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Jennifer K. Falcon, jennifer@ienearth.org
The United States Attorney's office has decided to not charge 33 Indigenous water protectors and their allies who were arrested while peacefully occupying the Bureau of Indian Affairs lobby in the US Department of Affairs building on October 14th, 2021. This was the first time since the 1972's Trail of Broken Treaties that Indigenous leaders occupied the Bureau of Indian Affairs.
The United States Attorney's office has decided to not charge 33 Indigenous water protectors and their allies who were arrested while peacefully occupying the Bureau of Indian Affairs lobby in the US Department of Affairs building on October 14th, 2021. This was the first time since the 1972's Trail of Broken Treaties that Indigenous leaders occupied the Bureau of Indian Affairs. Indigenous leaders were met with extreme violence from the police leaving one Indigenous woman with a broken hand, others were hit with batons, two people were tazed and an Indigenous media reporter was assaulted with an officer kneeling on his neck and had his equipment damaged by the police during the attack on peaceful water protectors.
Water protectors occupied the building demanding the abolition of the Bureau of Indian Affairs, the US government honor the treaties including the restoration of 110 million acres (450,000 km2) of land taken away from Native Nations, Indigenous children buried at residential schools be returned to their tribal nations, no new leases for oil and gas or extractive industry on public lands, the US government establish a policy of Free, Prior, and Informed Consent, restoration of terminated rights.
The occupation followed a week of historic Indigenous resistance in Washington D.C that started on Indigenous Peoples' Day, where "Expect Us" was written on the Andrew Jackson statue outside of the White House ahead of 130 Indigenous leaders and allies being arrested outside of the White House on Indigenous Peoples' Day. Despite a proclamation declaring October 11th Indigenous Peoples' Day, Indigenous leaders were met with police violence and LRAD was used on Indigenous matriarchs and youth being arrested on the White House fence. This was followed by two Water Protectors demanding Biden Stop Line 3 climbing the flagpole outside the Army Corp North Atlantic Division Office, replacing it with a "Free Informed and Prior Consent" flag that read "Consultation is not Consent." The day after the occupation Native youth from various fights were arrested out of the U.S Capital blocking the street. Indigenous water protectors were in town participating in a larger People Vs. Fossil Fuels week of action in which over 600 people were arrested outside of the White House demanding Biden declare a climate emergency.
Under attack from these fossil fuel projects, Indigenous peoples are fighting back: and winning. A recent report by the Indigenous Environmental Network and Oil Change International showed how over the last decade Indigenous resistance has stopped or delayed greenhouse gas pollution equivalent to at least one-quarter of annual U.S. and Canadian emissions. By blocking at least 26 major fossil fuel projects, these Indigenous leaders and water protectors have stopped projects equivalent to 400 new coal-fired power plants, or roughly 345 million new passenger vehicles.
The following is a statement from Indigenous Leaders who occupied the DOI and their allies:
Our fight is far from over, we will continue to rise for our youth, for the land, and for the water. We will not back down until our natural balance is restored and our relationship to the sacred knowledge of Mother Earth and all who depend on her is honored. From the Line 3 pipeline in Minnesota to oil and gas drilling in Alaska, Indigenous peoples and our allies will continue to stand on the frontlines of the fight against fossil fuels. Major pipeline projects and other forms of oil and gas extraction not only threaten the land and water in Native communities, but are often in direct violation of treaty rights or violate laws around Free, Prior and Informed Consent. Fossil fuel construction has also been linked to sex trafficking and an increase in Missing and Murdered Indigenous Women.
Politicians do not take care of us. Presidents will break their promises but Mother Earth has always given us what we need to thrive. Those who ignore climate change and the destruction and loss it creates in our communities, will be held accountable. We protect the sacred. Another world is possible, expect us.
Established in 1990 within the United States, IEN was formed by grassroots Indigenous peoples and individuals to address environmental and economic justice issues (EJ). IEN's activities include building the capacity of Indigenous communities and tribal governments to develop mechanisms to protect our sacred sites, land, water, air, natural resources, health of both our people and all living things, and to build economically sustainable communities.
The report shows how a landmark civil rights law "is being cynically misused to squash political dissent and speech that advocates for the human rights of Palestinians," said one AAUP leader.
