Thursday, June 8th, 2023

Contact: Ox Sam Camp
Email: oxsamcamp@proton.me
OxSam.org

THACKER PASS, NV — On Wednesday morning, the Humboldt County Sheriff’s department on behalf of Lithium Nevada Corporation, raided the Ox Sam Newe Momokonee Nokutun (Ox Sam Indigenous Women’s Camp), destroying the two ceremonial tipi lodges, mishandling and confiscating ceremonial instruments and objects, and extinguishing the sacred fire that has been lit since May 11th when the Paiute/Shoshone Grandma-led prayer action began.

One arrest took place on Wednesday at the direction of Lithium Nevada security. A young Diné female water protector was handcuffed with no warning and loaded into a windowless, pitch-black box in the back of a pickup truck. “I was really scared for my life,” the woman said. “I didn’t know where I was or where I was going, and I know that MMIW is a real thing and I didn’t want to be the next one.” She was transported to Humboldt County Jail, where she was charged with criminal trespass and resisting arrest, then released on bail.

Just hours before the raid, Ox Sam water protectors could be seen for the second time this week bravely standing in the way of large excavation equipment and shutting down construction at the base of Sentinel Rock.

To many Paiute and Shoshone, Sentinel Rock is a “center of the universe,” integral to many Nevada Tribes’ way of life and ceremony, as well as a site for traditional medicines, tools, and food supply for thousands of years. Thacker Pass is also the site of two massacres of Paiute and Shoshone people­. The remains of the massacred ancestors have remained unidentified and unburied since 1865, and are now being bulldozed and crushed by Lithium Nevada for a mineral known as “the new white gold.”

Since May 11th, despite numerous requests by Lithium Nevada workers, the Humboldt County Sheriff Department has been reticent and even unwilling to arrest members of the prayer camp, even after issuing three warnings for blocking Pole Creek Road access to Lithium Nevada workers and sub-contractors, while allowing the public to pass through.

“We absolutely respect your guys’ right to peacefully protest,” explained Humboldt County Sheriff Sean Wilkin on May 12th. “We have zero issues with [the tipi] whatsoever… We respect your right to be out here.”

On March 19th the Sheriff arrived again, serving individual fourteen-day Temporary Protection Orders against several individuals at camp. The protection orders were granted by the Humboldt County Court on behalf of Lithium Nevada based on sworn statements loaded with misrepresentations, false claims, and, according to those targeted, outright false accusations by their employees. Still, Ox Sam Camp continued for another week. The tipis, the sacred fire, and the prayers occurred for a total of twenty-seven days of ceremony and resistance.

The scene at Thacker Pass this week looked like Standing Rock, Line 3, or Oak Flat, as Lithium Nevada’s workers and heavy equipment tried to bulldoze and trench their way through the ceremonial grounds surrounding the tipi at Sentinel Rock, and water protectors put their bodies in the way of the destruction, forcing work stoppage on two occasions.

Observers stated that Lithium Nevada’s head of security was directing the Sheriff’s deputies where to go and what to do during the raid.

Lithium Nevada’s ownership and control of Thacker Pass only exists because of the flawed permitting and questionable administrative approvals issued by the Bureau of Land Management (BLM). BLM officials have refused to acknowledge that Peehee Mu’huh is a sacred site to regional Tribal Nations, and have continued to downplay and question the significance of the double massacre through two years of court battles.

Three tribes — the Reno-Sparks Indian Colony, Summit Lake Paiute Tribe, and Burns Paiute Tribe — remain locked in litigation with the Federal Government for permitting the mine. The tribes filed their latest response to the BLM’s Motion to Dismiss on Monday. BLM is part of the Department of the Interior which is led by Deb Haaland (Laguna Pueblo).

On Wednesday, at least five Sheriff’s vehicles, several Lithium Nevada worker vehicles, and two security trucks arrived at the original tipi site that contained the ceremonial fire, immediately adjacent to Pole Creek Road. One camper was arrested without warning, and others were issued with trespass warnings and allowed to leave the area. Once the main camp was secured, law enforcement then moved up to the tipi site at Sentinel Rock, a mile away.

There is a proper way to take down a tipi and ceremonial camp, and then there is the way Humboldt County Sheriffs proceeded on behalf of Lithium Nevada Corporation. Tipis were knocked down, tipi poles were snapped, and ceremonial objects and instruments were rummaged through, mishandled, and impounded. Empty tents were approached and secured in classic SWAT-raid fashion. One car was towed.

