Showing posts sorted by relevance for query Leonard Peltier. Sort by date Show all posts
Showing posts sorted by relevance for query Leonard Peltier. Sort by date Show all posts

Wednesday, April 19, 2023

REAL VICTIM OF FBI
Biden urged to free Indigenous activist Leonard Peltier after decades in prison

Story by Nina Lakhani • Yesterday

Amnesty International has launched a new campaign calling on Joe Biden to grant clemency for Leonard Peltier, the Indigenous rights activist whose health is deteriorating after almost five decades in maximum security prison for crimes he has always denied.


Photograph: Mike Simons/AP© Provided by The Guardian

The international human rights group is urging Biden to release Peltier on humanitarian grounds – exactly 46 years after he was convicted for killing two FBI agents in a trial rife with irregularities and due process violations including evidence that the agency coerced witnesses and withheld and falsified evidence.

Related: Former Navajo Nation leader Peterson Zah dies at age 85

“No one should be locked up, let alone for over 40 years, when there are serious concerns about the fairness of their trial. President Biden should right this historic wrong and grant Leonard Peltier clemency,” said Zeke Johnson, Amnesty International US national director of campaigns.

Peltier, an enrolled member of the Turtle Mountain Chippewa tribe and of Lakota and Dakota descent, was convicted of murdering FBI agents Jack Coler and Ronald Williams during a shootout on the Pine Ridge reservation in South Dakota in June 1975.

Peltier was a leader of the American Indian Movement (AIM), an Indigenous civil rights movement founded in Minneapolis that was infiltrated and repressed by the FBI.

Now 78, Peltier is currently held in a maximum security prison in Coleman, Florida, where his health and mobility have significantly deteriorated since contracting Covid-19.

Amnesty International, who had observers at the original trial, is among a long list of advocates to call for Peltier’s release since his conviction in 1977 – including a group of UN arbitrary detention experts and the US attorney James Reynolds, whose team led the prosecution and appeal of Peltier’s case.

Earlier this year, former agent Coleen Rowley became the first FBI insider to call for clemency, after claiming that the agency’s stubborn opposition to Peltier’s release was driven by vindictiveness. The agency has continuously campaigned and protested against his parole and clemency.

Peltier is not eligible for parole again until 2024; the most recent petition for clemency was submitted by his legal team in 2021, but remains unresolved.

In an exclusive interview with the Guardian conducted via email in February, Peltier said: “Being free to me means being able to breathe freely away from the many dangers I live under in maximum custody prison. Being free would mean I could walk over a mile straight. It would mean being able to hug my grandchildren and great-grandchildren.”

FREE LEONARD PELTIER
PELTIER WAS ILLEGALLY ABDUCTED BY RCMP FROM INDIGENOUS AUTONOMOUS TERRITORY IN NORTHERN ALBERTA  AND DELIVERED TO VANCOUVER WHERE HE WAS ILLEGALLY HANDED OVER BY RCMP TO FBI 

Monday, February 06, 2023

Day of Solidarity with Leonard Peltier Set for Monday, Feb. 6th

Leonard Peltier  was arrested in Canada on Feb. 6, 1976. 

BY NATIVE NEWS ONLINE STAFF FEBRUARY 04, 2023

On February 6, 1976, Leonard Peltier was arrested in Hinton, Alberta, Canada. Monday, February 6th will mark the 47th anniversary of his arrest.

Following a controversial trial, Peltier was convicted of aiding and abetting murder of two FBi agents and has been imprisoned ever since. Many people and human rights organizations, including Amnesty International, the Southern Christian Leadership Conference, National Congress of American Indians, the Robert F. Kennedy Memorial Center for Human Rights, Archbishop Desmond Tutu and others believe Peltier is a political prisoner who should be immediately released.

To mark the anniversary, people worldwide will commemorate Monday as a Day of Solidarity for Leonard Peltier, who is currently incarcerated in a federal penitentiary in Coleman, Florida.  

As he enters his 48th year of incarceration, hundreds of his supporters will host “Rise Up for Peltier” events in numerous cities around the world, including Paris, Rome, Berlin, Switzerland. 

In the United States, events will be held in Minneapolis, Minnesota; Rapid City, South Dakota; Tampa, Florida; Santa Fe, New Mexico, Albuquerque, New Mexico, Tulsa, Oklahoma; San Francisco, California; and Washington, D.C. 

Related: A Message to President Biden: No Prisoner Swap Needed to FREE Leonard Peltier

Peltier is 78 years old in deteriorating health with multiple serious ailments. Supporters have been asking President Joe Biden to grant clemency so that he can spend his final years with his loved ones and tribal community.

Those interested in sending President Biden a letter should address the letter as follows:

President Joseph Biden 

The White House 

1600 Pennsylvania Ave NW 

Washington, DC 20500 USA

May be an image of one or more people and text that says 'International Day of Solidarity RISE UP FOR E PELTIER R A February 6th 2023 S RISE UP TOGETHER TO DEMAND JUSTICE FOR INDIGENOUS POLITICAL PRISONER EONARD PELTIER T EVENTS PLANNED WORLDWIDE 0 Rapid.SD Rapid Sacramento, CA Frankfurt. Germany Minneapolis. MN Columbia, MO Rome, Italy 2000 Tampa, Fargo. Tulsa, OK Paris, France Washington D.C. Geneva. Switzerland Berlin, Germany Albuquerque. Stade, Germany San Francisco, CA Stuttgart, Germany N San Jose. Leipzig. Germany G Milan, Italy Dusseldorf, Germany'

Wednesday, March 13, 2024

FREE LEONARD PELTIER!

Unequal Before the Law
Native Americans serve astoundingly longer prison sentences—because they are Native.

STEPHANIE WOODARD 
MARCH 11, 2024


Federal charges ordinarily cover matters of national reach: immigration, voting rights, racketeering. Not in Indian Country. Tribal members frequently find themselves in federal court for all sorts of allegations— not just serious crimes, such as murder, but lesser offenses, like burglary. Once in federal court, they face sentencing guidelines that are stiffer than if they were tried in state court, where non-Native cases are generally heard. Diversion, probation and other mitigation actions, typical of state courts, are also less common, as is a jury that includes their peers, which is to say, other Natives.

