by Donald ‘C-Note’ Hooker
Leonard Peltier’s name has become a rallying cry for justice – a symbol of how systemic inequities can devastate individuals and entire communities. For nearly 50 years, Peltier has been imprisoned for crimes he may not have committed, convicted in a trial marred by fabricated testimony, suppressed evidence and political motivations. As President Joe Biden’s term draws to a close, the question of whether he will commute Peltier’s sentence is about more than correcting a miscarriage of justice. It is about whether Democrats can reclaim their core constituency by delivering tangible actions – not just symbolic gestures.
For decades, the Democratic Party has been seen as the party of social justice and equality, promising to uplift marginalized communities and address systemic wrongs. Yet, time and again, the party has fallen short, offering rhetoric without results. The 2024 election sent a clear message: Without deliverables, even loyal constituencies will turn away. Leonard Peltier’s clemency is an opportunity for the Democratic Party to prove it still stands for the principles it claims to champion.
At the same time, Peltier’s case exposes the broader failures of America’s justice system, particularly in its treatment of elderly inmates. Peltier, who was not sentenced to death or life without parole, has effectively been condemned to die in prison through repeated parole denials. This abuse of power, which we at Parole Elder Abuse Concerns Everyone (PEACE) call “unauthorized quasi-executions,” reflects a systemic disregard for judicial and legislative oversight. Correcting this injustice is not just a moral imperative – it is a test of the Democratic Party’s commitment to its core values and constituents.
Leonard Peltier’s case
Leonard Peltier’s story is one of profound injustice. Born in 1944 on the Turtle Mountain Chippewa Reservation in North Dakota, Peltier grew up amid systemic neglect, poverty and the long shadow of federal policies designed to undermine Native sovereignty. By the 1970s, he had become a leading figure in the American Indian Movement (AIM), which fought to address the systemic injustices faced by Indigenous communities. This activism, however, placed him directly in the crosshairs of government surveillance and repression.
On June 26, 1975, a shootout on the Pine Ridge Reservation in South Dakota left two FBI agents, Ronald Williams and Jack Coler, dead. The incident occurred against the backdrop of extreme violence and federal overreach on the reservation. Peltier, along with Robert Robideau and Darrelle Butler, was charged with the agents’ deaths. While Robideau and Butler were acquitted on grounds of self-defense, Peltier fled to Canada, where he was later extradited under false pretenses based on coerced testimony.
Peltier’s trial in 1977 was marred by prosecutorial misconduct, including the suppression of key ballistics evidence that could have exonerated him. Testimony from Myrtle Poor Bear, a witness who later admitted she had been coerced by the FBI, was used to secure his extradition and conviction. Despite these glaring issues, Peltier was sentenced to two consecutive life terms. His imprisonment has since been widely condemned by human rights organizations, including Amnesty International, as well as legal experts and former law enforcement officials.
Crucially, neither the judicial nor legislative branches sentenced Leonard Peltier to death or life without parole. Yet, through repeated parole denials, he has effectively been condemned to die in prison. This abuse of the parole system undermines the fundamental principles of justice and due process, particularly when significant flaws in his trial have been acknowledged by figures like Judge Gerald Heaney, who presided over Peltier’s appeal.
Leonard Peltier’s continued imprisonment is not just about one man – it is a reflection of a justice system that fails to protect marginalized communities from systemic abuses. His case is a glaring example of how unchecked power and political motivations can devastate lives and perpetuate injustice.
Systemic issues: Elder abuse and the creation of quasi-executions
Leonard Peltier’s nearly five-decade imprisonment highlights a disturbing practice in the American justice system: the use of parole denials to impose what Parole Elder Abuse Concerns Everyone (P.E.A.C.E.) calls “unauthorized quasi-executions.” These are cases where elderly inmates, sentenced to neither death nor life without the possibility of parole, are effectively condemned to die in prison through repeated and often arbitrary parole denials.
Peltier’s sentence of two consecutive life terms, while severe, did not carry a death sentence. Nor was he sentenced to life without parole. The judicial and legislative branches, which set the boundaries for punishment, did not intend for his incarceration to become an extrajudicial death penalty. Yet, through a lack of oversight and unchecked authority, parole boards have transformed his imprisonment into exactly that.
The federal parole board’s treatment of Leonard Peltier epitomizes this abuse. In June 2024, during his most recent parole hearing, Peltier – now 80 years old and suffering from significant health issues – was denied parole yet again. His next review was delayed for another 15 years, meaning he would not be eligible until the age of 94. This effectively ensures that he will never leave prison alive unless clemency is granted. The parole board’s decision is not rooted in justice or public safety but rather in perpetuating punishment, bypassing the intent of the original sentencing.
This is not about mercy – it is about legality. Parole boards are not authorized under the law to impose de facto death sentences. Their unchecked power to turn parole decisions into tools of retribution undermines the separation of powers and violates the constitutional principles that govern our justice system. Leonard Peltier’s imprisonment is a stark reminder of the need to rein in these abuses and hold parole boards accountable to the law.
