Oklahoma City attorney representing Native activist granted clemency by President Biden
OKLAHOMA CITY (KFOR) – An Oklahoma City attorney says he's spent nearly five years on a legal team representing a North Dakota man former President Joe Biden decided to grant clemency to Monday.
Leonard Peltier, 80, is currently serving life sentences after being convicted for the 1975 shootout deaths of FBI agents Jack Coler and Ronald Williams at a South Dakota reservation.
Before that, Peltier was a leader of the American Indian Movement (AIM), a grassroots activist group fighting for the rights of Indigenous people.
Peltier has insisted he's innocent, and his supporters say his trial was unreliable.
"There were letters written directly to Senator Biden 25, 30 years ago on behalf of Leonard Peltier, when Senator Biden was then head of the Judiciary Committee," said Robert Gifford, one of Peltier's attorneys based out of Oklahoma City.
Gifford says he was brought onto the case a few years ago and helped submit a clemency petition for Peltier in 2021. It wasn't the first time Peltier had applied, but previous attempts never proved to be successful.
The petition documents say Peltier's involvement in AIM made him a target of an FBI campaign to crush indigenous political momentum through surveillance and sham legal proceedings. They call Peltier a scapegoat and accuse the FBI of using false testimony and fabricated evidence. The FBI has refuted those allegations.
A statement from the FBI Agents Association Monday pushed back on Peltier's release, calling it a cruel betrayal. You can read the entire statement below:
The FBI Agents Association (FBIAA) is outraged by then-President Biden’s decision to commute the sentence of Leonard Peltier, a convicted cop killer responsible for the brutal murders of FBI Special Agents Jack Coler and Ronald Williams. This last-second, disgraceful act by then-President Biden, which does not change Peltier’s guilt but does release him from prison, is cowardly and lacks accountability. It is a cruel betrayal to the families and colleagues of these fallen Agents and is a slap in the face of law enforcement.
Agents Coler and Williams gave their lives in service to this nation, and their families continue to bear the heavy burden of that sacrifice. The loss of these heroes is felt as deeply today within the FBI family as it was in 1975. Leonard Peltier has never expressed remorse for his actions. Special Agents Coler and Williams were stolen from their families, robbed of the chance to share precious time and milestones with their loved ones. Leonard Peltier should not have been granted a mercy he so cruelly denied to the Coler and Williams families.
The profound sacrifice made by Agents Coler and Williams should be honored, not diminished. FBIAA remains steadfast in our commitment to preserving their legacies, and we look forward to working with new leadership in Washington to protect the public, honor our heroes and leave cop killers where they belong — in prison.
Natalie Bara, President of The FBI Agents Association
A warrant of commutation signed by Biden on Monday says the former president is leaving all other components of his sentence intact aside from his ability to serve the rest of it under home confinement. Gifford says he and Peltier's legal team had heard rumors the commutation could come Sunday, but hope diminished rapidly heading into President Donald Trump's inauguration.
"As President Biden was walking into the rotunda during the inauguration, his name was released," said Gifford. "It truly was one of those moments that we were in shock."
Gifford says flight arrangements have been made to transport Peltier back to North Dakota, where he has a home waiting for them. He'll serve out the rest of his sentence under U.S. probation officer supervision.
"Obviously, if he wants to leave the home to go to a church service or if he needs to go to a doctor or speak to an attorney, he'll be allowed to do so," said Gifford. "But really he will primarily be at his home on the Turtle Lake Reservation there in North Dakota."
Cherokee Nation Principal Chief Chuck Hoskin Jr. released the following statement Monday regarding Peltier's commutation:
On this Martin Luther King Jr. Day - a day dedicated to honoring the pursuit of justice and equality — we commend President Biden for granting clemency to Leonard Peltier on his last day serving in office. This historic decision reflects a critical step toward reconciliation, not only for Mr. Peltier but for Native communities that have long fought for recognition, sovereign rights, and dignity.
Leonard Peltier's role in the American Indian Movement embodies the greater struggle for equality, dignity, and recognition faced by Indigenous peoples for generations. His story speaks to the shared values of justice, equity, and compassion that Dr. King also championed - a reminder of the unity and resilience needed to overcome adversity.
On behalf of the Cherokee Nation, we are thankful Leonard Peltier gets to return home to his Native people and live out his life as a man who fought for Native rights.
Chuck Hoskin Jr., Principal Chief of the Cherokee Nation
Gifford says the support Peltier has received from tribes across the country undoubtedly played a big part in his commutation. He says the support he's seen has truly been something for the history books.
"I had the honor and, you know, the responsibility of just being the lawyer on the case, but in this case, it took a movement and it was a movement of people who saw something that was unjust, that was unfair, and that, you know, Mr. Peltier, he'd served his time and it was time for him to go home," said Gifford.
Peltier is expected to be released from his Florida prison on February 18. Gifford says that will give everyone involved enough time to plan out arrangements.
Gifford also shared a phone call with Peltier Monday after learning of his own commutation.
"I'm overwhelmed with happiness right now," said Peltier. I want to cry. I want to scream. I can't believe it's over...I didn't think we'd see this happen in my lifetime; I really didn't. I didn't think it would get this far."