Under both the Biden and Trump administrations, pro-Israel and far-right advocacy groups have driven a surge of federal civil rights investigations conflating true antisemitism with university professors and students' criticism of the US-backed Israeli government and its genocidal assault on the Gaza Strip.
That's according to Discriminating Against Dissent: The Weaponization of Civil Rights Law to Repress Campus Speech on Palestine, a report published this week by the American Association of University Professors (AAUP) and the Middle East Studies Association (MESA).
"Our members, because of their expertise on the region, have long borne the brunt of allegations that falsely equate criticism of Israel with antisemitism," MESA president Aslı Bâli said in a statement. "Complaints like these penalize scholars for teaching basic facts about the region."
The report begins: "Over the past two years, the United States government has taken unprecedented steps to suppress campus speech—including scholarship, advocacy, and protest—opposing the state of Israel's genocidal war against the Palestinian people in the Gaza Strip. This crackdown has paved the way for profound transformations in US colleges and universities."
"A long-standing 'Palestine exception' to the First Amendment now threatens to give way to a new reality: Palestine is less an exception to academic freedom than it is a pretext for erasing the norm altogether, as part of an authoritarian assault on the autonomy of higher education and on the very idea of racial and gender equity," the document warns.
The analysis comes as President Donald Trump continues his sweeping attack, aiming to shut down the Department of Education, deport foreign students critical of Israel, and bully campus leaders into signing an "extortion agreement" for federal funding.
"In effect, the Civil Rights Act of 1964 is no longer being used to address racial discrimination in higher education," Bâli told the Guardian, which first reported on the findings. "Instead, Title VI has been repurposed as part of the administration's broader effort to remake higher education in line with its right-wing political and cultural agenda."
AAUP and MESA found that "more investigations were opened in the last two months of 2023 (25) than in all previous years combined (24). Investigations broke record numbers in 2024 (39) and are on track to do so again in 2025 (38, as of September 30)."
"All but one of the 102 antisemitism complaint letters we have analyzed focus on speech critical of Israel; of these, 79% contain allegations of antisemitism that simply describe criticisms of Israel or Zionism with no reference to Jews or Judaism; at least 50% of complaints consist solely of such criticism," the document states.
The report highlights that "the Biden administration opened more antisemitism probes against colleges and universities (65) than for all other types of racial harassment combined (38)," and "the Trump administration appears to have halted racial harassment investigations altogether."
The federal probes "are producing a new system of government surveillance and monitoring of campus speech," the report notes, with over 20 schools agreeing to share internal data on discrimination complaints with the government.
Examining Trump's Task Force to Combat Antisemitism, the researchers found that the Department of Education "has continued to open very high numbers of antisemitism probes even as its staff has been slashed by the Trump administration," and "in its high-profile campaigns against prestigious universities, the task force has systematically ignored the procedural requirements of Title VI, unlawfully cutting off vast sums of funding before any meaningful investigation, let alone findings."
For at least 78% of the complaints examined by AAUP and MESA, pro-Israel and right-wing advocacy organizations—including those without any campus presence—served as complainants or represented them. Such groups have also been involved with private lawsuits intended to redefine antisemitism as including criticism of Israel and restrict such criticism at universities.
"Antisemitism lawsuits surged after October 7, 2023 (two filed before that date, 26 since)," according to the analysis. "No court has yet made a final judgment in favor of plaintiffs. In nine cases, Title VI claims have been dismissed, including on free speech grounds; nine lawsuits have settled, some of which resulted in even more draconian policy changes on campuses than government investigations."
AAUP general counsel Veena Dubal said that "the findings in this report underscore how the Civil Rights Act of 1964—which passed in response to years of nonviolent civil disobedience against racial injustice—is being cynically misused to squash political dissent and speech that advocates for the human rights of Palestinians."
"This is a perverse outcome," Dubal declared, as AAUP prepares for Friday protests pressuring leaders at over 100 institutions to reject the president's "Compact for Academic Excellence in Higher Education" and make schooling more affordable.
As AAUP president Todd Wolfson said in a statement about the day of action earlier this week, "From attacks on academic freedom in the classroom to the defunding of lifesaving scientific research to surveilling and arresting peaceful student protesters, Trump's higher education policies have been catastrophic for our communities and our democracy."
"We're excited to help build a coalition of students and workers united in fighting back for a higher education system that is accessible and affordable for all and serves the common good," he added. Other supporting groups include Campus Climate Network, College Democrats of America, Gen-Z for Change, Indivisible, Jewish Voice for Peace, March for Our Lives, and Sunrise Movement.