As a result, Native Americans receive significantly longer sentences than non-Natives for similar crimes and many sources have cited a statistic indicating they are 38% more likely to be behind bars than anyone else. Native detainees are also, on average, younger, more likely to be women and have less criminal history than the federal prison population at large.

More than two decades ago, the U.S. Sentencing Commission — the independent agency within the Department of Justice (DOJ) that defines sentencing policies and practices for federal courts — first met to address these disparities. The differences are baked in by laws and Supreme Court decisions that date back more than a century — in particular, to the Major Crimes Act of 1885.

Still on the books, the Major Crimes Act established federal jurisdiction over a swath of on-reservation crimes — if the defendant is Native. This jurisdiction, which results in many crimes by Natives on reservations being tried in federal court, effectively ensures greater sentences for Natives than non-Natives committing similar crimes. It’s one of the clearest manifestations of the U.S. government’s long and ongoing efforts to dominate Indigenous nations.

The Sentencing Commission found, for example, that, on average, an assault conviction in a South Dakota state court that carried a 29-month sentence got 39 months in a federal court. The spread in New Mexico was wider: six months versus 54. Similarly, the state court sentence for a sexual-abuse conviction in South Dakota could be 81 months, as opposed to 96 in federal court. In New Mexico, it averaged 25 months versus 86.


A rare image of the jury in Crow Dog’s trial in Deadwood, S.D.
COURTESY OF DEADWOOD HISTORY, INC., ADAMS MUSEUM COLLECTION, DEADWOOD S.D.


CROW DOG AND THE MAJOR CRIMES ACT

On Aug. 5, 1881, gunfire rang out on the Rosebud Sioux Indian Reservation, Dakota Territory, as Kangi Sunka, or Crow Dog, shot dead rival tribal leader Sinte Gleska, or Spotted Tail, as the latter was leaving a tribal council meeting. Local newspapers covered the story continuously — and in great detail — from the initial incident through the final court decision two years later.

After the shooting, the tribe directed Crow Dog to re-establish community harmony by giving Spotted Tail’s family horses, money and a blanket. When federal officials called for his arrest, Crow Dog, accompanied by a Rosebud chief, turned himself in at a nearby Army fort and was arraigned in Territorial Court in the town of Deadwood.

Prosecutors alleged Crow Dog ambushed Spotted Tail, shooting him from the cover of his wagon. For his part, Crow Dog testified he was behind the wagon because he was fixing its undercarriage. Spotted Tail apparently thought Crow Dog was lying in wait and aimed his pistol. Crow Dog saw this, grabbed his rifle and fired.

Meanwhile, Crow Dog’s wife and baby were on the wagon’s seat during the incident — which raises the question: Who brings their family to a gunfight?

Crow Dog’s lawyer, who worked most of the case in return for a few ponies, filed a plea of self-defense. He also challenged the Territorial Court’s jurisdiction over on-reservation offenses committed by tribal members. How the trial ended and the ensuing political maneuvers reverberate to this day.

As Crow Dog’s trial progressed, many Deadwood residents came to believe that Crow Dog had not set out to kill Spotted Tail. Instead, they thought the two men had defended themselves simultaneously in a confusing and fast-moving event. Crow Dog was simply faster. They thought he would be acquitted or, at worst, found guilty of manslaughter. Instead, Crow Dog was convicted of murder and sentenced to hang.

Meanwhile, the Bureau of Indian Affairs and other federal officials had been case-shopping, according to City University of New York law professor Sidney L. Harring in the American Indian Law Review. In particular, they wanted a situation that would give the United States control of tribal justice. A few cases were considered, but Crow Dog’s seemed most likely to spur Congress to act: Spotted Tail was a prominent tribal leader who was widely understood to support negotiation with the federal government on important matters, and his death could be sold as a loss to the United States.

At the same time, the United States was looking for cheaper ways than war to separate Indigenous people from their land. By the estimate of Carl Schurz, a Union Army general who became Interior Department secretary in the late 1800s, the government spent $1 million per death in training, equipping and fielding an army for its battles against Natives. The 1883 Congressional Record shows Congress allocated just $1,000 for the Crow Dog case. After this minimal outlay, the confinement, incarceration and execution of Natives would be established in federal law.

Though 19th-century Deadwood was a tiny frontier town on the western edge of present-day South Dakota, it was well acquainted with celebrities and celebrity trials. Calamity Jane, Wild Bill Hickock and other notorious gunfighters lived, loved and shot each other there. In 1876, a drifter named Jack McCall was tried in Deadwood for killing Wild Bill in a poker game. Five years later, local newspapers were ready — and eager — for Crow Dog’s trial.

About a month after the shooting, the Black Hills Weekly Pioneer reported ​“at least one hundred pairs of eyes” had gathered to watch Crow Dog arrive at the Deadwood jail. Weeks of thrilling ​“fake news” in the Weekly Pioneer and Black Hills Daily Times postulated just how the killing could have — must have — occurred. Both tribal leaders were given disparaging nicknames, ​“the old dog” and ​“old spot.” Onlookers were expecting a fearsome scoundrel.

Then, Crow Dog appeared. Immediately described by the media as handsome with a pleasant smile, he was quickly re-labeled the ​“distinguished Sioux” and lauded as brave, reliable and honest. His good looks should impress the jury, confided the Black Hills Daily Times. Held in the Deadwood lockup, Crow Dog enjoyed ample meals ​“well cooked and cleanly served” and was allowed dinner guests, according to the newspaper. He whiled away his time by making scrapbooks and issuing much admired Deadwood weather predictions.

In a prequel to today’s red-carpet coverage, readers learned that one day Crow Dog wore to court a Native-style shirt, leggings and matching blanket. On another, he sported an outfit fashionable today — dark blue sports jacket over dark blue shirt and trousers, no tie. The newspapers carefully recounted the testimony, attorneys’ objections and judge’s rulings, along with overtly racist comments from the jury. One jurist declared the testimony of one white man was worth more than ​“one hundred Indians.” Another said he had ​“been pretty badly scared by them.”

