Sample letter for US Attorney General for Eric Holder (or other person confirmed)
January 21, 2009
Eric H. Holder, Attorney General Designate
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
AskDOJ@usdoj.gov
Re: Leonard Peltier #89637-132
Dear Attorney General Holder:
I am writing today to provide you with a number of serious concerns stemming from the case of Mr. Leonard Peltier and explain how this case impacts all US citizens.
• Mr. Leonard Peltier, is an American Indian that has been imprisoned since 1976, convicted based on fabricated testimony, circumstantial evidence, extraordinary FBI influence and falsified test results. (Appellate Court findings)
• He was sentenced to two life sentences for “aiding and abetting” when two other persons tried for the same exact crimes were found not guilty because the jury said they were acting in self defense based on the climate of fear pervading the Pine Ridge Reservation at the time. Whom was he aiding and abetting?
• No federal employee was ever investigated or found responsible for the killing of Joe Stuntz, who was killed at the same Jumping Bull property in 1975. Further there are a number of American Indians that were killed under questionable circumstances on Indian reservations or at Wounded Knee in 1973, while no federal official have ever been charged with their deaths.
• Since 1976 repeated requests for files concerning Leonard Peltier, from the Federal Bureau of Investigation under the Freedom of Information Act have been unsuccessful. The typical response has been that the files were misplaced or lost, and sometimes after years of waiting the FBI responds with a vague “no”.
• Title 18 Section 4206 (d) states that “Any prisoner serving a sentence of five years or longer shall be released on parole after serving 2/3 of each consecutive term or after serving thirty years of each consecutive term including any life term”. Congress has stated and the Courts have ruled in other cases that Title 18 of the United States Code 4205(a) means that time served is equal to ten years in the case of a life sentence. The law says that a prisoner serving a life term shall be released on parole after serving thirty years if they were not released on parole after 20 years.
The most a prisoner would serve is 30 years. This has held true except in the case of Leonard Peltier who has been in prison for 33 years.
• In late 2008 the Turtle Mountain Reservation passed a resolution calling for Leonard Peltier’s release into their custody. Leonard Peltier is an enrolled member of Turtle Mountain. Tribal officials at Turtle Mountain were willing and able to meet almost any given conditions set forth by the Parole Board or the Bureau of Prisons, however they were not given the opportunity to even discuss this alternative, their status as a sovereign nation was totally ignored and Leonard Peltier transferred to Canaan, PA on January 12th, 2009.
• Beginning in October 2008, friends, family and supporters have repeatedly e-mailed, called, and written to the Bureau of Prisons asking for consideration in Leonard Peltier’s imminent transfer. While one recognizes that there are many factors for the BOP to consider, we only asked that he either be transferred to Turtle Mountain facility or closer to home. Instead Mr. Peltier was placed in a facility even further from his home and family making it unreasonably burdensome for them to visit him.
• Once Mr. Peltier arrived at the Canaan prison facility, he was jumped by younger inmates, severely beaten, put in solitary confinement and placed upon meal restrictions despite his having diabetes and other medical conditions. The family has requested copies of the video tapes of that incident to no avail. It is as if the whole scenario was contrived to detract from the fact that Mr. Peltier has been a model prisoner having more than enough points to qualify for parole.
• Retired, former and actively employed FBI agents have taken action against the release and parole of Leonard Peltier time and again. While it is their right to speak their opinion, it is not right to do so on federal time and at the taxpayer’s expense. Their letters, writings, articles, books, protests, outcries and interviews concerning Mr. Peltier, are a conflict of interest and tip the scales against him unfairly. In addition, it is certainly questionable as to the timing of a letter written by a former FBI Agent to Representative John Conyers and the beating Mr. Peltier received at Canaan.
It is apparent to me and many others that there are numerous violations of Mr. Peltier’s civil, constitutional, and human rights in the federal government’s quest to punish someone for the deaths of two FBI agents.
