Showing posts with label Pardon Attorney. Show all posts
Showing posts with label Pardon Attorney. Show all posts

Thursday, January 20, 2022

PELTIER: PRESIDENT BIDEN: JAMES REYNOLDS Part 4

Edward Woods


January 20, 2022

 

President Joe Biden

The White House

1600 Pennsylvania Ave.

Washington, D.C. 20500

 

Hon. Merrick Garland, U.S. Attorney General

Hon. Rosalind Sargent-Burns, U.S. Pardon Attorney             

 

Leonard Peltier 

Federal Inmate #89637-132

Clemency Denial Request


James H. Reynolds

Former U.S. Attorney

            

 

Re: Leonard Peltier

 

Dear President Biden, Hon. Garland, Hon. Sargent-Burns:

 

As I have previously requested, I would continue to urge that should Leonard Peltier’s clemency petition reach your desk, that he not be considered for a commuted sentence. 

 

Any consideration should be the result of a thorough review of his conviction and the nearly three decades of multiple appeals that have clearly established Leonard Peltier’s guilt. Each and every claim of a wrongful conviction, both arguably legitimate and seemingly frivolous, have been addressed in great detail by the appellate courts. One of many appellate court findings concluded, “Previous federal court decisions provided the (parole) Commission with ample facts to support its conviction that Peltier personally shot Agents Coler and Williams.” “Neither the conviction nor any of the subsequent court decisions have been overturned.” 

(10th Circuit Court of Appeals, 11/4/2003)

 

The unprovoked attack on FBI Agents Coler and Williams resulted in them both being wounded, Jack Coler nearly fatally, and Ron Williams, wounded three times, removing his shirt and waving it as a flag of surrender (that was ignored) and then using it on Agent Coler’s severely injured arm. Jack Coler was likely unconscious but Ron Williams was not. He faced his killer as the barrel of Peltier’s AR-15 was placed against an upraised hand, blowing Agent Williams’s fingers through the back of his head. Agent Coler was then shot twice. Both Agents, with destroyed faces, were manhandled and rolled over to face the ground as their weapons were stolen by Peltier and others.* A horrible scene and terrible death in the line of duty.

 

These will provide just a hint of what Agents’ Coler and Williams faced that fateful day before they were murdered:



      


            

Peltier, through a number of public statements, remains unrepentant, including his 1999 ‘apology’ to his victims’ families that amounted to no more than further insult and ended with, “I cannot see how my being here, torn from my own grandchildren, can possibly mend your loss. I swear to you, I am guilty only of being an Indian. That’s why I’m here. Being who I am, being who you are—that’s Aboriginal sin.” (Multiple court findings tell an entirely different story.) 

 

Following the clemency process, I am certain FBI Director Wray will provide additional details.

 

There is no doubt that Native Americans were horribly treated, but releasing Peltier will never correct the wrongs of the past. His crimes that June day on Pine Ridge were, and remain, an entirely criminal act for which he was rightfully convicted and sentenced.  Leonard Peltier would be the last person to atone for those historical wrongs and should be shown the same degree of mercy he gave to Agents’ Coler and Williams; and that would be none.   

 

Re: James H. Reynolds

 

It may be somewhat irregular to openly criticize a former U.S. Attorney, however, the statements Mr. Reynolds has made in writing, during an interview, and the authority he has allegedly assumed in the Peltier matter, can neither be ignored nor sustained under scrutiny. 

 

Within Peltier’s clemency petition file there should be two letters, one undated but addressed to former President Obama and one dated July 9, 2021, both setting forth reasons considering clemency for Leonard Peltier. (The letters are attached for reference.)

 

Mr. Reynold’s earlier letter claimed, as the U.S. Attorney for South Dakota, that he retained as Assistant U.S. Attorney, Evan Hultman, who preceded him as U.S. Attorney and who had handled the prosecution of Leonard Peltier, and “I directed Hultman’s handling of the appeal of Leonard Peltier after my appoint (sic).” 

 

(Assistant U.S. Attorney, Lynn E. Crooks, was intimately involved with the prosecution and appeals of Leonard Peltier.)

 

Statement of Lynn E. Crooks, retired Assistant United States Attorney, North Dakota:

 

This claim is a gross misstatement of the record. The trial record being in Fargo, ND it was only logical that I be given primary responsibility for assigning and coordinating research projects with other members of the trial team and then preparing the first drafts of the Government’s responses to the murderer’s arguments. In doing so I had numerous conversations with Mr. Hultman and all other members of the trial team, as well as my own United States Attorney. Other than small stylish changes there were no substantial changes that I can recall being made to the agreed upon drafts which were prepared in this fashion. I had no conversations of any kind with Mr. Reynolds. To the best of my knowledge, he contributed nothing what-so-ever to what went into the final brief on Direct Appeal or into any of the subsequent government briefs resisting Peltier’s numerous attempts to obtain Post Conviction Relief.” (Emphasis added)

 

In Mr. Reynolds 2021 letter he states:

 

Finally, on appealwe pursued the theory that Mr. Peltier was an “accomplice” under an aiding and abetting theory…”

 

Mr. Reynolds offers a factually erroneous statement, an incongruous and untimely ‘theory’ regarding Peltier’s charge of aiding and abetting: On November 17, 1975 Peltier was indicted for two counts of first-degree murder and aiding and abetting.  On November 25, 1975 at Rapid City, South Dakota, warrants were issued charging Peltier with murder – first degree, killing two Federal officers while in the performance of their duties and aiding and abetting (Title 18. U.S. Code, Sections 1111, 1114 and 2).  (Peltier trial; March-April 1977, Fargo, North Dakota)

 

Further, the Peltier trial transcript {4974} – {5164}, (clearly before the appellate process began), unmistakably indicates that there was considerable discussion between the defense and prosecution with USDCJ Benson regarding jury instructions on the aiding and abetting charge, as well as being included in the government’s closing argument.

