Last Chance Campaign Asks Biden to Free Leonard Peltier Before Leaving Office

Interview with Chris Wellborn, president of the National Association of Defense Lawyers, conducted by Melinda Tuhus

On Dec. 1, President Joe Biden pardoned his son Hunter for any crimes he may have committed. On Dec. 12, the outgoing president granted clemency, consisting of 39 pardons and 1,499 commutations. Commutation reduces a sentence, totally or partially, that is then being served, but does not change the fact of conviction, imply innocence or remove civil penalties. Just before Christmas, Biden commuted the death sentences of 37 of the 40 men on federal death row to life in prison without the possibility of release.

One petition the president hasn’t acted on yet is commuting the two life sentences that American Indian Movement activist Leonard Peltier is serving after being convicted of “aiding and abetting” the murder of two FBI agents on the Pine Ridge reservation in South Dakota in 1975. Peltier, who’s been in prison five decades, has always maintained his innocence. No direct evidence tying him to the crime was introduced at his trial. Two other AIM activists were acquitted of murder almost 50 years ago after claiming self-defense.

Now the National Association of Criminal Defense Lawyers has added its voice to scores of organizations and individuals around the world who are calling on Joe Biden to release Peltier, who is 80 years old and in poor health, so he can spend any remaining days at home with his family.  The group recently sent a letter to Biden seeking clemency for Peltier. Between The Lines’ Melinda Tuhus spoke with Chris Wellborn, president of the National Association of Defense Lawyers, about why his group decided to take up Peltier’s case.

CHRIS WELLBORN: It is in our wheelhouse. This is the first time that I’m aware of. We have called for a commutation of his sentence or clemency for him, particularly, although, our organization has been — in terms of members — involved in and interested in Native Americans and the intersection between Native Americans and the criminal legal system. This is something that has been one of the cornerstones of my presidency and we have been involved in for years. And we had members, well, specifically William Kunstler, who was involved in the defense of two of the three people tried for the murders of the FBI agents at Oglala.

MELINDA TUHUS: And they were acquitted.

CHRIS WELLBORN: They were acquitted after the trial. That is correct. We’ve had other members who’ve moved for years, defended Native Americans, both in state and federal court throughout the country.

MELINDA TUHUS: So I imagine that you’ve been following this case, whether you personally, your organization and he’s been in jail for prison for almost 50 years. And there have been many efforts led by indigenous people, but also, you know, Amnesty International. Many, you know, the popes, many individuals and organizations around the world have been calling for decades, basically, because we all know that his trial was rife with racism and prejudice including perjured testimony, intimidation of witnesses and the bullet casings found at the scene of the murders didn’t match Leonard’s gun, among other things.

CHRIS WELLBORN: But regardless of whether or not were he to have been given a fair trial where witnesses hadn’t been intimidated, where you didn’t have the overlay of everything that had gone on at Pine Ridge leading up to the shootout, and he’s been in jail 50 something years, well, almost 50 years, he’s in terrible health. There are people who, quite frankly, have also been convicted of similar offenses. And, you know, it’s just, it doesn’t serve any purpose to keep him there.

MELINDA TUHUS: Since he’s been in jail for so many decades and people have been calling for his, you know, commutation for so long. Why now? Why is your organization calling for this now?

CHRIS WELLBORN: Partially is because of his health issues and his age. And the basic idea is that if it doesn’t happen now, it may never happen and he may die in prison. And the idea is that at this point, for him to be able to leave a federal facility, go back to, I believe it’s Turtle Mountain, where he’s from seems like the humane way to resolve something that should have never happened back in, you know, the 1970s. The whole scenario of how that that whole event took place and the events leading up to it was just one big unnecessary fiasco. And I don’t in any way mean to minimize the death of these two agents, which is terrible for them and for their families.

MELINDA TUHUS: Was this a letter that you wrote directly to the president? Yes.

CHRIS WELLBORN: Well, there were two letters. There was the letter that came from our organization, signed by me as president on behalf of the organization that went directly. And then there was a letter that was co-authored that was basically our organization supporting some folks that have been advocating for his release for some time.

MELINDA TUHUS: So 10,000 defense lawyers. It seems like fairly hefty group.

CHRIS WELLBORN: Well, we hope, we hope. I mean, it’s if you don’t ask, you don’t get. And it may turn out that that Leonard Peltier is not granted clemency, but we’re at least making the effort.

MELINDA TUHUS: If Biden doesn’t do that, are you going to continue your organization’s advocacy into incoming President Trump’s term?

CHRIS WELLBORN: That I certainly hope so.

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