban is a whole different thing. And go i want to thank you very much, lee gelernt, for joining us, presented the first challenge to the executive order on immigration. His argument resulted in a nationwide injunction. This is democracy now thisll continue to follow issue. We will be back in a minute. [music break] amy and honor some performed for the members of the Seattle City Council after the vote to divest from wells fargo, a fighter of the Dakota Access pipeline. During the song, they gave the members a gift on dual with water from bundle with water. This is democracy now , democracynow. Org, the war and peace report. Im amy goodman. The u. S. Army corps of engineers said tuesday it will greenlight the final phase of construction for the Dakota Access pipeline, prompting indigenousled water protectors to call for a last stand against the 3. 8 billion project. In a letter to congress, acting Army Secretary robert speer said the e corps will cancel an Environmental Impact study of the dakokota access pipeline and will grant an easement today alallowing E Energy Transfer Partners to drill under lake oahe on the Missouri River. The army corps also said it was suspend a customary 14day waiting peririod followiwing its order, meaning the company could immemediately begigin boring a tunnel for the final ononeandahalf miles of pipe. In response, the Standing Rock sioux tribe promised a legal fight. Tribal Council Chair Dave Archambault said in a statement as native peoples, we have been knocked down again, but we will get up. We will rise above the greed and corruption that has plagued our peoples since first contact. We call on the native nations of the United States to stand together, unite and fight back. Dave archambault is asking allies to protest at state capitols and at a march in washington on march 10. Other indigenous water protectors and their allies have vowed to take direct action to stop construction at the drill pad on the west bank of the Missouri River, less than a mile north of the Standing Rock reservation. Meanwhile, activists are planning solidarity actions in cities across north america and beyond. To begin, were joined by Dave Archambault, chairman of the Standing Rock sioux tribe. He is currently in washington, d. C. Welcome to democracy now can you respond to the word that just came down yesterday . Amy, this is something that we do not think was going to happen yesterday. We had a status conference with the judge. The judge asked the department of justice when a decision was going to be rendered. The corps of engineers said they were reviewing the process and most likely would be friday or maybe next week. So i made plans to come out to d. C. And try this one last attempt to meet with the army corps of engineers before they made the decision. With theto try to meet white house. I had a meeting set up with Intergovernmental Affairs william kirkland. As soon as i landed, i got notice. It was disheartening. I canceled my meeting with the white house because, obviously, theyre not willing to listen. They dont want to hear from the tribe, which is unfortunate. This is something that we were so thankful that the Previous Administration at least took the time and look at all angles and all perspectives of this argument. Amy can you explain what is happening today . The easement being granted. What does this mean . Can Dakota Access pipeline, the energy that owns the pipeline, begin drilling today . They dont have the easement yet, amy. If theyre going to get the easement, i would wait to see whether or not the notice to congress is going to be waived or not. Every time something comes out in the news, it appears that people take it as definite. We always stop and take a look. Were going to start working with congress and say, dont wave the 14 day period. Give us time to inform congress of what is going on. What is happening is our treaty rights are violated, our human rights are violated. Beinggal the laws are dilated. Violated. Ws are being this is complete disregard for the environment, for what its people say. It is unfortunate. We need to be heard by decisionmakers. It seems like the process is trying to expedite and facilitate something that is unlawful. Amy so in the letter, your letter of the Standing Rock tribe, it says on next step for tribe and allies, the tribal challenge in easement decision on the grounds that the Environmental Impact statement was wrongfully terminated. So president obama said that the Environmental Impact statement should be done and talked about the possibility of rerouting. This whole process has now been canceled . There will be no Environmental Impact statement . What we were asking for was, what would the impact be to our nation if there was an oil spill . That is what the Environmental Impact statement would do. How is it going to impact our people, our culture, our heritage . That was never looked at. Environmental assessment does not look at that when it comes to Indigenous People. The encroachment to the Indigenous Peoples rights. We have been asking for that. For once, this government said, ok, lets pump on the brakes and do an Environmental Impact statement and see what the study tribalhow it will impact lands, treaty rights, human rights, the environment for this nation. What will that do to them . So it was progress for something that we have been asking for. For the administration not for the administration, but for the government to say, were going to do this and then come back and say, were not going to do this because of donald trump. And donald trump is a puppet. I would say he is a puppet because the Koch Brothers are running this country now. They feed all of congress not all, but the majority of congress. This president is taking direction from corporate america, from the Koch Brothers. It is something that this country has to start to realize. It falls in line with all of the other executive orders he has given. So there is going to be a trend here. And we have seen it in the first two weeks. It started. I dont think any leader of a nation should make decisions without hearing all perspectives host of if you are not doing b base there going to decision off who is telling you what to do. Amy you have not spoken with the Trump Administration . No, i havent. I set up a meeting today to meet with Intergovernmental Affairs. We have been trying ever since the election. No one would listen no one will meet with us. Finally, we got a meeting. It was scheduled for monday this tok, then it got pushed today. So i came in to get this meeting done. Why are we standing up against this pipeline . What is the cause . It is important for you as a Decision Maker to understand why there is a movement, why we are standing up. So you can respond. They canceled amy last her,r, Energy Transfer partner predicted that have i would go forward under a Trump Administration. This is kelcy warren speaking novembmber on cbss news. Once i it takes over j jany 20, one of t the prospects . 