The role of lawmakers and what Democrats must learn
Leonard Peltier’s continued imprisonment has sparked a growing wave of advocacy among lawmakers, human rights organizations and even former law enforcement officials. Federal legislators have become increasingly vocal, with some calling on President Biden to grant clemency as a moral imperative. However, Peltier’s case also serves as a critical lesson for the Democratic Party – a stark warning about the consequences of failing to deliver tangible results to its core constituencies.
Lawmakers such as Rep. Alexandria Ocasio-Cortez (D-N.Y.) and Sen. Brian Schatz (D-Hawaii) have been at the forefront of calls for Peltier’s release. Ocasio-Cortez recently highlighted Peltier’s case as emblematic of systemic failures in the justice system, particularly for marginalized communities. In a statement to The Independent, she connected clemency to broader efforts to address systemic racism and the legacy of government oppression against Native Americans. Schatz similarly urged President Biden to act, emphasizing that Peltier’s trial was deeply flawed and his continued imprisonment an affront to justice.
Peltier’s story is deeply tied to the systemic abuses that President Biden addressed in his October 2024 apology for the federal government’s role in Native boarding schools. These schools, designed to strip Native children of their language, culture and identity, were a horrific chapter in America’s history. What Biden failed to mention, however, is that Leonard Peltier himself was a victim of this system. As a child, Peltier was forcibly removed from his family and sent to a boarding school where assimilation policies inflicted lasting trauma. His later activism with the American Indian Movement (AIM) was shaped by this experience, making his imprisonment not just a personal injustice but a continuation of a historical legacy of oppression.
The bipartisan and international support for Peltier’s clemency underscores the political stakes. For decades, Democrats have positioned themselves as the party of social justice and equity, claiming to champion the rights of marginalized communities. Yet, in recent years, the party has relied more on symbolic gestures than substantive action. This disconnection became glaringly evident in the 2024 presidential election, where disillusionment among core Democratic voters – especially Native, Black and Brown communities – contributed to devastating losses.
Peltier’s case represents a clear opportunity for Democrats to reaffirm their commitment to these communities. Granting clemency is not just about correcting a historical injustice – it is about demonstrating that the party is willing to take bold, meaningful action. Without such action, Democrats risk alienating their base further, leaving their promises of justice and equity hollow.
President Biden’s apology for the boarding school crisis was significant, but apologies, however heartfelt, mean little without follow-through. Clemency for Leonard Peltier would show that Democrats are prepared to deliver results, not just rhetoric. It would also send a powerful message that systemic abuses, such as the quasi-executions imposed by parole boards, will no longer be tolerated.
For Democrats, the stakes are high. Peltier’s clemency is not just about one man’s freedom – it is a test of the party’s ability to reconnect with the very communities it claims to represent. Tangible action on this front could begin to repair trust and rebuild the party’s credibility. Failure to act, however, risks further erosion of support and a deepening of the divide between the party and its core constituencies.
Commutation as a balanced solution
Commuting Leonard Peltier’s sentence offers President Biden a balanced resolution to a case that has long divided opinions. It acknowledges the systemic injustices surrounding Peltier’s trial while respecting the gravity of the events at Pine Ridge in 1975. Importantly, commutation would not absolve Peltier of responsibility in the eyes of the law but would allow him the freedom to pursue his innocence – a path that has been obstructed by his decades-long imprisonment.
Peltier’s original sentence of two consecutive life terms did not include the death penalty or life without the possibility of parole. Yet, through repeated parole denials, he has effectively been sentenced to die in prison. This de facto death sentence has occurred despite widespread acknowledgment of misconduct during his trial, including suppressed evidence, coerced testimony, and procedural irregularities. Commuting his sentence is not an act of mercy but a recognition that his imprisonment has far exceeded the bounds of justice.
Commutation also presents a compromise. It addresses concerns raised by those who believe Peltier’s trial was deeply flawed, while avoiding the full exoneration that some might perceive as erasing accountability for the deaths of FBI agents Ronald Williams and Jack Coler. By commuting Peltier’s sentence, President Biden would allow him to spend his remaining years with his family and pursue the legal avenues necessary to prove his innocence – an opportunity he has been denied for decades.
For Peltier, freedom would mean the chance to clear his name and tell his story outside the confines of a prison cell. It would allow him to bring attention to the systemic issues that contributed to his conviction and imprisonment, shedding light on the broader injustices faced by Native Americans within the justice system. This is not just a victory for one man – it is an essential step toward accountability and reform.
Commutation aligns with Biden’s broader promises to address systemic injustices and promote reconciliation. His October 2024 apology for the federal government’s role in Native boarding schools was a significant gesture, but words alone are not enough. Clemency for Leonard Peltier would signal a commitment to turning those words into action, offering tangible relief to a man whose life has been shaped by systemic failures.
