PELTIER: CLEMENCY APPLICATION - THANK YOU: PART 2

Dear Supporters:

Continuing the review and critique of Peltier’s Letter to the President and clemency application, it’s unthinkable that his attorneys, Martin Garbus, Cynthia Dunne and Carl Nadler believe that making these documents public would be of any benefit to Peltier.

It’s evident they have blindly bought into the myth and folklore and believe that the USDOJ Pardon Attorney, Attorney General, and the President are unaware of the facts or unable to easily see through the subterfuge of providing half-truths. Garbus, Et. Al., do this because telling the whole story is devastating to Peltier. But the record will be set straight here. Perhaps Peltier should ask for a refund and Garbus, Dunne and Nadler could form a new law firm representing political prisoners who drive ambulances.[i]

The “…notoriously convoluted procedural history…” of the Peltier matter will end in failure on January 20, 2017.[ii] 

They begin the Application with four bullet points that are readily dispelled:

1) “The FBI used improper tactics securing Peltier’s extradition from Canada and in otherwise investigating and trying the Peltier case.”(Quoting from Judge Gerald Heaney’s 1991 letter to Senator Inouye. See the previous NPPA Blog regarding this letter.)

In complete deference to the late Judge Heaney (please see the Judge Heaney sections of this Editorial Essay [iii]), and let it be clear that he was passionate in his beliefs and support of Native Americans, however, he ruled against Peltier based on the facts and the law in every instance.

But the Honorable Judge was ultimately wrong on the extradition.

This is some of the dirty laundry Peltier and his attorneys want to keep out of sight, or hope that everyone is tone deaf to all the Peltier history, like the two-decades long and only alibi that turned into a horrendous lie, Mr. X; the armed escape from Lompoc, and of course, the four page October 12, 1999 letter from the Canadian Minister of Justice A. Anne McLellen to the U.S. Attorney General Janet Reno, where the entire extradition process was reviewed and concluded with:

“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. My conclusions in this regard are consistent with the arguments made by Department of Justice counsel before both the Federal Court of Appeal and the Supreme Court of Canada.”[iv] (Emphasis added)

In other words, if this concept isn’t lost on the legal scholars, even without Myrtle Poor Bear, Peltier was subject to extradition.

2) “[We] find that the prosecution withheld evidence from the defense favorable to Peltier, and that had this evidence been available to the defendant it would have allowed him to cross-examine certain government witnesses more effectively…”

Nice try, but Judge Heaney’s decision says a lot more about the evidence and Peltier than that single quote, and everyone is encouraged to read it in its entirety. 

This decision related to; an October 2, 1975 FBI Laboratory teletype that was not turned over to the defense, another appeal, a remand back to the District Court for a three-day evidentiary “ballistics” hearing, and the precise meaning of the teletype. Peltier was denied and appealed again to the Eighth Circuit Court of Appeals.

Central to the ballistics hearing and appeal was Peltier’s possession of the only AR-15 among the AIM members that June day and the extractor marks matching from that weapon to a shell casing found in the trunk of Agent Coler’s Bureau vehicle.

Reviewing Peltier’s conviction, Judge Heaney stated “We then held that the evidence was sufficient for the jury to find Peltier responsible for the murders.” (Emphasis added)

Judge Heaney reviewed the evidentiary hearing and trial record and concluded “Yet we are bound by the Bagley test requiring that we be convinced, from a review of the entire record, that had the data and records withheld been made available, the jury probably would have reached a different result. We have not been so convinced.” (Emphasis added.)

Before reaching this conclusion Judge Heaney made perhaps one of the most critical and damning conclusions to Peltier’s credibility, claims of not receiving a fair trial, and alleged innocence:

“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 (Peltier’s) AR-15. This point was not disputed; although the defense had its own ballistics expert, it offered no contrary evidence.”(Emphasis added)[v]

3) “Much of the government’s behavior at the Pine Ridge Reservation and in its prosecution of Mr. Peltier is to be condemned. The government withheld evidence. It intimidated witnesses. These facts are not disputed.”

Would it come as a surprise to Messrs. Garbus that this comment had nothing to do with Peltier’s conviction?

This quote comes from the 10th Circuit Court of Appeals in 2003 when Peltier filed a motion for a Writ of Habeas Corpus seeking immediate release on parole and challenged the record before the U.S. Parole Commission. In other words, it had nothing to do with the underlying conviction for murder, although, the 10^th Circuit was entitled to its unsolicited and gratuitous opinion.

