In a surprising move on his final day in office, President Joe Biden has commuted the life sentence of Leonard Peltier, an 80-year-old Native American activist who has been imprisoned for nearly five decades over the controversial murders of two FBI agents in 1975. The decision, which will allow Peltier to serve the remainder of his sentence under home confinement, comes after years of advocacy from tribal nations, human rights organizations, and even the prosecutor who originally helped put him behind bars.
A Contentious Case and a Long Road to Clemency
Leonard Peltier, a member of the Turtle Mountain Chippewa tribe, was convicted in 1977 for the shooting deaths of FBI agents Jack Coler and Ronald Williams during a confrontation on South Dakota’s Pine Ridge Indian Reservation. The incident occurred amidst mounting tensions between federal authorities and the American Indian Movement (AIM), a group advocating for Indigenous sovereignty and civil rights.
Despite maintaining his innocence, Peltier was sentenced to two consecutive life terms based largely on eyewitness affidavits which were later recanted. His supporters, including Amnesty International and the Dalai Lama, have long argued that he was denied a fair trial, citing withheld evidence, coerced testimony, and the FBI’s admitted “reign of terror” on the reservation leading up to the shootout.
Prosecutor’s Change of Heart
Perhaps most remarkably, even James H. Reynolds, the former US Attorney who oversaw Peltier’s prosecution, had lobbied for his release in recent years. In a letter to Biden, Reynolds expressed regret and called the case against Peltier “thin” and his continued incarceration “unjust.”
“I write today from a position rare for a former prosecutor: to beseech you to commute the sentence of a man who I helped put behind bars,” Reynolds wrote. “With time, and the benefit of hindsight, I have realized that the prosecution and continued incarceration of Mr. Peltier was and is unjust.”
– James H. Reynolds, former US Attorney
Health Concerns and Final Push for Freedom
Peltier’s advanced age and deteriorating health lent urgency to the clemency campaign in recent months. The octogenarian activist suffers from diabetes, high blood pressure, and a heart condition which supporters say make him particularly vulnerable in the prison system.
In addition to the medical concerns, advocates pointed to Peltier’s model prisoner status, his role as a mentor to young Native inmates, and the potential for him to help heal intergenerational trauma in Indigenous communities upon release. His continued imprisonment, they argued, served no valid penological purpose.
A Symbolic Victory for Native Rights
While Peltier’s commutation falls short of the full pardon and exoneration sought by many supporters, it is still being hailed as a meaningful victory for Native Americans who view his case as emblematic of the historic mistreatment of Indigenous people by the US criminal justice system.
“Leonard’s freedom is not only a personal triumph, but a triumph for Indigenous peoples everywhere,” said Kevin Sharp, one of Peltier’s current attorneys. “His story sheds light on the FBI’s deplorable tactics, the unfairness of our courts, and the indomitable spirit of those who fight for Native rights. This is a step towards reconciliation.”
– Kevin Sharp, Leonard Peltier’s attorney
As news of the clemency decision spreads through Indian Country and beyond, many are reflecting on Peltier’s long, strange trip from a 1970s activist and fugitive to a global human rights icon to, now, an elder coming home in the twilight of his life. His release is bittersweet, they say, but a long time coming.
Prayers answered. 🙏🏽After 47 years, #LeonardPeltier will finally be going home. Thank you @POTUS for doing the right thing and allowing an innocent elder to live out his remaining years with his family. A momentous day for justice. pic.twitter.com/7gZARGULqT
— Ruth H. Hopkins (@Ruth_HHopkins) March 20, 2023
For Peltier himself, the prospect of freedom after so long is bittersweet but filled with gratitude. “I look forward to being able to hug my children, grandchildren, and great-grandchildren,” he said in a statement. “I will hear the birds sing and watch the sun rise over the horizon as a free man. I hope to be a force for healing in my remaining years – for my people and for this nation that has lost its way. Mitakuye Oyasin – we are all related.”
- 1944: Leonard Peltier is born on the Turtle Mountain Indian Reservation in North Dakota
- 1972: Peltier joins the American Indian Movement (AIM), participates in Trail of Broken Treaties march on Washington, D.C.
- 1975: Shootout at Pine Ridge leaves two FBI agents and one Native man dead; Peltier flees to Canada
- 1977: After extradition, Peltier is convicted of murdering the agents and sentenced to two life terms
- 2023: On his last day in office, President Joe Biden commutes Peltier’s sentence, clearing path for release
The Leonard Peltier case has been a flashpoint in Native American activism and the broader fight for social justice for nearly half a century. While his release cannot undo past wrongs, advocates hope it can be a catalyst for addressing the persistent inequities facing Indigenous communities and an opportunity for healing on all sides. As America reckons with its history, Peltier’s journey from prisoner to free man marks the end of one long chapter and, perhaps, the beginning of a new one.