Justice has not been fair or blind to Mr. Leonard Peltier who has spent more than half of his life in prison. He is at 64 years old, in failing health and his life expectancy in prison is shortened greatly. And so I ask for your swift review of his case and release him so that he can spend the rest of his natural life with friends and family. The release of Leonard Peltier will go far in repairing the faith of the American people in the justice system and restore hope to many American Indians who otherwise have given up on the federal government’s promises. Thank you.
Sincerely,
Cc:
Mr. President Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Civil Rights & Civil Liberties Complaints
Office of the Inspector General
U.S. Department of Justice
950 Pennsylvania Avenue, N.W. Room 4706
Washington, D.C. 20530
Harry J. Lappin, Director
Federal Bureau of Prisons
320 First St., NW,
Washington, DC 20534
Kathleen M. Kenney
Assistant Director/General Counsel,
Federal Bureau of Prisons
320 First St., NW,
Washington, DC 20534
Morris L. Thigpen, Sr., Director
National Institute of Corrections
320 First St., NW,
Washington, DC 20534
All Possible Media Outlets – Television, Radio, Print
All Elected Federal Officials
January 21, 2009
Western Shoshone Protest Continues at Federal Court
Support Religious Freedom for the Western Shoshone
Stop Barrick Gold from Destruction of the Sacred Mt. Tenabo
Demonstration and Trial to Protect Native Religions continues
Jan. 21 8:00 - 9:00 AM
Thompson Federal Building and Courthouse
(at Liberty and S. Virgin St. - Reno)
Stay for the Injunctive Hearing in the courthouse
Stop Barrick Gold from Destruction of the Sacred Mt. Tenabo
Demonstration and Trial to Protect Native Religions continues
Jan. 21 8:00 - 9:00 AM
Thompson Federal Building and Courthouse
(at Liberty and S. Virgin St. - Reno)
Stay for the Injunctive Hearing in the courthouse
From the Western Shoshone
Photo of Wednesday morning protest by Carl Bad Bear Sampson
The second day of a new President will see the second day of the Western Shoshone asserting their right to freely practice their religion. Roger Flynn of the Western Mining Action Project, council for the Western Shoshone, will be arguing for the second day in US Court to prevent further destruction of sacred Mt. Tenabo at the hands of Barrick Gold Corporation. Just two months ago, the U.S. Bureau of Land Management approved the construction of a massive open pit cyanide heap leach gold mine on the face of well-known spiritual area, Mt. Tenabo. Western Shoshone communities, the Western Shoshone Defense Project and Great Basin Resource Watch are seeking an injunction to stop mining activities at Mt. Tenabo before its special spiritual energy is obliterated.
The court heard compelling testimony from Western Shoshone as to the special significance of Mt. Tenabo in their religious practice, and how the proposed mine would deny this practice. Witnesses elaborated on the special spiritual power of Mt. Tenabo and its healing waters, which would be lost if this mine goes forward. Lawyers with Barrick Gold attempted in cross-examination to undermine the special significance of Mt. Tenabo, and will be presenting witnesses on January 21st. The trial is expected to continue through Thursday January 22nd.
Western Shoshone will again lead a peaceful and respectful demonstration in front of the Federal Building just prior to the hearing from 8:00 AM to 8:45 AM with native drumming, song, and prayer. A similar demonstration is anticipated for Thursday morning as well – for as many days as the hearing is in play.
“Denabo (correct spelling) has significance for Western Shoshone, it means the writing on the rock walls of the mountain (White Cliffs) put there by our Creator. We go to pray to our Creator to give us strength to keep us going. How can we pray to our creator when the place in being blown up?” - Joyce McDade, Western Shoshone Grandmother
Barrick Gold Corporation is the world’s largest gold company and operates mainly on Indigenous lands for the extraction of gold. This company has refused to accept its social responsibility to protect Indigenous peoples’ land, sacred areas, water, and air pollution.
This destruction of Indigenous spiritual areas must stop now.
WHAT YOU CAN DO AS WE AWAIT THE COURT’s DECISION
We need supporters at both of the following locations:
1. Attend the Public Demonstration to Protect Native Spiritual Areas and Human Rights in front of the Courthouse on S. Virginia Street beginning at 8 am on both Jan. 20th and 21st.