Finally, this decision would reinforce the principle that parole boards must operate within their legal authority. Their repeated denials have extended Peltier’s imprisonment beyond what the judicial and legislative branches authorized, turning his sentence into an extrajudicial punishment. Commutation is not about undermining justice – it is about restoring it.
By commuting Leonard Peltier’s sentence, President Biden would grant him the freedom to pursue his innocence, while also addressing a profound injustice that has persisted for nearly 50 years. It is a compromise that respects the complexities of the case while affirming the importance of fairness, humanity, and accountability.
Personal reflections from Donald ‘C-Note’ Hooker
Leonard Peltier’s story resonates deeply with me, a volunteer with Parole Elder Abuse Concerns Everyone (P.E.A.C.E.). His imprisonment, now stretching nearly 50 years, is not just an individual tragedy – it is a glaring example of the systemic injustices that have plagued marginalized communities for generations. Advocating for his freedom has revealed not only the flaws within the justice system but also the resilience of those fighting against it.
What stands out most about Leonard’s case is how profoundly it connects to the broader struggles of Native Americans and other oppressed communities. Peltier is a victim not only of a flawed trial but also of a larger system of oppression. From his forced removal as a child to attend a federal boarding school to his conviction in a trial marred by prosecutorial misconduct, his life story mirrors the historical and ongoing injustices faced by Native peoples in this country. His imprisonment is a continuation of a system designed to silence and marginalize.
My work with P.E.A.C.E. has opened my eyes to how parole boards operate as unchecked extensions of the justice system, imposing unauthorized punishments that defy the original terms of sentencing. Leonard was never sentenced to death or life without parole, yet the parole board’s repeated denials have effectively condemned him to die in prison. This is not justice – it is a systemic failure that undermines the principles of accountability and fairness.
Advocating for Leonard has also been personal. As someone who has worked to expose the inequities faced by marginalized groups, I see his case as emblematic of a broader fight for dignity and justice. Leonard’s imprisonment represents the intersection of race, power and systemic bias, reminding us that the fight for justice is far from over.
Freedom for Leonard Peltier would mean more than his release – it would be a victory for all those who have fought for decades to correct this injustice. It would give him the opportunity to pursue his innocence, to tell his story, and to expose the system that failed him. For Native communities, it would symbolize a step toward healing and reconciliation. For the rest of us, it would affirm that even in the face of overwhelming odds, justice can prevail.
Leonard’s commutation would not mark the end of his journey, but it would offer him the chance to reclaim his life and legacy. It would show that the power of advocacy, resilience and collective action can overcome even the most entrenched injustices. For me, and for so many others, Leonard’s freedom would be a testament to the possibility of change and the enduring importance of fighting for what is right.
A call to action
The continued imprisonment of Leonard Peltier is an undeniable failure of justice, and the time to correct this injustice is running out. At 80 years old, Leonard has spent nearly five decades behind bars, enduring a punishment that was neither intended nor authorized by the judicial system. His case is not just about one man’s freedom – it is a test of our collective commitment to fairness, accountability and the rule of law.
President Biden has the power to act. By commuting Leonard Peltier’s sentence, he can bring an end to this unauthorized quasi-execution and allow Peltier the freedom to pursue his innocence and spend his remaining years with his family. Clemency in this case is not an act of mercy – it is a legal and moral imperative. It is a step toward rectifying a grave injustice that has persisted for nearly half a century.
This is also a moment of reckoning for the Democratic Party. The 2024 election made it clear that symbolic gestures are no longer enough to inspire trust or loyalty from marginalized communities. Tangible action is required. Commuting Peltier’s sentence is an opportunity for Democrats to demonstrate that they stand with their core constituencies, that they are willing to back up their promises of justice and equity with real deliverables.
But action cannot come from leadership alone – it must be demanded by the people. I urge every reader to contact their representatives, write to the White House and amplify Leonard Peltier’s story. Use your voice to insist that President Biden do what is right before his term ends. This is not just about Leonard – it is about holding our justice system accountable and ensuring that no one else suffers under its unchecked abuses.
Leonard Peltier’s commutation would be a victory for justice, but it would also be a challenge to all of us to continue the fight for reform. His release would show that even after decades of injustice, change is possible. Let us seize this moment to push for fairness, humanity and accountability – not just for Leonard but for all those still trapped in a system that prioritizes punishment over justice.
This is our chance to act. This is our chance to demand justice. Let us not allow this moment to slip away.
C-Note is known as the world’s most prolific prison artist, who has written for CalMatters, the Los Angeles Tribune, John Jay College of Criminal Justice, Mprisond Thotz, Inmate Blogger and more. He has been featured in Flaunt Magazine, Elucid Magazine, PEOPLE Magazine and more. Send our brother some love and light: Donald “C-Note” Hooker, K94063 (A2-150), P.O. Box 4430, Lancaster, CA 93539. And visit his website: https://www.c-note.org.