Some courtroom attendees were pleased that Crow Dog would pay for the shooting with his life. Others hoped the verdict would establish federal jurisdiction and hasten the Dakota Territory’s transition to statehood. Many were shocked by what they saw as double jeopardy, which the Constitution’s Fifth Amendment forbids. The tribe had already resolved the tragedy according to its own law with Crow Dog’s restitution to Spotted Tail’s family. How could the United States try Crow Dog again?

After Crow Dog was sentenced to hang, his lawyer filed an appeal. In 1883, the Supreme Court vacated the conviction, opining that tribes retained the right— as an attribute of their sovereignty — to be governed by their own laws. When Crow Dog was released, he walked through Deadwood, shaking hands with his many well-wishers and accepting gifts: winter boots, woolen socks, a heavy coat and more. He dined with his lawyer and the lawyer’s wife.

None of them saw the trap. Deadwood had little communication with the East Coast in those days, and officials in Washington felt free to falsely claim there had been a ​“public outcry” when the Supreme Court freed Crow Dog, according to Harring. Interior Department officials lobbied Congress for more power over tribal nations, describing them as lawless and ruled by ​“blood revenge,” according to Chickasaw tribal citizen Kevin Washburn, dean of the University of Iowa College of Law and former assistant secretary of the Interior for Indian Affairs. They claimed federal legal oversight would provide tribes with increased public safety. ​“Though this justification was based on false and misleading information, it has proven the most durable,” Washburn explains in an article in the North Carolina Law Review.

When the Major Crimes Act became law, in 1885, it let the federal government reach deep into tribal nations, control their judicial systems, degrade public safety and destabilize their communities. The list of crimes covered has lengthened through the years, and the law has been bolstered by Supreme Court decisions declaring that Natives have no jurisdiction over non-Natives.

THE ONGOING STRUGGLE

The aggressive attempt to assimilate tribal members that followed the Ex parte Crow Dog decision ​“ranks as one of the great legal atrocities in the United States, equal to the Dred Scott case and the internment of U.S. citizens of Japanese descent in concentration camps,” writes Harring. A high-profile example of the vast disparities in sentencing that result, cited by the Sentencing Commission and others, followed the death of a baby on a North Dakota reservation in the late 1990s. The baby’s mother was convicted of second-degree murder and received a 10-year federal-prison sentence, which was affirmed on appeal — but not unanimously.

In dissent, Judge Myron Bright, of the 8th Circuit, argued passionately that the circumstances surrounding the child’s mother — who wrestled with mental illness and had endured constant and even near-deadly physical and sexual abuse since age 5— meant the death should not have been charged as ​“murder,” but as ​“neonaticide,” a crime that takes the mother’s state of mind into account. ​“Now her lifetime of travail becomes magnified by an unjust and improper prison sentence,” Bright wrote.

Bright also insisted that, had the child and mother not been Native and the death not occurred on a reservation, the mother would not have gone to prison. Indeed, a nonNative North Dakota college student, who was convicted in state court for her role in her child’s death at about the same time and did not appear to have suffered many of the extreme experiences the Native mother had, received a sentence of three years’ probation. ​“I find it gut-wrenching when I am asked by a family member of a [Native] person I have sentenced why Indians [receive] longer sentences than white people who commit the same crimes in the same location,” says Judge Ralph R. Erickson, the chief District Court judge in North Dakota, who helped lead the Sentencing Commission’s research efforts in 2015. But, he wrote in a later report, ​“differences between state and federal sentencing law mandate the difference.”

The U.S. justice system has long operated differently for different groups. The Black Lives Matter movement put that issue on the national agenda, asserting that people of color and those from marginalized populations face separate and unequal judicial hurdles and impacts. It stands true for Indigenous communities, whose history of exclusion is so little understood, whose contemporary struggles are so little covered in the media, and who have the law applied to them in such complicated ways. For Native Americans accused of crimes, like Black Americans and others, the judicial system is punitive, capricious and unrelated to conventional notions of justice.

Mind-boggling jurisdictional convolutions, along with lack of data, help drive the confusion around Indigenous sentencing. Laws regarding Indian Country justice accreted over the centuries such that who is in charge of a case (the federal government, a state or a tribe) now depends on the Native or non-Native status of the alleged offender and victim, the type of offense and where it is said to have occurred, among other factors. Fair, impartial and clearly defined judgments are absent, and judges openly acknowledge it. ​“Ask virtually any United States District Judge presiding over cases from Indian Country whether the Federal Sentencing Guidelines are fair … and I believe the answer would largely be the same: No,” U.S. District Court Judge Charles B. Kornmann wrote in an article in the Marquette Law Review.

“I find it gut-wrenching when I am asked by a family member of a [Native] person I have sentenced why Indians [receive] longer sentences than white people who commit the same crimes in the same location,” says Judge Ralph R. Erickson.


CASES IN POINT


Attorney Charles Abourezk, now chief judge of the Rosebud Sioux Tribe Supreme Court in South Dakota, was part of a legal team that successfully defended tribal council members of the nearby Pine Ridge Indian Reservation. U.S. authorities had charged the council members in the early 2000s with ​“felony failure to pay rent,” arrested them very publicly, and dragged them out in ankle chains, Abourezk said. If convicted, each faced as many as 25 years in federal prison. At issue was how the council members had calculated rent for on-reservation properties, some of which they rented themselves. The members calculated prices according to market value, but the federal government claimed they should have figured the charges based on a renter’s income. If they had, they would have likely owed more for the properties they were renting. According to the federal government, they were in arrears and should be imprisoned.

To non-Natives, the melodrama of the charges, threatened sentences and arrests may sound preposterous. They’re not, says Joseph Holley, chairman of the Te-Moak Tribe of Western Shoshone Indians in Elko, Nev. Because a tribe’s reservation is held in trust by the federal government, Holley explains, something seemingly innocuous can be magnified into a federal offense. After years of drama, a judge dismissed the charges against the Pine Ridge tribal council members, noting the United States abolished debtors’ prisons long ago. The U.S. Attorney’s Office in South Dakota declined to comment, according to victim witness specialist Ace Crawford.