 

For someone who claimed the authority that he (inappropriately using ‘we’) directed the appeals, how can he so blatantly distort the significance of the aiding and abetting issue? Mr. Reynolds’ claims are clear enough, however, his motivations to misstate the record are troubling and flawed.

 

Mr. Reynolds further states that “We were not able to prove that Mr. Peltier personally committed any offense on the Pine Ridge Reservation.”

 

For Mr. Reynolds to err in arriving at such an inexplicable conclusion would indicate that he either has never read, or nonetheless understood the multiple appeals that supported the government’s position that Peltier personally and cold-bloodedly murdered two already wounded FBI Agents, or, that Mr. Reynolds does understand the actual record and perhaps hopes his statements will be taken at face value as a former U.S. Attorney, and not further examined or validated. 

 

Mr. Reynolds missed or ignored any number of multiple definitive court findings that included:

 

The direct and circumstantial evidence of Peltier’s guilt was strong…” “…Peltier’s contention of manufactured evidence are far from convincing.” 

(Direct Appeal, 8th Circuit, 9/14/78)

 

When all is said and done, however, a few simple but very important facts remain. The casing introduced into evidence had in fact been extracted from the Wichita AR-15. That point was not disputed; although the defense had its own ballistics expert, it offered no contrary evidence.” 

(8th Circuit, 9/11/86: Peltier’s AR-15 was recovered in Wichita, Kansas.)

 

Mr. President, Honorable Garland and Sargent-Burns, before Mr. Reynolds claims are considered regarding Peltier’s clemency petition, a thorough vetting of his alleged claims would certainly be in order.** 

 

As for Leonard Peltier, he remains an unrepentant murderer, and although he has spent many years in prison and has some underlying health issues due to age, Agent Jack Coler and Ron Williams, both twenty-eight when they were murdered, were robbed of their opportunity to grow old with their families rather than being left in a muddy field with their faces destroyed. 

 

Respectfully,

 

Edw. Woods

Edward Woods

justice@noparolepeltier.com

 

*During Peltier’s escape to Canada, he and other AIM members were stopped in Oregon. Under the seat where Peltier sat was found a paper bag that contained Agent Coler’s service revolver. On the bag was Leonard Peltier’s thumbprint.  


Also, contrary to Peltier’s several fabricated statements of how the shooting started, there is no dispute that there was an eyewitness to exactly how the unprovoked attack on the Agents began. Agent Williams was overheard on the FBI radio describing exactly what was about to happen.

 

**Not included above is an interview Mr. Reynolds gave to the NY Daily News that was wholly inappropriate and unprofessional, 

https://www.nydailynews.com/news/national/ex-u-s-attorney-backs-leonard-peltier-bid-clemency-article-1.2933475 

(last accessed 1/4/22).

 

Encls. 

Two Reynold’s letters

Brief facts of June 26, 1975

 

cc:

1-U.S. Attorney General, Merrick Garland

1-U.S. Pardon Attorney, Rosalind Sargent-Burns

1-Federal Bureau of Investigation, Director Christopher Wray

1-Hon. Louis J. Freeh

Sunday, March 14, 2021

PELTIER: DEAR PRESIDENT BIDEN #2

Edward Woods

March 10, 2021

 

President Joe Biden

The White House

1600 Pennsylvania Avenue NW

Washington, D.C. 20500

 

Re: Leonard Peltier

Federal Inmate #89637-132

Clemency Denial; Supplemental Facts

 

Dear President Biden:

 

I can appreciate that you are very busy managing our nation’s challenges, however, I wanted to follow up on my letter of January 20 (copy attached) to ensure that unlike the prior Obama/Biden administration that your office is fully informed of the facts surrounding the cold-blooded murder of FBI Agents Jack Coler and Ronald Williams by Leonard Peltier.

 

It is important to note that should Peltier’s latest clemency petition also include a cover letter, that both documents are scrutinized to separate falsehood and misinformation from the facts and Peltier’s lengthy appellate history. It is also significant to provide an example of Peltier’s lack of respect for the legal process and the Presidency. When President Clinton denied Peltier’s clemency petition, Peltier publicly responded with, 

These politicians are such sleazebags that you just don’t know.” [i]

 

The purpose of this letter is to explain the brutality of Peltier’s crimes and his conflicting statements concerning the events of June 26, 1975 at Pine Ridge, SD, which, when applying for clemency he will shamelessly misrepresent to the Pardon Attorney and to your office. For example, he has stated:

 

“I seen Joe when he pulled it out of the trunk and I looked at him when he put it on and gave me a smile.” (A direct quote from Leonard Peltier to author Peter Matthiessen; In the Spirit of Crazy Horse, p. 552) 

 

There is absolutely no false impression concerning the significant context of Peltier’s description placing him directly at the murder scene. Joe Stuntz, one of those who participated in the carnage and engaged in the initial attack on the agents, stole an FBI jacket from the trunk of Agent Coler’s vehicle, put it on, and gave Peltier a smile.  Picture the scene at that moment; where they stood were two dead and mutilated human beings.

