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Thread: Standing Rock, Dakota Pipeline Protests...Who's gonna participate?

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    Avalon Member avid's Avatar
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    Default Re: Standing Rock, Dakota Pipeline Protests...Who's gonna participate?

    Good grief, thanks Bob, there are folk here unaware. We were assured that nothing would happen 2 years ago... 😡😡😡
    The love you withhold is the pain that you carry
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    Avalon Member Bob's Avatar
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    Default Re: Standing Rock, Dakota Pipeline Protests...Who's gonna participate?

    I'm monitoring for reports on the pipeline issues.. of course the DAPL, and Keystone and other pipelines and key issues.. When there is a protest the actual reason that can't be poo poo'd by the Courts has to be discussed.. Not environmental warming from burning hydrocarbons, but the track record of the pipeline companies, the actual imminent danger posed to the local communities appears to be the proper presentation.. "appears" not totally certain, absolutely invite thoughts on that defense..
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    Avalon Member Bob's Avatar
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    Default Re: Standing Rock, Dakota Pipeline Protests...Who's gonna participate?

    Another pipe-line explosion - Libya

    The pipeline, operated by Waha Oil Company, Libya, carries crude to the Es Sider terminal. The blast occurred 130 kilometers (81 miles) south of Sidra.

    Armed men blew up a pipeline pumping crude oil to Es Sider port on Tuesday, cutting Libya’s output by up to 100,000 barrels per day (bpd), military and oil sources said.

    The attackers arrived at the site near Marada in two cars and planted explosives on the pipeline, a military source said.

    End result? Oil prices ROSE.

    hmmm



    Libya's production region and infrastructure



    Oil and natural gas in pipelines is not safe when it can be accessed by those for any nefarious purpose it seems.. If valve and pumping systems (above ground) are accessible, then sabotage can happen (called monkey wrenching).. Oil shipping "pipeline" companies appear to be notorious for using pipelines until they break.. When they break damage happens..

    So what we are seeing here is a multi-pronged issue.. As long as crude, or refined products or natural gas is being shipped with a pipeline system (or other systems such as RAIL), there will always be somebody or something that tries to monopolize on the failings of the transport.. The same thing could happen with electrical high tension lines, if there were enough attention put on such, if monkey wrenching will happen it will happen, no matter what the product is that has leverage it appears.


    (image from RT dot Com)

    From RT dot Com their hit on the incident:

    Quote A military source told RIA Novosti that the “large” explosion at the pipeline was the result of a terrorist attack, carried out with the use of “an improvised explosive device.” The Libyan armed forces heard the blast from a distance of 20 kilometers and headed in that direction, while the militants retreated, the source added. “The fighters belonged to either (al-Qaeda-affiliated) Benghazi Defense Brigades or Islamic State (IS, formerly ISIS/ISIL) as they are terrorists who carry out diversions to cripple oil production facilities.”

    The news of the Libyan blast saw oil prices spike to above $65 a barrel on Tuesday, trading close to its highest mark since mid-2015. Another factor contributing to the increase in price are the voluntary supply cuts by OPEC. Brent crude, the international benchmark for oil prices, went up 10 cents to $65.35 a barrel, while US crude added 12 cents at $58.59, Reuters reported.

    The port of Es Sider changed hands on several occasions during the Libyan civil war, which started in 2011. It was severely damaged by the fighting, and remained closed between 2014 and 2016. This March Es Sider, which was shipping around 447,000 barrels per day when the conflict started, was recaptured by forces loyal to Libya’s eastern-based military commander, Khalifa Haftar, and resumed operations.
    Last edited by Bob; 27th December 2017 at 19:56.
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    Default Re: Standing Rock, Dakota Pipeline Protests...Who's gonna participate?

    DAPL legal issues have NOT gone away

    You will recall, earlier in this thread, that Chase Iron Eyes was arrested and others protesting the DAPL.. At this point the current Judge has decided that with holding discovery information is a "good thing" (basically that is type of slam in the face of criminal proceeding where a defendant has a right to see all the information that the prosecution has against them)..

    MANDAN, N.D. (AP) — A North Dakota judge on Wednesday limited the amount of information the governor's office can be asked to give attorneys for an American Indian activist accused of inciting a riot during protests against the Dakota Access oil pipeline

    Judge Lee Christofferson also said he plans to deny a defense motion to force prosecutors to obtain and turn over evidence from private security firms, after Morton County Sheriff Kyle Kirchmeier testified that the two did not work together.

    The decisions could deal a blow to the efforts of Chase Iron Eyes to prove what he believes was a conspiracy by law enforcement in concert with private security to portray pipeline opponents as terrorists and violate their civil rights. Iron Eyes hopes to show that civil disobedience was his only option to resist a pipeline's incursion on his ancestral lands and to prevent the conspiracy.

