Who Should Get a Presidential Pardon but Won’t!
President Joe Biden has pardoned his son, Hunter, after having repeatedly promised that he would not. Biden justifies this act based upon his presumption (likely accurate) that Hunter’s denial of a plea deal was on account of political opposition from Trump Republicans. Nevertheless, Hunter’s consideration for a lenient plea deal was undoubtedly influenced by his status (white privileged son of a prominent politician), whereas such leniency would be far less likely to be considered for a poor racial minority person guilty of similar crimes likewise motivated by the stresses of drug addiction. Similar favoritism for family members manifested: with Bill Clinton’s pardon for his half-brother’s drug-crime conviction, and Donald Trump’s pardon for his son-in-law’s father’s conviction of tax evasion and witness-tampering. Both Presidents Bush gave pardons to close political associates. In fact, who does or does not receive leniency (including pardons) is determined almost entirely by class privilege or lack thereof.
Abuse and impunity.
Especially concerning, in the Hunter Biden case, is that said pardon preemptively covers all possible federal crimes with which Hunter could possibly be charged, if committed at any time during the past 11 years. And there are unresolved questions concerning his shady business dealings during Joe Biden’s Vice-Presidency. Moreover, unlike Biden, previous Presidents (including Trump) had (with the exception of the political crimes of one ex-President) always followed precedent by limiting their pardons to crimes for which the accused had been actually prosecuted. Biden now sets a corrupt example which Trump will almost certainly copy as he (Trump) pardons those whose yet-to-be-charged crimes (including violent ones) were perpetrated by his supporters.
Meanwhile, crimes perpetrated by Joe Biden and other US government decision-makers against people of color in other countries get, not lenient treatment, but absolute impunity. Among their never-to-be-prosecuted crimes, Biden (and Harris) are full participants with the fascist settler-colonialist state in its genocidal mass murder, rooted in their de facto embrace of the proposition that Zionists are entitled to treat the resistant indigenous population of Palestine as white American expansionists had treated the indigenous nations of this continent.
As for the liberal left, they (being more concerned over possibly somewhat increased repression of liberal dissent in the US than over actual US-backed fascist repression and mass murder elsewhere) shelved their anti-racism and anti-imperialism as they campaigned for the center right Harris-Walz-Cheney-Bolton ticket. Left liberal fervor to elect the Democrat ticket was despite: Biden-Harris and other centrist Democrat politicians’ complicity in the existing domestic repression of pro-Palestine and other anti-imperialist dissent, as well as their decision to obstruct access to due process for most migrant and asylum-seeking people of color. Thusly the liberal left has given its allegiance to centrist Democrat politicians, whose opposition to racism and repression is, like that of Trump, entirely expedient and selective.
Will Biden provide clemency for US prisoners who are not of the privileged class? Consider the US political prisoners, unjustly convicted in rigged political trials, victims who have languished for decades in US prisons! As these were prosecuted on account of their having acted in opposition to the regime to which Biden et al are committed, it is very unlikely that Biden will pardon them. Three current examples follow.
[1] Extraordinary prosecution: Ricardo Palmera
Context. Colombia has been almost continuously torn apart by civil war since 1948 when Jorge Eliécer Gaitán (the populist Liberal Party candidate for President) was assassinated by a lone gunman. As a proponent of land reform and with a history of advocacy for workers’ rights, Gaitán had incurred the enmity of the ruling elites and of US-based transnational capital. At the time of his assassination, he was opposing the US project for the formation of the Organization of American States which would be a tool for facilitating US domination and for suppressing “Communist” influence in Latin America. The assassination provoked armed civil conflict among political factions. Eventually, rightwing forces gained control of the Liberal Party which then entered into a ruling coalition with the Conservative Party. The conflict then evolved into one between:
- the central government (controlled by the oligarch-dominated ruling coalition and relying upon police, armed forces, and right-wing paramilitaries); and
- leftist guerrilla armies.
The latter eventually consisted mainly of:
- the Revolutionary Armed Forces of Colombia [FARC] which had begun as an offshoot of the Colombian Communist Party, and
- the National Liberation Army [ELN].