But, and of course omitted by Marty, just prior to this rebuke the same appellate court said:

"Previous federal court decisions provided the (Parole) Commission with ample facts to support its conviction that Peltier personally shot Agent Coler and Williams." And further, "While Mr. Peltier, asserts 'the Commission identified no plausible evidence that [he] shot the agents after they were incapacitated,' this statement is simply not true. The evidence linking Mr. Peltier to these crimes is enumerated above. The most damning evidence, the .223 shell casing found in Agent Coler's trunk, may be more equivocal after the surfacing of the October 2nd teletype, but it has not been 'ruled out,' as Mr. Peltier contends. There is no direct evidence that Mr. Peltier shot the agents because no one testified they saw him pull the trigger. But as we stated above, and restate here, the body of circumstantial evidence underlying the Commission's decision is sufficient for the purpose of rational basis review.” (Emphasis added) [vi]

So here, one court that was critical of the government found again a rational basis to deny Peltier's claims and further support his conviction and sentencing. Those criticisms have all been microscopically examined in excruciating detail over the years and were determined to have not created any Constitutional violations of Peltier's rights; even after twice reaching the U.S. Supreme Court.

4) “The use of the affidavits of Myrtle Poor Bear in the extradition proceedings was, to say the least, a clear abuse of the investigative process of the F.B.I.”

So critical was this comment by the court that it was relegated to a…footnote.

Standing alone, and proffered by Peltier and his attorneys, since it was first published in the denial of his direct appeal of his conviction in 1978, this is a damning statement and was used to incite Peltier supporters against the Government. However, they failed to finish the quote which placed it in complete context within the record:

"This was conceded by government counsel on the hearing in this court. It does not, however, follow that the testimony of this obviously confused and 'unbelievable' witness (referring to Myrtle Poor Bear) should have been permitted under either theory advanced by Peltier as hereinbefore set forth." [vii]

NO LESS IRONIC, and tucked away in the record, was Peltier's own attorney's opinion of Myrtle Poor Bear when they believed the Government would call Poor Bear as a witness. They characterized her as a:

"…witness whose mental imbalance is so gross as to render her testimony unbelievable." [viii]

In other words, Peltier wanted it both ways; using Poor Bear as an excuse for his allegedly improper extradition from Canada, but then castigating her when she was a potential witness.

But it gets better. This same court on the direct appeal stated;

“Secondly, the direct and circumstantial evidence of Peltier’s guilt was strong, and in our opinion, the admission of these additional exhibits did not prejudice the defendant’s chances for acquittal.” (Emphasis added) [ix]

            To make it clear that the USDOJ Pardon Attorney has all the relevant facts regarding Peltier’s guilt and the sham of forty years of myth and folklore and his outrageously unrepentant public statements, what follows are quotes from letters received by the NPPA from the U.S. Pardon Attorney:

            January 12, 2010: “For your information, Mr. Peltier’s application was carefully considered in this Department and the White House, and the decision was reached that favorable action was not warranted. His application was therefore denied on January 19, 2009.”

            “Your correspondence has be made a permanent part of Mr. Peltier’s clemency file. Thank you for writing to the President.”

            January 13, 2012: “Please be advised that to date, Mr. Peltier has not reapplied for executive clemency. Your letter will be retained and added to any case file created in the event that Mr. Peltier re-applies for executive clemency in the future.”

So, notwithstanding the bogus current clemency application, the truth and facts are already where they belong.

Dear President Obama:

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).”

“In the Spirit of Coler and Williams”

Ed Woods

---

[i] One possibility; the firm of Dewey, Fleeceum and Howe, 69 Moodnlight Road, Mound House, NV 89706

[ii] http://www.noparolepeltier.com/judge.pdf

[iii] http://www.noparolepeltier.com/debate.html#birthday (Re Judge Gerald Heaney)

[iv] http://www.noparolepeltier.com/canadaletter.html

[v] http://www.noparolepeltier.com/800.html

[vi] http://www.noparolepeltier.com/tenth_circuit.html (See II)

[vii] http://www.noparolepeltier.com/585.html (See footnote 18)

[viii] http://www.noparolepeltier.com/585.html (see II.B.2.i)

[ix] http://www.noparolepeltier.com/585.html (See I.B.4)

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

[v] http://www.noparolepeltier.com/response.html#7, http://wwwnoparolepeltiercom-justice.blogspot.com/2016/05/peltier-anna-mae-clemency.html

[vi] http://www.noparolepeltier.com/heaney.html

[vii] http://www.dailymotion.com/video/xc9ofu_leonard-peltier-with-steve-kroft_news (last accessed 10/14/15)

[viii] http://wwwnoparolepeltiercom-justice.blogspot.com/2011/04/peltier-i-want-my-own-room.html

http://wwwnoparolepeltiercom-justice.blogspot.com/2011/08/peltier-shot-in-prisonbruce-smith.html

http://wwwnoparolepeltiercom-justice.blogspot.com/2011/09/peltier-escapes.html

PELTIER: THANK YOU PRESIDENT OBAMA

Dear Supporters:

On May 16th President Obama honored thirteen law enforcement officers, one posthumously, with the Public Safety Medal of Valor. The police officers and one FBI Agent were recognized for their dedication and exceptional courage and bravery, saving lives, subduing or apprehending criminals while placing their own lives in grave danger.