As is often the case when lost profits lead to government assaults on peaceful water protectors, Lithium Nevada Corporation and the Humboldt County Sheriffs have begun to claim that the raid was done for the safety of the camp members and for public health.

Josephine Dick (Fort McDermitt Paiute-Shoshone), who is a descendent of Ox Sam and one of the matriarchs of Ox Sam Newe Momokonee Nokutun, made the following statement in response to the raid:

“As Vice Chair of the Native American Indian Church of the State of Nevada, and as a Paiute-Shoshone Tribal Nation elder and member, I am requesting the immediate access to and release of my ceremonial instruments and objects, including my Eagle Feathers and staff which have held the prayers of my ancestors and the Ox Sam camp since the beginning. There was also a ceremonial hand drum and medicines such as cedar and tobacco, which are protected by the American Indian Religious Freedom Act.
In addition, my understanding is that Humboldt County Sherriffs along with Lithium Nevada security desecrated two ceremonial tipi lodges, which include canvasses, poles, and ropes. The Ox Sam Newe Momokonee Nokutun has been conducting prayers and ceremony in these tipis which are also protected by the American Indian Religious Freedom Act. When our ceremonial belongings are brought together around the sacred fire, this is our church. Our Native American church is a sacred ceremony. I am demanding the immediate access to our prayer site at Peehee Mu’huh and the return of our confiscated ceremonial objects.

The desecration that Humboldt County Sherriffs and Lithium Nevada conducted by knocking the tipis down and rummaging through sacred objects is equivalent to taking a bible, breaking The Cross, knocking down a cathedral, disrespecting the sacrament, and denying deacons and pastors access to their places of worship, in direct violation of my American Indian Religious Freedom rights. This violation of access to our ceremonial church and the ground on which it sits is a violation of Executive Order 13007.

The location of the tipi lodge that was pushed over and destroyed is at the base of Sentinel Rock, a place our Paiute-Shoshone have been praying since time immemorial. After two years of our people explaining that Peehee Mu’huh is sacred, BLM Winnemucca finally acknowledged that Thacker Pass is a Traditional Cultural District, but they are still allowing it to be destroyed.”

Josephine and others plan to make a statement on live stream outside the Humboldt County Sheriff’s Office in Winnemucca on the afternoon of Friday, June 9th around 1pm.

Another spiritual leader on the front lines has been Dean Barlese from the Pyramid Lake Paiute Tribe. Despite being confined to a wheelchair, Barlese led prayers at the site on April 25th which led to Lithium Nevada shutting down construction for a day, and returned on May 11th to pray over the new sacred fire as Ox Sam camp was established.

“This is not a protest, it’s a prayer,” said Barlese. “But they’re still scared of me. They’re scared of all of us elders, because they know we’re right and they’re wrong.”

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Background

Thacker Pass is located in northern Nevada near the Oregon border, where Lithium Nevada Corporation is in the first phase of building a $2 billion open-pit lithium mine which would be the largest of its kind in North America. The lithium is mainly destined for General Motors Corporation’s electric car batteries, which the corporation laughably claims is “green.” Mine opponents call this greenwashing and have stated that “it’s not green to blow up a mountain.”

The U.S. Supreme Court has granted Lithium Nevada corporation and all other business corporations a whole variety of constitutional “rights” that were never meant for business entities. Without these special so-called corporate “rights,” the mine owners would never have been allowed to construct this mine.

Three Native American tribes filed a new lawsuit against the Federal Government over Lithium Nevada Corporation’s planned Thacker Pass lithium mine on February 16, 2023, the latest legal move in the two-and-a-half-year struggle over mining, greenwashing, and sacred land in northern Nevada.

The Tribes notified the 9th Circuit Court of Appeals on May 19th that they mean to appeal their Motion seeking a Preliminary Injunction which was rejected by a lower court in early March. Four environmental groups which lost their case in January have also appealed to the 9th Circuit Court of Appeals, and are expected to be heard in June.

From www.oxsam.org (follow for more updates).

Read the new press release from 6/8/23 here: https://www.indigenousaction.org/ox-sam-camp-raid-update-one-arrested-as-prayer-tipis-are-bulldozed-and-ceremonial-items-confiscated/

6/7/23
First arrests are underway and camp is being raided after land defenders halted an excavator this morning at Thacker Pass.

