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Judge denies Greenpeace request to investigate mailer critical of DAPL protests • North Dakota Monitor

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Judge denies Greenpeace request to investigate mailer critical of DAPL protests • North Dakota Monitor


A judge has denied a request by environmental group Greenpeace to gather evidence on a right-wing, pro-fossil fuel mailer that may have targeted potential jurors in its legal battle with Energy Transfer, the developer of the Dakota Access Pipeline.

Some Morton County residents in October reported receiving a 12-page direct mailer called “Central ND News” containing material complimentary of Energy Transfer as well as stories that highlighted criminal activity by anti-Dakota Access Pipeline protesters. 

Greenpeace is one of many activist groups that backed the demonstrations in 2016 and 2017. Protesters camped in rural south-central North Dakota for months in solidarity with the Standing Rock Sioux Tribe, which says the pipeline is a tribal sovereignty and environmental threat.

Energy Transfer filed suit against Greenpeace in Morton County District Court in 2019, accusing the group of coordinating a misinformation campaign against the company and of engaging in criminal acts during the demonstrations.

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Greenpeace seeks court permission to research mailer critical of DAPL protests

The pipeline developer seeks tens of millions of dollars in damages from Greenpeace.

Greenpeace says its role in the protests was limited, that it did not spread misinformation about Energy Transfer and that it never participated in or endorsed criminal activity. The case is scheduled for trial before a nine-person jury beginning in February.

In court documents, Greenpeace expressed concerns that the direct mailer was written specifically to give Energy Transfer the upper hand when the suit goes to trial. It requested permission from Southwest Judicial District Court Judge James Gion to conduct discovery into a Texas company that printed and distributed the Central ND News.

“We should have the right to figure out who sent it, when they did and why,” Everett Jack, an attorney representing Greenpeace, said in a hearing in December.

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Energy Transfer has disputed this claim, arguing there’s no meaningful evidence the mailer was intended to prejudice the jury. Trey Cox, representing the pipeline developer, last month called Greenpeace’s motion a “thinly veiled attempt” to delay the trial and move the case to a different court.

In a Dec. 17 order, Gion seemed to agree with Greenpeace that the mailer may have been an effort to sway jurors.

“The Court takes an extremely dim view of attempts to influence a jury panel before the trial,” he wrote.

Still, the judge found it would not be appropriate to approve the discovery request without further evidence the mailer has had a measurable impact on the jury pool.

“There is only one way to determine if such an attempt is successful, and unfortunately the Court agrees with Energy Transfer that way is through the jury questionnaires and jury selection,” he wrote in the order. “If the Court cannot empanel a jury in Morton County, there will obviously be a delay in the trial and the Court can revisit this issue at that time.”

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The direct mailer resembles a print newspaper. Its distribution in Morton County residents was first reported in a joint article by the North Dakota News Cooperative and climate news publication Floodlight. The article identifies the owner of the publication as Metric Media, which has launched hundreds of conservative-leaning local news outlets that rely heavily on algorithmically generated content.

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North Dakota officials celebrate being among big winners in federal rural health funding

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North Dakota officials celebrate being among big winners in federal rural health funding


North Dakota U.S. Sen. John Hoeven and Gov. Kelly Armstrong on Friday touted the success of the state’s application for federal Rural Health Transformation Program funding, which landed one of the largest per-capita awards in the nation.



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Tony Osburn’s 27 helps Omaha knock off North Dakota 90-79

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Tony Osburn’s 27 helps Omaha knock off North Dakota 90-79


OMAHA, Neb. (AP) — Tony Osburn scored 27 points as Omaha beat North Dakota 90-79 on Thursday.

Osburn shot 8 of 12 from the field, including 5 for 8 from 3-point range, and went 6 for 9 from the line for the Mavericks (8-10, 1-2 Summit League). Paul Djobet scored 18 points and added 12 rebounds. Ja’Sean Glover finished with 10 points.

