“. . . I write today from a position rare for a former prosecutor: to beseech you to commute the sentence of a man I helped put behind bars.”

Thus begins one of the most stunning letters I have ever read, written almost four years ago by former U.S. Attorney James H. Reynolds to President Joe Biden, pleading with him to exonerate former American Indian Movement (AIM) leader Leonard Peltier, who had been convicted of murdering two FBI agents at South Dakota’s Pine Ridge Reservation in 1975.

In one of his last acts before leaving office, Biden did so: freeing Peltier, now 80 years old and beset with health problems, after nearly half a century in federal prison, allowing him to serve the rest of his sentence – lifetime imprisonment – from the Chippewa reservation in North Dakota that is his home. Peltier was released from prison on Feb. 18.

Hey, big news – kind of. Much of the mainstream coverage has been careful to present it as simply a kind-hearted act by the U.S. Department of Justice, allowing an elderly, convicted murderer to spend his final years under home incarceration. It has downplayed not only the serious flaws in the case against Peltier and the worldwide demands for his release – from Amnesty International, from Pope Francis, from Nelson Mandela and so many others – it has avoided any mention of the larger context: that white America has long been at war with the continent’s Native population, taking their land and attempting to obliterate their culture, essentially declaring them to be subhuman.

For that reason, the fact that Reynolds’ letter is now poking itself into the present news cycle is utterly mind-boggling.

The Pine Ridge shootings occurred on June 26, 1975, when two FBI agents entered the reservation to arrest a resident for stealing a pair of cowboy boots. According to Peltier supporters’ account, the agents entered private property without identifying themselves. Many AIM members happened to be present at the time. A shootout took place – the reason uncertain – and the two agents, along with a Pine Ridge resident, were killed. The reservation was soon surrounded by about 150 police and FBI officers. Peltier, a Native rights activist, was among those arrested and eventually became the focal point of the government’s case.

Reynolds’ letter to Biden continues: “Leonard Peltier’s conviction and continued incarceration is a testament to a time and a system of justice that no longer has a place in our society. I have been fortunate enough to see this country and its prevailing attitudes about Native Americans, progress dramatically over the last 46 years.”

He then goes into detail about the case itself, explaining: “We were not able to prove that Mr. Peltier personally committed any offense on the Pine Ridge Reservation. As a result, we shifted our stance on the theories of guilt throughout the prosecution and appeal.”

Ultimately, the entirety of the case against Peltier, he writes, was that he was present at the reservation and was in possession of a weapon. There was no evidence that he shot the agents – or evidence against anyone else at the reservation. Indeed, The Guardian, writing about the case, notes that a witness who testified that she saw Peltier shoot the agents “later said she had been coerced into testifying and recanted her testimony.”

All of which sets the context for the largest point Reynolds makes to Biden, transcending the case itself and looking directly at the country’s evolving social consciousness:

“I believe,” he writes, “that a grant of executive clemency would serve the best interests of justice and the best interests of our country. In my opinion, to continue to imprison Mr. Peltier any longer, knowing what we know now, would serve to continue the broken relationship between Native Americans and the government

“I urge you to chart a different path in the history of the government’s relationship with its Native people through a show of mercy rather than continued indifference. I urge you to take a step toward healing a wound that I had a part in making. I urge you to commute Leonard Peltier’s sentence and grant him executive clemency.”

All I can do is let these words sit there for a moment. My God, this is a larger look at the nature of justice than I would expect from at actual member of the Department of Justice. Mr. President, let us take action now to begin healing our broken relationship with Native Americans. Let us look at ourselves!

It took Biden several years to take action on Peltier’s incarceration, and it’s not as though Biden’s commutation was also an exoneration – a declaration of his innocence . . . nor was it an apology for the nation’s, or for Europe’s, five centuries of land theft and cultural dehumanization of indigenous people of the Americas.

But let me dig for a moment into the words of Peltier himself, who has written an account of how, as a 9-year-old boy, he (along with his sister and a cousin) were taken from their homes and sent off to . . . uh, boarding school, perhaps more accurately called dehumanization school, the point of which was to take away their language, their culture, their humanity. Upon arrival, the children were stripped naked, forced into hot showers, then “they put DDT all over us. The poison even got in our eyes and mouths.”

The children were told it was to kill lice and other insects – but in reality it was no doubt to eliminate the “Indian” in them. “They made it clear we were hated,” he wrote. “With every look, with every cruel word, they continued a war our ancestors had fought since their ancestors landed here back in 1492.” Some of the kids wound up committing suicide; they were buried in unmarked graves on the school grounds.

Peltier also noted: “We spoke our language. We sang our songs. And we prayed in our languages, all in secret.”

Proof of his guilt – he broke the rules!

He concluded his boarding school memories by writing: “You don’t treat people badly like that. I rise only when I help you rise. Despite all those beatings, I still believe it. It’s a law, like physics, and it’s true. You get nowhere being mean and disrespecting the feelings of others, especially the most vulnerable. I have seen both kinds of people and more than my share of evil ones, and I know I’m right. I rise only when I help you rise.”

This isn’t what the boarding school taught, but apparently this is what he learned. And now, his intention is to teach it to the world.

Robert Koehler is an award-winning, Chicago-based journalist and nationally syndicated writer. His newly released album of recorded poetry and art work, Soul Fragments, is available here: https://linktr.ee/bobkoehler

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