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Saturday, January 22, 2005

 
Subj: Legal Strategies for 2005


Date: 1/22/2005 10:46:27 AM Eastern Standard Time


From: info@leonardpeltier.org


To:

"PeltierSupport" DIGEST
January 21, 2005




We currently have some exciting legal strategies going for Leonard. There are more to come. We urge you to regularly (& frequently) visit our Web site at http://www.peltiersupport.org for up-to-date information on the Peltier case.




==============================
FOIA Actions
==============================




The FBI was ordered on August 15, 2003, to begin releasing documents from its
Minneapolis Field Office by December 2004. On December 30, 2004, the FBI
produced 5,112 pages of material. However, the pages released consisted of
Mr. Peltier's 1977 trial transcript, as well as the trial transcript from US v.
Robideau-Butler. Incredibly, the FBI withheld 144 pages from these transcripts
--documents that are already a matter of public record -- on the basis that
they were exempt from disclosure. Huh?




The Peltier attorneys sent a letter to the judge who issued the above Order, to
ask her to reconsider her August decision. Remember, we know that the FBI
has 142,579 pages of material that have never been made available to us. The
Minneapolis Field Office alone has 90,000 pages. The data maintained by this
Field Office are particularly important because this was the office in which the
RESMURS investigation was based.




Incredibly, the judge denied our request, disagreeing that the FBI has made a
bad faith response to her Order. Perhaps she believes we've waited nearly 30
years only to receive Peltier's trial transcript? Go figure.




SEE the judge's ruling (PDF document):


http://www.peltiersupport.org/uploads/NelsonReply.pdf.


Other information on FOIA actions (point to & click on "FOIA Actions")
are located at:


http://www.peltiersupport.org/Docs/Historical/PostConviction.html


==============================
Illegal Sentence
==============================


The government has responded to our Motion, filed in the federal District Court
(North Dakota), contending that Leonard's sentence was illegal. The
government's brief of December 29 & our reply brief of January 17, 2005, are
available for viewing on our Web site. Access all pertinent documents
concerning this Motion (point to & click on "Illegal Sentence") at:


http://www.peltiersupport.org/Docs/Historical/PostConviction.html


==============================
In the Spirit of Crazy Horse
==============================


Today, on the second anniversary of his murder in Houston, TX, we'd like you
to remember & emulate Robert Standing Deer Wilson. At great personal risk,
Standing Deer exposed a plot to assassinate Leonard Peltier. On January 22,
1980, Leonard was convicted & given the maximum sentence for the prison escape
prompted by the government plot against him. See Standing Deer's affidavit
at:


http://www.peltiersupport.org/Docs/Historical/FOIA/StandingDeer.html


Standing Deer stood firm against the death penalty & fought tirelessly for prisoners'
rights, in particular for the religious rights of Indigenous prisoners. Follow Standing
Deer's example. Speak out against injustice everywhere. Be infused with his
spirit, the spirit of Crazy Horse. In particular, be firm & constant -- as was
Standing Deer -- in your cries for freedom for Leonard Peltier.


==============================
How You Can Help
==============================


Four years ago, on January 20, 2001, then President Bill Clinton left office without
either approving or denying a grant of Executive Clemency to Leonard Peltier. The
legal team's petition for clemency is still pending:


http://www.peltiersupport.org/Welcome/Clemency.html


Please also remember that February 6th marks the 29th anniversary of Leonard's
arrest in Canada. He has waited nearly 3 decades for justice. It is incumbent on us
to see that Leonard knows freedom once again.


There are many ways by which Peltier supporters can assist the legal team.
Visit http://www.peltiersupport.org/Welcome/Donate.html to find out how you can
donate not only funds, but your time & energy to the struggle.

Posted by Webmaster@AIMSupport.org 1:16 PM

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Tuesday, January 18, 2005

 
Date: 1/17/2005 3:13:37 PM Eastern Standard Time
From: info@leonardpeltier.org

This resolution will also be posted to the Web site http://www.leonardpeltier.org

