Biden Should Pardon Leonard Peltier

Guest Opinion

By Isiah Smith, Jr. | Jan. 4, 2025

​Now that Christmas has passed and fortune has blessed us with another new year, President Biden can perform one more graceful and merciful act before he leaves office: pardon Leonard Peltier for a crime he may not have committed.

​Maybe you’ve never heard of Leonard Peltier, or perhaps you heard of him once and your memory is hazy. You can’t quite place the name or picture his face. But his is a name and face you should remember, so let me remind you.

​First, you should know Mr. Leonard Peltier was born on September 12, 1944, and is a Native American activist and member of the American Indian Movement (AIM). Given this country’s sordid history with Native Americans, this is not an insignificant fact.

​The government convicted Mr. Peltier of two counts of first-degree murder, claiming he was responsible for the death of two FBI agents in a June 26, 1975, shooting on the Pine Ridge Indian Reservation in South Dakota. The court sentenced him to two consecutive life imprisonment sentences. He has been imprisoned since 1976 for 48 years. Peltier became eligible for parole in 1990, but the government denied his petition. He is currently incarcerated at the United States Penitentiary in Coleman, Florida.

​The case against Mr. Peltier is a stark example of the injustice often faced by Native Americans and other minorities. This case should leave us all questioning our legal system.

​Several organizations and concerned Americans have raised doubts about Peltier’s guilt. They’ve questioned whether the trial was fair because it relied on alleged inconsistencies in the FBI and prosecution procedures. Significantly, two witnesses recanted their testimony, alleging they were made under severe duress from the FBI. One or more witnesses received immunity from the FBI in exchange for their testimony.

In a June 8, 2024, interview conducted by Native Online, Mr. Peltier’s attorney, Kevin Sharp, who served as a U.S. District Judge, as well as the Chief Judge for the Middle District of Tennessee, said: “Pine Ridge was a powder keg with the Goon Squad operating there with the government’s help. AIM was there to protect those not part of the Goon Squad. There were many murders and assaults in a three-year timeframe. When plain-clothed agents in unmarked cars arrived, a firefight ensued. Leonard did not shoot the agents, and the FBI knew this but withheld evidence. The court of appeals acknowledged this but couldn’t overturn the conviction due to legal standards. Judge Heaney, who wrote the opinion, later supported clemency for Leonard.”

Sharp continued: “Now, 38 of Judge Heaney’s former clerks support parole for Leonard, including three who worked on his case. The government admits they don’t know who killed the agents, but it wasn’t Leonard. It’s time to release Leonard and start the healing process.”

​Yet, there has been no healing process. This case recalls another case involving other alleged Native offenders. Thirty-eight Native Americans were hanged on December 26, 1862, as ordered by former President Abraham Lincoln, after the 1862 Dakota War, which was also known as the Sioux Uprising of 1862. The government commuted the sentences of 265 others.

​After deadly fights with white settlers and soldiers, the military commission sentenced 303 Sioux fighters to be executed for war crimes. Ironically, the confrontation occurred because the Sioux were upset the white settlers and soldiers deprived them of food from their land, the land they had inhabited for generations before the U.S. seized it from them. Harold Holzer, who authored several books on Lincoln, reported that Lincoln reviewed “every one of these capital cases.” His review was cursory at best.

​The Associated Press has criticized the original trials as a farce. Some lasted as little as five minutes. Additionally, the Sioux were denied counsel and did not understand the proceedings.

​After his “review,” Lincoln decided there was enough evidence establishing that 39 Sioux were guilty of murder or rape during the uprising, and he ordered their execution. The government commuted the remaining 264 sentences. Additionally, the government granted a reprieve to one of those before the December 26, 1862, hanging of 38 Sioux warriors.

​Lincoln rejected fellow Republicans’ advice in Minnesota. According to Holzer, those Republicans warned him that showing mercy would “carry a high political cost” and that “lessons needed to be taught.” So, “the great emancipator” cut the baby in half, as it were.

​Even if Peltier were guilty—and evidence suggests he is not—he’s now 80 years old and in bad health, so his compassionate release would not present a danger to public safety. It’s time for us to believe in the potential for healing and reconciliation.

​One last point: That progressive paragon of virtue, Barack Obama, refused to pardon Peltier. Trump never even considered pardoning a nonwhite for allegedly killing whites.

Perhaps Mr. Peltier should try to prove he is Biden’s long-lost son. Then, he may qualify for a pardon. “Pardon for my kin, but not for other men.”

Isiah Smith, Jr. is a retired government attorney.​