100 that the easement gets grananted in the pipeline gets built. Have you spoken to donaldld trump abouout the pipeline . Ive nevever met the man. But he is invested in you and your invested in him. I wish him well. It t doesnt hehelp thehe pee downstreream if it leaks. Pipelines do leak. It is rare. I think the chances of this pipeline linking is extremely remote. You think the protesters are going to go away once youre done . Absolutely. Theyre determined to stop your project. That is naive. Youre not stopping our project. Amy that is kelcy warren, the ceo of energrgy transfer partne, which owns the Dakota Access pipeline. Chairman Dave Archambault, you write in your letter response, he says you wont stop it. What do you say . Amy, what is unfortunate is when i visited with kelcy warren, and i shared with them why we are concerned and all of the wrongs that took place to our people, he agreed that this pipeline should not go, it should not be there. If unity information prior to if you knew any of the information prior to the scoping, he would have rerouted it. He knows and he understands why we resist this. That we are going to move forward with our resistance and were going with the Obama Administration, were going to do whatever we can, and were going to do whatever we can with this new administration. Our only chance now is to go through court with a decision that donald trump is doing. We understand the court system has never been favorable for the tribes, but we have to do something and we know we have a lot of support from around the nation, from around the world, and we are thankful for that support. Were going to keep fighting this thing. It is s not over until it is ov. Amy a native nations march, the tribe put out in a statement, your statement, dashed on march on washingtoton scheduled march 10. What are the plans . I think the market is very important because we need to start focusing on more because i believe that donald trump is going to start attacking all of treatyhts, all of our rights, not just this one pipeline is going to be the issue. Were going to have to start battling for our Law Enforcement, our education, our health care all of these things are going to be under attack. So having this march is building awareness for this nation that our Indigenous People are still here and we are not going anywhere. And we are going to be here. Were the first occupants of these lands. President ones trump is having this issue with immigrants. He is an immigrant himself. He is occupying our lands, and he is breaking the rules and the laws come a federal laws, that key people safe. Keep people safe. We need to build awareness about that and come to d. C. And let the world know who are the first occupants and that we are not going anywhere and we are going to be here for the next four. Ears, if not sooner this p president is not gogood r this nation. Amy Dave Archambault, you have been arrested protesting the Dakota Access pipeline, arrested for civil disobedience. Do you plan to do that again . What ithat encourage is nonviolence. I dont think violence is necessary. I did get arrested. From that time i said that arrest, one arrest is enough. Dont think it is necessary we did make enough noise this movement is louder than ever before. Louder than anyone anticipated. I am thankful for all of the support that came. It is something that we never anticipated. Because of this movement, we have to take the lessons that were given to us at that time when it was healthy. So were goioing to continue to thank ourr allies and encourage them to march on their capitals, to go to their state Congress Representatives and ask them to listen to the tribal nations. We have to keep making sure that this noise, this momentum that we have, is still there. Way on a whim if we are not strategic about our next steps. One other thing, continue divestment, things that happen in seattle, exactly what has to happen if we know the Koch Brothers a running this nation, that we have to encourage anyone and everyone we know. We need to take our nation back and divest from these types of organizations, these types of countries were these types of corporations who are feeding lawmakers, feeding the president of United States. Amy Dave Archambault, thank you for being with us, chairman of the Standing Rock sioux tribe. We will continue this conversation when we come back from break with Standing Rock sioux member chase iron eyes and indigenous leader dallas goldtooth. Stay with us. [ [music break] amy this is democracy now , democracynow. Org, the e war and peace report. Im amy goodman. We continue our conversation about the fight against the 3. 