Both sides in this civil war had engaged in practices which were widely condemned as human rights violations: the FARC for ransom kidnappings and extortions; the government (and its rightwing paramilitary death squads) for brutal repression, torture, and assassinations of peasant and labor leaders and other noncombatant left-leaning activists. The two sides had sometimes engaged in peace talks. While a negotiated truce was in effect from 1984 until 1987, leftist groups (including the FARC) formed the Patriotic Union [UP] to seek social and political reforms thru peaceful political processes. In the 1986 elections UP candidates achieved victories in many of the local contests. The ruling oligarchs became alarmed, and over the following years some 4,000 to 6,000 UP members (including its 1986 and 1990 Presidential candidates) were murdered (with near-universal impunity) by rightwing paramilitaries backed by oligarchs. The US has actively intervened (since 1964) with material assistance to the armed forces of the central government. In 2004 the US targeted FARC negotiator Ricardo Palmera.
Ricardo Palmera (a.k.a. Simón Trinidad) had worked as a professor of economic history and had participated in the 1986 UP election campaign. As the death squads assassinated leftist leaders and activists with impunity, Palmera decided (in 1987) to join the FARC. He rose to a position of leadership and served as a negotiator for the FARC during the 1998 to 2002 peace process. He went to Quito, Ecuador (in 2004 January) to meet with James Lemoyne, a United Nations special advisor on peace processes to facilitate a prisoner exchange. At the behest of the CIA, the Ecuadoran government arrested Palmera and turned him over to the Colombian government, which then conspired with the US (which had no charges against him at the time) to invent a case for his extradition for trial in the US.
The case. The US DoJ [Dept of Justice] then subjected Palmera to four illegitimate trials on inappropriate charges. Specifics follow.
(1) The US misclassified FARC revolutionaries as “terrorists”; but, under international law captured participants in a revolutionary civil war are entitled to prisoner-of-war [POW] status. By prosecuting Palmera for participation in the armed conflict, the US has violated his right to POW status.
(2) The prosecution charged complicity in hostage-taking based on the FARC’s shoot-down and capture of three US contractors on a reconnaissance mission over FARC-held territory in 2003. Thus, the prosecution misrepresented a legitimate act of war as being a crime.
(3) Even if the capture and detention of the contractors were a crime, the US had no jurisdiction over the area where the event occurred. Moreover, Palmera had no command authority over the relevant FARC forces or advance knowledge of their operations.
(4) The prosecution charged complicity in “narco-trafficking”, but US government sources had determined: that, although it taxed operators profiting from cocaine production, the FARC did not engage in or control Colombian drug trafficking; and that, meanwhile, many of the rightwing paramilitaries opposed to the FARC were employed by the drug traffickers. In four trials the DoJ was unable to get a conviction on this accusation.
(5) In the first trial (2006) the jury deadlocked on all charges. At its conclusion the judge illicitly questioned the jurors in order to obtain information to help the prosecution obtain convictions in the next trial. Consequently, a new judge had to be found for the subsequent trials.
(6) In the second trial the jury told the judge that they were at an impasse and unable to agree upon a verdict. The judge required them to continue deliberations until, after another four days, they consented to a guilty verdict on one of five counts – conspiracy to hold three US citizens hostage. However, there was no evidence of any act by Palmera that involved the capture or detention of the three US citizens. Consequently, this conviction could only be a verdict of guilt-by-association.
(7) The third and fourth trials on narco-trafficking charges ended with deadlocked juries, and the prosecution then dismissed those charges.
(8) In 2008 Palmera was sentenced to 60 years in prison. He has been held in solitary confinement with very limited access to his lawyer for nearly all of his 20 years in US detention.
[2] Repressing resistance in the First Nations: Leonard Peltier
Historical context. The US government has a long history of atrocious abuse of the indigenous nations and their peoples throughout its territory. These abuses include: genocidal wars, ethnic cleansings, coerced assimilation with suppression of the native languages and cultures, forcing their peoples into conditions of degrading poverty, imposition of fraudulent and inequitable treaties, subjugation as subordinate nations, routine violations of treaty rights, corrupt governance, theft of their land and resources thru outright seizures and thru imposition of inequitable leases to US capitalists, and so forth.
