Leonard Peltier granted clemency by President Biden

In one in every of his final official acts earlier than leaving the White Home, President Joe Biden launched Leonard Peltier from jail. The motion is a unprecedented transfer that ends a decades-long push by Indigenous activists, worldwide non secular leaders, human rights organizations and Hollywood insiders who argued that the 80-year-old Native American activist was wrongly convicted. 

The commutation was broadly opposed by regulation enforcement who insisted that Peltier’s actions have been cold-blooded, and he ought to stay imprisoned for the remainder of his life for murdering FBI brokers Jack Coler and Ronald Williams in 1975. The brokers’ deaths got here at a time when tensions have been excessive over a nationwide wrestle between the U.S. authorities and activists for Native American civil and treaty rights. 

In line with the chief grant of clemency signed by Biden on Jan. 19, the commutation takes impact Feb. 18. In a press release, Biden stated Peltier is to serve the rest of his sentence at residence and reiterated it’s not a pardon.

“Tribal Nations, Nobel Peace laureates, former regulation enforcement officers (together with the previous U.S. Legal professional whose workplace oversaw Mr. Peltier’s prosecution and enchantment), dozens of lawmakers, and human rights organizations strongly help granting Mr. Peltier clemency, citing his superior age, sicknesses, his shut ties to and management within the Native American group, and the substantial size of time he has already spent in jail,” stated Biden in a press release Monday.

Nick Tilsen, the chief director of NDN Collective, an Indigenous led nonprofit, says Peltier’s launch is a historic second that comes after a few years of organizing and lobbying throughout the globe.

“Leonard Peltier now will get to go residence. Each Indian particular person ever, ever wished to do, was go residence and again to their folks. And now he will have a possibility to try this,” Tilsen stated.

Kevin Sharp is the previous Chief Choose of the U.S. District Courtroom for the Center District of Tennessee. He represented Peltier for 5 years and filed his clemency petition in 2019 and refiled it in 2021. He stated Biden granting Peltier clemency could have a big effect in Indian Nation. 

“President Biden took an infinite step towards therapeutic and reconciliation with the Native American folks on this nation,” Sharp stated in a press release. 

“It took practically 50 years to acknowledge the injustice of Leonard Peltier’s conviction and continued incarceration, however with the President’s act of mercy, Leonard can lastly return to his reservation and stay out his remaining days.”

“To say that is overdue is an understatement, and the huge effort to push for Leonard’s freedom by so many is unparalleled,“ stated Robert Gifford, a prison protection lawyer who has labored to safe Peltier’s clemency for greater than 4 years.

Gifford launched audio he stated was recorded with Peltier Monday. On the decision, Peltier stated he was “overwhelmed with happiness.”

”I wish to stroll out right here like a warrior and, you already know, begin getting myself handled and get myself in form once more and proceed my life serving to our folks,” Peltier stated.

Biden’s motion isn’t a pardon that forgives Peltier’s offense, however slightly a commutation — which lessens his sentence and successfully frees him from jail. Peltier suffers from problems associated to diabetes, kidney illness and close to blindness, and his attorneys argued that he wouldn’t survive for much longer in jail. In line with the assertion made by Biden, Peltier will serve out the remainder of his sentence in residence confinement.

Peltier has been held in Florida at Coleman 1, a federal detention middle in Sumter County. He admitted capturing on the brokers however all the time maintained his innocence. 

“I didn’t kill these brokers,” Peltier informed former Minnesota Public Radio broadcaster Gary Eichten in a 1991 interview. Peltier was engaged on an enchantment at the moment.

Peltier’s newest bid for parole was denied final July. He wasn’t eligible for an additional listening to till June 2026. 

Biden’s transfer is definite to anger many within the regulation enforcement group. FBI Director Christopher Wray lobbied in opposition to Peltier’s most up-to-date parole request. 

