Senator Cramer’s Special Edition Update february 19

My Op-Ed: Team Obama on Trial for Appeasing Climate Extremists

The biggest trial you likely have never heard of finally started on Thursday. I penned an op-ed in Fox News as North Dakota faces the federal government at trial for a lawsuit seeking reimbursement for more than $38 million in damages and policing costs incurred from Dakota Access Pipeline protests in 2016 and 2017.

For 233 days, protestors illegally occupied U.S. Army Corps of Engineers lands, but the government abdicated its duty and abandoned the state while it was forced to expend taxpayer resources to police the area. The lawsuit’s bench trial will be overseen by U.S. District Judge Daniel M. Traynor at the William L. Guy Federal Building and U.S. Courthouse in Bismarck.

By statute, there will be no jury and all decisions of fact and law will be determined by Judge Traynor. If North Dakota prevails, it will be the first state to succeed in court against the federal government under the Federal Tort Claims Act.

Much has been said, written and litigated about the pipeline itself, but this case is not a debate over whether the pipeline should continue operating. This is a story of the federal government’s appeasement of extremists and enablement of lawlessness.

More information and provocative details will likely emerge during the trial, proving the government knew it was doing the wrong thing, but did it anyway.

Week One Wrap Up of Historic DAPL Civil Trial

Rather than just accept federal wrongs as so many states have, North Dakota is exercising its Constitutional muscle. Our Attorneys General Wayne Stenehjem and Drew Wrigley have wisely spent the seven years since the protests preparing for this case. The state’s lawsuit against the government will be illuminating – finally telling the full story of what really happened.

I can hardly wait to watch more as Team Obama hides behind their obviously conflicting narrative of the actions they took outside the bounds of regulation and statute. Other states and the public should closely follow this historic fight.

On Thursday, the trial began with opening statements from attorneys for North Dakota and the United States, meant to provide Judge Traynor a preview of the case and the evidence which will be presented. Building off of Judge Traynor’s pretrial determination that the United States violated its non-discretionary duty by failing to follow its own special use permitting process, North Dakota informed the Court of what it intends to prove.

The Court first heard testimony from Cody Schulz, who at the time of the protests served both as a member of the North Dakota Department of Emergency Services and as a Morton County Commissioner. He was followed by Chief Pilot Dennis Gallagher of the North Dakota Highway Patrol.

Friday’s trial resumed with Gallagher’s testimony and was followed by testimony from Sean Johnson, former Planning Section Chief of the North Dakota Department of Emergency Services. Johnson testified to U.S. Marshall Paul Ward apologizing at a command center meeting for the lack of federal support provided. Morton County Sheriff Kyle Kirchmeier then testified, detailing how federal actions furthered protest activity. He also testified to the Corps requesting law enforcement at a single location, not including the main protest camp, and later rescinded their request.

As the trial continues, stay tuned for updates from my office on my website, Facebook and Twitter.