In mid-20th century, Amerindian resistance grew and produced a number of activist organizations. The American Indian Movement [AIM] (founded in 1968) adopted a militant posture and gained nationwide prominence. The poverty and lack of opportunity on reservations had induced many Amerindians to move to urban areas where they concentrated in urban slums and suffered the afflictions common to other disadvantaged racial minorities. AIM responded by starting remedial projects: health programs, education and job training programs, legal rights centers, and so forth. In 1969 AIM joined Fred Hampton’s original revolutionary Rainbow Coalition. During the next few years AIM brought public attention to Amerindian grievances thru participation in a series of militant protest actions including: the occupation of Alcatraz (1969—71), the Thanksgiving Day occupation of the replica Mayflower (1970), the occupation of Mount Rushmore (1971), a brief occupation of US Bureau of Indian Affairs [BIA] headquarters (1971), the “Trail of Broken Treaties” cross-country caravan and protest which included the occupation of the BIA offices (1972). The US Federal Bureau of Investigation [FBI] and DoJ decided that AIM was a “threat to national security” and set out to destroy it.
Repression on the Pine Ridge Reservation. Tribal members on the (Oglala Lakota) Pine Ridge Reservation in South Dakota had formed the Oglala Sioux Civil Rights Organization [OSCRO]:
- to seek justice for Oglala victims of racist attacks in neighboring off-reservation communities where the white perpetrators were routinely given impunity or biased leniency, even in murder cases; and
- to seek reform of tribal government then ruled by a corrupt and autocratic tribal Chairman, Dick Wilson, who engaged in blatant favoritism, with respect to jobs and other benefits, for his relatives and cronies.
In 1973 some tribal councilors brought misconduct charges against Wilson (who held the chairmanship from 1972 until 1976), and the tribal council then voted 11 to 7 to suspend him, but he managed to have his impeachment trial stopped. Wilson had already organized his own private militia, Guardians of the Oglala Nation [GOONs], which he illegally paid with tribal funds and used to suppress his political opponents. When several hundred Oglala gathered to protest the quashing of the impeachment trial, the BIA sent in a force of the US Marshals Service [USMS] to sustain Wilson’s position.
A few days after the foiled impeachment trial, some 200 local protestors and AIM activists occupied the remote Reservation village of Wounded Knee (site of the 1890 massacre of over 200 Lakota men, women, and children by a trigger-happy US Cavalry Regiment). Using the action to publicize Amerindian grievances, the occupiers demanded: the removal of Wilson, and negotiations to address US violation of its treaty obligations. USMS, FBI, and other police cordoned the area thereby creating a standoff with frequent shooting from both sides. After 71 days the occupiers ended the occupation and withdrew. One FBI agent, two occupiers, and one visitor had been killed; and 13 individuals wounded.
During and after the Wounded Knee siege, the Wilson regime and his GOONs intensified repression of his political opponents of whom more than 60 were killed during the following 3 years, while the Reservation’s homicide rate grew to 17 times the US average. Meanwhile, the DoJ indicted 185 individuals for alleged crimes involving their actions in occupying Wounded Knee; these included: arson, theft, assault, and interfering with federal officers. Numerous trials followed, the most prominent being the government’s 1974 show trial of AIM leaders, Dennis Banks and Russell Means. This (8 ½ month) trial ended when the judge ruled that the prosecution had committed such egregious misconduct, including withholding of evidence and use of perjured witness testimony, that dismissal was the only appropriate outcome. Nevertheless, the DoJ persisted in its persecution of AIM leaders.
From the start of the conflict between Dick Wilson with his supporters and his opponents (including OSCRO and AIM), the federal agencies (BIA, FBI, USMS, and DoJ) naturally sided with the Wilson regime which leased tribal lands to nearby white ranchers and politically influential American capitalists under inequitable contracts deemed unfair to reservation residents. The FBI provided Wilson’s GOONs with intelligence on AIM activists and other opponents of the Wilson regime and looked away while the GOONs assaulted, terrorized, and murdered Wilson’s critics. The FBI also perpetrated warrantless no-knock assaults on homes as it used the Pine Ridge Reservation to train its first militarized commando (i.e. SWAT) teams. Meanwhile, the FBI and DoJ targeted AIM members and supporters for prosecution on any and every possible charge. This hostile environment created the tension which eventually erupted into the shootout at the Jumping Bull Ranch. The DoJ ultimately obtained a fraudulent murder conviction against Leonard Peltier.