OROVADA, NV — This morning, a group of Native American water protectors and allies used their bodies to non-violently block construction of the controversial Thacker Pass lithium mine in Nevada, turning back bulldozers and heavy equipment.

The dramatic scene unfolded this morning as workers attempting to dig trenches near Sentinel Rock were turned back by land defenders who ran and put their bodies between heavy equipment and the land.

Now they are being arrested and camp is being raided.

Northern Paiute and Western Shoshone people consider Thacker Pass to be sacred. So when they learned that the area was slated to become the biggest open-pit lithium mine in North America, they filed lawsuits, organized rallies, spoke at regulatory hearings, and organized in the community. But despite all efforts over the last three years, construction of the mine began in March.

That’s what led Native American elders, friends and family, water protectors, and their allies to establish what they call a “prayer camp and ceremonial fire” at Thacker Pass on May 11th, when they setup a tipi at dawn blocking construction of a water pipeline for the mine. A second tipi was erected several days later two miles east, where Lithium Nevada’s construction is defacing Sentinel Rock, one of their most important sacred sites.

Sentinel Rock is integral to many Nevada Tribes’ worldview and ceremony. The area was the site of two massacres of Paiute and Shoshone people. The first was an inter-tribal conflict that gave the area it’s Paiute name: Peehee Mu’huh, or rotten moon. The second was a surprise attack by the US Cavalry on September 12th, 1865, during which the US Army slaughtered dozens. One of the only survivors of the attack was a man named Ox Sam. It is some of Ox Sam’s descendants, the Grandmas, that formed Ox Sam Newe Momokonee Nokotun (Indigenous Women’s Camp) to protect this sacred land for the unborn, to honor and protect the remains of their ancestors, and to conduct ceremonies. Water protectors have been on-site in prayer for nearly a month.

On Monday, Lithium Nevada Corporation also attempted to breach the space occupied by the water protectors. As workers maneuvered trenching equipment into a valley between the two tipis, water protectors approached the attempted work site and peacefully forced workers and their excavator to back up and leave the area. According to one anonymous land defender, Lithium Nevada’s action was “an attempted show of force to fully do away with our tipi and prayer camp around Sentinel Rock.”

Ranchers, recreationists, and members of the public have been allowed to pass without incident and water protectors maintain friendly relationships with locals. Opposition to the mine is widespread in the area, and despite repeated warnings from the local Sheriff, there have been no arrests. Four people, including Dorece Sam Antonio of the Fort McDermitt Paiute-Shoshone Tribe (an Ox sam descendant) and Max Wilbert of Protect Thacker Pass, have been targeted by court orders barring them from the area. They await a court hearing in Humboldt County Justice Court.

“Lithium Nevada is fencing around the sacred site Sentinel Rock to disrupt our access and yesterday was an escalation to justify removal of our peaceful prayer camps,” said one anonymous water protector at Ox Sam Camp. “Lithium Nevada intends to desecrate and bulldoze the remains of the ancestors here. We are calling out to all water protectors, land defenders, attorneys, human rights experts, and representatives of Tribal Nations to come and stand with us.”

“I’m being threatened with arrest for protecting the graves of my ancestors,” says Dorece Sam Antonio. “My great-great Grandfather Ox Sam was one of the survivors of the 1865 Thacker Pass massacre that took place here. His family was killed right here as they ran away from the U.S. Army. They were never buried. They’re still here. And now these bulldozers are tearing up this place.”

Another spiritual leader on the front lines has been Dean Barlese, a spiritual leader from the Pyramid Lake Paiute Tribe. Despite being confined to a wheelchair, Barlese led prayers at the site on April 25th (shutting down construction for a day) and returned on May 11th.

“I’m asking people to come to Peehee Mu’huh,” Barlese said. “We need more prayerful people. I’m here because I have connections to these places. My great-great-great grandfathers fought and shed blood in these lands. We’re defending the sacred. Water is sacred. Without water, there is no life. And one day, you’ll find out you can’t eat money.”

The 1865 Thacker Pass massacre is well documented in historical sources, books, newspapers, and oral histories. Despite the evidence but unsurprisingly, the Federal Government has not protected Thacker Pass or even slowed construction of the mine to allow for consultation to take place with Tribes. In late February, the Federal Government recognized tribal arguments that Thacker Pass is a “Traditional Cultural District” eligible for the National Register of Historic Places. But that didn’t stop construction from commencing.