In a 2021 report from DOJ, ​“Indian Country Investigations and Prosecutions,” Attorney General Merrick Garland declares the department is ​“committed to partnering with Tribal communities, governments, courts, and law enforcement agencies to help reduce crime and support victims.” To this end, DOJ has given tribes grants, access to national information resources and more. The DOJ report also describes the impossibility of accurately documenting the efforts or determining their impact on Native people. When the Sentencing Commission met recently, it noted that crafting solutions required data it didn’t have— especially from states with large Native populations. So it would be impossible ​“to complete a robust comparison of the sentences received or served by non-Indian and Indian defendants in federal and state courts,” according to the commission’s Tribal Issues Advisory Group.

Addressing sentencing disparities would also require addressing the justice system’s vengeful approach to Indigenous people. Consider the cases of Lezmond Mitchell and Leonard Peltier. After a trial beset by investigative and procedural failures, the federal government convicted Navajo Nation citizen Mitchell of ​“carjacking resulting in death” in 2001. In August 2020, the United States executed Mitchell. Mitchell’s tribe opposes the death penalty on cultural grounds and had asked for Mitchell to be sentenced to life without parole. Instead, he was caught up in the Trump administration’s execution binge. In resuming federal executions after a 17-year hiatus, the administration killed more prisoners than any other administration in the previous 120 years.

The case of prominent Native activist Leonard Peltier is another debacle. With fabricated evidence and shifting charges, Peltier was convicted in 1977 of aiding and abetting murderers who had themselves been acquitted. Peltier, who is of Anishinaabe, Lakota and Dakota descent, was sent to federal prison. He has remained there for nearly half a century. Pope Francis, the late Archbishop Desmond Tutu, the Dalai Lama and others worldwide have called for Peltier’s release.

In 2021, retired U.S. Attorney James Reynolds, who prosecuted Peltier, wrote to President Joe Biden, saying he now realizes Peltier’s conviction was shaped by ​“the prevailing view of Native Americans at the time.” He urged the president to grant Peltier clemency and ​“take a step towards healing a wound that I had a part in making.” Peltier’s petition for clemency is again under review, according to DOJ’s Office of the Pardon Attorney. Peltier’s attorney, Kevin Sharp, says he is ​“more hopeful than ever that something positive will happen.” Sharp credits his optimism to recent public outcries for clemency, along with publicity for gatherings outside the White House in September 2023 for Peltier’s 79th birthday.


JURISDICTIONAL ANOMALIES


While the federal government pursues Natives with allegations of even minor crimes, it ignores many serious crimes occurring on their homelands. Joseph Holley of the Te-Moak Tribe of Western Shoshone Indians puts it plainly: ​“There’s no definitive line about how [Native] people are going to be treated by the law.” This unpredictability destroys confidence in the justice system, says Tanya Reynolds, council member of the Te-Moak Tribe’s South Fork Reservation, in Spring Creek, Nev.

Restrictions on tribal jurisdiction have made Native nations into crime magnets, attracting non-Native criminals expecting to operate without scrutiny. American Indians and Alaska Natives are more than twice as likely as all other races to be victims of violent crime, often at the hands of non-Natives, according to the Association of American Indian Affairs and the National Institute of Justice. Amnesty International has found that about 30% of Native women are raped in their lifetime and are more than twice as likely to be raped as white women; about 86% of the perpetrators are non-Native men. Wyn Hornbuckle, deputy director of DOJ’s Office of Public Affairs, wrote in an email to In These Times that the justice department’s ​“efforts to enhance public safety and sovereignty of Native Americans … accelerated significantly after the passage of the Tribal Law and Order Act in 2010 and continue today.” That law aims to, among other things, increase the number of law enforcement officers on tribal lands.

Luella Brien, the Apsáalooke founder and editorin-chief of Four Points Press, covers news on her Crow Reservation, in southeastern Montana. She knows of dangerous non-Native perpetrators — drug dealers, human traffickers and more — hiding out on reservations. Thanks to limits on tribal jurisdiction, she says, ​“Non-Native criminals feel safer on the reservation.” William Main, of the Aaniiih and a former chairman and tribal-court lay advocate of the Fort Belknap Indian Community in north-central Montana, reports that non-Natives tell him, ​“reservations are havens for criminals.” He agrees, explaining ​“It’s not the Indians [they’re] a haven for.” There aren’t enough federal agents, says Main, and they are slow to respond to emergencies. The Oglala Sioux Tribe, of the 3.1-million-acre Pine Ridge Indian Reservation, sued the Bureau of Indian Affairs (BIA) in 2023 over inadequate policing for its 30,000 members. Only about 30 officers and seven criminal investigators patrol an area nearly the size of Connecticut. The business committee of the Ute Tribe, of the Uintah and Ouray Reservation, tells In These Times that, at most, three BIA officers patrol its 4.5 million acres in Utah.

The Supreme Court upheld the limitations on tribal jurisdiction in 2021 in United States v. Cooley. The lawsuit was based on the events of a cold February night, when a tribal police officer came upon a truck stopped on a lonely Crow reservation highway. The officer wondered if the vehicle’s occupants needed assistance. What he found was a non-Native driver with red eyes, slurred speech, bags of meth, wads of cash, loaded guns and a toddler. The officer contacted state and federal officials, and the driver was eventually charged in federal court with drug trafficking. His lawyers convinced lower courts that the tribal officer had exceeded his authority. The Supreme Court disagreed, saying the tribal officer could apprehend the driver — as long as he handed him over for further investigation. In sum, the federal government doesn’t protect tribal communities, and the tribes aren’t allowed to, according to attorney Brett Lee Shelton, responsible for the Indigenous Peacemaking Initiative of the Native American Rights Fund. ​“Undoing the Major Crimes Act and related laws and court decisions is essential,” says Shelton, who is from the Oceti Sakowin Oyate (Great Sioux Nation) and enrolled in the Oglala Sioux Tribe. Getting the federal government to reverse course will not be easy. For decades, it has supported tribal self-determination in education, healthcare, environmental regulations and more — but not criminal law, Shelton says, adding that determining the needed resources for that would be a massive, community-by-community effort.
Amnesty International has found that about 30% of Native women are raped in their lifetime and are more than twice as likely to be raped as white women; about 86% of the perpetrators are non-Native men.

