In the final minutes of his presidency, former President Joe Biden commuted the sentence of a Native American activist who killed two FBI agents, according to the White House.
Biden commuted 80-year-old Leonard Peltier’s life sentence on Monday at the same time he extended preemptive pardons to his family members.
“This commutation will enable Mr. Peltier to spend his remaining days in home confinement but will not pardon him for his underlying crimes,” the White House announced, noting that Peltier “suffers from severe health ailments, and has spent the majority of his life (nearly half a century) in prison.”
“Mr. Peltier is a Native American activist who is currently serving life in prison for killing two FBI agents on the Pine Ridge Indian Reservation and escaping from federal prison. Tribal Nations, Nobel Peace 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 Mr. Peltier clemency, citing his advanced age, illnesses, his close ties to and leadership in the Native American community, and the substantial length of time he has already spent in prison,” the White House announced.
Thirty-four Democratic members of Congress pushed Biden to grant Peltier clemency in December, citing former U.S. Attorney James Reynolds’ statement that Peltier served his sentence “on the basis of minimal evidence, a result that [he] strongly doubt[s] would be upheld in any court today.”
Former FBI Director Christopher Wray wrote in June that releasing Peltier would “represent an affront to the rule of law.”
“Over the past 45 years, no fewer than 22 federal judges have evaluated the evidence and considered Peltier’s legal arguments,” Wray wrote. “Each has reached the same conclusion: Peltier’s claims are meritless, and his convictions and sentence must stand.”
Biden also pardoned his brothers, who were connected to his son Hunter Biden’s business dealings overseas, as well as other family members on Monday. On Friday, Biden commuted sentences for 2,500 individuals, including a cop killer and other dangerous criminals.
Virginia Attorney General Jason Miyares wrote that Biden should be “ashamed” of his decision to commute sentences for Ferrone Claiborne and Terence Richardson, whose attack on an officer in 1998 led to his death. The officer’s daughter, Crissana Gibson, said she was “shattered” knowing these men can now “walk the streets freely.”
Days before Christmas, Biden commuted death sentences for 37 inmates on death row, including a man who murdered an Ohio police officer. Marissa Gibson, widow of murdered officer Bryan Hurst, called Biden’s decision “a complete dismissal and undermining of the federal justice system.”
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