 

As painful as it is to repeat, please remember that Agent Coler was shot in the head by Peltier with his AR-15 rifle at point-blank range, while the second bullet tore away his jaw. Agent Williams had begged for his life, and with defensive wounds, his fingers were blown through the back of his head.

 

Agents Coler and Williams were shot at point blank range in the face, yet when their bodies were later discovered they were both lying face down in the dirt. Obviously, among those involved with Peltier, the dead bodies had been manhandled.

 

One hundred and fourteen (114) shell casings were matched to Peltier’s AR-15 (later recovered in Wichita, Kansas and referred to as the ‘Wichita AR-15’) to a shell casing recovered from the trunk of Agent Coler’s vehicle. This would account for some of the 125 bullet holes in the Agents’ vehicles fired at them by Peltier and others during the initial unprovokedattack.[ii]

 

Regarding Peltier’s AR-15, the Eighth Circuit Court of Appeals, September 11, 1986 stated: 

 

“When all is said and done, however, a few but very important facts remain. The casing introduced into evidence had in fact been extracted from the Wichita AR-15. This point was not disputed; although the defense had its own ballistics expert, it offered no contrary evidence.”

 

This Eighth Circuit decision also cited the government’s review of the trial record:

That the witnesses unanimously testified that there was only one AR-15 in the compound prior to the murders, that this weapon was used exclusively by Leonard Peltier and was carried out by him after the murders.

 

Extradition issue: As Peltier has repeatedly and falsely claimed—and should there be any reference in his latest clemency petition or cover letter asserting that his extradition from Canada was unlawful—this is simply not true. The Canadian government had long resolved this issue: 

 

As I indicated above, I have concluded that Mr. Peltier was lawfully extradited to the United States. In my opinion, given the test for committal for extradition referred to above, the circumstantial evidence presented at the extradition hearing, taken alone, constituted sufficient evidence to justify Mr. Peltier’s committal on the two murder charges.” (Canadian Minister of Justice letter to U.S. Attorney General Janet Reno, October 12, 1999[iii]

 

Peltier has made many public statements that imply a consciousness of guilt and lack of remorse for his victims and criminal actions:

 

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).”

 

It has been challenged by Peltier supporters that these public statements were taken out of context: They have not. In each instance Peltier directly relates his pronouncements to the events of June 26, 1975 and makes neither exceptions nor exclusions for these admissions. While Peltier may envision these public statements in the broader framework of Native American issues, nevertheless, any claims regarding a lack of context fails. 

 

In an unrelated appeal in 2003 (concerning parole records), the 10thCircuit Court of Appeals offered this regarding their review of Peltier’s conviction and appeals:

 

Previous federal court decisions provided the (Parole) commission with ample facts to support its conviction that Peltier personally shot Agents Coler and Williams.” 


And the Commission’s choice of the word ‘execution’ in describing the murders is quite apt.” Further, “While Mr. Peltier, asserts ‘the (Parole) commission identified no plausible evidence that [he] shot the agents after they were incapacitated,’ this statement is simply not true.”

 

In a prior clemency petition on February 17, 2016, Peltier made what amounted to yet another public admission of consciousness of guilt.

 

 “I did not wake up on that June 26 planning to injure or shoot federal agents, and did not gain anything from participating in the incident.” 

 

Peltier, once again, as a matter of public record, and in this instance to President Obama, placed himself directly at the scene of a heinous and vicious double murder. While he was perhaps not planning to kill anyone, and certainly did not gain anything other than life sentences, he clearly admitted to participatingin a criminal act for which he was indicted, convicted and sentenced for murder and aiding and abetting.As the appellate record clearly demonstrates, a jury and nearly two-dozen appeals firmly established his guilt beyond a reasonable doubt and never altered his conviction or sentence. 

 

Mr. President, as I previously stated the facts, Agents’ Coler and Williams were not just murdered; they were summarily executed.

 

It is essential to have a complete understanding of the discredited and repeatedly erroneous fabricated myth, folklore and misinformation that Peltier has created in an attempt to shroud and deny the absolute atrocity of his cold-blooded actions.

 

I would again respectfully urge a thorough review of the Peltier matter and to deny his undeserved request for commutation. Thank you for your time and attention in this most important matter.

 

Sincerely,

 

 Edw. Woods

 

Edward Woods

justice@noparolepeltier.com

 

cc:

1-Hon. Rosalind Sargent-Burns, U.S. Pardon Attorney, 145 N St. NE, #5e, Washington, D.C. 20530

1-Hon. Merrick Garland, U.S. Attorney General, USDOJ, 950 Pennsylvania Avenue NW, Washington, D.C., 20530-0001

1-Director Christopher Wray, Federal Bureau of Investigation, 935 Pennsylvania Avenue NW, Washington, D.C. 20535

1-Hon. Patricia K. Cushwa, U.S. Parole Commission, 90 K St. NE #300 Washington, D.C, 20002

1-Hon. Nicholas Chase, U.S. Attorney, District of North Dakota, 655 First Avenue North, Suite 250, Fargo, ND, 58102-4932

1-Hon. Dennis R. Holmes, Jr., U.S. Attorney, District of South Dakota, P.O. Box 2638, Sioux Falls, SD 57101-2638

1-Senator Brian Schnatz Chairman, Committee on Indian Affairs, 838 Hart Senate Office Bldg., Washington, D.C. 20510

1-Congressman Brad Wenstrup, 7954 Beechmont Avenue, Cincinnati, Ohio, 45255

1-Hon. Louis J. Freeh, 3711 Kennett Pike, Ste. 130, Wilmington, DE 19807-2156

1-Brian O’hare, President, Federal Bureau of Investigation Agents Association, PO Box 320215, Alexandria, VA 22320

1-Eileen Roemer, President, Society of Former Special Agents of the FBI, 3717 Fettler Park Dr., Dumfries, VA 22025




[i] Boulder Weekly, March 9, 2000; Peltier interview with five reference to President Clinton.