CIRCLES OF TRADITIONAL JUSTICE

The way the Rosebud Sioux Nation handled the killing of Spotted Tail — before the U.S. government got involved — is an example of Indigenous justice. Also known as peacemaking, Shelton says these approaches prioritize healing. They were once emblematic of Native communities worldwide, and many — in the United States, Canada, Australia, New Zealand and beyond — are reviving them as far as national law allows. ​“We tend not to throw people away — to throw them into prison,” says Shelton. He adds that Indigenous cultures understand that a misdeed arises from imbalance, which can be corrected through restitution, apologies and community service. ​“We ask what we can all do together to help each of the people involved.” The goal is healing perpetrator, victim and community.

The success of this approach is apparent when comparing recidivism rates between recipients of federal sentencing and of traditional Indigenous justice. The Federal Bureau of Prisons reports 45% of released prisoners are back in custody within a few years. In contrast, Shelton says, compliance rates in the United States for peacemaking participants tend to be in the 90% range. Laurie Vilas is a peacemaker with the Mille Lacs Band of Ojibwe in Minnesota. A citizen of the White Earth Nation, also in Minnesota, Vilas welcomes those involved in a case into a circle. This approach is based on time-honored Indigenous talking circles, in which each person talks in turn, uninterrupted, then the group seeks consensus. She encourages participants to craft their collaborative decision making with essential Indigenous values — love, respect, courage, honesty, humility, wisdom and truth. By holding onto their traditional values, Indigenous communities have endured unimaginable depredations. ​“They’ve tried in every way, shape and form to get rid of Natives,” says Reynolds of South Fork. ​“They have not succeeded.”

The Native American Rights Fund and Indigenous Peacemaking Institute provided source material for this article.

Please consider supporting our work.


STEPHANIE WOODARD is an award-winning human-rights reporter and author of American Apartheid: The Native American Struggle for Self-Determination and Inclusion.

Friday, August 25, 2023

 

The Band's Robbie Robertson leaves 

behind a legacy of rich, worldly music

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Author: Alexander Carpenter, Professor, Musicology, University of Alberta

When Robbie Robertson died on Aug. 9, his death was well-covered by the media, from mainstream news outlets to a wide variety of music magazines, and across the blogosphere. Robertson died at age 80 after a long illness.

In most cases, Robertson’s legacy was afforded a very appreciative but overall sober analysis. This is not always the case, of course, when a “legend” passes away: in the aftermath of Gordon Lightfoot’s death, for example, critics and commentators piled the praise high and deep, with little care for objective evaluation.

Canadian musician, American music

Robertson was, like Lightfoot, a Canadian-born musician of considerable renown, but it seems to me that his death has provoked a very different response.

While one can readily find references to Robertson as a “Canadian music legend” — and even a tweet from Prime Minister Justin Trudeau lauding Robertson as “a big part of Canada’s outsized contributions to the arts” — most eulogies do not dwell or try to force the issue of music and national identity into the foreground.

Even Trudeau’s comments seem rather generic and half-hearted compared to his effusive praise for Lightfoot as one of Canada’s “greatest performers” who “captured the Canadian spirit.”

To do the same for Robertson — who made his name in the American music scene — would be ridiculous.

Robertson and Lightfoot were of the same vintage. They were born within five years of each other, in southern Ontario, and had a similar musical pedigree. Both started writing songs and performing quite young. Both were in the orbit of Toronto-based rock'n'roll legend Ronnie Hawkins (who fronted The Hawks, the pre-fame incarnation of The Band). And both enjoyed long careers that included recognition from the Canadian Songwriters Hall of Fame.

Indeed, both men have been celebrated as great songwriters, but the essential difference, it seems to me, is that Robertson was a more cosmopolitan, eclectic and versatile performer and composer. And unlike Lightfoot, Robertson couldn’t read or write music.

Touring with Dylan

Robertson’s stint as part of Bob Dylan’s band through the mid-1960s, as Dylan toured the world with a new, electrified sound, was surely part of this cosmopolitanism. After leaving Dylan, this supporting band would become The Band, with Robertson as its chief songwriter.

The Band would go on to make an indelible mark on the history of rock. The group’s loose, raw sound and seamless blending of styles, from rock, soul, rhythm and blues to gospel country and roots, would influence other superstar performers — notably Eric Clapton — to strip down their own musical approach, and develop a new, more authentic aesthetic (Robertson and Clapton would go on to collaborate a number of times).

The Band’s most successful songs — “The Weight,” “Life is a Carnival,” “The Shape I’m In” — were all written by Robertson, and are the songs most often covered by other artists.

The Band would become famous for its first two albums, 1968’s Music from Big Pink and The Band, released the following year. They would go on to record a total of 10 studio albums.

The Band performed at Woodstock and other major festivals in the U.S. However, Robertson would effectively leave the group in 1976: he was tired of touring and was reluctant to work with the other members due in part to their heroin addictions.

By the time Robertson stopped touring and recording with The Band, he had been producing albums for other musicians — including Neil Diamond — and was on his way to becoming a successful film producer as well. The Band would continue recording and performing live well into the late 1990s — without Robertson — finally breaking up for good when bass player Rick Danko died in 1999.

Robertson undertook his own solo career in the late 1980s, recording and releasing six solo albums between 1987 and 2019.

Composing for film

Of course, Robertson also differed significantly from Lightfoot in that he had a long and successful career as a composer for films.

Robertson collaborated with director Martin Scorsese for nearly half a century, serving as Scorsese’s music consultant and composer for many of Scorsese’s movies. Robertson was credited in almost 20 Scorsese films, if you include Robertson’s performance in The Last Waltz, the 1976 film Scorsese made of The Band’s final concert with its original line-up.