8 billion dollar Dakota Access pipeline. On tuesday, the u. S. Army corps of engineers said it will grant greenlight the final phase of construction of the pipeline. And as the international called it unlawful and appalling violation of human rights. In recent months, police have launched an escalating and violent crackdown against the resistance is Standing Rock. Last week, more than 70 were arrested after militarized police raided a new resistance camp set up on historic sioux treaty land. Among those arrested was awardwinning public journalist in a monday who was on assignment for Indian Country media today. For more, were joinened by two guests. Dallas goldtooth is with us, organizer with indigenous environment will network. And in vancouver chase iron eyes , front was also arrested this past week in the raid. We welcome you both. Chase iron eyes, with this news that the easement will be granted for the final building of the pipeline under the Missouri River, your response . I think it is something that we expected all along. It rings true and vindicates those of us who on december 4 denial by the Obama Administration was a hollow and meaningless victory. And now the Trump Administration is making it very clear that they intend to destroy our only Drinking Water resource for the stating rock resource in the telly people who live south of the proposed pipeline. Rilling can begin any minute were looking at the potential of an armed raid or forcible raid after february 22 when the army corps said they would on our as trespassers own land, the same as the United States army said they would declare us hostile if we did our return to the reservations in 1875. Amy so what are your plans . Right now there are probably 400 to 500 people, water protectors, north of the 1889 boundary that was the result of an illegal annexation of treaty territory by the United States against, not j just the ststandg rorock nation,n, but the entire members of the great sioux nation. Other tribal governments are weighing in and supporting aa fight on the ground as they have a righght to do. There are 400 to 500 people north of the cannibal river in a contested zone, andnd the trerey zonene in a place where acaccorg to the United States a army cors of enginineers, we are not supposed to be. And theyre going to stand their ground. There are already people on route to join this peaceceful, prayerful, nonviolent exercise of our human treaty, constitutional, and civil rights , which are at statake, which ae constatantly b being encroachedn by what seems to be trurump tyraranny. We talk k about the arrest. The arrest are above 700 in number will stop this includes journalists, including herself, amy, it includes the brutalizations of the young woman named scipio seville sophia wilensky, the permanent maiming by at close range deployment of less lethal bullets. It includes dog attacks. It includes water canons and so everything temperatures. The negligent or intentional risking of human liveves. Morecludes the lying, the and county lawenforcement agencies, lying about the criminal conduct. So there is a light happening. There is a lot they need to be held accountable for. Nonot only are people north of e cannibal river, but there are people the Standing Rock reservation already on the ground. I know there is a difference of opinion, but we stand united with the Standing Rock nation in wanting the most highly militarized blockaded north dakota history to be lifted. Because it is functioning as a successful economic sanction. It is the equivalent of when they withheld rations from our people when we would not agree to the dictates of the united ates govovernment and the agents at that time. You is theat feeds head back and star view. That is what is happening right now. Amy are with to bring in dallas goldtooth of the indigigenous environmental network. Dallas, can you talk about the protests happening, the Seattle Council singh they would divest fromom wells fargo, and otheher actiononthat are taking place now . Yourur plans . Quick thank you fofor having me on. I want to say send an acknowledgment and appreciation to our women and youth who have been leading this effort. There truly the backbone of this movement and have been leading us through this entire process. L literally 20out as to 30 people in the middle of the prairie and the grassroots fight against this corporation has culminated into what happened t the other day in seattle with the city made the announcement that theyre going to divest over 3 billion out of this company or out of wells fargo who funds this company. I think that shows the power of unified action, the power of mobibilization and shows the por of us as a people and what we can do when we really put our energy and focus on building a better, sustainable world. Right now we have a call to acaction across s the planet and specifically on Turtle Island known as socalled north america for people to take to the streets of the rise up and risee with Standing Rock in Mass Mobilization to support this effort and this fight against the abrogation of indigenous rights, this complete disregard for the law of the land. So we have actions happening and washington, d. C. , later on this afternoon. We will have actions in seattle, l. A. , san francisco, denver, of a cookie, new york city. People who want to follow along, they could check out the everydayofaction. Org. Is ththe point ofof all of this, were fighting against a system. We need to do thisis together. After rise up together. Amy we will continue to follow this. Dallas, youre flying to washington, d. C. , for that action today. Dallas goldtooth with indigenous environmental network. Chase iron eyes with lakota peoples law project and an Standing Rock tribe. That does it for our show. Democracy now is looking for feedback from people who appreciate the closed captioning. Email your comments to outreach democracynow. Org or mail them to democracy now [theme music playing] reyes wildlife trafficking is growing with a booming illegal market. Its become a big concern in peru, and people are fighting back. Im elaine reyes here in washington, d. C. , and this is americas now. First upup, animals in the amazon rainforest are being captured and sold atat an alarming rate. Police c conduct raids to stop the trade, but bribery is widespread. Woman some people have in their housese a monkey. This i is common. Selling g hundreds of f animals a year, and youre saying. Collecting sometimes hundreds of animals, and people from outside are coming and pickcking them u up, ththis is not common. Yes cororrespondent dan collyns s reports from peru on the multibilliondr

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