    Iron Eyes is a member of the Standing Rock Sioux, the tribe leading the legal fight against the $3.8 billion pipeline because it fears a leak would contaminate its water source. The pipeline has been moving North Dakota oil through South Dakota and Iowa to Illinois since last June.

    Iron Eyes and 73 others were arrested Feb. 1, 2017, after erecting teepees on land in southern North Dakota that authorities said is owned by Texas-based pipeline developer Energy Transfer Partners. Protesters said they were peacefully assembling on land they believe rightfully belongs to American Indians under old treaties. Iron Eyes could face five years in prison if convicted.

    His attorneys subpoenaed Gov. Doug Burgum in March, making dozens of requests for information they hope might help his case. The attorney general's office objected on several grounds including the request being unreasonable.

    Christofferson during a Wednesday hearing limited the request to information regarding former Gov. Jack Dalrymple's emergency declaration, his activation of the National Guard and his triggering of a law officer-sharing agreement with other states. He also said he won't allow Burgum to be called to testify without his permission.

    The judge during the hearing criticized prosecutors for being slow to provide evidence requested by the defense as the two sides prepare for trial, and he set deadlines for some evidence to be turned over. However, he also called out defense attorneys, saying, "when you do a list, you seem to include everything but the Library of Congress."


    Chase Iron Eyes, right, sits next to his attorneys in a Morton County courtroom in Mandan, N. D., Wednesday, April 4, 2018, during a pretrial conference on charges of felony inciting a riot and misdemeanor criminal trespass related to the Dakota Access Pipeline protests on Feb. 1, 2017

    "Discovery" - (https://www.nolo.com/legal-encyclope...-disclose.html)
    Discovery is the process through which defendants find out about the prosecution’s case. For example, through standard discovery procedure, they can:
    get copies of the arresting officers’ reports and statements made by prosecution witnesses, and examine evidence that the prosecution proposes to introduce at trial.

    Traditionally, the prosecutor wasn’t entitled to information about a defendant’s case. But in recent years, discovery has become more of a two-way street. Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants.

    Modern Discovery Policy
    Pretrial disclosure of information through discovery can foster settlement and enhance the fairness of trials.

    Can prosecutors spring evidence on defendants like they do on TV?
    No. In the past, prosecutors could guard evidence from defendants with the same fervor toddlers show in protecting toy trucks and dolls from their siblings. Defendants couldn’t force prosecutors to hand over witness statements or even reveal the names of their witnesses. Now the view that advance disclosure will promote fairer trials has taken hold—if defense attorneys know ahead of time what to expect, they can better defend their clients.

    Surprise evidence may produce fine drama, but it leads to poor justice. Unlike prosecutors, defendants can’t call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

    Are discovery rules really intended to help defendants at trial?
    Not exclusively. Sure, advance disclosure promotes fairer trial outcomes, but it also promotes case settlement, which saves judicial time and resources. If a guilty defendant finds out before trial that the prosecution has a particularly strong case, that defendant will be more likely to plead guilty and save the government the hassle of trying the case. Discovery is likely a significant reason why at least 90% of criminal cases settle before trial.

    Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.

    Does discovery mean that the prosecution has to reveal its case strategy?
    No. Discovery rules generally distinguish between raw information like names of witnesses, police reports, and drug or alcohol test results, and attorney theories and strategies. The latter is called “work product.” Prosecutors don’t have to turn over their work product to defendants—otherwise, it just wouldn’t be fair. Lawyers would be incentivized to hide their work or do less of it

    EXAMPLE
    Vy Tummin is charged with assault and battery on a police officer. Vy claims that she reacted in self-defense to the police officer’s use of illegal force. The prosecutor plans to show a videotape of the incident to the jury. The prosecutor also has prepared a file memorandum as a self-reminder about what portions of the tape to emphasize during the trial and why those portions are especially significant. Vy’s lawyer demands to see the videotape and all the prosecutor’s trial memoranda. Discovery rules allow Vy's lawyer to see the videotape. But the prosecutor won’t have to turn over the memorandum. The memo is the prosecutor’s work product because it contains strategic analysis.

    Is there a particular period of time prior to trial when the defense is supposed to engage in discovery?
    Not really. Prosecutors can’t disclose all discovery on the eve of trial, but on the other hand, they don’t have to divulge it all way ahead of time. Discovery can unfold gradually. For example, a defendant’s attorney might receive a copy of the police report at the first court appearance, but might not receive a prosecution expert’s written analysis of blood evidence until shortly before trial.
    Each of us play our part in creating a new story for humanity and our planet ~

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