A paradoxical figure

Robertson, ultimately, was something of a paradoxical figure. He was Canadian-born and cut his teeth in the Toronto music scene. But he ended up first backing up the quintessentially American folk music legend Dylan, and then becoming the primary creative force in a group — The Band — whose sound was rooted in American music, and especially the musical traditions of the American south.

Robertson also had a different connection to place than his fellow Canadian Lightfoot, having been born on a reserve to a Mohawk and Cayuga mother. Robertson’s love of music was catalyzed by the musical culture on the reserve, and his music continued to reflect these deep roots well into his later years. This happened most notably as part of his collaboration with Indigenous musicians for the 1994 documentary soundtrack Music for the Native Americans.

Robertson’s birthplace and ethnic background — Canadian-born, half-Mohawk/Cayuga, half-Jewish — lent itself from the start to what would become Robertson’s signature approach to song composition. Robertson favoured cultural blending and border-crossing, ignoring genre boundaries and creating something new and engaging out of a patchwork of possibilities.

In its obituary for Robertson, the New York Times went so far as to highlight the paradox of Robertson and his music by crediting him as the “Canadian songwriter” who created the “Americana” genre.

Lightfoot, to my ear, was a songwriter who wrote country-folk tunes that were very much of their time, and that fans and critics sometimes shoe-horned into “Canadiana.” Robertson, by contrast, was a fellow Canadian, and wrote music that was worldly, richly textured and without borders.

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Alexander Carpenter does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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This article is republished from The Conversation under a Creative Commons license. Disclosure information is available on the original site. Read the original article: https://theconversation.com/the-bands-robbie-robertson-leaves-behind-a-legacy-of-rich-worldly-music-211405

Alexander Carpenter, Professor, Musicology, University of Alberta, The Conversation

Robbie Robertson: A Transcendent Musician Who Bridged Cultures, But Never Forgot his Native Roots

A young Jaime Royal "Robbie" Robertson on the Six Nations of the Grand River reserve near Brantford, Ontario in the 1940s.


BY LEVI RICKERT AUGUST 15, 2023


Opinion. Music icon Robbie Robertson (Mohawk/Cayuga) walked on last week after a long illness at the age of 80. His manager of three decades, Jared Levine, said Robertson was surrounded by his family as he moved to the spirit world. 

He was born Jaime Royal Robertson on July 5, 1943 to Rosemarie Dolly Chryler, a Cayuga and Mohawk woman. For the first six years of his life, Robertson, an only child, grew up on the Six Nations Reserve, an hour’s drive from Toronto. He often said later in life that when he was a kid, everyone he knew on the reserve played an instrument. “All my cousins, my uncles,” he said. “And I thought, I’ve got to do this.” 

In his teens, his mother told him that James Robertson, the man she had married while pregnant, was not his biological father. His natural father was a Jewish man named Alexander Klegerman, who died in a highway accident before he was born. 

Given the long history of Native Americans and Jewish people suffering injustices, Robertson wrote about himself in his memoir, Testimony, “You could say I’m an expert when it comes to persecution.”

Perhaps this expertise helped fuel his extraordinary talent as a songwriter and musician. His contributions to popular music have made him one of the most renowned songwriters and guitarists of his time. In the 1960s, he rose to worldwide fame touring with Bob Dylan as part of the Minnesota singer-songwriter’s backing band, which eventually became known as The Band. 

The Band’s blend of traditional country, folk, blues, rock and some occasional old-time music won them critical acclaim in the late ‘60s and early ‘70s, laying the foundation for roots music that later became known as “Americana” — which is slightly ironic given that Robertson and three of his four other Band-mates were born in Canada.  

After The Band broke up, Robertson embarked on a solo career that included solo records, soundtracks, a memoir and a handful of film appearances. He maintained a 55-year working relationship with Martin Scorsese, writing scores for the award-winning filmmaker’s Raging Bull (1980), The King of Comedy (1983) and Casino (1995), among others. Robertson’s last collaboration with Scorcese was to craft the music for the upcoming Killers of the Flower Moon, which follows a string of murders of Native people in 1920s Osage County.

What is particularly great about Robertson, who gained worldwide fame as a multi-talented music artist, was that he never forgot who he was as a Mohawk and Cayuga person. In 1994, he teamed with the Native American group called the Red Road Ensemble for Music for the Native Americans, a collection of songs composed for a television documentary.  

In 1998, he released Contact from the Underworld of Redboy, an album that blended Aboriginal Canadian music with electronic, trip hop and modern rock sounds. The album demonstrated his true ties to his Native American heritage and his support of the mission of the American Indian Movement.

One particular song on the record, Sacrifice, highlighted the plight of Native American activist Leonard Peltier, who was serving two life sentences in prison for a crime he did not commit. The song mixes traditional singing and drums with Robertson’s own voice singing the chorus and a recording from a phone call with Peltier in prison, where the Lakota man tells his story: 

“My name is Leonard Peltier
I am a Lakota and Anishnabe
And I am living in the United States penitentiary
Which is the swiftest growing
Indian reservations in the country
I have been in prison since 1976
For an incident that took place on the Oglala-Lakota Nation.”
 

Robertson amplified Peltier’s story in interviews with the press, telling Rolling Stone magazine: “Of the three people who were charged, the other two were found not guilty by means of self-defense. When that happened, the authorities said ‘Hold on, what’s happening here? Who do we have left?’ Leonard was the one who hadn’t been put on trial. They hand-picked the judge, they moved his trial to another state — he was a sacrificial lamb.” 

Peltier remains imprisoned. His attorney, Kevin Sharp, told me on Saturday night that Peltier has been in lockdown for some time and believes Peltier may not even have known of Robertson’s passing.

On Friday, the American Indian College Fund issued a statement about Robertson’s passing: “Robertson’s Indigenous heritage had a profound impact on his music, and he continued writing and exploring his heritage through music. He said he supported the American Indian College Fund because of its wide reach across Indian Country and ability to help Native communities through education.

