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tv   Democracy Now  PBS  February 8, 2017 12:00pm-1:01pm PST

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02/08/17 02/08/17 [captioning made possible by democracy now!] amy: from pacifica, this is democracy now! >> are you arguing the president's decision is unreviewable? -- yes. amy: the ninth u.s. circuit court of appeals hears arguments in whether to restore president trump's executive order banning people from seven majority muslim nations from entering the united states. while the government has tron's 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
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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 decline amy: we will speak with lee gelernt who helped bring the first case challenging trump's muslim ban. then to standing rock. u.s. army corps of engineers gives the green light to complete the dakota access oil pipeline. indigenous water protectors say the fight is not over. >> there radically, drilling underneath the missouri river .ould start any time this is an emergency situation. amy: we will speak with standing rock sioux activist chase iron eyes, dallas goldtooth of the
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indigenous environmental network. first, chair of the standing rock sioux tribe dave archambault. all of that and more, coming up. welcome to democracy now!,, the war and peace report. i'm 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 protectors and allies to call for a last stand against the $3.8 billion project. in a letter to congress, acting army secretary robert speer said the corps will cancel an environmental impact study of the dakota access pipeline and will grant an easement today, allowing energy transfer partners to drill under the missouri river. the corps also says it will suspend a customary 14 day waiting period following its order, meaning the company could immediately begin boring a
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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 -- "as 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 bank's backing of the dakota access pipeline.
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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 confirmed billionaire betsy devos for education secretary, after a historic tiebreaking vote from vice president mike pence. devos' nomination 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 religious schools. she considers education an industry. she has called the public school system a dead end. devos' confirmation comes after
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senate democrats launched a 24-hour 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,
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as it chooses senator elizabeth warren was silenced during the senate debate tuesday over the confirmation of alabama senator jeff sessions for attorney 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 steve 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 don't take i
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quite understand. i am reading a letter from corona scott king to the judiciary committee from 1986 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 husband's dream." those the words of coretta scott king to the senate in 1986. after reading the letter, senator warren continued speaking, but she was again interrupted. this time by senate majority leader mitch mcconnell. >> mr. president -- . >> majority leader. >> senators impugn the motives
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and conduct of our collie from alabama as warned by the chair. senator warren said "senator sessions has used the awesome power of his office to chill free exercise of the vote by black citizens. i called the senator order under the provisions of rule 19 for to. >> mr. president? >> senator from massachusetts. >> i'm surprised the words of corona scott king are not suitable for 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 other senators. this is california senator kamala harris. >> the suggestion of reciting the words of the great front of
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scott king would for senator warren to sit down and be silent is outrageous. i move the senator from massachusetts be permitted to proceed in order. >amy: she's the only african-american 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 didn't have u.s. work documents. he also says they provided her help in obtaining u.s. documentation. puzder is the second of trump's 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 clinton's nominees for attorney general in 1993. meanwhile, the "washington post" reports puzder's chain restaurants carl's jr. and hardee's have been the subject of multiple labor department
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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 ex-wife, who even went on "oprah" in disguise to speak about domestic violence. puzder's ex-wife, 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 trump's cabinet nominees, oklahoma attorney general scott pruitt, is facing criticism and a lawsuit by the aclu of oklahoma, which accuses pruitt of violating the state's open records act by refusing to turn over documents related to his
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office's 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 it's 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 trump's 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. we'll have more on the hearing and the legal battle over
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trump's 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 it's 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 wasn't 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 repeatedly lied about the murder rate during the 2016 campaign trail. during that same meeting, president trump also threatened to destroy the career of a texas state senator after sheriff harold eavenson complained about the senator's proposed legislation. >> introducing legislation to
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require conviction before we could receive the forfeiture money and i told him that the cartel would build a monument to 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 cash-for-freedom 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 for the u.s. to carry out special operations ground missions in yemen, amid outrage over the navy seal team 6 raid on a yemeni village that killed several civilians, including the 8-year-old daughter of anwar
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al-awlaki, a radical cleric and u.s. citizen who was killed in yemen by a u.s. drone strike in 2011. the girl's grandfather, nasser al-awlaki, 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 say the radiation levels and a damaged reactor at the fukushima nuclear power plant are at the highest point since the nuclear plants meltdown six years ago. massive11, 2011, a earthquake and tsunami hit the northeast coast of japan telling 20,000 people, another 160,000 people then fled the radiation of fukushima. it was the world's worst nuclear disaster since chernobyl. experts are calling the radiation levels now detected at the plant unimaginable. and those are some of the headlines.
