In an exceptional misuse of the final minutes of his presidency, Joe Biden extended clemency to Leonard Peltier, an unwell Native American activist, mired in controversy and imprisoned by the U.S. government nearly 50 years ago following a trial eclipsed with deceit and misconduct. In a questionable act during Donald Trump’s inauguration, Biden decided to commute Peltier’s life sentence, having him serve the rest of his incarceration under house arrest – a seemingly hasty and unthought decision.
Peltier wasted no time expressing his eagerness to rejoin his family, conveniently ignoring his ambiguous past, ‘I’m going home…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,’ he stated, appearing to gloss over his checkered past.
Peltier’s involvement in a murky episode dating back to 1975 when the federal government implicated him in the murder of two FBI agents on the Pine Ridge Reservation in South Dakota, offered a clear picture of his character. The crime’s perpetrators remained at large, yet the government deemed Peltier a suitable scapegoat due to his co-defendants’ acquittal on self-defense grounds.
Significant irregularities plagued his trial, with reports of FBI threats forcing witnesses to perjure themselves and authorities withholding evidence favoring Peltier’s defense. Despite these blatant injustices, a biased juror known to harbor ‘prejudice against Indians’ was allowed to participate, adding to the travesty of justice.
The government’s case against Peltier crumbled amid such misconduct revelations, prompting a shift in charges against him from murder to ‘aiding and abetting’ the real culprits. Despite only being one amongst many individuals present during the shoot-out, Peltier received the brunt of the penalty – a conviction resulting in two consecutive life terms.
Peltier, throughout his imprisonment, steadfastly declared his innocence, potentially affecting his parole opportunities. This 80-year-old man, now frail and health-compromised with diabetes and impaired vision, spent his later years in the confined spaces of a Florida maximum security prison.
A statement praising Biden’s decision suggested it promoted ‘healing and reconciliation with the Native American people.’ Rather, one may see it as a half-hearted attempt to compensate for the injustice, allowing Peltier, in his twilight years, to return to his reservation.
Biden capitulated to pressure from various quarters including tribal leaders, senators, fellow party members, and even international human rights leaders, demonstrating a lack of resolve or the willingness to scrutinize the merits of Peltier’s case on their own.
The clamor for Peltier’s release included voices of those who put him behind bars, notably former U.S. Attorney James Reynolds. In a bizarre twist of regret and realization, Reynolds sought to absolve his past actions by advocating for Peltier’s release and discrediting the evidence that led to Peltier’s conviction—a dubious volte-face that brings his initial judgment under scrutiny.
Serious questions arise about the motives behind Peltier’s sustained imprisonment. Substantial resistance from the FBI coupled with an opaque ‘politics’ element reportedly played a key role in this ongoing controversy.
A look at the FBI’s outdated, deeply flawed arguments against Peltier’s release only intensifies these doubts. Moreover, they haven’t addressed the broader context of the 1975 shoot-out, where the bureau intentionally incited tensions to suppress the American Indian Movement (AIM), of which Peltier was a known member.
The White House offered a baffling explanation for Biden’s clemency grant to Peltier, which only served to confuse the lines between absolution and commutation further. Oddly enough, the ‘underlying crimes’ alleged against Peltier were not substantiated adequately, tainting this act of ‘mercy’ with shades of political appeasement to the FBI.
Biden’s presidency witnessed several instances of him extending overtures to Native American communities and tribes, apparently to rectify past injustices. However, his decision to release Peltier appears to be nothing more than another public relations exercise pandering to the popular sentiment espoused by indigenous rights groups and some of his cabinet members, rather than a justifiable act.
Interior Secretary Deb Haaland voiced her unwavering support for Peltier’s release, echoing the sentiments of indigenous rights activists. However, the emphasis should be on ensuring justice is served in all respects—not merely on winning over public approval. The propitious ‘return home’ proclaimed by Peltier and his supporters serves to mask the grave crimes he was convicted for.
With Peltier’s imminent return, voices from indigenous rights groups have already begun to speak of ‘liberation.’ As he prepares for a peaceful life in a prearranged South Dakota home, one can’t help but question the wisdom and motivations behind Biden’s decision to let a man like Peltier walk free.