Update: I’ve added a few links and visual evidence in support of the information herein
First what the “bad man” provision is, in the video below. And how Terra Nullius should be seriously bad news for Energy Transfer Partners and the government agencies involved …
… and especially for North Dakota law enforcement and all law enforcement agencies that have participated in the carnage and brutality of the past year.
And if you’re a North Dakota taxpayer, you could be on the hook for hundreds of millions if not billions of dollars because of the “Bad Man” provision. There’s been a lawsuit filed by the National Lawyers Guild in federal court (complaint here). For those in North Dakota that cheered on the brutality, and I know there were many, these are called ‘consequences’ for your actions
By the way, DAPL / Energy Transfer Partners, get ready for lawsuits
On to the second half of this post
According to my non-lawyer understanding, the 1868 Treaty abrogated the 1851 Treaty (which is illegal if you click the link below) by reducing the boundary from below the Heart River to Standing Rock’s current borders, which is where Terra Nulllius (legal defintion) should prevail, because the land was NEVER ceded legally to the US Gov