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this is democracy now!,, the war and peace report. i'm amy goodman. the u.s. circuit court of ninth appeals heard arguments tuesday on whether to restore president donald trump's 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 friedland, -- michelle friedland and one by a , republican, richard clifton. justice department lawyer august flentje argued trump's executive order was constitutional. >> congress has expressed the authorized by the president when
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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 error and we encourage the court tuesday. amy: during his argument justice , department lawyer august flentje questioned the role of the court in reviewing the president's actions. >> the reason we sought isediate relief and a stay because the district court's 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
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acceptable. as soon as we're 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 court's role to serve as a check on the executive branch. >> 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 judicial
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review and author of this country back into chaos. throw this country back into chaos. lee we are joined by gelernt, an aclu attorney who presented the first challenge to trump's 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, we're in a dangerous situation. so i think they properly pressed u.s. government, what is our
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role, and are you really saying there is no role? amy: what do you mean by role? >> they can review with the president did. there's no question the president and congress are allowed some deference in this area. but the u.s. government is coming dangerously close to saying if the president says it is ok, then it is ok. i think what you're 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
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heartening about this last 10 days. amy: let's go back to the hearing. canby, a carter appointee, and judge richard clifton, a george w. bush appointee, questioned justice department attorney august flentje on what oversight presidential orders can be subject to. this first is judge can be. >> could the president simply say in the order, we're 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.
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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
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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 comment. >> i will tell you the whole history. when he first announced it, he said muslim ban. he said, put a commission together, show me the right way 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 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, not a religious basis. perfectly legal. perfectly sensible. that is what the ban is based on. it is not based on religion. it is based on places where there are substantial evidence that people are sending
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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 court's ruling. let's go to another clip from the hearing. judge clifton asking department of justice lawyer august flentje about anti-muslim statements attributed to trump and his advisors during his campaign. we hear first from flentje. >> it is extraordinary for a
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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, second-guessing of the national security decision made by the president. and the notion that we're 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 wasn't 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
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be looking at newspaper articles , we're all on the fast track your. both sides have told us it is moving too fast. either those kind of statements were made 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, don't look at the campaign or what people said. >> that is wrong. the supreme court has said over
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and over, you can look beyond the four corners of the document if there's evidence of disciplinary intent. we're not talking about newspaper article or then candidate trump's on statement. not just one statement, there was one offhand statement, that 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 government 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.
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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 don't know -- i don't 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
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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 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 the brooklyn court. you are representing two men. classthbehalf of the nationwide. the government is putting out this narrative we don't 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 doesn't 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
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trump empire. his first reaction was to lash out at the judge, call him a so-called 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 don't allow people who have never been in the united states to cut into the united states if you're going to make a partial decision. what about this? >> a fallback argument. i don't think it is possible to
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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 don't 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
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what they're supposed to do and looking at the constitution. they are doing their best. they are a co-equal 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.
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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, especially 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
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particular case. that is what we are moving forward with all of the cases. 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 the courts. the other thing in our case, we're 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 coerced into waiving their rights. we know of people are ready who were sent back against their will without a list 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?
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>> you know, we're in a dramatic moment here. hopefully, those people will get back their visas. it is troubling because those people were extensively vetted. this narrative about we don't 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 obama's list of seven countries. this is not our list, president trump said. >> but obama did not put a band. he said, we're 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]
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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!,, the war and peace report. i'm amy goodman. the u.s. army corps of engineers said tuesday it will green-light the final phase of construction for the dakota access pipeline, prompting indigenous-led 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 corps will cancel an environmental impact study of the dakota access pipeline and will grant an easement today
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allowing energy transfer partners to drill under lake oahe on the missouri river. the army corps also said it was suspend a customary 14-day waiting period following its order, meaning the company could immediately begin boring a tunnel for the final one-and-a-half 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.
