Commutation/Pardon
o President Biden has the power of executive clemency to give Leonard Peltier the option of granting a pardon or commuting a sentence.
Compassionate release
o Leonard Peltier is eligible for compassionate release under BOP rules, but he has been denied multiple times and he has no right to appeal these denials to a federal district court because he was convicted before 11/1/1987.
Mr. Peltier’s home community on the Turtle Mountain Reservation in North Dakota continues to plead for his return, confirming that they do not see his release as a threat to his community. Read the full letter here.
Recent Letters / Actions:
• 2021 July: James Reynolds Letter to President Biden “Enough is Enough”. James Reynolds is the former U.S. Attorney whose office handled the prosecution and appeal of Leonard Peltier in 1977.
Link to Letter: James Reynolds’ Letter
• 2021 October: Letter from Members of Congress led by Cong. Raul Grijalva (D-AZ).
Link to Letter: 10/21 Letter from Members of Congress
• 2021 November: Letter from 11 Members of Congress led by Cong. Raul Grijalva (D-AZ).
Link to Letter: 11/21 Letter from Members of Congress????????
• 2022 February: Sen. Brian Schatz (D-HI) Letter to President Biden.
Link to Letter: Sen. Schatz Letter
• 2022 February: Sen. Patrick Leahy (D-VT) Letter to President Biden.
Link to letter: Sen. Leahy Letter
• 2022 February: Letter from 11 Members of Congress led by Cong. Raul Grijalva (D-AZ)
Link to Letter: 2/22 Letter from Members of Congress
• 2022 February: The National Congress of American Indians (NCAI) renews the call for
the release of Leonard Peltier.
Link to Resolution: NCAI Resolution 2/14/2022
• 2022 March: Democratic National Committee – Native American Caucus
Statement in Support of Clemency for Leonard Peltier
Link to letter: DNC
Supporting Background Points:
• Leonard Peltier is now 77 years old and Saturday, February 6, 2022, marked the
completion of his 46th year in prison.
• Leonard Peltier tested positive for the coronavirus on 1/28/22.
• Due to the ongoing COVID-19 pandemic and Leonard’s already fragile health status,
including diabetes and an abdominal aortic aneurysm, there is renewed urgency behind
the effort to gain his release.
• Our request for clemency is centered on the injustice of his continued incarceration based
on the constitutional violations and prosecutorial misconduct that have been unveiled in
recent years.
Examples:
o The government withheld exculpatory evidence: a ballistics report showed the
shell casings collected from the scene didn't come from his weapon.
o The prosecution of Leonard Peltier relied on testimony from supposed witnesses
who later recanted their statements, asserting that FBI agents threatened and
coerced them into lying.
o Also see: Former Federal Judge Kevin Sharp CBS News Interview 2/6/22:
President Biden Feels Push from Activists to Grant Clemency for Leonard Peltier, America's Longest Held Political Prisoner
CBS News, 2/6/2022
https://www.cbsnews.com/live/video/20220206194245-president-biden-feels-push-from-activists-to-grant-clemency-for-leonard-peltier-americas-longest-held-indigenous-prisoner/
• Counterpoint to assertion that his conviction has been upheld by the U.S. District Court,
the 8th Circuit Court of Appeals, and the Supreme Court:
o No denial of the prosecution’s misconduct.
o Conviction was upheld despite the prosecution’s misconduct.
See United States v. Peltier, 553 F. Supp. 890 (D.N.D. 1982) (denying motion to
vacate judgment and for a new trial); United States v. Peltier, 731 F.2d 550 (8th
Cir. 1984) (remanding for an evidentiary hearing); United States v. Peltier, 609 F.
Supp. 1143 (D.N.D. 1985) (denying motions to disqualify judge and to vacate
judgment and for a new trial), aff’d, 800 F.2d 772 (8th Cir. 1986), cert. denied,
484 U.S. 822 (1987); Peltier v. Henman, 997 F.2d 461 (8th Cir. 1993) (affirming
the denial of 28 U.S.C.
§ 2255 motion); Peltier v. Booker, 348 F.3d 888 (10th Cir.
2003) (affirming the denial of habeas relief and request for parole), cert. denied,
541 U.S. 1003 (2004).
§ The Eight Circuit stated that “[t]he use of the affidavits of Myrtle Poor
Bear in the extradition proceedings was, to say the least, a clear abuse of
the investigative process of the F.B.I.” See United States v. Peltier, 585
F.2d 314, 335 n.18 (8th Cir. 1978).
§ The Eighth Circuit later acknowledged the “improper conduct” by the FBI
and noted that the explanation for the initial ballistics report authored four
months prior to the one used at trial – showing that “[n]one of the other
ammunition components recovered at the [shoot-out] scene could be
associated with [the Wichita AR–15]” – was “facially inconsistent with
the newly-discovered evidence.” See United States v. Peltier, 800 F.2d
772, 776, 778 (8th Cir. 1986) (some alterations in original, some added).
§ Despite this, the Court relied on an interpretation that Supreme Court
precedent at the time required a finding “that it is reasonably probable the
jury would have acquitted Peltier had it been aware of [the concealed]
evidence,” a misunderstanding of the standard which the Supreme Court
subsequently clarified. See id. at 777.
• Leonard Peltier's unjust imprisonment has been recognized as such by national and
international human rights organizations, leading voices on criminal justice issues,
dignitaries from around the world, and nearly 100 current and former members of
Congress.
• To mainstream America, these actions by the FBI in the mid-1970’s in Indian country
seem hardly believable. To Native Americans, their actions resonated deeply and
represent a time of open oppression and aggression by federal law enforcement on Indian
reservations throughout America.
• Our efforts to gain the release of Leonard Peltier have repeatedly been stymied by the
opposition of the FBI. It has been over four decades. The time for healing is now – both
for American Indians and the FBI.
• For additional information, please contact Judge Kevin Sharp, former Chief Judge of the
U.S. District Court – TN and voluntary pro bono lawyer for Leonard Peltier.
o Judge Kevin Sharp: ksharp@sanfordheisler.com / (615) 434-7701
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