THE TENNESSEE COMMISSION ON INDIAN AFFAIRS

RESOLUTION # _____-04 SUPPORT FOR LEONARD PELTIER'S CONTINUED QUEST FOR JUSTICE

WHEREAS, we, the commissioners of the Tennessee Commission on Indian Affairs, ask the Creator to bless our actions and decisions, which will protect the sovereign inherit rights of all our indigenous brothersand sisters, our respective nations and all our descendants; and WHEREAS,, the Tennessee Commission on Indian Affairs was created in 2003 and can be found in the Tennessee Code Annotated, Title 4, Chapter 34, Part 1;

and WHEREAS, Section 3 of T.C.A.4-34-1 states some of the purposes of the Commission are to; Provide aid and protection for Indians as needs are demonstrated, prevent undue hardships, and deal fairly and effectively with Indian affairs;

and WHEREAS, Section 4 of T.C.A. 4-34-1 states it is the duty of the Commission to; study, consider, accumulate, compile, assemble and disseminate information on any aspect of Indian affairs; confer with appropriate official of local, state and federal governments and agencies of these governments, and with such congressional commissions that may be concerned with Indian affairs; conduct public hearings on matters relating to Indian affairs and to subpoena any information or documents deemed necessary by the commission; and to cooperate with and secure the assistance of the local, state and federal governments or any agencies thereof in formulating any programs that the commission finds necessary or beneficial to the Indians in Tennessee;

and WHEREAS, the Commission supports justice and human rights for all people and has a particular interest in such for American Indians;

and WHEREAS, the Commission recognizes that it is the duty of an Indian Commission to advocate for justice of American Indians on a national level because equal protection for Indians at a federal level will mean equal protection for Indians at a state level;

and WHEREAS, the Commission recognizes that American Indians are the fastest growing prison population around the country and it is a known fact American Indians are not justly treated in federal or state judicial systems and it is the duty of the Commission to study, disseminate information and deal with agencies in regard to Indians in prison;

and WHEREAS, Leonard Peltier is a member of the Anishnabe and Lakota Nations, and he was illegally extradited from Canada due to false affidavits and then wrongfully prosecuted and convicted of the first degree murder of two FBI agents in a trial where evidence was fabricated, witnesses were intimidated, the judges rulings were unfounded, and evidence was withheld from Leonard's defense team in violation of his constitutional and human rights;

and WHEREAS, the FBI has been show to have conducted itself in an illegal manner by: pressuring and terrorizing Myrtle Poor Bear in to executing false affidavits, having Leonard Peltier extradited from Canada based on false affidavits, with holding evidence concerning the bullet casing in question was clearly not fired by the weapon connected to Leonard Peltier, by changing evidence in regard to the vehicle at the scene allegedly transporting a suspect, continuing to with hold FBI documents in regard to this case, and the pattern and practice of the FBI's using false affidavits and intimidating witnesses in related cases;

and WHEREAS, Leonard Peltier has now endured 28 years of wrongful imprisonment even though the government/prosecution has conceded that they cannot prove that Leonard killed the two FBI agents or what involvement Leonard Peltier may have had in their deaths; and WHEREAS, the Commission would like to add its' voice to those of Nelson Mandela, Amnesty International, the Oneida Tribe of Indians of Wisconsin, Oglala Lakota Nation, Turtle Mountain Band of Chippewa Indians, National Congress of American Indians, 55 members of Congress, 60 members of the Canadian Parliament and numerous other law, political, and religious groups in asking that justice be given to Leonard Peltier and he be set free;

and WHEREAS, Leonard Peltier continues to advocate for the sovereignty and human rights of North American Indigenous people and their nations from prison and has won several human rights awards for doing this; and THEREFORE BE IT RESOLVED, the Tennessee Commission on Indian Affairs supports justice for Leonard Peltier in any appropriate form which may include: transfer from the maximum security prison of Leavenworth to a medium security prison, a hearing on the Habeas Corpus filed by Yorie Von Kahl and Leonard Peltier, a Congressional hearing into the FBI misconduct surrounding Leonard's case, the release of all FOIA documents relating to Mr. Peltier and any other rational means of relief;

and FURTHER BE IT RESOLVED that the Commission Chairperson and Vice Chairperson are hereby authorized as spokespersons for the Commission on Indian Affairs to sign documents in support of justice for Leonard Peltier.

CERTIFICATION

We, the undersigned members of the Tennessee Commission on Indian Affairs, do hereby certify that the Commission is composed of (strike) 6 members of whom 5 were present and constitute a quorum at the meeting today, today's meeting was duly called, convened, and held on the 4th day of December, 2004 in the city of Memphis, TN, that the foregoing resolution was adopted by and affirmative vote of 3 in favor, and 2 not in favor, the pro's constituting a quorum, their names are set down below.

_Teri-Lee R. Ellenwood Knox and surrounding counties_____
Name of Commissioner, Chair Area Commissioner represents Jimmy Reedy_____
Middle Tennessee____ Name of Commissioner, Vice Chair Area Commissioner represents Mike Mangrum_____ Nashville and surrounding counties_______
Name of Commissioner Area Commissioner represents

Posted by Webmaster@AIMSupport.org 1:35 AM

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