Subject events. In 1975 June 26, two FBI agents, Jack Coler and Ronald Williams, in unmarked cars were following a red pickup truck which they believed belonged to an Oglala alleged to have stolen a pair of cowboy boots. As they entered the Jumping Bull Ranch (where several AIM members were camped) shots were fired, and a shootout then ensued between the feds and the AIM activists. There were more than 30 people at the ranch including women, children, and other non-belligerents. By the end of the confrontation, the ranch was surrounded by some 150 armed agents (FBI, BIA, local police, and GOONs). Which side fired first is in dispute. Casualties: the two FBI men were wounded by fire from the AIM side and then killed execution-style by person unknown; AIM member, Joe Stuntz, was killed by a government sniper.
FBI investigators and DoJ prosecutors, embarrassed by their failures to obtain convictions of AIM leaders involved in the Wounded Knee occupation, responded by pursuing only prominent AIM members, the objective being to convict some AIM leaders on charges of having murdered the two FBI men. For this purpose, they indicted three prominent AIM members who had participated in the shootout, namely: Leonard Peltier, Robert Robideau, and Darrelle Butler.
Trials. In September Butler and Robideau were arrested. Peltier fled to Canada, where he was arrested and extradited to the US (1976 December). While Peltier was not yet in custody, Robideau and Butler were tried and acquitted (1976 July, with Judge McManus presiding) when their jury concluded that, with the level of violence and government intimidation on the Reservation, they could plausibly claim to have acted in self-defense during the exchange of gunfire.
Peltier was extradited and subjected to a rigged trial (in Fargo, ND in 1977) before an all-white jury which convicted him on two counts of first-degree murder. The judge then sentenced him to two consecutive terms of life imprisonment. The improprieties in the legal proceedings were as follows.
(1) The FBI coerced one, Myrtle Poor Bear, to allege in a signed affidavit that she had been Peltier’s girlfriend and had seen him kill the two FBI men. In fact, she had never met Peltier and was not present at the shootout. The FBI then used this false affidavit to obtain Peltier’s extradition from Canada.
(2) Ms Poor Bear recanted her allegations against Peltier, but the judge refused to permit the defense to present her as a witness (claiming: that she was too mentally unstable to provide competent testimony, and that exposure of the FBI’s extradition fraud would prejudice the jury against the prosecution). The judge also refused to allow the defense to present evidence of other cases where the FBI had been rebuked for tampering with evidence and witnesses.
(3) An FBI agent changed his story by testifying at trial that the vehicle, which the two agents had pursued and whose occupant had fired at them, was Peltier’s red and white van. In fact, the two FBI agents had identified the pursued vehicle as a red pickup truck, and it was red pickup trucks which the FBI first sought and searched after the shootout.
(4) The prosecution alleged at trial that the two FBI agents had been killed by Peltier’s AR-15 rifle. The prosecution also asserted that Peltier’s AR-15 was the only one present, but it was later compelled to admit to the appellate judge that several other AR-15 rifles were present in the area and possibly present at the shootout. An FBI ballistics expert testified that extractor marks on a shell casing found at the scene matched Peltier’s rifle; he also testified that a more accurate firing pin test had not been performed because of damage to Peltier’s gun. Some years after Peltier’s conviction, a FOIA request produced documentation of a pre-trial FBI ballistics test on the firing pin which proved that the shell casing had not been fired by Peltier’s AR-15. The DoJ had withheld this crucial exculpatory evidence from the defense during trial.
