Indian Time - A Voice from the Eastern Door

Over 30 members of Congress requested President Joe Biden to pardon Leonard Peltier, a 79-year-old Native American rights champion who has been imprisoned for nearly 50 years and is currently ill.

“As Members of Congress, we sign this letter with a deep commitment to the crucial role we play in upholding justice for all Americans — and to also hold our government accountable when we see a case of injustice, as demonstrated by the long incarceration of Leonard Peltier,” reads their letter to Biden, which was led by Rep. Raul Grijalva (D-Ariz.).

“We applaud your commitment to criminal justice reform and your administration’s work to address inequities in the criminal justice system and rectify the past wrongs of our government’s treatment of Native Americans,” they wrote. “We urge you to take the next step by granting Mr. Peltier executive clemency or compassionate release.”

Thirty members of the House and three senators—Bernie Sanders (I-Vt.), Brian Schatz (D-Hawaii), and Tina Smith (D-Minn.)—have signed the letter. Since Biden became president, Democrats in Congress have publicly urged him to free Peltier four times.

It’s interesting to note that Rep. Tim Burchett (R-Tenn.) is the first Republican representative to join the calls for Peltier’s release. When asked why he decided to join their efforts, his office did not react.

Leonard Peltier, a prominent Indigenous rights advocate, has been incarcerated since 1977, making him arguably the longest-held political prisoner in the U.S.

As a key figure in the American Indian Movement (AIM), Peltier championed causes that highlighted federal violations of treaty rights, discrimination, and police violence directed at Native Americans.

In the aftermath of a 1975 conflict on the Pine Ridge Reservation in South Dakota where two FBI agents lost their lives, the FBI and U.S. attorney’s office were quick to incarcerate Peltier, despite not having conclusive evidence of his direct involvement in the killings. The integrity of his trial raised many eyebrows: The prosecution withheld evidence that could have cleared him, witnesses were coerced into providing false testimonies by the FBI, and he faced trial separately from his fellow defendants, who were later found not guilty based on self-defense. Additionally, a juror openly confessed her prejudice against Native Americans during the trial but was not dismissed.

In subsequent years, the U.S. government recognized its serious missteps during the trial. A federal judge in 2003 even stated that the government’s conduct in the case “is to be condemned.”

Peltier was found guilty of assisting in the killing of the FBI agents simply because he was at the scene that day. He received a sentence of two consecutive life terms in prison. The prosecution later confessed they were uncertain about the identity of the individual who directly shot the agents.

At 79, Peltier continues to assert his innocence, which likely plays a role in his denied parole requests. His parole journey has been so fraught with issues that, last year, United Nations legal specialists took the rare step of reviewing his case, subsequently urging President Biden to grant his immediate release.

Currently, Peltier’s health is declining in a Florida high-security prison, where he faces extreme confinement conditions, often in near-perpetual lockdown. He navigates with the help of a walker, is partially blind from a stroke, and has significant health complications from diabetes and an aortic aneurysm. The situation is dire.

Despite this, the FBI remains steadfast in their opposition to his release. Their justification for keeping him imprisoned is questionable at best.

While President Biden has the authority to release Peltier unilaterally, doing so would mean going against the FBI. This presents a dilemma. However, calls from members of his own party for Peltier’s release are mounting.

In addition to the numerous requests from Congressmen, the Democratic National Committee unanimously approved a resolution last year urging Biden to pardon Peltier. Numerous activists and Indigenous leaders rallied last month outside the White House to urge the release of Peltier. Amnesty International, a well-known human rights organization that frequently campaigns for the release of political prisoners in other nations, has now begun a new initiative that directly calls on Biden to liberate Peltier.

Two well-known Native leaders recently gave the impression that Peltier’s freedom would be a top priority topic in the 2024 presidential race.

“It’s simply a choice we fully expect him to make,” Fawn Sharp, president of the National Congress of American Indians, said of Biden releasing Peltier.

“Being silent on this issue, given all the facts, given all the advocacy, given all the issues raised by Indian Country ― when it is your choice and you’re the top person and you choose to ignore it, you’ve become complicit in this injustice for Indian Country,” she said.