[ii] http://www.noparolepeltier.com/609.html Following an October 1-3, 1984 evidentiary (ballistics) hearing.

[iii] http://www.noparolepeltier.com/canadaletter.html Canadian review regarding Peltier’s lawful extradition

Saturday, May 21, 2016

PELTIER: CLEMENCY APPLICATION - THANK YOU; PART 1

Dear Supporters:

Sometimes Peltier just makes it too easy.

Peltier’s attorneys, Martin Garbus, Cynthia Dunne and Carl Nadler may arguably be decent attorneys but would make terrible poker players.[i] In this high stakes gamble for Peltier’s continued incarceration vs. freedom they gave up their hole cards before the game is over. Not a smart move at all.

Perhaps Marty felt he would gain some public support or sympathy by doing an interview with Mother Jones where he makes erroneous allegations based on the myth and folklore we have heard countless times before, but then publically offers the letter to President Obama along with the forty-four page application for clemency.[ii] Marty though, may just be blinded by his own misplaced passion.

The NPPA has previously offered that it would be extremely beneficial to know exactly the approach Peltier has taken in this last ditch effort for clemency and freedom.[iii] This should have been a well kept secret between Peltier, his attorneys, and the President. But thankfully the legal scream team (and maybe one other from the Left Coast) didn’t think this one through very well. Now, publically, and responding to the President, they have provided the opportunity to dispel the mythology and distortions, point-by-point, with the facts.

Rest assured that many follow-up letters will also be sent to the USDOJ Pardon Attorney, Attorney General Lynch and President Obama. So, thank you for that.

(This will be a multi-part blog dismantling the letter to the President and clemency application. References will be to the page numbers of each document.)

“Mr. Peltier has repeatedly expressed remorse, regret and sadness that the events of June 26, 1975 led to the deaths of young men engaged in their official duties. He is particularly sad that the events of that day led to continuing pain for the families of Agents Coler and Williams.” (Letter p.1)

Absolute nonsense. The closest Peltier ever came to barely even a hint of remorse was in his jailhouse book, Prison Writings where he said “To the still-grieving Coler and Williams families I send my prayers if you will have them. I hope you will. They are prayers of an entire people…if I could have possibly prevented what happened that day…I certainly did not pull the trigger that did it. May the Creator strike me dead this moment if I lie…I am guilty only of being an Indian. That’s why I’m here.”[iv]  (The lies, like one of the big ones, Mr. X, will be addressed later and Peltier should be careful about his wishes.)

Marty, the President will see through this when Peltier publicly states as late as 2010, “And really, if necessary, I’d do it all over again because it was the right thing to do,” and even more recently in 2014, “I don’t regret any of this for a minute.” And so this is not taken out of context, in each instance Peltier was referring to that day at Jumping Bull.

Remorse, regret, sadness? Absolutely, that he got caught and spent the remainder of his life behind bars. Remorse? Not even close, but remaining an unrepentant murderer Peltier will say anything at this point. It’s far too late in the game for that. Notice too that there has never been an apology of any sort attached to these crocodile-tear pleadings. However, even if Peltier mouthed the words, it would not be acceptable.

“…had killed 50 members of the Lakota Tribe.” (Letter p.1)

This figure has changed many times over the years, reaching at one point 70, now down to 50, but it’s a sure bet that Marty, Cindy, or Carl never looked at the list.

A review of the list paints an entirely different picture than the one offered by Peltier and now his attorneys. Readers are encouraged to review the list and come to their own conclusions about deaths on Pine Ridge during the 1973-75 period.[v] (Missing from this early Editorial Essay are the convictions for the AIM directed murder of Anna Mae Aquash. You know, the one who Peltier stuck a gun in her mouth.)

Peltier, early on, evokes the name of Eighth Circuit Court of Appeals Judge Gerald Heaney (much will be referenced to Judge Heaney in later blogs), and points out accurately that he “presided on two appellate panels that considered Mr. Peltier’s appeals at different stages (and authored one of the decisions),” and quotes a letter later written by Judge Heaney calling for “a healing process.” (Letter p.2)

Again, much will be quoted from Judge Heaney, but let the record be clear from the beginning that Judge Heaney ruled against Peltier at every juncture based on the facts and the law. No misunderstanding, no nuance, no technicalities. Of critical importance here is that Judge Heaney never said or implied that Peltier was innocent.[vi]

Quite the contrary, Judge Heaney’s letter invoked by Peltier ignores the Judge’s critical conclusions; “No new evidence has been called to my attention which would cause me to change the conclusion reached in that case.” And, as a mitigating factor that others may have been involved in the shooting of the FBI Agents that “…this fact is not a legal justification for Peltier’s actions.”

And, during a televised “60-Minutes” segment when asked if Peltier received a fail trial, Judge Heaney replied, “I believe he got a fair trial. Not a perfect trial, but a fair trial.”[vii]

            This is just the beginning and barely scratching the surface of a letter and application from Peltier and his attorneys that cannot withstand critical scrutiny.

