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Regarding Clemency
What is 'Executive Clemency' you
may well ask. Executive Clemency may take several forms,
including pardon, commutation of sentence, remission of fine or
restitution, and reprieve. The President's clemency power
extends only to federal criminal offenses. The Pardon Attorney
prepares the recommendation of the U.S. Department of Justice
(DOJ) for the President for final disposition of each
application.
Clemency as regards the Peltier case refers to the commutation
of his sentence, not a pardon. A president can decrease the
amount of time Leonard Peltier must serve prior to release or
immediately release Leonard Peltier for time already served. A
pardon can only be awarded once a released prisoner has been
free and hasn't re-offended for a period of five years.
Before leaving office in 2001, then President Bill Clinton did
not approve or deny a grant of Executive Clemency to Leonard
Peltier. He opted to do nothing. According to the clemency
guidelines followed by the DOJ, the petition is still pending.
In fact, the International Peltier Forum received correspondence
from DOJ that this is indeed the case. This indicates, then,
that the then Attorney
General Janet Reno favored an award of clemency.
In point of fact, however, the outcome of Leonard Peltier's existing petition
for clemency is not at all dependent on the DOJ's recommendation. Why? The authority to grant a
commutation of a sentence imposed by a federal court belongs
only to the President (under Article II, Section 2 of the U.S.
Constitution). This means that the above clemency regulations
are advisory only and for the internal guidance of DOJ
personnel. The decision to commute Leonard Peltier's sentence is
the President's and the President's alone.
This leads us to the confusion that exists among supporters
about the timing of awards of Executive Clemency. Many people
believe that such awards only occur when a president leaves
office. This is not true. For example, President Bush has
issued commutations annually since taking office and even
President Clinton awarded clemency at times other than when he
left office on January 20, 2001. Our point? The timing of such
awards also is entirely up to the discretion of the President
and may occur on the day he/she takes office, his/her last day
in office, or any day in between. A two-term President, of
course, provides us with even more opportunity. This is all
just to say that, in light of the 2008 presidential election, an active clemency campaign today on Leonard Peltier's behalf is not wasted effort or premature.
Write, call, fax
and e-mail the
White House to express your support for an award of
Executive
Clemency to Leonard Peltier. Avoid political arguments or debate about the intricacies of
the Peltier case, however. Instead, focus on:
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Equal
Rights. "Special treatment" for Leonard
Peltier has had the effect of preventing his parole
(which should have been awarded over a decade ago) or
an award of Executive Clemency. This violates
our concept of justice and equal protection under the
law.
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Peltier's
humanitarian record.
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Leonard's health. (See health-related content in the sample letter below.)
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The impact of his
imprisonment on Leonard's family.
You are
encouraged to also sign the online
clemency petition.
Contact information
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President George W. Bush
The White House
1600 Pennsylvania Avenue
Washington, DC 20500 |
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Phone Numbers: |
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Comments - 202-456-1111
Switchboard - 202-456-1414
Fax - 202-456-2461 |
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E-Mail:
president@whitehouse.gov |
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Sample Letter
President George W. Bush
The White House
1600 Pennsylvania Avenue
Washington, DC 20500
(Insert Date)
Dear President Bush:
If you, as
President, truly seek freedom and justice for all—as
your inaugural address indicated—act to
right the wrongs committed by our government in years
gone by. Begin by granting
Executive Clemency to Leonard Peltier.
I believe Peltier was wrongfully convicted for the 1975 shooting
deaths of two agents of the Federal Bureau of
Investigation. U.S. prosecutors have repeatedly admitted that they
did not and cannot prove Peltier's guilt and the appellate courts have cited
numerous instances
of investigative and prosecutorial misconduct in
this case. As late as November 2003, the 10th
Circuit Court of Appeals acknowledged that "…Much of
the government’s behavior at the Pine Ridge
Reservation and its prosecution of Leonard Peltier is to
be condemned. The government withheld evidence. It
intimidated witnesses. These facts are not
disputed."
The courts claim they lack the power to right this
wrong but, as President, you can.
In this case, I believe your concern should be for equal
treatment. From the time of Peltier's conviction
until the mid-1990s, according to the Bureau of Justice
Statistics, the average length of
imprisonment served for homicide in the United States
ranged from 94 to 99.8 months. Even if you were
to take Peltier's two consecutive life sentences into
account at the higher end of this range, it is clear that
Peltier should have been released a very long time
ago. His continued imprisonment after over 30 years appears to be
nothing less than revenge for a crime Leonard Peltier did
not commit. Personalized and politically motivated
vengeance of this kind cannot be tolerated. The
concepts of justice and good government require that
you act to correct this wrong.
Peltier has served his time. Even by the government's own
definition, he has already been imprisoned for a
lifetime. In that time, he has missed the simplest things of ordinary
life—having dinner with friends, taking walks in
the woods, gardening, children's laughter, dogs
barking, the feel of rain on his face, the sound of
birds singing... winter and summer and spring and fall.
He has missed seeing his children and grandchildren grow
up. They suffer, too. Leonard Peltier is now a great-grandfather. How many more generations must suffer this tragedy?
Leonard Peltier is over 60 years old
and his health is
deteriorating. He has suffered a stroke which
left him partially blind in one eye. For many
years, Peltier had a seriously debilitating jaw
condition which left him unable to chew properly and caused consistent pain
and headaches. Today, Leonard Peltier continues to suffer from diabetes,
high blood pressure, and a heart condition. He risks blindness, kidney failure, stroke,
and certainly premature death given his diet, living conditions,
and health care.
I say enough is enough, Mr.
President. Do the right thing. Grant
Executive Clemency to Leonard Peltier right away.
Thank you for giving fair
consideration to Leonard Peltier.
Sincerely,
Signature |
COINTELPRO