“Over the past 45 years, no fewer than 22 federal judges have evaluated the proof and regarded Peltier’s authorized arguments.“ Wray wrote in a letter opposing Peltier’s 2024 parole request. “Every has reached the identical conclusion: Peltier’s claims are meritless, and his convictions and sentence should stand.”

The FBI additionally discouraged previous presidents from pardoning or granting clemency to Peltier.

“They have been down, they have been wounded, they have been helpless and he shot them level clean,” Mike Clark, president of the Society of Former Particular Brokers of the FBI, informed The Related Press final summer season. “It’s a heinous crime.”

The July 2024 AP article additionally shared a photograph from an illustration on Dec. 15, 2000 of 500 brokers marching in the direction of the White Home, protesting clemency for Peltier. An agent carried a photograph of Coler and Williams.

Clark shared a press release Monday upon listening to the information that Peltier was granted a commutation of his sentence.

“This motion is really an affront to the rule of regulation. I want to thank all Society members, particularly Ed Woods, who’ve taken motion and made efforts over time to make sure that Peltier, a remorseless killer, served his sentence,” Clark stated.

Coler and Williams have been shot on the Pine Ridge reservation in South Dakota whereas serving an arrest warrant for another person.

The capturing of the 2 brokers adopted a tense two years on the Pine Ridge reservation. On the time, leaders of the American Indian Motion (AIM) demanded higher therapy of Native folks residing on and off the reservation-including jobs, higher well being care and training. AIM was based in 1968 in Minneapolis throughout a nationwide wrestle for civil rights. Peltier, a citizen of the Turtle Mountain Band of Chippewa in North Dakota, joined the motion in 1972. 

In February of 1973 the stress culminated at Wounded Knee when members of AIM and different Indigenous folks took over the city. A stand-off between members of AIM and federal regulation enforcement lasted for 71 days.

After the Wounded Knee occupation ended, a wave of violence overtook Pine Ridge. In line with stories, greater than 20 folks have been killed on the reservation.

Within the late morning of June 26, 1975, brokers noticed and adopted what was described as a pink pickup truck. Peltier and some different males have been within the truck, which changed into Leaping Bull Ranch in Oglala, South Dakota, the place Peltier and different AIM members have been tenting. A firefight ensued. 

Simply earlier than midday, brokers radioed for backup, saying they have been below fireplace and wanted help. Different brokers have been miles away and in addition below duress. Inside minutes, each Coler and Williams had been shot and killed. It took hours for his or her our bodies to be recovered.

In line with the FBI, “a complete of 5 rounds had been fired from each Williams’ and Coler’s weapons. The brokers’ automobiles alone had 125 bullet holes.” Williams was shot within the foot, his physique and head whereas Coler was shot twice within the head after sustaining different bullet wounds, the FBI stated. 

Williams’ automobile was later taken in addition to the agent’s weapons. The FBI alleges that Darrelle Butler took Williams’ handgun, Peltier took Coler’s, and Robert Robideau took Coler’s rifle and shotgun. 

One other particular person was additionally killed within the gunfight. Joseph Bedell Stuntz Sr. was 23-years-old and a tribal citizen initially from Forks and Port Angeles in Washington. In line with FBI stories, Stuntz was shot by regulation enforcement in the course of the altercation. 

Butler, Peltier and Robideau have been charged with two counts of first-degree homicide and aiding and abetting. Peltier, who already had an excellent warrant for illegal flight to keep away from prosecution, fled to Canada. He was positioned on the FBI’s ten most wished listing in 1975. In 1976, he was captured by the Royal Canadian Mounted Police and was extradited to america. His trial passed off a 12 months later in Fargo, North Dakota. 

After a five-week trial, Peltier was discovered responsible and sentenced to 2 consecutive life phrases in jail. Butler and Robideau have been acquitted in 1976 on grounds of self-defense. 

Peltier’s model of the occasion additionally modified over time. Within the guide written by Peter Matthiessen titled, “Within the Spirit of Loopy Horse” Peltier stated he was engaged on a automobile nowhere close to Leaping Bull when the incident occurred. In one other account, he stated he was woke up by the sound of gunfire. In his 1999 memoir, “Jail Writing, My Life is My Sundance,” Peltier admitted to capturing on the brokers however maintained he didn’t kill them. 