"Big Tech is building a mountain of speculative infrastructure," warned one critic. "Now it wants the US government to prop up the bubble before it bursts."
Tech giant OpenAI generated significant backlash this week after one of its top executives floated potential loan guarantees from the US government to help fund its massive infrastructure buildout.
In a Wednesday interview with The Wall Street Journal, OpenAI chief financial officer Sarah Friar suggested that the federal government could get involved in infrastructure development for artificial intelligence by offering a "guarantee," which she said could "drop the cost of the financing" and increase the amount of debt her firm could take on.
When asked if she was specifically talking about a "federal backstop for chip investment," she replied, "Exactly."
Hours after the interview, Friar walked back her remarks and insisted that "OpenAI is not seeking a government backstop for our infrastructure commitments," while adding that she was "making the point that American strength in technology will come from building real industrial capacity, which requires the private sector and government playing their part."
Despite Friar's walk-back, OpenAI CEO Sam Altman said during a podcast interview with economist Tyler Cowen that released on Thursday that he believed the government ultimately could be a backstop to the artificial intelligence industry.
"When something gets sufficiently huge... the federal government is kind of the insurer of last resort, as we've seen in various financial crises," he said. "Given the magnitude of what I expect AI's economic impact to look like, I do think the government ends up as the insurer of last resort."
Friar and Altman's remarks about government backstops for OpenAI loans drew the immediate ire of Robert Weissman, co-president of consumer advocacy organization Public Citizen, who expressed concerns that the tech industry may have already opened up talks about loan guarantees with President Donald Trump's administration.
"Given the Trump regime’s eagerness to shower taxpayer subsidies and benefits on favored corporations, it is entirely possible that OpenAI and the White House are concocting a scheme to siphon taxpayer money into OpenAI’s coffers, perhaps with some tribute paid to Trump and his family." Weissman said. "Perhaps not so coincidentally, OpenAI President Greg Brockman was among the attendees at a dinner for donors to Trump’s White House ballroom, though neither he nor OpenAI have been reported to be actual donors."
JB Branch, Public Citizen’s Big Tech accountability advocate, said even suggesting government backstops for OpenAI showed that the company and its executives were "completely out of touch with reality," and he argued it was no coincidence that Friar floated the possibility of federal loan guarantees at a time when many analysts have been questioning whether the AI industry is an unsustainable financial bubble.
"The truth is simple: the AI bubble is swelling, and OpenAI knows it," he said. "Big Tech is building a mountain of speculative infrastructure without real-world demands or proven productivity-enhancing use cases to justify it. Now it wants the US government to prop up the bubble before it bursts. This is an escape plan for an industry that has overpromised and underdelivered."
An MIT Media Lab report found in September that while AI use has doubled in workplaces since 2023, 95% of organizations that have invested in the technology have seen "no measurable return on their investment."
Concerns about an AI bubble intensified earlier this week when investor Michael Burry, who famously made a fortune by short-selling the US housing market ahead of the 2008 financial crisis, revealed that his firm was making bets against Nvidia and Palantir, two of the biggest players in the AI industry.
This has led to some AI industry players to complain that markets and governments are undervaluing their products.
During her Wednesday WSJ interview, for instance, Friar complained that "I don’t think there’s enough exuberance about AI, when I think about the actual practical implications and what it can do for individual."
Nvidia CEO Jensen Huang, meanwhile, told the Financial Times that China was going to beat the US in the race to develop high-powered artificial intelligence because the Chinese government offers more energy subsidies to AI and doesn't put as much regulation on AI development.
Huang also complained that "we need more optimism" about the AI industry in the US.
Investment researcher Ross Hendricks, however, dismissed Huang's warning about China winning the AI battle, and he accused the Nvidia CEO of seeking special government favors.
"This is nothing more than Jensen Huang foaming the runway for a federal AI bailout in coordination with OpenAI's latest plea in the WSJ," he commented in a post on X. "These grifters simply can't be happy making billions from one of the greatest investment manias of all time. They'll do everything possible to loot taxpayers to prevent it from popping."
"Congress needs to assert its constitutional power to prohibit use of military force," stressed one of the war powers resolution's co-sponsors.