            This starts with Peltier’s first lie (Application p.3), “I will not re-argue my case,” which is precisely what he then proceeds to do with more of the same that we’ve seen from the beginning, redirecting attention away from the facts and what really happened on June 26, 1975 while attempting to portray himself as a martyr and in some perverse way trying to convince the President that granting him clemency would result in some manner of reconciliation. Peltier continues to work the system when the reality is that Native America has long recognized that Peltier’s actions and those of AIM during the late 60s and 70s did nothing for the betterment of Native American culture.

But, Marty, thanks for the mistake of releasing these documents and providing the opportunity to respond in-kind to the President. Much appreciated. We could not have gotten it any other way.

“In the Spirit of Coler and Williams”
Ed Woods

P.S.
This was just too easy not to make a quick add-on. Low hanging fruit as it were and one has to wonder what the attorneys were thinking (or not) to end their letter with “…that after serving forty years in maximum security prisons (and approximately five years in solitary confinement)…” (Letter p.4)

It doesn’t take a genius, or a band of learned counselors to understand that one convicted of a double homicide and involved in an armed prison escape would serve his sentence(s) in a maximum security facility. But here’s the rub that the Pardon Attorney, Attorney General and the President already know, or if not, Peltier’s lawyers just told them, that Peltier was not a model inmate. Having served “approximately five years” in solitary confinement pretty much tells everyone that Peltier was a problem on either side of prison walls. One of the many prison disciplinary incidents was likely the reason why he ended up down south in USP Coleman.[viii]



[i] The exception being Cynthia Dunne who has already proven she is borderline incompetent and clueless when it comes to the Peltier matter. http://wwwnoparolepeltiercom-justice.blogspot.com/2015/10/peltier-national-lawyers-guild-really.html 
[ii] http://www.motherjones.com/politics/2016/05/leonard-peltier-clemency-obama-aim-wounded-knee (Last accessed 5/20/16) Commenting on the reporting by AJ Vicens is irrelevant and inconsequential because it simply regurgitates erroneous claims by Garbus without any effort to balance the article with some documentable facts. It is simply a Peltier puff-piece. An offer made to Mother Jones for a rebuttal went unanswered. Apparently they are not interested in the facts or balanced reporting.  No surprise there.[iii] http://wwwnoparolepeltiercom-justice.blogspot.com/2016/04/peltier-another-felony.html (“We would offer, challenge actually, to be able to review that application factually, which would doubtless reduce it to a pile of worthless paper.”)
[iv] Leonard Peltier, Prison Writings (New York: St. Martin’s Press, 1999) 15

Saturday, April 30, 2016

PELTIER: ANOTHER FELONY?

To all: Peltier Supporters and Detractors[i]

Re: A shill, PayPal, Celebrity Money and Lawyers.

Everyone is encouraged to carefully review Peltier’s April 9th  “For Freedom’s Sake,” press release where Peltier and the International Leonard Peltier Defense Committee (ILPDC), in a desperate last ditch bid for clemency, makes public admissions that not only validate Peltier’s infamous history but once again places him in violation of the law.[ii]

Peltier’s statements to send him more money, for so-called political action, and once again violating IRS regulations and laws shows how distressed and fractured Peltier and the ILPDC have become as they face the hopeless and final chapter of this pathetic saga.

It is important to note that the press release was sent by Co-Directors,
PETER CLARK and KARI ANN BOUSHEE. [iii]

Money Laundering 101; Peltier style:

Kudos to Peltier because this is the first time he actually identifies some of the donations he’s been scamming from the unsuspecting for decades.[iv] $3,000 for card handouts, $5,000 for postcards, an unidentified amount for “other strategies” and still owing $30K for attorney’s fees along with a claim of their overhead of 8%, “the lowest it’s been for a long while.”

Notice the artfully crafted words, lowest…long while, because the truth is that Peltier has not proven to anyone that the overhead may have been up to 100% or where and to whom those funds have really gone over the years. It remains Peltier’s dirty little secret.

And are we making this up? Not at all.

In 2003 one Committee leader called for “Transparency regarding accounting and decisions will be posted on the web.” Of course, that never happened and as we’ve seen over the years those many Committee members who have become disenfranchised with Peltier’s petty personality and bullying and who speak out for some semblance of honesty are shunned and cast aside.[v]

But to bring the issue into focus, during this same period there was an exchange posted on the Internet for all to witness Peltier’s slow-speed train wreck;

It is very troubling that she (Ms. McCarthy) is suggesting that Leonard himself is directing a Non Profit organization while still incarcerated. This is potentially a legal problem for Leonard and the LPDC.” [vi]

Yes, excellent observations, legal problems for Peltier and the Committee, and it continues. Peltier, still up to the same dirty tricks.

Have any Peltierites ever wondered why for many years Peltier claimed donations were “tax deductable” and then all of a sudden that was dropped from the Peltier lexicon. Why? Because, they weren’t tax-deductible and letters of complaint to the IRS put an end to it, at least for a while. Was it that the IRS did have a legal issue with Peltier’s fund-raising methods? If they did Peltier never admitted this to all those who believed they were providing legitimate tax-deductible donations.

More history:  Peltier had solicited, while claiming tax-deductible donations, that their 501(c)3 was “pending.” Well, if it was “pending,” he didn’t have it to claim. But then went on to advertise that tax-deductible checks be sent to “Global Exchange” claiming that this organization was their “501(c)3 sponsor.” There was no such legal entity (a sponsor) and apparently the IRS had issues with that (to what extent is not known, fines perhaps?), but the tax-deductible claims went away, for a while at least.