2. Attend the Mt. Tenabo encampment and Arbor Vigil beginning Thursday Jan. 15th and lasting through the following week of hearings at the gathering area on the Southeast flank facing Grass Valley, Nevada. (Contact wsdp@igc.org for directions and supplies needed).
3. We also need people to write requests to President (elect) Barrack Obama and his transition team. This destruction of Indigenous spiritual areas must stop now and a commitment to good faith talks with the Western Shoshone must be made.
download flyers and handbills for distribution
sample letter
Background:
Barrick Gold Corporation is the world’s largest gold company and operates mainly on Indigenous lands for the extraction of gold. This company has refused to accept its social responsibility to protect Indigenous peoples’ land, sacred areas, water, and air pollution. Barrick has carried out many violations of Human Rights, and abusively opposed the struggle of Indigeous lands and people. Barrick is now beginning construction of an open pit cyanide mine directly on Mt. Tenabo – a Western Shoshone spiritual and cultural area. Shoshone opposition to this mine has been ongoing and has gained global attention. Barrick has failed to recognize these concerns and has instead attempted to divide the Shoshone people, giving money and gifts to the communities, and using its media channels to state that all the people are happy and are supportive of their operations. The time is critical now as Barrick has already received full approval from the U.S. Dept. of Interior and has begun ripping out the Pinon forest and digging the pit to create its “Cortez Hills Expansion Mine."
This mine will cause permanent destruction of the cultural and spiritual practices of the Western Shoshone. Mt. Tenabo has been, and continues to be, used by Western Shoshone people as a central part of their religious practices and world view. Western Shoshone visit the mountain and the valley below (the location of the mine pit) for prayer ceremonies, gathering of sacred plants, fasting, and vision quests, among other uses. The Mountain also contains Western Shoshone gravesites. All of these values and uses will be destroyed by the Project. In addition, the massive pumping of groundwater will likely dry up sacred springs and streams on and around Mt. Tenabo.
No big mining project in Nevada has ever been denied by the United States. This is one must be stopped.
The details of the mine would:
＊ Disturb 6,792 acres of land, including a heap leach and waste rock facilities.
＊ Blast the new Cortez Hills mine Pit approximately 900 feet in length, 6,400 feet in width, and a maximum depth of 2,200 feet.
＊ Pump groundwater from around the pit with an average dewatering rate of approximately 1.8 billion gallons per year for ten years.
＊ Create a drop in the water table of 1,600 feet surrounding the pit, decreasing to 10 feet at a 3-4 mile radius of the pit.
＊ Potentially impact 50 springs and seeps in the area.
＊ Of the 11 non-Cortez Gold Mine water rights impacted, only one is expected to recover fully within 100 years after dewatering ceases
Again, we need your help to tell Barrick to stop presenting false information to the media making the Shoshone people and the violations of this mine to the lands and sacred areas invisible to the public. At this time we need your support to stop mining at Mount Tenabo and to tell the U.S. there must be a full review of the human rights violations of the Shoshone people. We ask for your support in this urgent case which has common elements with indigenous peoples and mining abuses around the world.
Some important talking points to consider in your Request:
＊ The United Nations Committee on the Elimination of Racial Discrimination (Decision 1/68) has specifically raised concerns regarding the mining threat to Mt. Tenabo. The United States is in further violation of this Decision in approving this project – the Obama administration needs to understand this now before taking office.
＊ The Bush administration has strong connections to the mining industry and this decision approving the “Cortez Hills Expansion” before the new administration comes in is highly questionable.– President Obama should demonstrate the change he is committed to and respect Western Shoshone spirituality and the need to stop this destructive project and uphold the human rights and Treaty rights. Request that the Obama Team meet immediately with Western Shoshone representatives to investigate further the human rights violations.
＊ Barrick is well-aware of the concerns and the Mt. Tenabo mine proposal has been specifically criticized by the United Nations Committee on the Elimination of Racial Discrimination.