The President recognized "The men and women who run toward danger remind us with your courage and humility what the highest form of citizenship looks like." Attorney General Lynch added that during such violent confrontations the natural instinct would be to seek shelter but "they ran towards the sounds of gunfire..." responding to uphold their sworn duties.

Honoring Philadelphia officer Robert Wilson III, who was killed while off duty attempting to prevent an armed robbery, brings back memories of another Philadelphia officer, Daniel Faulkner, who was brutally gunned down by Wesley Cook, aka Mumia. Wesley Cook, like Leonard Peltier, had become notoriously popular among those who chose to ignore the facts and perversely cling to the folklore rather than recognize them as the cold blooded murderers they really were. (Footnote #1)

One of those recognized by the President was FBI Agent Tyler Call. Although of a later generation, Agent Call and the tens of thousands of current and former FBI agents and law enforcement officials are painfully aware of the brutal murders of Special Agents Jack Coler and Ron Williams in 1976. Their killer now seeks consideration for his brutal crimes.

Thank you President Obama for honoring those who have served courageously and all too often died in the line of duty.

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 remorseless and unrepentant and should continue to serve the consecutive life sentences the courts have repeatedly upheld. Peltier is undeserving of any consideration. (Fn: 2)

"In the Spirit of Coler and Williams"
Ed Woods

Footnotes:
1) Murdered by Mumia: http://www.noparolepeltier.com/debate.html#standing
2) One of many letters written to the President, U.S. Attorney General, USDOJ Pardon Attorney and others: http://www.noparolepeltier.com/obama.pdf

PELTIER: ANNA MAE & CLEMENCY

REPOSTED FROM REZINATE:
https://rezinate.wordpress.com/2016/05/03/annie-mae-and-clemency/#respond

Annie Mae whose abduction, rape, and murder remains a guilt and shame the AIM leadership can never overcome – “warriors” and “liberators” making war on a lone woman.

Dennis Bank$, Clyde and Vernon Bellecourt, and Russell Means all complicit in Annie’s murder – all knew and know, and all have remained silent.

I remain convinced Leonard Peltier knew as well, was an advocate for her murder and was an active participant in the decision months later after interrogating her at gunpoint and on the run for the murders committed at Jumping Bull.

The AIM leadership has effectively been granted “clemency” for their role in Annie’s murder in the absence of prosecuting a single one of them, and now call for the “healing” of clemency for Peltier.

So I have to wonder what is the standard for clemency? How high must the body count be before it becomes a consideration?

The AIM leadership is responsible for multiple murders  from Wounded Knee 2 to Annie – Peltier by any reasonable standard has four that are known of either by actual participation or complicity.

Two federal agents, another in Peltier’s escape attempt, and his complicity in the murder of Annie.

Is four enough or does the body count need to be higher in order to qualify?

Apparently the leadership believes it is – apparently his supporters do likewise.

Not a one of AIM’s or Peltier’s victims can be granted clemency, no release from the grave, nor should clemency be granted those among the living who are responsible.

To do so has nothing to do with healing, it has to do with condoning murder.

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 9^th  “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 30^th) 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 donations—to 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 16^th 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.

[ii] https://gem.godaddy.com/p/464f87?fe=1&pact=67985-130751466-7790603234-de36e81ffd865eca9e5f2650c3a7d8a9888fbca1 (Last accessed 4/24/16)

[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)

[vi] http://www.noparolepeltier.com/debate.html#third

[vii] http://wwwnoparolepeltiercom-justice.blogspot.com/2013/12/peltier-update-breaking-camp-mandela.html (Dorothy Ninham, Wind Chases the Sun, Inc., DePere, Wisconsin)

[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.

[xi] http://www.noparolepeltier.com/debate.html#fraud (See “PAC Issues” section)

[xii] https://www.paypal.com/webapps/mpp/ua/acceptableuse-full

[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;

http://www.noparolepeltier.com/response.html#2

[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 30^th 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 9^th 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

[xxi] http://www.noparolepeltier.com/debate.html#fraud

[xxii] http://www.noparolepeltier.com/585.html

[xxiii] http://wwwnoparolepeltiercom-justice.blogspot.com/2016/02/peltier-bruce-ellison-esq-co.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

[xxv] http://wwwnoparolepeltiercom-justice.blogspot.com/2016/03/peltier-applies-for-clemency.html

[xxvi] (Court decisions and a Concise History of Guilt)  http://www.noparolepeltier.com/court.html, http://www.noparolepeltier.com/debate.html#concise