Army Corps Declines to Enforce the Law

Despite deadline, Army Corps of Engineers has no plans to remove pipeline protesters

Last Friday the Army Corps of Engineers sent protesters a letter informing them that the public land on which they have been camping for months already will be closed as of December 5th. That means that after that date everyone who remains at the main protest camp will, at least in theory, be trespassing and could be arrested.

However, it seems there is much less to the action by the Army Corps than it first appeared. Sunday the Army Corps of Engineers issued a statement saying it had “no plans for forcible removal.” In other words, the protesters may be trespassing in theory once the deadline passes, but no one is going to enforce it.

The Army Corps of Engineers “is basically kicking the can down the road, and all it is doing is taking the liability from the Corps and putting it on” the Standing Rock Sioux tribe, Morton County Sheriff Kyle Kirchmeier said…
County and state officials have been seeking federal law enforcement help for months and were initially buoyed by the Corps’ order for protesters to move off the land. The agency’s later announcement that it would not forcibly evict any demonstrators dampened hopes that the issue would soon be resolved, Morton County Commission Chairman Cody Schulz said.
“It’s useless for local and state law enforcement, and the order from the Corps is self-serving and amounts to them limiting their liability,” Schulz said.

Gov. Jack Dalrymple criticized the move, telling the AP, “Clearly the responsibility of clearing that land now lies primarily with the Corps.”

What the feds won’t do the winter weather might. There was much consternation a week ago when police sprayed water on protesters who approached their line. At the time it was only about 20 degrees outside. But that could seem balmy by next month. There is a snow storm hitting the area this week and the current forecast is for a high of 10 degrees Fahrenheit in Cannonball, ND next Thursday. The low that night is forecast as -2 degrees. That will test the resolve of the protesters far more than anything the police can do.

It's one thing if the Feds are declining to enforce the law because they fear another shooting, like at Malheur, Oregon standoff, it's entirely another if administration is refusing to enforce the law because they sympathize with the protesters. I hope the former, but suspect the latter. I'd like to see the emails.