* From the BLM’s own analysis, "Although not quantifiable, the project area and the region surrounding the project area have been home to local Indian groups for centuries, and the resources in the area, the value placed on those resources, and potential effects to those resources are intertwined with the culture of local Indian tribes more so than any other population in close proximity to the project area." - Final Environmental Impact Statement
The details of the mine would:
＊ Disturb 6,792 acres of land, including a heap leach and waste rock facilities.
＊ Blast the new Cortez Hills mine Pit approximately 900 feet in length, 6,400 feet in width, and a maximum depth of 2,200 feet.
＊ Pump groundwater from around the pit with an average dewatering rate of approximately 1.8 billion gallons per year for ten years.
＊ Create a drop in the water table of 1,600 feet surrounding the pit, decreasing to 10 feet at a 3-4 mile radius of the pit.
＊ Potentially impact 50 springs and seeps in the area.
＊ Of the 11 non-Cortez Gold Mine water rights impacted, only one is expected to recover fully within 100 years after dewatering ceases
The second day of a new President will see the second day of the Western Shoshone asserting their right to freely practice their religion. Roger Flynn of the Western Mining Action Project, council for the Western Shoshone, will be arguing for the second day in US Court to prevent further destruction of sacred Mt. Tenabo at the hands of Barrick Gold Corporation. Just two months ago, the U.S. Bureau of Land Management approved the construction of a massive open pit cyanide heap leach gold mine on the face of well-known spiritual area, Mt. Tenabo. Western Shoshone communities, the Western Shoshone Defense Project and Great Basin Resource Watch are seeking an injunction to stop mining activities at Mt. Tenabo before its special spiritual energy is obliterated.
The court heard compelling testimony from Western Shoshone as to the special significance of Mt. Tenabo in their religious practice, and how the proposed mine would deny this practice. Witnesses elaborated on the special spiritual power of Mt. Tenabo and its healing waters, which would be lost if this mine goes forward. Lawyers with Barrick Gold attempted in cross-examination to undermine the special significance of Mt. Tenabo, and will be presenting witnesses on January 21st. The trial is expected to continue through Thursday January 22nd.
Western Shoshone will again lead a peaceful and respectful demonstration in front of the Federal Building just prior to the hearing from 8:00 AM to 8:45 AM with native drumming, song, and prayer. A similar demonstration is anticipated for Thursday morning as well – for as many days as the hearing is in play.
“Denabo (correct spelling) has significance for Western Shoshone, it means the writing on the rock walls of the mountain (White Cliffs) put there by our Creator. We go to pray to our Creator to give us strength to keep us going. How can we pray to our creator when the place in being blown up?” - Joyce McDade, Western Shoshone Grandmother
Barrick Gold Corporation is the world’s largest gold company and operates mainly on Indigenous lands for the extraction of gold. This company has refused to accept its social responsibility to protect Indigenous peoples’ land, sacred areas, water, and air pollution.
This destruction of Indigenous spiritual areas must stop now.
WHAT YOU CAN DO AS WE AWAIT THE COURT’s DECISION
We need supporters at both of the following locations:
1. Attend the Public Demonstration to Protect Native Spiritual Areas and Human Rights in front of the Courthouse on S. Virginia Street beginning at 8 am on both Jan. 20th and 21st.
2. Attend the Mt. Tenabo encampment and Arbor Vigil beginning Thursday Jan. 15th and lasting through the following week of hearings at the gathering area on the Southeast flank facing Grass Valley, Nevada. (Contact wsdp@igc.org for directions and supplies needed).
3. We also need people to write requests to President (elect) Barrack Obama and his transition team. This destruction of Indigenous spiritual areas must stop now and a commitment to good faith talks with the Western Shoshone must be made.
download flyers and handbills for distribution
sample letter
Background:
Barrick Gold Corporation is the world’s largest gold company and operates mainly on Indigenous lands for the extraction of gold. This company has refused to accept its social responsibility to protect Indigenous peoples’ land, sacred areas, water, and air pollution. Barrick has carried out many violations of Human Rights, and abusively opposed the struggle of Indigeous lands and people. Barrick is now beginning construction of an open pit cyanide mine directly on Mt. Tenabo – a Western Shoshone spiritual and cultural area. Shoshone opposition to this mine has been ongoing and has gained global attention. Barrick has failed to recognize these concerns and has instead attempted to divide the Shoshone people, giving money and gifts to the communities, and using its media channels to state that all the people are happy and are supportive of their operations. The time is critical now as Barrick has already received full approval from the U.S. Dept. of Interior and has begun ripping out the Pinon forest and digging the pit to create its “Cortez Hills Expansion Mine."
