Federal Judge Rejects Peltier Appeal

http://www.newsday.com/news/nationworld/wire/sns-ap-peltier-appeal,0,7592375.story?coll=sns-ap-nationworld-headlines

FARGO, N.D. -- A judge has rejected an appeal by imprisoned American Indian activist Leonard Peltier, who argued the U.S. government had no right to try him for crimes that occurred on a South Dakota reservation.

Peltier, 60, is serving a life sentence for killing two FBI agents during a 1975 standoff on the Pine Ridge Indian Reservation. He was convicted in 1977 and has filed numerous appeals.

U.S. District Judge Ralph Erickson ruled that the government has the right to prosecute and imprison anyone who kills federal agents, no matter where the crimes occur.

I can't say the ruling was a surprise.

I never met Leonard Peltier, but I know enough people who have, and enough about the circumstances of the times that I certainly believe that either a pardon or a commutation of sentence is long overdue.

I believe it would go a long way towards reconciliation of Native Americans with the federal government.

(Fat chance with a Republican President.)

Wicasa, you seem to know about this case. Do you think there is evidence he murdered those FBI agents?

Greetings,
Leonard is not guilty for all the right reasons, there's not enough evidence, he was illegally extradicted from Canada, misconduct on the part of the FBI, and if you give, "In The Spirit Of Crazy Horse" any credence, (and I do), then you've read the actual shooter's words. (Ask Harvey Arden about this sometime, I've been privileged enough to have him as a guest in my home). There is very little that Leonard can do because the FBI has to incarcerate someone when agents are killed. Dead federal agents demand action, of course, and Leonard was an A.I.M. member and an agitator. The investigation was bungled atrociously, and Leonard was left holding the bag. Bottom line, even if the shooter did "come out" nothing would come of it. The Gov't has too much at stake with Leonards conviction at this late date. The truly sad thing is, that the two dead F.B.I. agents and their families will never have justice. Recommended reading: "In The Spirit Of Crazy Horse" & "My Life Is My Sundance, Prison Writings Of Leonard Peltier."

:dem:
powwowdancer out

As to whether Leonard Peltier is factually guilty I have no first hand knowledge. I do know that five or six mutual acquaintances do not believe that it is possible, mostly on the strength of their opinions of Leonard Peltier as a person.

As to the book "In the Spirit of Crazy Horse" I do not give it a lot of credence. I have not read it, but among people I know who have, all of whom are either Native American or very sympathetic to Native American issues, the consensus is that it is at best, sloppily written with many errors--not that there is nothing beneath it--there is something. There are issues there.

What I know of the period that is worth relating here:

1. (Democratic) U. S. Senators George McGovern and James Abourezk are credited by a fair number of Native Americans with having been instrumental in avoiding a bloodbath, which would have been mostly Native American blood.


2. There were great rifts within the Native American community itself at that time which have in large part, but not completely healed. Peter Mathieson pretty much sided with one group, which without being better or worse from a moral or political perspective, was certainly more confrontational.


3. I believe that it is the consensus that the federal presence on the Pine Ridge Reservation was unfortunate at best during this period.

and one way to stop him was to frame him for the murders. BTW welcome to DU powwowdancer. I was very angry that Clinton didn't pardon him.

I was disappointed too. I was following the issue at the time, and the reports were that Clinton was considering it closely, but then he got a lot of pressure from former and present FBI agents.

I don't really know what to do about that? I do believe that it was issues like this that until recently kept the bulk of FBI, CIA, and law enforcement agency personnel generally unquestioningly loyal Republicans.

Now that some of them are beginning to see that the Republicans have betrayed their trust more than the Democrats ever did, that perhaps it makes more sense to try to heal old wounds within the populace than to perpetuate them.

maybe things will change. But I think that they are so afraid of anyone with personal power that they have to keep them locked up or suicided.

disappointed Clinton did not pardon or give clemency to Peltier.
I guess Clinton knew he would be buddies with GHW.
I think it was cowardly Clinton did not, if pardon Peltier, give him clemency.

This happened during a time when Nixon was paranoid about the creation of AIM and wanted it destoryed....but then again he wanted to destroy the 'hippies and war protesters' too.

(1) On February 27, 1973, members of the American Indian Movement, or AIM, together with a number of local and traditional Native Americans began their seventy-two day occupation of Wounded Knee.

Their goal was to protest injustices against their tribes, violations of the many treaties, and current abuses and repression against their people. The United States government responded with a military style assault against the protesters.

In the end, various officials promised hearings on local conditions and treaty violations. These hearings were never convened. The use of military force by the U.S. government was later ruled unlawful.

(2) Throughout the next three years, long referred to by local Native Americans as the "Reign of Terror," the FBI carried out intensive local surveillance, as well as the repeated arrests, harassment and bad faith legal proceedings against AIM leaders and supporters.

The FBI also closely collaborated with and supported the local tribal chairperson, Dick Wilson, and his selected vigilantes, the "Guardians of the Oglala nation, or quite literally, the "GOONS. Mr. Wilson was notorious for his corruption and abuse of power.
During this "Reign of Terror," some sixty-four local Native Americans were murdered.

Three hundred were harassed beaten or otherwise abused. Virtually all of the victims were either affiliated with AIM or their allies, the traditional tribe members.

The FBI had jurisdiction to investigate major crimes, yet these deaths were never adequately investigated or resolved. Nor did the FBI agents take any measures to curb the violence of GOONS, with whom they were closely collaborating.

(3) After Wounded Knee, both Dennis Banks and Russell Means were brought to trial. The prosecution presented the testimony of a Mr. Moves Camp. This testimony was shown to be pure fabrication, with serious implications of FBI misconduct. The judge dismissed the case, declaring that "the waters of justice have been polluted. The jurors asked the U.S. Attorney General not to appeal the case. (New York Times 26 Sept. 1974, pg.55).

(4) In May of 1975 the FBI began a sizable build up of its agents, mostly SWAT members, on the reservation. In June 1974 SWAT teams from numerous divisions were designated for special assignment at Pine Ridge. Yet the politically related murder rate climbed. A June 1975 FBI memo referred to the potential need for military assault forces to deal with AIM members. Needless to say, tensions were running extremely high on all sides.

In my opinion, Leonard Peltier should never have been tried in the first place... and, last but NOT least, Bill Clinton should have pardoned him before leaving office.

continuation of the genocide aimed at Native Americans.

Starting with George Washington selling out his native allies, the history of this nation has been constant over few issues other than the elimination of those "pesky redskins".

That's why it didn't surprise me at all that Clinton didn't pardon Peltier, or work harder to protect the Native American lands, or, or, or any of dozens of things he could have done to offset this historic, and ongoing, crime.

They are still just "pesky redskins" and will be until the last Native American is in the ground.

And we knock the Nazis.

Well, more like hired them (Klaus Barbie as recently as 1980), and heck, what else would you call the neocons?

I never forgave Clinton for.Not to release Leonard Peltier was an injustice I still cry tears of anger over.And to continue this farce is unforgivable.
They know he's inocent,the evidence did not support their case!

At least I hope so.

This is insane.

But, having just spent 3 weeks out west for the first time in 15 years, I can attest that things are better than they were. Money from the casinos sure does shut a body up, I bet.