Biden's Clemency Clock Winds Down for Donziger, Littlejohn, Peltier, and Assange

Outgoing U.S. President Joe Biden announced commutations on Friday for approximately 2,500 people who have been convicted of non-violence drug crimes—a move that was cheered by rights groups and brings his total number of pardons and commutations to the highest of any president.

But Biden has so far stopped short of granting clemency to a number of high profile individuals whose cases—while all very different—have generated significant public interest and sympathy. They include: the former IRS contractor Charles Littlejohn, the environmental lawyer Steven Donziger, Indigenous activist Leonard Peltier, and WikiLeaks founder Julian Assange.

The cases have prompted a flurry of calls from various groups for Biden to take action on the cases before he hands over the White House to President-elect Donald Trump on January 20.

Littlejohn was sentenced in January 2024 to the five years in prison for unauthorized disclosure of tax information to the media. In 2020, The New York Times published a story based on information leaked byLittlejohn revealing that Trump paid only $750 in federal income taxes the year he won the presidency and in 2017. Later, journalists at ProPublicaused documents made available by Littlejohn to report on how the wealthiest 25 individuals in America were able to get away with paying very little in income tax between 2014 and 2018.

Given the nature of his case, Kenny Stancil of the Revolving Door Project and Bob Lord of the Institute for Policy Studies, wrote in December that Littlejohn "very well could be on Trump's enemies list" and urged Biden to commute his sentence.

"The longer Littlejohn languishes in jail, the more he is at risk of retribution from Trump," wrote Stancil and Lord, who also highlight that Littlejohn was given the statutory maximum sentence for his crime.

On Thursday, millionaire Abigail Disney penned a defense of Littlejohn, writing that Biden should commute his sentence because he "did the nation a great service by spotlighting the urgent need for tax reform in a country being ripped apart by extreme and rising inequality."

Indigenous leaders and the human rights organization Amnesty International are calling for clemency for another man who is currently behind bars: the Indigenous rights activist Leonard Peltier, who was convicted in 1977 of having murdered two FBI agents and has spent the majority of his life in prison, despite concerns about the fairness of his trial and conviction.

Peltier had his request for parole and compassionate release denied last year, meaning clemency is "likely his only chance for freedom," according to Amnesty International.

"All of us see a little bit of ourselves in Leonard Peltier, and that's why we fight so hard for him," said Nick Tilsen, the founder and CEO of NDN Collective, an Indigenous rights group. "This is about paving a path forward that gives us the opportunity to have justice and begin to heal the relationship between the United States government and Indian people. And so, this decision is massive."

Meanwhile, 50 human rights and environmental groups sent a letter in early January to President Biden, urging him to pardon U.S. human rights lawyer Steven Donziger, who secured a multibillion settlement for Indigenous plaintiffs against Texaco (later acquired by Chevron) in an Ecuadoran court over the company's destructive oil pollution in the Amazon, but was later charged with criminal contempt of court in the U.S. for withholding evidence in a countersuit brought by Chevron. Donziger was disbarred in 2018, and then spent time in both prison and under house arrest.

Rep. Jim McGovern (D-Mass.), who has called for Donziger's pardon, recently toldDemocracy Now! that "Chevron has spent countless millions and millions of dollars going after Steven Donziger and not helping a single person in Ecuador deal with what they left behind. We have to stand up to corporate excesses in this country."

"If President Biden would pardon him, I think that would be a signal that maybe things are beginning to change," he added.

Also this week, press freedom and civil liberties organizations demanded that Biden pardon WikiLeaks founder and publisher Julian Assange, who last year—as a way to avoid extradition to the U.S. after languishing for years in a British prison—pleaded guilty to a felony charge under the U.S. Espionage Act of conspiring to obtain and disclose classified national military documents. Per the terms of the plea deal, he was allowed to return to his native Australia and is no longer incarcerated.

Freedom of the Press Foundation director of advocacy Seth Stern said in a statement Thursday that Assange's case "normalized the criminalization of work national security journalists do every day—talking to sources, obtaining documents from them, and publishing those documents."

"A pardon won't undo the harm the case has done to the free press or the chilling effect on journalists who now know their work can land them behind bars at the whim of the Department of Justice. But it will help reduce the damage," he said.