Did AUTOPEN Free a Convicted KILLER?

President Biden’s last-minute commutation of Leonard Peltier’s sentence has ignited a firestorm within the FBI, raising questions about presidential authority and justice.

At a Glance

  • President Biden commuted Leonard Peltier’s life sentence on January 19, 2025, allowing him to serve the remainder in home confinement.
  • Peltier was convicted in 1977 for the 1975 murders of FBI agents Jack Coler and Ronald Williams during a shootout on the Pine Ridge Indian Reservation.
  • The clemency decision lacked public explanation and prior notification to the victims’ families, leading to FBI outrage.
  • Speculation arises over whether Biden personally authorized the commutation or if it was executed via autopen, raising concerns about the legitimacy of the decision.
  • The Department of Justice under President Trump has initiated an investigation into the clemency, focusing on Biden’s competence and the potential misuse of autopen.

A Controversial Clemency

In the final hours of his presidency, Joe Biden granted clemency to Leonard Peltier, a move that stunned the law enforcement community. Peltier, a member of the American Indian Movement, was convicted for his role in the 1975 murders of two FBI agents during a shootout on the Pine Ridge Reservation. Despite numerous appeals and international advocacy for his release, previous administrations had upheld his conviction, citing the gravity of his crimes.

The sudden commutation, devoid of public commentary or rationale, left many questioning the motivations behind the decision. Families of the slain agents and FBI officials were not forewarned, exacerbating feelings of betrayal within the bureau.

Watch a report: Biden commutes sentence for Leonard Peltier.

Questions of Authorization

The absence of a clear explanation has led to speculation about the authenticity of Biden’s involvement in the clemency. Some suggest the possibility that the commutation was executed using an autopen, a device that replicates a person’s signature, raising concerns about the delegation of such a significant decision. While the use of an autopen is not unprecedented for routine documents, its application in matters of clemency is contentious.

The lack of transparency has prompted calls for an investigation into the procedural aspects of the commutation. Lawmakers and former law enforcement officials are demanding the release of documents and communications that led to Peltier’s release to ascertain whether proper protocols were followed. The FBI Agents Association condemned the move and urged Congress to review the clemency process.

Implications for Justice and Accountability

This incident underscores the delicate balance between executive authority and the pursuit of justice. Clemency powers are a profound aspect of presidential privilege, intended to correct judicial errors or show mercy. However, when exercised without transparency, they can undermine public trust in the legal system.

The FBI’s response reflects a broader concern about the potential politicization of justice. As the bureau grapples with the ramifications of this decision, the need for clear guidelines and accountability in the clemency process becomes increasingly evident. The Justice Department under the new administration is now reviewing the legality and procedural soundness of Biden’s clemency decisions.