In a final act of clemency on Jan. 20, President Joe Biden commuted the life sentence of Indigenous activist Leonard Peltier.
Peltier, an enrolled member of the Turtle Mountain Band of Chippewa, was a prominent figure in the American Indian Movement (AIM), which gained national attention in the 1970s for its advocacy of Native American self-determination and resistance to government oppression.
On April 18, 1977, a jury found Peltier guilty on two counts of first-degree murder for his alleged participation in the killing of two FBI agents on the Pine Ridge Indian Reservation in South Dakota. He was sentenced to two consecutive life terms for aiding and abetting murder.
Three AIM members were charged; two, Robert Robideau and Dino Butler, were acquitted of the same charges in separate trials based on self-defense.
The late Federal Judge Gerald William Heaney, who wrote a decision denying a new trial based on suppressed evidence, later urged Leonard Peltier’s release, stating that the FBI used improper tactics to convict him.
The decision to commute Peltier’s sentence, made just hours before Biden left office on Jan. 20, marks a significant moment in the decades-long fight for freedom, justice, and the broader struggles for Indigenous rights in the United States. Peltier was denied parole in July 2024 and would not be eligible again until 2026.
In February 2022, Kevin Sharp, former Federal Judge, had this to say in his push for clemency for then 77-year-old Leonard Peltier in an interview on CBS News:
“This is really Leonard’s last hope because of his age, because of his health problems. Clemency is just a time-served reduction; this is what he deserves. Really, the next step in trying to heal the relationship with the federal government and the Native American community, context matters, and it is hard to understand what happened at Pine Ridge in ‘75 without understanding Wounded Knee in ’73 and Wounded Knee in 1890. To end all the misconduct and broken treaties before that. That’s what led to this conflict and the FBI’s involvement. It is the President’s sole power at this point to fix that.”
Why did Biden commute Peltier’s life sentence just before he left office?
Biden’s move was part of his record-setting number of pardons and commutations, including nearly 2,500 individuals convicted of nonviolent drug offenses and several other high-profile cases.
Joe Biden said in a statement that the decision to commute Peltier’s sentence was part of his broader efforts to address the injustices of the past.
Tribal Nations, Nobel Peace Prize Laureates, former law enforcement officials, (including the former U.S. Attorney whose office oversaw Mr. Peltier’s prosecution and appeal), dozens of lawmakers, and human rights organizations strongly support granting Leonard Peltier’s clemency, citing his advanced age, illness and his close ties to the leadership in the Native American community and the substantial length of time he has already spent in prison.
Biden said, “Leonard Peltier will now have the opportunity to spend his remaining years with family and loved ones.”
In the years since his conviction, Peltier’s story has become one of the most enduring symbols of Indigenous resistance and the fight for justice in the U.S. His case continues to generate debate about the intersection of race, justice, and the U.S. legal system.
Leonard is now 80 years old. President Biden’s commutation on Jan. 20 is a welcomed victory in the fight to bring Leonard Peltier home. Leonard’s health is deteriorating, yet his release date is not until Feb. 18. Why the delay?
Release Leonard Peltier!
Bring Leonard home today!
Gloria Verdieu is an activist in the San Diego Coalition to Free Mumia Abu-Jamal and All Political Prisoners.