Biden commutes life sentence of original activist Leonard Peltier, 80 | Joe Biden

Joe Biden commuted the life sentence of indigenous activist Leonard Peltier, convicted of the 1975 murder of two FBI agents in South Dakota, moments before handing power to Donald Trump on Monday.

Peltier, who has spent half a century in federal prison, is said to be in poor health and would not be eligible for parole until 2026 after being denied parole last July.

In a statement from the White House, Biden said he commuted Peltier’s life sentence so he can serve the rest of his sentence at home.

“He is now 80 years old, suffers from serious health ailments and has spent the majority of his life (nearly half a century) in prison. This transformation will enable Mr. Peltier to spend his remaining days at home, but will not pardon him for his underlying crimes,” the statement read.

The commutation order noted that commuting for the Native American activist, who was convicted of killing two federal agents on the Pine Ridge Indian Reservation and escaping from federal prison, was widely supported.

“Tribal nations, Nobel Peace Prize laureates, former law enforcement officials (including the former US attorney whose office oversaw Mr. Peltier’s prosecution and appeal), dozens of lawmakers and human rights organizations strongly support granting Mr. Peltier clemency, citing his advanced age, illnesses, his close ties to and leadership in the Native American community, and the significant time he has already spent in prison,” it read.

In a statement after Peltier’s commute was announced, he said: “It’s finally over – I’m going home. I want to show the world that I’m a good person with a good heart. I want to help the people, just like my grandmother taught me.”

Peltier has maintained his innocence since he was arrested in connection with the deaths and had been supported for decades by advocates for his release by Coretta Scott King, Nelson Mandela and Pope Francis.

James H Reynolds, the US attorney who handled the prosecution and appeal of Peltier’s case, publicly apologized, calling the prosecution and imprisonment of Peltier “unfair” and has called for his immediate release.

On June 26, 1975, years of tension over tribal self-government erupted in a shootout between the FBI and members of the American Indian Movement (AIM), a Cold War liberation group.

Peltier was among the four men indicted in connection with the murders of two agents. The all-white jury did not hear about the underlying tensions between the two political factions on the Pine Ridge reservation, and witnesses claimed FBI agents had threatened and coerced them into testifying.

The prosecution withheld ballistics evidence, including the fact that Peltier’s rifle could not be matched to shell casings in the trunk of the FBI agents’ car.

Peltier was found guilty of the murders and received two consecutive life sentences. One of his current lawyers, Kevin Sharp, recently told the Guardian that there has been misconduct in the investigation and misconduct by the prosecution.

Sharp said he has been frustrated by “the system that refuses to recognize the government’s role in what happened in June 1975, refuses to recognize the context of what happened, refuses to recognize the violation of rights that happened” .

Previous attempts to pardon Peltier had failed, including efforts by former President Bill Clinton after they were protested by FBI agents. Former FBI agent Coleen Rowley has said the federal agency has a “vendetta” against Peltier.

After the order was released, Nick Tilsen, founder of the NDN Collective, a Native-led civil rights group, said, “Leonard Peltier’s freedom today is the result of 50 years of intergenerational resistance, organizing and advocacy.”

Tilsen added: “Leonard Peltier’s liberation is our liberation – we will honor him by bringing him back to his homeland to live out the rest of his days surrounded by loved ones, healing and reconnecting with his country and culture.”