“They’re the best charity in Indian Country,” Robertson said in a 2007 press release after he teamed with Martin Guitars to create a limited edition guitar modeled on the 1919 Martin he used to write the Band’s hit single “The Weight.” Sales of the special edition helped benefit the American Indian College Fund.

Even as he rose to worldwide fame, Robertson never forgot his roots as an Indigenous man, who also happened to be part Jewish, part Canadian, and an architect of American music in the 1970s. Like his music, Robertson was transcendent, a one-of-a-kind mix of bloodlines, influences, styles and life experiences who gave so much to the world—throughout all of Indian Country and far beyond.

Thayék gde nwéndëmen - We are all related.


Saturday, December 10, 2005

Political Prisoners USA

Dec. 10 is the International Day for Human Rights a celebration of the 1948 UN Declaration of Human Rights. In the United States one of the fundamental freedoms denied its citizens is the right not to be murdered by the State. Like they did to Joe Hill.

The Death Penalty continues to exist and be used against Political Prisoners. I am speaking here in particular of Leonard Peltier and Mumia Abu Jamal.
By DAVE LINDORFF; December 7, 2005 - Counterpunch

The recent high profile case of Tookie Williams and his pending execution in California has once again raised the question of the State Terror and the oppression of peoples of colour and their struggles against the Empire of Capitalism.

On this day we should not forget them. As the old Wobbly slogan goes; We are in here for you. You are out there for us.


“This has been one of the hardest years of my imprisonment, it might not
be the most brutal physical hardship that I have had to endure, but at
my age and with my poor health it was extremely difficult. The almost
two months “in transit” from Leavenworth to Lewisburg were sheer
torture, and I am alive today only because of those of you who supported
me and moved heaven and earth to get me out of solitary confinement.
During the time of my transfer odyssey Calvin Jumping Bull passed on and
immediately after that my brother Steve Robideau went. One of the
heaviest burdens to bear is that so many of my friends and family have
passed on to the spirit world without me being able to say goodbye, or
see them for the last time. Now I am told that at this point one of my
elders, Russell Loud Hawk, has survived a most critical surgery after an
automobile accident and his chances were very slim. His strength and the
strength of all my people, who live in the starkest conditions, in this
country that consumes twenty five percent of the world’s resources, and
overcome unimaginable challenges every day living under siege, gives me
the encouragement that I need to still walk tall behind these oppressive
walls. My body, my spirit, and my heart keep getting pounded but I am
not giving up. I will never give up and those of you who accompany me in
this hard struggle mean the world to me, I could not walk this
treacherous road alone.




Thursday, January 13, 2022

Ottawa admits B.C. man robbed of justice after extradition to U.S. for Wounded Knee execution

"It’s a travesty of justice...When the FBI came to me in 1987 and 1988, they threatened me if I didn’t cooperate with them."


Author of the article: Ian Mulgrew
Publishing date :Jan 12, 2022 • 
Naneek Graham with a photo of her father John in Vancouver Jan. 11, 2022. B.C. resident John Graham is appealing his extradition to the United States. Graham, a former Yukoner who lived in Vancouver, is accused of killing Anna Mae Pictou-Aquash,a Mi'kmaq activist from Nova Scotia,in 1975 during protests in South Dakota. 
PHOTO BY ARLEN REDEKOP /PNG
Article content

John Graham sees himself as little different than the 19th century Ghost Dancers blamed for the original massacre at Wounded Knee — a scapegoat, only this time for the violent American Indian Movement and the 1973 standoff at the iconic Indigenous site.

Extradited more than a decade ago and later convicted in the blood-soaked South Dakota Badlands execution of Anna Mae Pictou Aquash, a 30-year-old Nova Scotia Mi’kmaq woman, Graham maintains his innocence.

Ottawa admitted in the B.C. Court of Appeal this week the now 67-year-old was robbed of procedural fairness by a previous Conservative justice minister in 2010 who amended the original extradition order via a waiver without telling him.

In a brief interview Wednesday from the South Dakota State Penitentiary in Sioux Falls, Graham said he hadn’t been able to watch the two-day Zoom hearing.

He spoke of it giving him hope but exhaled with bitterness:

“I’ve been incarcerated since 2007. I’ve been fighting this case since my U.S. federal indictment in 2003. …They always knew they came to Canada with a defective indictment, without jurisdiction on this case, but they came anyway. … They duped my defence lawyer and the court into this extradition. … I don’t know what to think about it all. It makes me sick to think about it. … I’ve never had a voice, I’ve never been heard.

“It’s a travesty of justice. It’s a miscarriage of justice. …When the FBI came to me in 1987 and 1988, they threatened me if I didn’t cooperate with them. They offered me an immunity deal. I told them I didn’t need immunity, I’ve never done anything where I would need immunity. The theory they laid out, that people in the leadership of AIM ordered Anna Mae to be killed, that never happened. Never ever happened. Not with me, it didn’t.”

He searched for words: “I’ve lost family members, I’ve lost my parents. My youngest daughter is fighting for her life with cancer. I’ve lost nephews. I’ve lost relations. I should be at home with these things.”

Naneek Graham holds a photo of her father John in Vancouver Jan. 11, 2022. B.C. resident John Graham is appealing his extradition to the united states. Graham, a former Yukoner who lived in Vancouver, is accused of killing Anna Mae Pictou-Aquash,a Mi’kmaq activist from Nova Scotia,in 1975 during protests in South Dakota. 
PHOTO BY ARLEN REDEKOP /PNG

Born in Whitehorse, Graham is a member of the Southern Tutchone Champagne and Aishihik First Nations.

His daughter, Naneek, moved to Vancouver from Yukon in 2004 to support her father and act as a surety. His five children have been behind him throughout.

Naneek was afraid to hope, too, after sitting through the hearing.

“I went through this before,” she confided. “God, I feel like I hold my breath. Just anxious. It’s a waiting game of not knowing. It’s hard because I went through this before and we had such a bad outcome before. It’s hard for me to let myself get too ahead of myself. I just have to wait.

