Showing posts with label A.I.M.. Show all posts
Showing posts with label A.I.M.. Show all posts

Thursday, June 16, 2016

PELTIER: CLEMENCY APPLICATION PART 3; LIES AND FABRICATIONS


Dear Supporters:

Apart from being a remorseless convicted murderer, over the years Peltier has said and done many pretty outrageous things. But aside from some of his incredibly self-incriminating public admissions and statements, fabrications and outright lies, releasing or allowing his attorneys (Garbus, Dunne and Nadler) to release his Clemency Petition was not a smart move. If they thought it would be of any benefit, they are sadly mistaken. The Petition is replete with falsehoods that collapse under even casual scrutiny. Like this old canard about “paramilitary operations.”

On page 19 of the Petition and in footnote 15, Peltier states:

On April 24, 1975 the FBI began preparing to conduct “paramilitary operations” on the Pine Ridge Reservation particularly against the AIM.” The footnote stated: See April 24, 1975 Memorandum, Gebhardt to O’Connell. “the use of Special Agents of the FBI in Paramilitary Law enforcement Operation in Indian Country

This was the allegedly infamous “Sanctioned Memo” that was addressed in detail by the NPPA in 2006 in an Editorial Essay debunking claims by another AIM thug and lowlife, the now deceased Bob Robideau.[i] Peltier also made this ridiculous claim in his ninth-grade reading level autobiography, Prison Writings.[ii]

There’s no surprise that Peltier and previous attorneys, and Robideau, would only see want they want to see in the memo, but it is surprising that Messrs. Garbus didn’t take the time to vet Peltier’s bogus claims about the meaning and significance of this very straight-forward memorandum. So much for thorough research and pitifully weak advocacy.[iii]


It would be too kind to say that Robideau at the time, was just honestly mistaken regarding his characterization of the purpose of this memorandum because he had alleged this before, as had the LPDC and Peltier. This has become one of the cornerstones of Peltier folklore. Peltier, and now his misguided attorneys, deliberately misrepresent the purpose and meaning of this memo in their pathetic cries for clemency. However, any reasonable person (current legal scream team notwithstanding) who takes the time to read and comprehend the memo would easily understand that Peltier is wrong (kind assumption) or deliberately lying (a reality) about this fatally flawed claim.

The purpose of the April 24, 1975 internal FBI memo,[iv]  "The use of Special Agents of the FBI in a paramilitary law enforcement operation in the Indian Country," is stated in the very first sentence;

“…to brief the Attorney General…on the role of the FBI in the event of a major confrontation in Indian Country…"

The memo clearly states the problems the FBI encountered while coordinating the American Indian Movement (AIM) siege of Wounded Knee in February 1973 by still attempting to establish a clearly defined chain of command structure and decision making process. The memo shows that no less than a dozen agencies: Department of Justice attorneys, United States Attorney, White House officials, Department of the Interior, FBI, Bureau of Indian Affairs, U.S. Marshal's Service, Public Information Officers, Community Relations Service, Department of Defense, U.S. Army, Tribal Police, in addition to church and social groups and the media, all contributed to a situation that FBI officials regarded as detrimental to resolving what was first and foremost a hostage situation. 

Conflicting directives emanated from a lack of continuity, divided authority, and an indefinite command structure that fostered confusion during the seventy-one day siege. The FBI wanted, but did not secure: the operational direction and leadership role it desired, to remove any political influence and considerations from what was essentially a tactical law-enforcement operation.

This position paper was reviewed by a number of FBI officials as evident by the eight (8) sets of initials at the end of the memo. In addition, a handwritten notation at the bottom of the cover page, and a date of August 11, 1975, clearly shows that there were still questions about control and accountability even after the murders of Special Agents Jack Coler and Ron Williams in June, 1975.

Can Peltier and The Three…Stooattorneys, grasp that distinction? Evidentially not. Or more likely, they just ignorantly evade it in the hopes that everyone one else does also. (The USDOJ Pardon Attorney, the Attorney General and the President certainly won’t.)

Without restating the entire memo (which concerned readers are encouraged to read for themselves), some of the more relevant points follow:
Problems confronting the FBI:

           -Throughout the operation there was a definite lack of continuity as each senior representative replaced another.

           -There was divided authority among the many agencies present at Wounded Knee…

           -The senior Government representative, Departmental Attorneys, and members of the USA's staff issued conflicting instructions.

          -The FBI was not equipped logistically to operate in a paramilitary situation in open terrain which ultimately ended in a 71-day siege.

          -In essence…complete confusion existed as there were a number of DOJ (Department of Justice) representatives on the scene, each issuing conflicting orders.

          -There was no coordination between the agencies other than that provided by the FBI, nor was there any advanced planning done.

           -(DOJ officials) would fly back to Washington, D.C., presumably for conferences and would return with new policy of which FBIHQ (FBI Headquarters) was not aware.

          -SAC Held (FBI Special Agent in Charge) at the time advised FBIHQ to have any success at Wounded Knee it would be necessary to withdraw the "political types" and make it an FBI operation under FBI direction and leadership.

          -…there was a constant vacillation of instructions and policy which was devastating.

           -It was necessary to constantly explain matters and give advice from a law enforcement standpoint.

          -It should be clearly stated that the FBI does not desire to become involved in any political situations and definitely not participate in any discussion where it is obviously political in nature.

And,
          -All SAC’s recommended should we in the future become involved in another situation similar to Wounded Knee where Special Agent personnel are deployed that the entire operation be under the direction of FBI officials and when law enforcement personnel from other agencies are involved it should be clearly understood the FBI is in the decision making role.