“This is not a protest, it’s a prayer,” said Barlese. “But they’re still scared of me. They’re scared of all of us elders, because they know we’re right and they’re wrong.”

Vermont National Lawyers Guild, Press Release – December 31, 2022

Paiute and Shoshone lands, Winnemucca, Nevada, U.S.A — On December 27, 2022, the Humboldt County District Attorney asked the Justice Court of Union Township to dismiss without prejudice all criminal charges against two settler-descendant land defenders who were targeted, profiled, arrested and prosecuted for their support of the Native Elders facing ongoing colonization in the form of eviction from their homes on the Winnemucca Indian Colony.

Defenders of Winnemucca Elders faced increasing repression and surveillance in the late months of 2021 and early months of 2022, amidst ongoing escalation from the Winnemucca Tribal Council seeking to evict Paiute and Shoshone Elders from their homes. Land defenders Honey and Epona had been monitored by law enforcement for months; they were known supporters of Elders on the Colony in their fight against eviction and displacement. In February of 2022, BIA officers followed, detained, and arrested Honey and Epona when the two were driving down a public roadway in the Colony. Since then, the State of Nevada has pursued baseless criminal trespass, evading arrest, and “license plate display” charges against them. The prosecution attempted to rush the cases forward without Honey and Epona having access to discovery, an attorney, or any meaningful way of obtaining a fair trial before being convicted of multiple fabricated offenses. But Honey and Epona pushed back against the repression and advocated for themselves until they found a pro bono attorney who slowed the process and fought for access to information regarding their detention and arrest. On December 27, 2022, the prosecution moved to dismiss the charges–just hours before a status conference where the defense planned to highlight the
prosecution’s failure to fulfill its Constitutional discovery obligations to the Defendants. The prosecution abruptly ended the case before this information could be exposed and before further attention could be drawn to the impropriety of these arrests.

“Newe Elders were being violently removed from intergenerational homes,” Says Land Defender Epona about the context of her arrest. “My interest in fighting this case was not about the false charges. It’s about reparations and keeping corrupt politics off sovereign land.”
Criminal prosecutions against Indigenous Elders and other Residents and Defenders are ongoing in the Winnemucca Indian Colony Tribal Court. The Winnemucca Elders’ eviction cases are also ongoing, with the motion for an emergency stay being denied on December 28th but the substantive appeal still pending at the Inter Tribal Court of Appeals of Nevada.

Honey shares these parting thoughts after the dismissal of their charges: “Union Justice Court Judge Jim Loveless tried to ram our trial through at our very first court appearance. We had not had the opportunity to find a lawyer or even to view the evidence against us. This type of corruption, unfortunately enough, however, has been a hallmark of the struggle for Paiute-Shoshone sovereignty in Winnemucca. Several of our comrades are still facing charges in tribal court, and the elders and residents are still embattled by impending eviction and home demolitions. As this frontline struggle continues to unfold, all I can say is –

Respect the Elders! Land Back! ALL EYES ON WINNEMUCCA!”
For past legal updates on the situation at Winnemucca please visit:
●December 7, 2022, Indigenous Elders Evicted and Banished from Winnemucca Indian Colony
Without Trial
●December 12, 2022, Winnemucca Indian Colony Update: Inter-Tribal Court of Appeals of
Nevada (ITCAN) Hearing Will Be Held Regarding Stay of Eviction Order on Thursday,
December 15, 2022
●December 16, 2022, Winnemucca Indian Colony Update: Oral Arguments Heard in Inter-Tribal
Court of Appeals of Nevada (ITCAN)
●December 29, 2022, Inter-tribal Court of Appeals of Nevada Denies Request for Stay

Requests for Assistance:
Donations to support Elders and Residents can be made to $defendWIC on Cashapp
Donations to support the ongoing Legal Observer presence at the Colony can be sent to VT NLG’s paypal
@vermontnlg
Attorneys interested in providing pro-bono representation for unrepresented residents impacted by Tribal
Court order pending appeal in ITCAN please contact: communications@waterprotectorlegal.org
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About Vermont NLG:
The Vermont Chapter of the National Lawyers Guild is a collective of lawyers and legal workers
supporting movements for collective liberation in navigating the legal system.