This mine will cause permanent destruction of the cultural and spiritual practices of the Western Shoshone. Mt. Tenabo has been, and continues to be, used by Western Shoshone people as a central part of their religious practices and world view. Western Shoshone visit the mountain and the valley below (the location of the mine pit) for prayer ceremonies, gathering of sacred plants, fasting, and vision quests, among other uses. The Mountain also contains Western Shoshone gravesites. All of these values and uses will be destroyed by the Project. In addition, the massive pumping of groundwater will likely dry up sacred springs and streams on and around Mt. Tenabo.
No big mining project in Nevada has ever been denied by the United States. This is one must be stopped.
The details of the mine would:
＊ Disturb 6,792 acres of land, including a heap leach and waste rock facilities.
＊ Blast the new Cortez Hills mine Pit approximately 900 feet in length, 6,400 feet in width, and a maximum depth of 2,200 feet.
＊ Pump groundwater from around the pit with an average dewatering rate of approximately 1.8 billion gallons per year for ten years.
＊ Create a drop in the water table of 1,600 feet surrounding the pit, decreasing to 10 feet at a 3-4 mile radius of the pit.
＊ Potentially impact 50 springs and seeps in the area.
＊ Of the 11 non-Cortez Gold Mine water rights impacted, only one is expected to recover fully within 100 years after dewatering ceases
Again, we need your help to tell Barrick to stop presenting false information to the media making the Shoshone people and the violations of this mine to the lands and sacred areas invisible to the public. At this time we need your support to stop mining at Mount Tenabo and to tell the U.S. there must be a full review of the human rights violations of the Shoshone people. We ask for your support in this urgent case which has common elements with indigenous peoples and mining abuses around the world.
Some important talking points to consider in your Request:
＊ The United Nations Committee on the Elimination of Racial Discrimination (Decision 1/68) has specifically raised concerns regarding the mining threat to Mt. Tenabo. The United States is in further violation of this Decision in approving this project – the Obama administration needs to understand this now before taking office.
＊ The Bush administration has strong connections to the mining industry and this decision approving the “Cortez Hills Expansion” before the new administration comes in is highly questionable.– President Obama should demonstrate the change he is committed to and respect Western Shoshone spirituality and the need to stop this destructive project and uphold the human rights and Treaty rights. Request that the Obama Team meet immediately with Western Shoshone representatives to investigate further the human rights violations.
＊ Barrick is well-aware of the concerns and the Mt. Tenabo mine proposal has been specifically criticized by the United Nations Committee on the Elimination of Racial Discrimination.
* From the BLM’s own analysis, "Although not quantifiable, the project area and the region surrounding the project area have been home to local Indian groups for centuries, and the resources in the area, the value placed on those resources, and potential effects to those resources are intertwined with the culture of local Indian tribes more so than any other population in close proximity to the project area." - Final Environmental Impact Statement
The details of the mine would:
＊ Disturb 6,792 acres of land, including a heap leach and waste rock facilities.
＊ Blast the new Cortez Hills mine Pit approximately 900 feet in length, 6,400 feet in width, and a maximum depth of 2,200 feet.
＊ Pump groundwater from around the pit with an average dewatering rate of approximately 1.8 billion gallons per year for ten years.
＊ Create a drop in the water table of 1,600 feet surrounding the pit, decreasing to 10 feet at a 3-4 mile radius of the pit.
＊ Potentially impact 50 springs and seeps in the area.
＊ Of the 11 non-Cortez Gold Mine water rights impacted, only one is expected to recover fully within 100 years after dewatering ceases
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