Approaching 2013 Peltier tried another failed ploy through Wind Chases the Sun, Inc., DePere, Wisconsin, run by Dorothy Ninham. That too died perhaps due to IRS involvement in the donations-dodge scheme. [vii]

And here we are again, 2016, slithering into the final stretch, begging for clemency and money while publically advertising and lying to everyone, including the President of the United States (whose sympathies he frantically seeks), the Attorney General and USDOJ Pardon Attorney, that funds can now be sent to Peltier:

Donate online at http://www.whoisleonardpeltier.info/home/donate/ or send your check or money order made payable to the ILPDC to our receiving and distribution office: P.O. Box 24, Hillsboro, OR 97123. The ILPDC headquarters and program office is located in Albuquerque, NM, where our finances are managed by the Indigenous Rights Center, a 501(c)(3) organization and fiscal sponsor. Your donation may be tax-deductible to the extent allowed by law. (Emphasis added)

Tactics sound familiar, and maybe even legitimate, or just dubious and convoluted?

The smoking gun…

--Should it come as any surprise that Indigenous Rights Center corporate filings lists as Directors; Delaney Bruce (long time Peltier supporter), Peter Clark and Karri A. Boushee (Co-Directors of the ILPDC, mentioned above) and Chauncey Peltier (Peltier’s son)?[viii]

--It’s important to note that the heading of the Press Release clearly lists the International Leonard Peltier Defense Committee, and more critically at the bottom is the following:

©2016 ILPDC/Indigenous Rights Center LLC, 202 Harvard SE, Albuquerque, NM 87106.

So here Peltier is providing the very proof that he is again attempting to circumvent IRS laws and regulations and making it so blatantly obvious that it doesn’t take any investigation to uncover the fraudulent disguise behind this latest effort to scam funds and hide what’s really happening.

To make this exceptionally clear even to the most diehard Peltierites (including celebrities), the law is very simple and straightforward:

It remains that Peltier cannot be a 501(c)3 because it is illegal if those funds “are…for the benefit of private interests, such as the creator (Peltier) or the creator’s family (Chauncey Peltier)…” and, that “no part of the net earning of a 501(c)3 organization may inure to the benefit of any private shareholder or individual. A private shareholder or individual is a person having a personal and private interest in the activities of the organization.” [ix]

In other words, filtering money through the Indigenous Rights Center, to a convicted felon for political purposes “to influence clemency decisions” goes beyond mere suspicion or speculation that Peltier is deliberately trying to circumvent the law.

--How are donor's checks, made out to the ILPDC as Peltier requests and sent to Hillsboro, Oregon, processed, deposited or handled by the Indigenous Rights Center in Albuquerque, without violating the law?

If just one dollar ($1) is funneled through the Indigenous Rights Center for the benefit of one private individual, e.g. Leonard Peltier, for his use, benefit or advantage (“inure”) (or to that of his family), then the I.R.S. would have some serious issues with that. And if it’s more than one dollar, lets suggest into the thousands, like for attorney’s fees that could be encroaching on felony territory.

In the real world, funneling money, trying to disguise its true source and nature, through a third-party shill, is the essence of money laundering and is illegal.[x]

Updated letters of complaint will be sent to the E.O. Examinations offices of the Internal Revenue Service covering Hillsboro, Oregon and Albuquerque, New Mexico pointing out this obvious violation of the law.

PayPal:

In 2004  the NPPA was successful in having Peltier/LPDC removed from PayPal.[xi]

Peltier was violating PayPal’s Acceptable Use policy; 1(f) …financial exploitation of a crime.[xii]  

Peltier changed the Committee name and location and slipped back into the PayPal system.

Perhaps it’s time to write another letter of complaint to PayPal for Peltier’s continuing violation of their Acceptable Use Policy. (Perhaps also, some research into Son of Sam laws would be in order as well.)

Celebrity Donations:

In an obvious reference to the No Parole Peltier Association (celebrating its sixteenth anniversary on April 30th) Peltier claims:

“There’s a myth about the ILPDC being wealthy. You’ve heard the gossip and false claims of Leonard’s detractors. The Committee is not now and has never been wealthy and, contrary to what some believe, celebrity supporters don’t generally donate to the ILPDC.”

Interesting choice of words: “Myth” (used in its proper context, and a focus of the NPPA for nearly a decade and a half to “Destroying the myth and folklore surrounding Leonard Peltier”), and “generally.” “Generally” being the Peltier way to parse and shade the deeper meaning.

The NPPA never claimed Peltier or the ILPDC (or the former LPDC, LPDOC) were “wealthy,” only that there was never any accounting of exactly how much Peltier has fleeced from supporters, but more importantly where any of that money has gone. At least with this latest release we can account for $8,000 and maybe $30K owed to an attorney.

Looking back there is a detailed history of Peltier bragging about his celebrity supporters, and certainly if they buy into the Peltier Myth, they probably pay into his support as well, even if it’s in the guise of overpaying for marginally acceptable Peltier artwork (albeit that one person’s art is another’s garage sale item). Former first-daughter Chelsea Clinton has a Peltier painting and let’s never forget who Peltier bragged owned a Peltier painting or two and had actually overtly advertised his artwork for sale, Jane Fonda.[xiii]     

And then, aside from the “501(c)3 as a sponsor” front there’s the money that comes in from sources that may have never been acknowledged, or perhaps even reported to the IRS by Peltier and his Committee. Like that 2011 NYC fundraiser concert for example.