(5) No trial witness identified Peltier as the person who killed the FBI men. And during Peltier’s appeal (in 1986), the prosecution admitted that it had no real evidence to establish who fired the fatal shots. Nevertheless, the appellate court refused to overturn the conviction based on the prosecutor’s new assertion that the jury had found Peltier guilty of “aiding and abetting” the murders, notwithstanding that the prosecution had never actually pursued that issue at trial. Moreover, this allegation would have applied equally to Robideau and Butler, whose jury (having heard all of the defense case) had acquitted them.
(6) Other apparent violations of Peltier’s rights to a fair trial include: the arbitrary and never-explained replacement of the originally assigned judge (McManus) by another judge (Benson) more disposed to exclude evidence favorable to the defendant, an undisclosed FBI pre-trial meeting with trial judge Benson, infiltration of FBI informants into the defense team, the presentation of coerced testimony by juvenile witnesses who had been intimidated by the FBI, and the DoJ use of tactics to frighten and bias the jury by always transporting them to and from court under escort by a SWAT team.
Evaluation. Many organizations and individuals have examined the case and concluded: that the DoJ and federal courts violated Peltier’s right to a fair trial, that he was targeted and convicted for his political associations, that the government has no evidence that he committed the murders for which he was convicted, and that he should be immediately released from prison. These include: Amnesty International, the UN Commissioner for Human Rights, Robert F Kennedy Memorial Center for Human Rights, Southern Christian Leadership Conference, National Lawyers Guild, Center for Constitutional Rights, European parliament, Belgian parliament, Italian parliament, several Nobel Prize winners, and many other well-known advocates for human rights.
Frame-up in Milwaukee. 2 ½ years prior to the 1975 shoot-out, AIM activist Leonard Peltier, was sitting in a Milwaukee restaurant where 2 off duty cops (in 1972 November) picked a quarrel with him. Then, as he was leaving, the same 2 cops jumped and beat Peltier. They then arrested Peltier on a charge of attempted murder (of themselves) with what was later shown to be a nonfunctional gun. Fearing that he would be killed or railroaded to prison on perjured police testimony, Peltier obtained release on bond and then fled. In 1978, while in prison following his frame-up conviction for the premeditated murders of the two FBI agents, he was finally brought to trial on this “attempted murder” charge. At trial the girlfriend of one of the two cops testified that her cop friend had shown her a photo of Peltier prior to the incident and had told her that “he was going to help the FBI get a big one”. Thus, it became clear that the entire incident had been a set-up and fraud. The prosecution’s case then collapsed, and the jury acquitted this “notorious AIM felon”.
Sources
[1] Wagner & Lynch PLLC: Wounded Knee – the Massacre, the Incident, & the Radical Lawyer (© 2023).
[2] International Leonard Peltier Defense Committee: Facts (accessed 2024 Dec).
[3] FOIA Documents – U.S. v Leonard Peltier (CR NO. C77-3003): Post-Trial Actions – Criminal (© 2015 Dec).
[3] Criminalizing Muslim charities
The Holy Land Foundation [HLF] was the largest Islamic charity in the US in 2000. It distributed charity (food, clothing, healthcare services, et cetera) thru established local zakat [charity] committees in the Israeli-occupied territories of Palestine. Because it provided charitable relief to victims of Israeli persecution, HLF was targeted first by American Zionists and then, at their behest, by the US government.
Islam in Palestine. 90% of Palestinian Arabs are Muslim. Naturally, they vary widely in their devotion to religious prescriptions. Until the PLO’s capitulation and corruption cost it most of its popular sympathy, Hamas had the allegiance of only a small minority of Palestinian Muslims. Hamas, which is a political and social force within Palestinian Muslim communities, was founded in 1987 as an offshoot of the (Islamist Egyptian) Muslim Brotherhood [MB]. Until 1987, MB in Palestine maintained peaceful relations with the Zionist state, and its leaders had met regularly with Israeli officials. Because said MB was hostile to the secular and leftist Palestine Liberation Organization [PLO], the Israeli state: had happily encouraged the former as a potential alternative Palestinian leadership to that of the PLO, and had refrained from interfering when MB Islamists perpetrated violent attacks against secular groups aligned with the PLO. However, violent Israeli repression impacted all Palestinians (including MB adherents) in the occupied territories; and overwhelming Palestinian support for the First Intifada (1987—93 civil disobedience campaign) finally induced Palestinian MB, reconstituted as Hamas, to embrace the resistance to Israeli occupation. When Hamas responded to Israeli violence by forming a military arm to retaliate with its own violent counterattacks upon Israelis, the Zionist state branded it as a “terrorist” organization. In 1995 the US accommodated its Israeli ally by also branding Hamas as a “terrorist” organization.
