A Rebuttal by Michael Eckhardt
Copyright © 2000 Eckhardt
The following is a response from Michael Eckhardt to Freeh/Hyde's attempt to discredit Leonard Peltier in the eyes of Clinton.President William Jefferson Clinton
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500December 7, 2000
Dear Mr. President,
Greetings. I feel confident that you have by now, read a letter to you authored by Louis Freeh of the FBI (as we of the public have seen the media released portions in our newspapers). My hope is that you will be afforded an expedient opportunity to read this letter from a single member of the nation's citizenry. Please find submitted for your review, this point-by-point rebuttal of the Washington (AP) story released today, December 7, 2000 regarding the FBI Director Louis Freeh, Representative Henry Hyde, Leonard Peltier and the decision now before you regarding executive clemency.
May it first be noted as to the strong tone, excessive rhetoric and unprecedented nature of a direct and pointed plea by the Director of The FBI, Louis Freeh in an attempt to influence Janet Reno and The President of The United States regarding a single conviction on behalf of the agency.
Freeing Leonard Peltier would ``signal disrespect'' for law enforcement and the public, he wrote Clinton. ``Mr. President, there is no issue more deeply felt within the FBI or more widely shared within the law enforcement community than the belief that this attack by Peltier was nothing less than a complete affront to our cherished system of government under the rule of law,'' Mr. President, to suggest that to enact executive clemency in this case would signal disrespect for either law enforcement, or the public, defies understanding and illuminates the blindness which pervades Mr. Freeh's perspective and demonstrates the inflated importance he assigns to himself and the agency. To the contrary, I (as a common citizen) understand the power (and the responsibility) of the act of clemency afforded the presidency, to be complete and absolute under the constitution. It is a power to be used judiciously when proper time and circumstance would dictate and when any past biases should no longer apply. When an agency of the government takes the law in its own hands irrefutable harm befalls the public and an inevitable erosion of trust will ensue. The handling of the Peltier case within the courtroom proceedings can be argued under a "law and order" framework. In this case, "the rule of law" (due process and the denial of constitutional rights [under the constitution]) has fallen through the cracks. Executive clemency can now facilitate the correction needed and to a degree, begin the restoration of public confidence which is so badly needed.
Freeh wrote the president that the families of slain agents Ron A. Williams and Jack Coler ``respectfully plead to you that the vicious murderer of a son and a father not be heroically elevated above the cold and hardened criminal he chose to be.''
Mr. President, other than the conviction in question, the record of Leonard Peltier is clear. The only prior offense was manufactured by the combined efforts of the FBI and the Milwaukee police department and Mr. Peltier was completely vindicated in the Circuit Court system (January, 1978) of any charges related to the alleged offense. Leonard's lack of prior criminal record or tendencies was properly argued during the final appeals process in attempts to overturn his original conviction. It became clarified at the time, that the pre-sentencing details relative to his prior record were grossly inaccurate. As a result, decisions in parole proceedings have been made on the basis of invalid pre-sentencing information and further resulted in unreasonable decisions such as the 15 year waiting period before the next full parole hearing (scheduled for 2008). Mr. President, Leonard should have been paroled long ago, so please keep mindful of this as you consider the impending decision on clemency.
Freeh said that to the public and law enforcement community, the killings are ``the most vile disrespect for all that we cherish.'' He added, ``Moderation can only signal disrespect.''
The rhetoric here is simply unacceptable and purely seeks to evoke strong emotion for the purpose to influence what should be an evenhanded decision.
The second statement regarding "moderation" is embarrassing posited to any citizen, let alone the president and further illuminates the agency's blind rage. Please let me remind you of the many deaths suffered by members and supporters of the American Indian Movement before, during and after the events which transpired on June 26, 1975. No justice has been offered in these cases as the families continue to suffer. The agency's involvement is clearly a matter of record and in fact, greatly influenced the acquittals of Leonard's only co-defendants in the trial which preceded his own.
"The inevitable haziness brought on by the passage of time does not diminish the brutality of the crimes or the torment to the surviving families,'' Freeh said of the 25-year-old killings.
Mr. President, to the participants and families which were involved at the time and forever impacted, there remains nothing hazy concerning such permanent and deadly circumstances resulting from the conflict. Mr. Freeh would have us all believe that only one sides families have been damaged. The realities have deeply affected the families on all sides of conflict. Please allow me to quote Leonard (taken from an address delivered to The United Nations in 1997). " All life is sacred. I did not kill those agents. I pray for them and those they left behind: parents, wives, children. I also pray for prosecutors, judges, parole officers, and prison officials who have made hideous decisions in my case and in the cases of others.... I am an Indian man. My simple request is to live like one."
In a show of support for Freeh, the chairman of the House Judiciary Committee, Rep. Henry Hyde, R-Ill., released the letter to Clinton along with others by Freeh on the same subject to Attorney General Janet Reno (news - web sites) and Hyde.
Mr. President, it is with respect, but with much consternation, that I even comment with regard to Representative Henry Hyde's involvement. I must again cry "Voir Dire", as I echoed concerning his past deplorable behavior in the all too recent (and politically driven) impeachment proceedings. The audacity to act again as if he is in a position to judge this case posses serious question. The Representative from Illinois is surely not one with a working sense of understanding, nor does he posses the background to posture an informed opinion regarding this individual case.
Mr. President, I believe in restorative justice. The FBI's own record in this case shows many inconsistencies and offers to date, not one direct piece of evidence which could have convicted Leonard Peltier. The FBI has shown an inordinate degree of personal involvement to sustain this single conviction. The United States prosecutor's have admitted since 1986 they do not know who killed the agents and in all likelihood, have admitted they might have trouble gaining a conviction in the courts today. I believe that each citizen should be afforded due process of the law and that the constitutional amendments should protect all of us. I firmly believe, like so many, that in this case, the system has failed. The FBI wants you to believe Leonard is not remorseful and demonstrates no contrition. Leonard has consistently demonstrated his respect for all life and was there in South Dakota at the request of Traditional Elders to defend the people and the land itself. The agency and Louis Freeh were not/are not in a position to understand the paradigm differences of traditional native peoples. There never was any lack of respect for life involved at all, the dynamics of conflict have obfuscated the truth.
Mr. President, please use the trust granted you as expressed by the people of the nation and the power invested in you as our president, to enact executive clemency for Leonard Peltier. Many of us from the vantage point of common citizenry, look forward in thoughtful and prayerful anticipation.
Respectfully Submitted,
Michael Eckhardt
1543 Lincoln Road
Columbus, Ohio 43212
Phone: 614-488-6411
E-mail: FreedomCampaign@aol.com
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