In 2007 Peltier had a “buy a stone” website fundraiser that wasn’t all that successful (about $12,000 in two years; what happened to those funds?), but on November 14, 2006 in an email to the NPPA from a European supporter, Elsie Herten, there was this startling admission;

"See, most people just bought one or two stones, because the names on the list were more important than donating money through that website "thingie". The real donations were sent to the LPDC bank account instead. For example: I donated half the donations we received. Vivienne Westwood just sent a huge donation (to the bank account)."

Real and huge donationsto the bank—just doesn’t smell right, does it? [xiv]
But it does provide evidence enabling the fundraising scam.

Even on Peltier’s home page today he brags about support from the likes of Peter Coyote, Kris Kristofferson, Bonnie Raitt, Harry Belafonte and Jackson Brown. Certainly these Hollywood fat cats wouldn’t be considered cheapskates and not also put their money where their mouths are and fork over some cash, or perhaps a lot of cash, buying paintings and such.

There’s a little more history when it comes to Peltier support, financial and otherwise.

Remember Peltier’s escape from Pine Ridge after the brutal murder of Agents’ Coler and Williams when he was pulled over in a motor home by an Oregon State Trooper? (Let’s not forget that found under the front seat where Peltier sat was a paper bag containing Agent Coler’s service revolver and on the bag, Peltier’s thumbprint: Direct evidence connecting him to the scene of the crimes at Jumping Bull.) The motor home was registered to none other than Hollywood actor Marlon Brando. Little coincidence that Peltier’s (and AIM’s) financial support has deep roots with the Hollywood crowd.[xv]

Remember the armed escape from Lompoc Penitentiary?

Would it be interesting to note that Max Gail, Hal Linden, Danny DeVito, Buffy Ste. Marie and David Soul were seen at Peltier’s trial and that others over the years have voiced their support: David Geffen[xvi], Danny Glover, Melanie Griffith, Whoopie Goldberg, Jesse Jackson, Jude Law, Madonna, Michael Moore, Gwyneth Paltrow, Robert Redford (and his film, Incident at Oglala[xvii]), Tim Robbins, Winona Ryder, Susan Sarandon, Gloria Steinem, Oliver Stone, Barbara Streisand, Sting, Bono and Cher.[xviii]

Wouldn’t it also be relevant that “One fan in particular tried to create a diversion during Peltier’s prison break by showing up late to give a motivational speech, Max Gail, the (marginal) actor best known for his role as the lovable doofus “Wojohowicz” in the sit com Barney Miller.” [xix]

But it goes deeper than that. According to Peltier co-conspirator Dino Butler and the decades long lie of Mr. X and the infamous red pickup truck, that this false alibi was hatched by Bob Robideau while at the home of Max Gail.[xx]

This is the reality of Peltier’s dirty little secret when it comes to fundraising, alleged charitable activities and celebrity supporters. [xxi]

Attorney’s fees:

According to the federal court of appeals, “Peltier was well-represented at trial and on appeal,”[xxii] meaning that he had some good attorneys (Bruce Ellison notwithstanding [xxiii]) fighting for him, all paid for in the beginning by the largesse of the American taxpayers.

Later attorneys represented Peltier because they believed in him or his cause, many years working pro bono with some expending significant amounts of money and legal time and talent (attorneys Michael Kuzma and Barry Bacharach being among the most notable).[xxiv]

Peltier now claims “Attorney fees are still owed (roughly $30K)” for a clemency application; a six page form that Peltier could fill out with a crayon.[xxv]  So what’s the $30K, or more, actually for? Perhaps an effort to buy favor in Washington D.C., as Peltier said, “to influence a clemency decision.” That would be a typical Peltier ploy but the reality is that the Pardon Attorney, Attorney General and the President are fully aware of the facts of Peltier’s conviction and appeals.

Peltier tells us that “travel” expenses are high, as it was in 2015 and also includes “trips to Coleman, Florida, for meetings with Leonard.” Meetings with Leonard, really? To what benefit; hold his hand; make him feel important, help the time pass with occasional visitors (some of whom are there with billable hours)? Is that necessary? Any competent attorney has full access to the record of Peltier’s conviction and appeals, none of which Peltier can change or validate. The records have been there for decades and even available on the NPPA website.[xxvi]

What would be the likelihood of Peltier actually paying the attorney $30K? With all the whining about money (which will always remain the dirty little secret) and if the attorney isn’t paid for the six page form (no doubt including attachments), perhaps the attorney can use that lost revenue as a tax write-off.

Regardless, it would be more than interesting, compelling really, to see what Peltier’s attorney submitted. Certainly it did not contain the four decades of Peltier’s wholly discredited fabrications.

We would offer, challenge actually, to be able to review that application factually, which would doubtless reduce it to a pile of worthless paper.

            Mr. President, if Peltier’s clemency application should ever reach your desk, please consider it in relation to just two of Peltier’s many public statements regarding 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).”

Right thing. No Regrets. Leonard Peltier remains an unrepentant and remorseless murderer who, in the interest of justice, should serve the remainder of his consecutive life sentences.

