BISMARCK, N.D. (AP) — An American Indian activist and former U.S. congressional candidate in North Dakota accused of inciting a riot during protests against the Dakota Access pipeline says he'll seek to present a "necessity defense."

That's justifying a crime by arguing it prevented a greater harm.

Chase Iron Eyes has pleaded not guilty to inciting a riot and criminal trespass. He could face more than five years in prison if convicted at trial in February.

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Pipeline protesters who try the necessity defense typically argue they're combatting climate change. Iron Eyes, a member of the Standing Rock Sioux tribe, says he hopes to show that civil disobedience was his only option to resist a threat to drinking water from the pipeline.

A judge will hear arguments Nov. 3.

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