On his final day as president, Joe Biden made headlines by issuing several clemency actions and preemptive pardons, including one for Leonard Peltier, the 80-year-old Indigenous activist convicted of killing two FBI agents. Peltier, who had been serving two life sentences since his 1977 conviction, expressed relief and gratitude following the decision stating, “It’s finally over – I’m going home,” according to NDN Collective, an Indigenous activist group.
Biden's decision to grant clemency to Peltier was met with ire from law enforcement organizations. The FBI Agents Association released a vehement statement criticizing the move. They called it “outrageous” and described Biden's final decision as “disgraceful,” claiming it was “cowardly and lacks accountability.” This sentiment reflects the pain and anger felt by the families of FBI Special Agents Jack Coler and Ronald Williams, who were fatally shot execution-style during the FBI's pursuit of Peltier and had been targets of the investigation.
The confrontation occurred on June 26, 1975, when Agents Coler and Williams were pursuing Peltier related to another case. The brutal nature of the murders, with both men shot at point-blank range, has kept Peltier's legacy controversial. Former FBI Director Christopher Wray argued against Biden’s decision, labeling Peltier as a “ruthless murderer” who has shown no remorse throughout the years.
Aside from Peltier, Biden's clemency spree extended to several individuals targeted by former President Donald Trump. Among those pardoned were Dr. Anthony Fauci, retired General Mark Milley, and members of the House committee investigating the January 6 Capitol insurrection, including former Rep. Liz Cheney. Biden remarked, “These are exceptional circumstances, and I cannot in good conscience do nothing,” underlining his perspective on politically motivated inquiries against them.
Yet, Biden's decision came under scrutiny for not including certain individuals such as prosecutors and judges involved with Trump’s legal battles. Notably absent from the pardons were individuals like Jack Smith, the special counsel leading investigations against Trump. Trump increasingly threatened retaliation against those pursuing legal actions against him, labeling the situation as corrupt and calling for action against them.
U.S. Rep. Jim Clyburn, among others, speculated why Biden refrained from issuing pardons for the prosecutors involved. The rationale could be linked to established immunities often granted to public officials acting within the scope of their duties, casting doubt on the necessity of such pardons.
General Milley responded positively to his pardon, emphasizing his commitment to serving the nation and wishing to avoid unnecessary distractions or hardships for himself and his family. “After forty-three years of faithful service... I do not wish to spend whatever remaining time the Lord grants me fighting those who unjustly might seek retribution for perceived slights,” he stated.
Trump’s own reaction to Biden’s actions was swift and pointed, expressing indignation about pardoning individuals he views as guilty. “It is disgraceful,” he lamented, asserting, “Many are guilty of MAJOR CRIMES! DJT.”
Through these clemency decisions, Biden has stirred distinct reactions across the political spectrum. For some, his clemency acts represent attempts to correct wrongs and protect individuals unjustly threatened by political motives. For others, especially within law enforcement circles, it appears as though justice has been swept under the rug.
Leading up to the handover of power, Biden’s decisions reflected the political climate's complexity, igniting discussions about justice, accountability, and the influence of political dynamics on judicial actions. The conversations surrounding these pardons and clemency grants will undoubtedly continue to evolve as the nation reflects on maintaining integrity within its justice system.