Biden commutes sentence of Native American activist Leonard Peltier
President Biden on Monday commuted the life sentence of activist Leonard Peltier, who was controversially convicted of murdering two FBI agents, within the final hour of his presidency.
"The President is commuting the life sentence imposed on Leonard Peltier so that he serves the remainder of his sentence in home confinement. He is now 80 years old, suffers from severe health ailments, and has spent the majority of his life (nearly half a century) in prison,” the White House said in a statement.
The commutation is distinct from a pardon, and the White House’s statement treats Peltier as guilty of the crimes of which he was convicted.
Peltier, an activist affiliated with the American Indian Movement (AIM), was one of several people involved in a firefight in 1975 that killed FBI agents Ronald Arthur Williams and Jack Ross Coler on South Dakota’s Pine Ridge Reservation.
Peltier is the only person to be convicted in connection with their deaths. Two of his fellow activists were also charged in the murders but were acquitted on evidence Peltier’s defense was not allowed to present.
Peltier traveled to the reservation with his fellow activists during a period of tensions between members of the Lakota nation and tribal chairman Richard Wilson, who critics viewed as a puppet of the U.S. government. It also came shortly after the armed occupation by AIM members of Wounded Knee, the site of an 1890 massacre of Native Americans by the U.S. army.
The trial and conviction have long been controversial and criticized as unfair by Peltier’s advocates. They have pointed to the admission by a key witness that she lied about both witnessing the murders and her own relationship to Peltier, as well as a juror who was seated despite admitting to prejudice against Native Americans.
Pope Francis, Amnesty International and the late Nelson Mandela have all called for Peltier’s release, as has one of the federal prosecutors in his trial.
Multiple Democratic lawmakers, led by then-Senate Indian Affairs Committee Chair Brian Schatz (D-Hawaii), urged Biden to secure Peltier's release in December.
Peltier has been repeatedly denied parole, including last year, which would likely have been his last chance to avoid dying in prison without presidential action. The FBI has continued to vocally advocate against his release or pardon, with FBI Director Christopher Wray calling him a “remorseless killer” during his most recent parole application.
Peltier has maintained his innocence throughout his incarceration, and calls for his release have increased due to his age and numerous health problems, including diabetes, vision loss and multiple bouts with COVID.
“It’s finally over – I’m going home," Peltier said in a statement through the group NDN Collective. “I want to show the world I’m a good person with a good heart. I want to help the people, just like my grandmother taught me.”
“President Biden was right to commute the life sentence of Indigenous elder and activist Leonard Peltier given the serious human rights concerns about the fairness of his trial," Paul O’Brien, executive director of Amnesty International USA, said in a statement.
“Amnesty International has advocated for the U.S. government to grant Leonard Peltier clemency for years, following the leadership of Tribal Nations and Indigenous Peoples.”
— Updated at 12:38 p.m.
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