“In the Spirit of Coler and Williams”
Ed Woods



[i] April 30, 2016: The No Parole Peltier Association  (NPPA), celebrates its 16th anniversary continuing its stated goals to honor the memory and sacrifice in the line of duty of FBI Agents Jack Coler and Ron Williams by providing the facts regarding June 26, 1975, dismantling the myth and folklore surrounding Leonard Peltier and exposing the public statements and contradictions of Peltier’s claims of innocence. Peltier is painfully aware that January 20, 2017, his last and only hope, is rapidly approaching and clemency, like parole, will vanish.
[iii] Peltier has made it clear in the past that any communications sent on his behalf from the Committee (LPDC, LPDOC, ILPDC, etc.) must first be approved by him, therefore Peltier is responsible for the content and information he places in the public domain, along with the directors of the Committee.
[iv] http://www.noparolepeltier.com/debate.html#fraud
[v] http://www.noparolepeltier.com/debate.html#free (See,  “It’s all about the money,” section)
[viii] It should be noted that the NPPA has never engaged, singled out or criticized anyone in Peltier’s family. This is not about family (except those of Agents’ Coler and Williams), and Betty Ann Peltier-Solano, Chauncey Peltier or any other family members are entitled to advance their efforts to free Peltier. It will remain as such unless family members engage in overt attacks on the NPPA. On 1/12/17 Chauncey Peltier, 42638 NW Cedar Canyon Road, Banks, Oregon 97106 registered a business, Peltier Justice for All, Inc. How PJAI develops, and its mission remains to be seen, and will be addressed as appropriate.
[ix] http://www.noparolepeltier.com/debate.html#concise (See Section #19 and related footnotes)
[x] Shill: An accomplice of a hawker, gambler, or swindler who acts as an enthusiastic customer to entice or encourage others, e.g., The Indigenous Rights Center, its founders and directors, at the behest of Leonard Peltier.
[xiii] Jane Fonda, aka Hanoi Jane remains an insult to every man and woman, past and present, who served this nation’s military and especially those who died to protect our freedoms and liberty. Fonda is a loathsome and disgusting individual. Further reference;
[xiv] http://www.noparolepeltier.com/debate.html#fraud (See Editorial Essay “Addendum”)
[xv] Peter Matthiessen, In the Spirit of Crazy Horse (New York: Penguin Books, 1991)  249
[xvi] Written nine years ago this Editorial Essay predicted where Peltier would be today in 2016 and how Hollywood mogul David Geffen, a former staunch Clinton supporter and fundraiser thought he had bought Peltier’s way out of prison.  To Geffen’s dismay it didn’t happen, resulting in Geffen publicly calling both Clintons’ liars.  http://www.noparolepeltier.com/debate.html#dances The denial of Peltier’s clemency by outgoing President Clinton led to the infamous public comment, “These politicians are such sleazebags that you just don’t know.” Wonder if Peltier would like to repeat that comment for President Obama? http://www.noparolepeltier.com/speak.html
[xvii] http://www.noparolepeltier.com/movie.html  Mr. X The Movie. Coincidentally, on April 30th my bride and I went out for lunch and a later dinner and in between went to the Cincinnati Museum Center to see the Omnimax film, National Parks Adventure and The Art of the Brick art show. I expected the film to be a an elaborate photographic experience exploring a number of America’s incredible natural wonders but from the opening credits was disappointed to see that the film was narrated by Robert Redford. So I had to listen to him, just like in Incident at Oglala and contemplate how Redford could still be so ignorant over the Peltier matter. The film had some spectacular footage but was a down-home trip of three adventurers and was lacking in specifics about the parks and didn’t cover nearly as much as expected. But then there was having to listen to Redford and wondering now that he knows he was taken-in by Peltier, blatantly lied to about the whole fabricated Mr. X and the red pickup alibi, that he was still dense enough and lacking the courage to admit he had backed a murderous, lying loser like Peltier.  But that’s Hollywood. http://wwwnoparolepeltiercom-justice.blogspot.com/2016/03/peltier-and-robert-redford-repost.html
The Art of the Brick, though, was incredible and well worth the price of admission. New York corporate attorney, Nathan Sawaya, turned LEGO artist, brings art to life in painting-like images and incredible 3-D, nearly life size creations, experiencing almost every facet of the human condition. Just an unsolicited recommendation, this is a must-see exhibit. Lunch was at a Cincinnati staple, Skyline Chili, a predominant attraction in the Queen City. Dinner was at arguably the best Italian restaurant in the tri-state, Scotti’s on 9th Street. A little hole-in-the-wall, like some of New York City’s best off beat eateries. This place, small, with walls lined with a mosaic of disjointed tile work and old family photos must be doing something right, since it’s been in the same family now for 104 years.
[xviii] Joseph Trimbach, American Indian Mafia (Denver: Outskirts Press, 2008), 430
[xix] Trimbach, 387 (The NPPA would argue that these celebrities either don’t have a clue about the facts, relying solely on the folklore, or they just don’t care about justice. Unless, of course, they become victims themselves, then it would be an entirely different story.)
[xx] Trimbach, 446: See further, Mr. X the Lie, http://www.noparolepeltier.com/lie.html
[xxiv] If Peltier paid for legal services there is at least one other attorney where he should demand a refund. Honolulu based attorney Eric Seitz, representing Peltier at the 2009 parole hearing, stated (excerpted from the following Editorial Essay link): "…they (the FBI and government) don't have any creativity, they don't come up with anything new. They don't have any greater ability to explain their justification for their position. It's a very wooden position, kill an FBI agent and live the rest of your life in prison. I don't think that's going to impress very many people who aren't already of the same opinion."  A brilliant legal opinion to say the least… http://www.noparolepeltier.com/debate.html#paroledenied