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meanwhile, activists are planning solidarity actions in cities across north america and beyond. to begin, we're 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
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william kirkland. as soon as i landed, i got notice. it was disheartening. i canceled my meeting with the white house because, obviously, they're not willing to listen. they don't 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 don't have the easement yet, amy. if they're 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
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people take it as definite. we always stop and take a look. we're going to start working with congress and say, don't 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. are being this is complete disregard for the environment, for what it's people say. it is unfortunate. we need to be heard by decision-makers. 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
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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, let's pump on the brakes and do an environmental impact statement and see what the study
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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, we're going to do this and then come back and say, we're 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
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here. and we have seen it in the first two weeks. it started. i don't think any leader of a nation should make decisions without hearing all perspectives host of if you are not doing base the're going to decision off who is telling you what to do. amy: you have not spoken with the trump administration? >> no, i haven't. 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.
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-- they canceled amy: last her, energy transfer partner predicted that have i would go forward under a trump administration. this is kelcy warren speaking november on cbs news. >> once it takes over january 20, one of the prospects? >> 100% that the easement gets granted in the pipeline gets built. >> have you spoken to donald trump about the pipeline? >> i've never met the man. >> but he is invested in you and your invested in him. >> i wish him well. >> it doesn't help the people downstream 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 you're done? >> absolutely. >> they're determined to stop your project. >> that is naive. you're not stopping our project. amy: that is kelcy warren, the ceo of energy transfer partners,
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which owns the dakota access pipeline. chairman dave archambault, you write in your letter response, -- he says you won't 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 we're going -- with the obama administration,
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we're going to do whatever we can, and we're 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. we're going to keep fighting this thing. it is not over until it is over. amy: a native nations march, the tribe put out in a statement, your statement, dashed on "march on washington 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
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rights, not just this one pipeline is going to be the issue. we're 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. we're 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
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this president is not good for 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 don't think violence is necessary. i did get arrested. from that time i said that arrest, one arrest is enough. . don't 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
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have to take the lessons that were given to us at that time when it was healthy. so we're going to continue to thank our 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
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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]
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amy: this is democracy now!,, the war and peace report. i'm 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
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police raided a new resistance camp set up on historic sioux treaty land. among those arrested was award-winning public journalist in a monday who was on assignment for indian country media today. for more, we're joined 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
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drinking water resource for the stating rock resource in the telly people who live south of the proposed pipeline. .rilling can begin any minute we're 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 just the standing rock nation, but the entire members of the great sioux nation. other tribal governments are
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weighing in and supporting a fight on the ground as they have a right to do. there are 400 to 500 people north of the cannibal river in a contested zone, and the treaty zone in a place where according to the united states army corps of engineers, we are not supposed to be. and they're going to stand their ground. there are already people on route to join this peaceful, prayerful, nonviolent exercise of our human treaty, constitutional, and civil rights , which are at stake, which are constantly being encroached upon by what seems to be trump tyranny. we talk about the arrest. the arrest are above 700 in number will stop this includes journalists, including herself, amy, it includes the brutalization's of the young
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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 lives. morecludes the lying, the and county law-enforcement agencies, lying about the criminal conduct. so there is a light happening. there is a lot they need to be held accountable for. not only are people north of the 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
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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 states government 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 indigenous environmental network. dallas, can you talk about the protests happening, the seattle council singh they would divest from wells fargo, and other actions that are taking place now? your plans? quick thank you for 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. literally 20out as
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to 30 people in the middle of the prairie and the grassroots fight against this corporation has culminated into what happened the other day in seattle with the city made the announcement that they're 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 mobilization and shows the power 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 action across the planet and specifically on turtle island known as so-called north america for people to take to the streets of the rise up and rise 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.
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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 is -- the point of all of this, we're fighting against a system. we need to do this together. after rise up together. amy: we will continue to follow this. dallas, you're flying to washington, d.c., for that action today. dallas goldtooth with indigenous environmental network. chase iron eyes with lakota people's 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.
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