“It’s just so frustrating and aggravating to be honest. It took me a long time to be able to speak about it. I was just so hurt. I was so angry, so angry I could feel it coming out of my pores. Just being angry about the government on both sides. My dad’s rights were breached big time and he was taken away from us. … They just took him, we didn’t get to say goodbye to him, give him a hug or anything. It was really hard on my sister and I. Then when we got down there, the lawyers put on a big show while my dad was being railroaded the whole time.”

The case rips a scab off an old and deep Canadian legal wound — the decision in December 1976 to extradite AIM leader Leonard Peltier based on evidence fabricated or pressured out of witnesses.

Peltier was convicted in 1977 of the first-degree murder of two FBI agents during the 1975 shootout following the notorious AIM occupation at the site of the U.S. Seventh Cavalry’s 1890 massacre of Oglala Lakota Sioux on the Pine Ridge Reservation.

Aquash was shot in the back of the head in 1976 supposedly because she heard Peltier confess.

At the turn of the century, new information surfaced about her slaying and indictments were issued against Graham and Arlo Looking Cloud, an AIM comrade.

Looking Cloud was convicted in 2004 and sentenced to life imprisonment.

Graham was arrested in Vancouver on Dec. 1, 2003, but released on strict conditions while he waged a high-profile battle against extradition. He was returned to the U.S. on Dec. 6, 2007.

After two years of trying to proceed in federal court, however, American prosecutors asked Ottawa to agree to allow Graham to be tried in state court because the justice department lacked jurisdiction.

Graham did not see the decision until August 2011, after he was convicted in the killing of Aquash, a mother of two young girls and a fellow AIM soldier reportedly suspected of being an FBI informant.

A jury acquitted Graham of premeditated murder but convicted him of felony murder and he was sentenced to life imprisonment without parole. His conviction was confirmed on appeal.

Upon learning of the justice minister’s decision, Graham challenged the validity of his extradition and the lawfulness of his subsequent trial.

The U.S. Eighth Circuit Appeal Court said in 2018 it did not have jurisdiction to review the Canadian minister’s decision and Graham must first deal with that before an American court could act.

He remained skeptical he will see freedom:

“Because I won’t lie for the FBI they want me to die in prison, they are trying to make me die in prison. They’ve never produced a case. They have a theory of a case but they have never proven anything. They can’t even place me in the state when this happened. I wasn’t even in South Dakota when this crime happened. I keep telling them over and over. It’s a manufactured case. It’s a fraudulent case.”

He fumed.

“The only people right now really suffering from this case is me and my family. I ask the judges and the minister to put a stop to this. Put a stop to it.”

The panel appeared to agree the waiver should be quashed but the remedy for such breaches usually includes asking the minister to reconsider.

That gave the justices pause because federal lawyers characterized what happened as a kind of technical glitch while robustly dismissing the merits of any argument Graham might raise.

They insisted though that should not suggest the minister had a closed mind.

Graham would be happy to have the waiver simply quashed so he could use the ruling to ask a U.S. court for release.

The division reserved its decision.

Saturday, November 26, 2005

Stop the Extradition!

Joseph Pannell's wife vows to fight extradition
He's accused of shooting Chicago police officer

Have we learned no lessons from the illegal kidnapping and extradition of Leonard Peltier from Canada.

Now again on flimsy or non-existant evidence the US government is attempting to extradite another political refugee from Canada to stand trial in the U.S.

For what, defending himself against a racist cop and a campaign to destroy the Black Panthers which was organized at the highest levels of the state.

This is madness. He cannot be assured of a fair trial anymore than Leonard was, who rots in jail still, suffering retribution at the hands of the FBI.

The Minister of Justice must overturn this court decision. It is a travesty of Justice.

Alleged Black Panther to be extradited

TORONTO -- A man accused of being a militant Black Panther who shot and paralyzed a Chicago police officer more than 35 years ago was ordered extradited on Friday but won't be facing American justice anytime soon.

An Ontario judge ruled that Joseph Pannell, a married father of four who has lived in the Toronto area for more than two decades, must return to the United States to face charges of attempted murder for the 1969 shooting of police officer Terrence Knox.

"The ruling speaks to the inherent frailties in the system we have for extradition," Falconer said.

"The question is why a Canadian court is left in the position where our own system gives us almost no right or opportunity to assess the reliability of the information by which we're extraditing him."

Pannell, who was 19 at the time of the shooting, has never denied shooting Knox, who was then 21, but said it happened in self-defence after the police officer attacked him.

"African-American males in the city of Chicago were under siege by police," Falconer said of the political conditions at the time.

Pannell's lawyers argue there are major inconsistencies in Knox's version of what happened March 7, 1969. They also say much of the evidence has long been destroyed, and Pannell could not get a fair trial in the U.S.

The Murder of Fred Hampton

The activities of the Black Panthers in Chicago came to the attention of J. Edgar Hoover and the FBI. Hoover described the Panthers as "the greatest threat to the internal security of the country" and urged the Chicago police to launch an all-out assault on the organization. In 1969 the Panther party headquarters on West Monroe Street was raided three times and over 100 members were arrested.

In the early hours of the 4th December, 1969, the Panther headquarters was raided by the police for the fourth time. The police later claimed that the Panthers opened fire and a shoot-out took place. During the next ten minutes Fred Hampton and Mark Clark were killed. Witnesses claimed that Hampton was wounded in the shoulder and then executed by a shot to the head.

The panthers left alive, including Deborah Johnson, Hampton's girlfriend, who was eight months pregnant at the time, were arrested and charged with attempting to murder the police. Afterwards, ballistic evidence revealed that only one bullet had been fired by the Panthers whereas nearly a hundred came from police guns.

After the resignation of President Richard Nixon, the Senate Intelligence Committee conducted a wide-ranging investigation of America's intelligence services. Frank Church of Idaho, the chairman of the committee, revealed in April, 1976 that William O'Neal, Hampton's bodyguard, was a FBI agent-provocateur who, days before the raid, had delivered an apartment floor-plan to the Bureau with an "X" marking Hampton's bed. Ballistic evidence showed that most bullets during the raid were aimed at Hampton's bedroom.