Leonard Peltier granted clemency by President Biden

Leonard Peltier granted clemency by President Biden

In certainly one of his final official acts earlier than leaving the White Home, President Joe Biden launched Leonard Peltier from jail. The motion is a rare 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 extensively opposed by legislation enforcement who insisted that Peltier’s actions had 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 had been excessive over a nationwide wrestle between the U.S. authorities and activists for Native American civil and treaty rights. 

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

“Tribal Nations, Nobel Peace laureates, former legislation enforcement officers (together with the previous U.S. Lawyer 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 neighborhood, and the substantial size of time he has already spent in jail,” mentioned Biden in a press release Monday.

Nick Tilsen, the manager 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 dwelling. Each Indian individual ever, ever wished to do, was go dwelling and again to their individuals. And now he will have a chance to try this,” Tilsen mentioned.

Leonard Peltier, citizen of Turtle Mountain Band of Ojibwe, gave an interview to journalists whereas standing trial in Wisconsin for the tried homicide of a police officer. Peltier was acquitted of the cost in 1978.

Courtesy of MIGIZI

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 mentioned Biden granting Peltier clemency can have a big effect in Indian Nation. 

“President Biden took an infinite step towards therapeutic and reconciliation with the Native American individuals on this nation,” Sharp mentioned 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 reside out his remaining days.”

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

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

”I need to stroll out right here like a warrior and, , begin getting myself handled and get myself in form once more and proceed my life serving to our individuals,” Peltier mentioned.

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 response to the assertion made by Biden, Peltier will serve out the remainder of his sentence in dwelling confinement.

Peltier has been held in Florida at Coleman 1, a federal detention heart 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.

https://play.publicradio.org/web/o/minnesota/news/features/2025/01/17/1991_Eichten_and_Peltier_20250117_64.mp3

Gary Eichten interviews Leonard Peltier in 1991

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

Biden’s transfer is for certain to anger many within the legislation enforcement neighborhood. FBI Director Christopher Wray lobbied in opposition to Peltier’s most up-to-date parole request. 

“During the last 45 years, no fewer than 22 federal judges have evaluated the proof and thought of 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 had been down, they had been wounded, they had 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 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 actually an affront to the rule of legislation. I wish 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 mentioned.

Coler and Williams had 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 individuals residing on and off the reservation-including jobs, higher well being care and schooling. 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. 

The American Indian Motion had a storefront workplace positioned on East Franklin Avenue in Minneapolis in the course of the late Nineteen Sixties and Seventies.

Courtesy of MIGIZI

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

After the Wounded Knee occupation ended, a wave of violence overtook Pine Ridge. In response to studies, greater than 20 individuals had been killed on the reservation.

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

Simply earlier than midday, brokers radioed for backup, saying they had been beneath fireplace and wanted help. Different brokers had been miles away and in addition beneath 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 response to 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 mentioned. 

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 individual 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 response to FBI studies, Stuntz was shot by legislation enforcement in the course of the altercation. 

Butler, Peltier and Robideau had 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 record in 1975. In 1976, he was captured by the Royal Canadian Mounted Police and was extradited to america. His trial occurred 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 had 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 mentioned he was engaged on a automobile nowhere close to Leaping Bull when the incident occurred. In one other account, he mentioned 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 known as for Peltier’s launch for many years

Biden’s motion comes after years of public stress 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 permits Leonard Peltier to die in jail,” learn the letter from tribal elected officers printed on NDN Collective’s web site.

Activists take part in a protest to induce U.S. President Joe Biden to grant Native American activist Leonard Peltier clemency outdoors of the White Home in Washington, DC.

Anna Moneymaker | Getty Pictures 2023

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 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 Towards the Machine, have additionally known as for Peltier’s launch. That advocacy elevated lately as Peltier’s well being has worsened after spending greater than half of his life behind bars.

“He’s of previous age and sick 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 unsuitable. And if not that, then simply to indicate mercy and let an previous man die along with his household.” 

Schatz was certainly one 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 mentioned Biden did the correct factor by commuting his sentence.

“President Biden did the correct factor by exhibiting this getting older man sick mercy and permitting him to return dwelling to spend no matter days he has remaining along with his family members.”

Schatz thanked Biden for securing Peltier’s launch, certainly one of Biden’s last acts as president.

A number of of those that have known 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 in a position to 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 techniques in securing Peltier’s extradition from Canada and in in any other case investigating and attempting 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 last days of his time period. Related petitions had been made to former presidents going again to President Jimmy Carter. 

Tilsen, who’s group has bought a house for Peltier to reside 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,” mentioned Tilsen.