Advocates have referred to as for Peltier’s launch for many years

Biden’s motion comes after years of public strain from Native American tribes and teams. 

Earlier this month, a gaggle of 120 former and present tribal elected leaders signed a letter asking Biden to launch Peltier.

“Our standing on the planet as a champion of freedom, justice and human rights can’t be maintained in a system that enables Leonard Peltier to die in jail,” learn the letter from tribal elected officers printed on NDN Collective’s web site.

Activists with the American Indian Motion lobbied for Peltier’s launch since he was first imprisoned. AIM members, alongside the advocacy group NDN Collective, walked from Minneapolis to DC as just lately as 2022 to convey consciousness to Peltier’s case and his bid for clemency.

His conviction and sentence additionally impressed worldwide help starting from the human rights group Amnesty Worldwide to the United Nations Working Group on Arbitrary Detention. Others together with Pope Francis, Robert Redford, and the members of the band, Rage In opposition to the Machine, have additionally referred to as for Peltier’s launch. That advocacy elevated in recent times as Peltier’s well being has worsened after spending greater than half of his life behind bars.

“He’s of outdated age and ill and he poses little menace to society. If there was ever a case that merited compassionate launch, Leonard Peltier’s is it,” U.S. Sen. Brian Schatz (D-Hawaii) remarked from the ground of the U.S. Senate final month. “That is precisely what that superior energy is for. To proper a historic mistaken. And if not that, then simply to point out mercy and let an outdated man die together with his household.” 

Schatz was one in every of greater than two dozen members of Congress who wrote to Biden and urged him to “rectify this grave injustice that has lengthy troubled human rights advocates and Native Peoples.” The letter was signed by a number of distinguished Minnesota Democrats together with U.S. Sen. Tina Smith and U.S. Representatives Ilhan Omar and Betty McCollum.

After information of Peltier’s commutation, Schatz stated Biden did the proper factor by commuting his sentence.

“President Biden did the proper factor by displaying this growing old man ill mercy and permitting him to return residence to spend no matter days he has remaining together with his family members.”

Schatz thanked Biden for securing Peltier’s launch, one in every of Biden’s closing acts as president.

A number of of those that have referred to as for Peltier’s launch have referenced one other letter written by James Reynolds. A former federal prosecutor for the District of South Dakota, Reynold’s workplace led the primary case in opposition to Peltier and a later enchantment.

In 2021, Reynolds wrote to Biden to say he believed the federal government had not made its case in opposition to Peltier. The previous prosecutor expressed a way of regret for having put him behind bars.

“With time and the good thing about hindsight, I’ve realized that the prosecution and continued incarceration of Mr. Peltier was and is unjust.  We weren’t capable of show that Mr. Peltier personally dedicated any offense on the Pine Ridge Reservation,” Reynold’s wrote.

Requires lessening Peltier’s sentence stretch again even additional.

In 1991, Gerald Heaney, the late federal decide who penned the opinion in Peltier’s 1986 enchantment, wrote to the late Sen. Daniel Inouye of Hawaii saying he believed then that former President George W. Bush had a foundation for shortening Peltier’s sentence.

“The FBI used improper ways in securing Peltier’s extradition from Canada and in in any other case investigating and making an attempt Peltier’s case,” Heaney wrote.

Whereas Heaney didn’t ship the letter to former President George Bush himself, Heaney granted permission to Inouye to share his letter with Bush.

In 2017 an lawyer for Peltier petitioned former president Obama for clemency within the closing days of his time period. Related petitions have been made to former presidents going again to President Jimmy Carter. 

Tilsen, who’s group has bought a house for Peltier to stay in on the Turtle Mountain Indian Reservation, says this second can’t be understated.

“I believe that this second is historic … actually, it’s emotional, as a result of this represents 50 years of organizing,” stated Tilsen.