As the Trump administration argues that it can continue its extrajudicial assassination spree of alleged drug runners on the high seas without congressional approval, the US Senate is set to vote Thursday afternoon on a bipartisan war powers resolution that would block military action against Venezuela absent lawmakers' assent—as required by law.
Last month, Sens. Tim Kaine (D-Va.), Rand Paul (R-Ky.), and Adam Schiff (D-Calif.) introduced a resolution to block US military "hostilities within or against Venezuela that have not been authorized by Congress," citing the War Powers Resolution of 1973 and Congress' sole ability to declare war under the Constitution.
Posting on X ahead of Thursday's vote, Schiff said that the measure's co-sponsors "are forcing a bipartisan vote to block the administration from dragging this country into war in South America."
"Congress needs to assert its constitutional power to prohibit use of military force," he added.
Trump has PUBLICLY threatened land strikes in Venezuela—after already killing at least 66 unknown people on boats in the Caribbean—unnecessarily putting the U.S. at risk of war. Here’s what @schiff.senate.gov, Senator Paul, and I are doing about it:youtube.com/shorts/TQKsF...
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— Senator Tim Kaine (@kaine.senate.gov) November 6, 2025 at 8:29 AM
Matt Duss, executive vice president of the Center for International Policy, a Washington, DC-based think tank, said Thursday that President Donald Trump "talks about himself as a historic peacemaker while continuing to order reckless military strikes and threatening to invade countries around the world."
"His actions violate both the Constitution and his own promises to be an anti-war president," he added.
This is the second time Kaine and Schiff have tried to introduce a Venezuela war powers resolution. Last month, Democratic Sen. John Fetterman joined his GOP colleagues in voting down a similar measure. Paul joined Democrats and Independent Sens. Bernie Sanders (Vt.) and Angus King (Maine) in voting for the legislation.
Since September 2, Trump has overseen 16 reported attacks on vessels allegedly transporting drugs in the Caribbean Sea and Pacific Ocean off the coast of South America, killing at least 67 people. Venezuelan and Colombian officials, as well as relatives of some of the slain men, assert that some victims were fishers and condemned the attacks as war crimes.
Trump—who deployed an armada of warships and thousands of troops off the coast of Venezuela—has also approved covert CIA action and, along with senior administration officials, threatened to attack targets on land inside the oil-rich country, which has long been subjected to US meddling, regime change, and deadly sanctions. Late last month, the government of Venezuelan President Nicolás Maduro said that his country’s security forces captured a group of CIA-aligned mercenaries engaged in a "false-flag attack" against the nation.
The War Powers Resolution of 1973—also known as the War Powers Act—was enacted during the Nixon administration at the tail end of the US war on Vietnam, Cambodia, and Laos to empower Congress to check the president’s war-making authority. The law requires the president to report any military action to Congress within 48 hours and mandates that lawmakers must approve troop deployments after 60 days.
That 60-day door closed on Monday. However, according to The Washington Post, Assistant Attorney General for the Office of Legal Counsel T. Elliott Gaiser told lawmakers this week that Trump is not bound by the War Powers Resolution, as the administration does not believe that the boat strikes legally meet the definition of "hostilities" because the victims of the attacks aren't fighting back.
The dubious argument that acts of US military aggression aren't hostilities isn't new—the Obama administration asserted similar immunity from the War Powers Resolution when it decided to attack Libya in 2011, leading to the ouster of longtime leader Muammar Gaddafi and over a decade of enduring conflict and division.
As Brian Finucane, a former State Department legal adviser who is now a senior official at the International Crisis Group, wrote for Just Security this week:
There are many flaws with the Trump administration’s reported interpretation of hostilities. As indicated in the legislative history, Congress understood the term “hostilities” to apply broadly, more broadly than “armed conflict.” The Obama administration’s prior attempt to restrictively interpret the term garnered strong bipartisan congressional opposition...
That the Trump administration would resort to creative lawyering to circumvent the limits of the War Powers Resolution is hardly a surprise... It nonetheless is yet another legal abuse and arrogation of power by the executive. And it is a power grab in the service of killing people outside the law based solely on the president’s own say-so.
"Congress needs to push back against this attempt by the White House to further encroach upon its constitutional prerogatives on the use of military force," Finucane added. "The legislative branch should reject the executive’s strained legal interpretation of the War Powers Resolution, including possibly in legislation. Congress should also continue efforts to halt these killings at sea and block an unlawful attack on Venezuela."