Joe Biden commuted the life sentence of the Indigenous activist Leonard Peltier, convicted of the 1975 murder of two FBI agents in South Dakota, moments before handing over power to Donald Trump on Monday.
Peltier, who has spent half a century in federal prison, is said to be in poor health and would have not come up for parole until 2026 after being denied release in July last year.
In a White House statement, Biden said he was commuting Peltier’s life sentence so that he can serve the remainder of his sentence in home confinement.
“He is now 80 years old, suffers from severe health ailments, and has spent the majority of his life (nearly half a century) in prison. This commutation will enable Mr Peltier to spend his remaining days in home confinement but will not pardon him for his underlying crimes,” the statement read.
The commutation order noted that commutation for the Native American activist, who was convicted of killing two federal agents on the Pine Ridge Indian Reservation and escaping from federal prison, was widely supported.
“Tribal Nations, Nobel Peace laureates, former law enforcement officials (including the former US attorney whose office oversaw Mr Peltier’s prosecution and appeal), dozens of lawmakers, and human rights organizations strongly support granting Mr Peltier clemency, citing his advanced age, illnesses, his close ties to and leadership in the Native American community, and the substantial length of time he has already spent in prison,” it read.
In a statement after Peltier’s commutation was announced, he said: “It’s finally over – I’m going home. I want to show the world I’m a good person with a good heart. I want to help the people, just like my grandmother taught me.”
Peltier has maintained his innocence since he was arrested in connection with the deaths and had for decades been supported by advocates for his release by Coretta Scott King, Nelson Mandela and Pope Francis.
James H Reynolds, the US attorney who handled the prosecution and appeal of Peltier’s case, publicly apologized, calling the prosecution and incarceration of Peltier “unjust” and has called for his immediate release.
On 26 June 1975, years-long tensions over self-governance of tribal lands erupted in a shoot-out between the FBI and members of the American Indian movement (AIM), a cold war-era liberation group.
Peltier was among the four men who were indicted in connection with two agents’ murders. The all-white jury did not hear about underlying tensions between the two political factions at Pine Ridge reservation, and witnesses claimed that FBI agents had threatened and coerced them into their testimonies.
The prosecution withheld ballistics evidence, including the fact that Peltier’s rifle could not be matched to shell casings in the trunk of the FBI agents’ car.
Peltier was found guilty of the murders and given two consecutive life sentences. One of his current attorneys, Kevin Sharp, told the Guardian recently there has been misconduct in the investigation and misconduct by the prosecution.
Sharp said he has been frustrated with “the system that refuses to acknowledge the government’s role in what happened in June of 1975, refuses to acknowledge the context of what happened, refuses to acknowledge the violation of rights that happened”.
Prior attempts to pardon Peltier had failed, including efforts by the former president Bill Clinton after they were protested by FBI agents. The former FBI agent Coleen Rowley has said that the federal agency has a “vendetta” against Peltier.
After the order was released, Nick Tilsen, founder of the NDN Collective, an Indigenous-led civil rights group, said: “Leonard Peltier’s freedom today is the result of 50 years of intergenerational resistance, organizing, and advocacy.”
Tilsen added: “Leonard Peltier’s liberation is our liberation – we will honor him by bringing him back to his homelands to live out the rest of his days surrounded by loved ones, healing, and reconnecting with his land and culture.”