Target. Although a Hamas fundraiser, Musa Abu-Marzuk, had provided financial support at its founding (in 1989), HLF was not an affiliate of Hamas, and its actual activities had nothing to do with violent resistance to Zionist oppressions. Nevertheless, Zionist groups targeted HLF with smears and demands for revocation of its tax-exemption. HLF continued its charitable work until 2001, when the US government used the 9-11 Al-Qaeda attacks as pretext for a so-called “war on terror” which became largely an attack upon civil liberties with widespread targeting of (mostly innocent) Arab-American activists and US-based Islamic institutions. One such target was HLF. The federal government (in 2001 December): seized its assets, shut down its operations, and branded it as a “terrorist” organization.
Prosecution. In 2007 the DoJ brought the HLF and five of its principal officers (now known as the Holy Land Five) to trial on allegations of providing material support to a designated terrorist organization (meaning Hamas). In this trial (which included violations of the defendants’ due process rights), the jury acquitted on some counts and deadlocked on the others. A more egregiously rigged retrial in 2008 resulted in convictions on all remaining counts. Specific violations of due process follow.
(1) The prosecution contended that, by providing charity to needy Palestinians thru the local charity committees which the prosecution alleged were controlled by Hamas, HLF was bolstering Hamas’ popularity and thereby providing material support for “terrorism”. Thus, the prosecution sought conviction of the accused based upon guilt-by-association.
(2) The prosecution’s classification of the local charities as agents of “terrorism” was baseless. The relevant facts: (1st) the local committees were independent entities devoted to charitable purposes, and their leaders included individuals with no ties to Hamas as well as those who were members or sympathizers with Hamas; (2nd) immediately after the US had listed Hamas as “terrorist”, HLF had sought advice from the federal government as to which, if any, of the charities were deemed unacceptable; (3rd) none of the charity committees was listed by the US as a terrorist organization; (4th) the US (thru its USAID program) had provided funding for many of the same local charity committees until 2006 (for five years after the HLF had been shut down); and (5th) the prosecution acknowledged that none of the funding of the charities was used for acts which the US deemed to be “terrorist”.
(3) The prosecution was permitted, over defense objections, to present two unidentified Israeli state security agents as “expert” witnesses for the purpose of tying the charity committees to Hamas. The anonymity of these “experts” prevented effective defense cross-examination to challenge their credentials and the validity of their assertions thereby violating the defendants’ 6th Amendment rights to confront and rebut their accusers.
(4) In the retrial the only significant change in the prosecution’s presentation was its move to bolster its case by introducing additional “evidence” which consisted of untestable assertions, hearsay, and irrelevant material, all of which served only to prejudice the jury against the defendants. The appeals court (in 2011): ruled this additional “evidence” inadmissible, then astonishingly asserted that its use did not affect the outcome, and finally refused to overturn the convictions.
(Ω) The Holy Land Five are: Ghassan Elashi, Shukri Abu-Baker, Mufid Abdulqader, Abdulrahman Odeh, and Mohammad El-Mezain. Their prison sentences were: 65 years for each of the first two, 20 years for the third, and 15 years for the remaining two.
Source
For more on Hamas, see Pierce, Charles: Gaza War: Palestine, Zionism, imperialism, Hamas, previous wars, atrocities. What are the relevant actual facts?.
Conclusion
For 3 reasons (their liberal capitalist indoctrination, their attachment to their own privileges and entitlements, and their dependency upon their capitalist campaign funders), governing centrist Democrat politicians are incapable of providing: equal justice in law enforcement, or consistent enforcement of the civil rights of opponents of their imperial and capital-serving policies. Moreover, any concessions (reforms) which they offer, in support of greater social justice, will always be limited to what does not seriously impinge against the interests of powerful factions of the ruling class
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