The Fightin’ Hawks (8-11, 2-1) were led by Eli King, who posted 21 points and two steals. Greyson Uelmen added 19 points for North Dakota. Garrett Anderson had 15 points and two steals.

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The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.



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Port: 2 of North Dakota’s most notorious MAGA lawmakers draw primary challengers

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Port: 2 of North Dakota’s most notorious MAGA lawmakers draw primary challengers


MINOT — Minot’s District 3 is home to Reps. Jeff Hoverson and Lori VanWinkle, two of the most controversial members of the Legislature, but maybe not for much longer.

District 3, like all odd-numbered districts in our state, is on the ballot this election cycle, and the House incumbents there

have just drawn two serious challengers.

Tim Mihalick and Blaine DesLauriers, each with a background in banking, have announced campaigns for those House seats. Mihalick is a senior vice president at First Western Bank & Trust and serves on the State Board of Higher Education. DesLauriers is vice chair of the board and senior executive vice president at First International Bank & Trust.

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The entry into this race has delighted a lot of traditionally conservative Republicans in North Dakota

Hoverson, who has worked as a Lutheran pastor, has frequently made headlines with his bizarre antics. He was

banned from the Minot International Airport

after he accused a security agent of trying to touch his genitals. He also

objected

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to a Hindu religious leader participating in the Legislature’s schedule of multi-denominational invocation leaders and, on his local radio show, seemed to suggest that Muslim cultures that force women to wear burkas

have it right.

Hoeverson has also backed legislation to mandate prayer and the display of the Ten Commandments in schools, and to encourage the end of Supreme Court precedent prohibiting bans on same sex marriage.

Rep. Jeff Hoverson, R-Minot, speaks on a bill Friday, Jan. 10, 2025, at the North Dakota Capitol.

Tom Stromme / The Bismarck Tribune

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VanWinkle, for her part, went on a rant last year in which she suggested that women struggling with infertility have been cursed by God

(she later claimed her comments, which were documented in a floor speech, were taken out of context)

before taking

a weeklong ski vacation

during the busiest portion of the legislative session (she continued to collect her daily legislative pay while absent). When asked by a constituent why she doesn’t attend regular public forums in Minot during the legislative session,

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she said she wasn’t willing to “sacrifice” any more of her personal time.

The incumbents haven’t officially announced their reelection bids, but it’s my practice to treat all incumbents as though they’re running again until we learn otherwise.

In many ways, VanWinkle and Hoverson are emblematic of the ascendant populist, MAGA-aligned faction of the North Dakota Republican Party. They are on the extreme fringe of conservative politics, and openly detest their traditionally conservative leaders. Now they’ve got challengers who are respected members of Minot’s business community, and will no doubt run well-organized and well-funded campaigns.

If the 2026 election is a turning point in the

internecine conflict among North Dakota Republicans

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— the battle to see if our state will be governed by traditional conservatives or culture war populists — this primary race in District 3 could well be the hinge on which it turns.

In the 2024 cycle, there was an effort, largely organized by then-Rep. Brandon Prichard, to push far-right challengers against more moderate incumbent Republicans.

It was largely unsuccessful.

Most of the candidates Prichard backed lost, including Prichard himself, who was

defeated in the June primary

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by current Rep. Mike Berg, a candidate with a political profile not all that unlike that of Mihalick and DesLauriers.

But these struggles among Republicans are hardly unique to North Dakota, and the populist MAGA faction has done better elsewhere. In South Dakota, for instance, in the 2024 primary,

more than a dozen incumbent Republicans were swept out of office.

Can North Dakota’s normie Republicans avoid that fate? They’ll get another test in 2026, but recruiting strong challengers like Mihalick and DesLauriers is a good sign for them.

Rob Port
Rob Port is a news reporter, columnist, and podcast host for the Forum News Service with an extensive background in investigations and public records. He covers politics and government in North Dakota and the upper Midwest. Reach him at rport@forumcomm.com. Click here to subscribe to his Plain Talk podcast.
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