Leonard Peltier
Commutation by Joseph R. Biden Jr.
The Case
Facts on file from the DOJ Office of the Pardon Attorney
- Offense
- 1. Murder in the first degree (two counts) 2. Escape by a federal prisoner; possession of a firearm by convicted felon
- District
- 1. District of North Dakota 2. Central District of California
- Original Sentence
- 1. Two consecutive terms of lifetime imprisonment (June 1, 1977) 2. Seven years' imprisonment (consecutive) (January 22, 1980)
- Clemency Type
- Commutation — reduces sentence but conviction stands
Case Overview & Context
Plain-English summary of the case and the legal context for this type of clemency
Case Overview
Leonard Peltier was convicted of two counts of first-degree murder in the District of North Dakota, receiving two consecutive life sentences in 1977. He was subsequently convicted in the Central District of California of escape by a federal prisoner and possession of a firearm by a convicted felon, receiving an additional seven years' imprisonment consecutive to his existing sentences in 1980.
Pardon Context
A commutation reduces or eliminates the remainder of a sentence but does not erase the underlying conviction or restore civil rights that were lost due to the conviction. In this case, the commutation applies to the prison sentences imposed for murder, escape, and firearm possession, but the convictions themselves remain on the recipient's record. The clemency power under Article II of the Constitution is absolute and requires no judicial review or approval. The president's personal reasoning for this specific grant is not publicly documented.
AI-generated summary based on public clemency records. The president's specific personal reasoning for this grant is not publicly documented.
Constitutional authority: Article II, Section 2 of the Constitution grants the President “Power to grant Reprieves and Pardons for Offenses against the United States.” This power is absolute for federal crimes — Congress cannot override it, and no judicial review is required. The president is not required to publish reasons for individual grants.