          -(The Attorney General should)…fully understand if such an incident occurs in the future or an incident similar to Wounded Knee and the FBI is involved, the FBI will insist upon taking charge from the outset…

                                                    * * *

If Peltier’s present clemency attorneys took the time to thoroughly read and understand this memo they would not be able to claim it was somehow a mandate for the government to sanction anything in Indian Country. Quite the contrary, this memo means exactly what it states; the folklore fabrications notwithstanding.
So who is Peltier and his lawyers trying to fool anyway? Peltier supporters? Perhaps, and this is easily done. People who took the effort to properly read and understand what is a very straight-forward government position paper? Not hardly.
Garbus, Dunne, Nadler, Et. Al, thank you again for making Peltier’s clemency application public. It was really a dumb move.

We’ll end with a familiar refrain:

Dear President Obama:

It’s unlikely, but if Leonard Peltier’s clemency application should ever reach your desk, please weigh it in regard to just two of Peltier’s many public statements concerning the unprovoked attack and brutal murders of two federal agents, “And really, if necessary, I’d do it all over again because it was the right thing to do” (2010), and, “I don’t regret any of this for a minute” (2014). Peltier remains a remorseless and unrepentant murderer.

“In the Spirit of Coler and Williams”
Ed Woods


[i] http://www.noparolepeltier.com/debate.html#critic The reason why Robideau abandoned Peltier can be found on the Rezinate Blog. 
[ii] Leonard Peltier, Prison Writings (New York: St. Martin’s Press, 1999) 129
[iii] There may be positions open at the law firm of Boring and Leach, 118 NW. 4th St., Guymon, OK 73942
[iv] http://www.noparolepeltier.com/letters.html It should be noted that the hand-written underlining in this copy of the memo (provided for reference and educational purposes under the "fair use doctrine" from the original LPDC website), were made previously by someone in the LPDC. Concerned researchers are invited to compare those identified sections to the ones enumerated in the editorial essay, and then determine of the two which is the honest evaluation of the purpose and intent of this FBI memorandum.

Saturday, December 15, 2012

PELTIER: KUZMA Part II and CLEMENCY



Dear Supporters:

In the same blog-talk-radio interview on 11/3/12, Peltier attorney, Michael Kuzma had this to say about Peltier’s chances for clemency. (Footnote 1)

“Well if you read some of the recent articles, in fact there was, there were a couple of articles published within the past couple of weeks which indicated that President Obama has been the stingiest President since Reagan with respect to the granting of pardons and commutation of sentences, he’s actually been worse than Bush Two. Obama has been a disappointment in so many different ways. I know, David Geffen from Dreamworks was a big supporter of President Clinton and actually decided to back President Obama over Hillary Clinton because Bill Clinton didn’t commute Leonard’s sentence, you know, in spite of that support from Geffen and some of the Hollywood types. President Obama has made, you know, no indication that he’s gong to commute Leonard’s sentence any time soon.”

Peltier knows the only way he’s walking out of Coleman-1 is with a commutation of his sentence.

Based on his 2009 Lewisburg parole hearing his next hearing won’t be until July, 2024, at the age of 80, and a projected release date still many more years after that. Face it, parole is off the table.

In Kuzma’s interview he adds another insult to the President like Peltier did previously. Kuzma’s “Obama has been a disappointment in so many different ways,” was discourteous and inappropriate when they’re supposed to recognize that the President is the only one they need to convince. But, Peltier did the same thing; in another public interview when President Clinton didn’t cut him lose he said, “These politicians are such sleazebags that you just don’t know.” That was in 2000. Guess some people, or their attorneys it seems, just can’t grasp the concept of not insulting the people you most need to win over. But that’s been a brand mark of the entire Peltier campaign for decades. (Fn. 2)

As for President Clinton not granting clemency, we’ll have to leave it at this: There were several who came out publically and claimed credit for convincing President Clinton not to free Peltier (and as it turns out he was on the short list…even with some staffers at the White house Christmas party that year actually wearing “Free Peltier” buttons). But for those claiming credit it was just wishful thinking. Fact is that only three people know exactly why Peltier wasn’t released, President Clinton and two others. And the reason came down to a basic understanding that President Clinton recognized Peltier’s crimes were significant and freeing him would accomplish nothing.

The Statistics:

President Obama has pardoned twenty-two and commuted one sentence, while denying approximately one thousand others. It has been reported that President Obama takes his exclusive Constitutional authority very seriously and was troubled (as were many others, both in Washington and elsewhere) by President Clinton’s pardon of fugitive investor Marc Rich. (Fn. 3)

Of those pardoned, all had served their sentences, thirteen received sentences of only probation, and of the others who were incarcerated, averaged sentences of only 2.8 years. The shortest sentence was 30-days, and the longest, nine years, for relatively minor charges ranging from drug offenses to a liquor law violation and mutilation of coins. There were no terrorists, rapist or murderers on the President’s list. (F. 4)

The recipient of the commutation, a female, had served 10 of a 22-year sentence for selling crack cocaine, which was challenged by her attorneys based on a disparity of sentencing guidelines. She was also undergoing chemotherapy treatment for cancer. (Fn. 5)

However, if you recall, Mafia boss, John Gotti, sentenced to life in prison for murder and racketeering, died in prison from cancer. (Fn.6)

So the statistics do not bode well for any realistic chance Peltier would be considered for release and there are a number of factors the President would certainly consider in the process. And, of course, he has many more pressing concerns about the country at the moment.

More to follow….

“In the Spirit of Coler and Williams”
Ed Woods

Footnotes: