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julian assange
Biden's Clemency Clock Winds Down for Donziger, Littlejohn, Peltier, and Assange
There are only a few days left for Biden to heed calls for clemency coming from a diverse array of rights groups.
Jan 17, 2025
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.
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To Thwart Trump Killing Spree, Biden Urged to Commute Death Penalty Cases
The former president, warned a broad rights coalition, "executed more people than the previous ten administrations combined."
Dec 09, 2024
A large and diverse coalition of broad coalition of rights organizations on Monday sent a letter to U.S. President Biden Monday, urging him to commute the sentences of all 40 individuals who are on federal death row.
The letter adds to a chorus of voices—including prosecutors and law enforcement officials—advocating for Biden to use his clemency powers to issue such commutations before he departs office.
The calls for Biden to issue pardons and commutations have only grown since the president issued a pardon for his son, clearing Hunter Biden of wrongdoing in any federal crimes he committed or may have committed in the last 11 years.
The joint letter to Biden was backed by over 130 organizations, including the ACLU, Brennan Center for Justice, and The Sentencing Project, commends his administration's "actions to repudiate capital punishment, including imposing a moratorium on executions for those sentenced to death, and for publicly calling for an end to the use of the death penalty during your 2020 campaign. In the face of a second Trump administration, more is necessary."
"President Trump executed more people than the previous ten administrations combined. Of those he executed, over half were people of color: six Black men and one Native American. The only irreversible action you can take to prevent President-elect Trump from renewing his execution spree, as he has vowed to do, is commuting the death sentences of those on federal death row now," the letter states.
The letter cites additional reasons that Biden ought to commute the sentences, including that the death penalty "has been rooted in slavery, lynchings, and white vigilantism."
A separate letter to Biden—sent in November by group of attorneys general, law enforcement officials, and others—argues that "condemning people to death by the state does not advance public safety. The death penalty fails as an effective deterrent and does not reduce crime. As an outdated, error-riddled, and racially-biased practice, its continued use—and the potential for its abuse—erodes public trust in the criminal legal system and undermines the legitimacy of the entire criminal legal system."
Matt Bruenig, president of the People's Policy Project think tank, directly tied Biden's inaction on this issue to the pardon he issued for his son in a blog post last week, writing that "if Biden does not act, there is little doubt that Trump will aggressively schedule executions in his next term. Their blood will primarily be on Trump's hands, but, if Biden does not act to prevent it, his hands will be bloody too."
The call for commutations for death row prisoners aligns with a wider push for the President to use his clemency powers before he leaves office.
Rep. Ayanna Pressley (D-Mass.), who has been particularly vocal on this issue, said Sunday on social media that President Biden "must use his clemency power to change lives for the better. And we have some ideas on who he can target: Folks in custody with unjustified sentencing disparities, the elderly and chronically ill, people on death row, women punished for crimes of their abusers, and more."
Pressley was one of over 60 members of Congress who sent a letter to Biden last month, encouraging Biden to intervene to help these groups.
Several lawmakers have specific pardons or commutations in mind, according to Axios. For example, Rep. Thomas Massie (R-Ky.) has urged Biden to pardon Julian Assange of WikiLeaks, and Rep. Alexandria Ocasio-Cortez (D-N.Y.) has called for a pardon of Indigenous activist Leonard Peltier, per Axios.
So far, Biden has granted far fewer clemency petitions (161 total) than former President Barrack Obama, according to the Department of Justice's Office of the Pardon Attorney, and a few dozen less than President-elect Trump did during his entire first presidency. However, in 2022, Biden did grant full and unconditional pardons to all U.S. citizens convicted of simple federal marijuana possession—a move that was cheered by advocates.
According to The New York Times, White House press secretary Karine Jean-Pierre said last week that Biden was expected to make more clemency announcements "at the end of his term."
"He's thinking through that process very thoroughly," she said.
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Speaking Freely in the Age of Trump
Given what’s heading our way, we need a capacious view and robust defense of the First Amendment from all quarters—as we always have.
Nov 16, 2024
I thought I was done with free speech. For nearly two decades, I reported on it for the international magazine Index on Censorship. I wrote a book, Outspoken: Free Speech Stories, about controversies over it. I even sang “I Like to Be in America” at the top of my lungs at an around-the-clock banned-book event organized by the Boston Coalition for Freedom of Expression after the musical West Side Story was canceled at a local high school because of its demeaning stereotypes of Puerto Ricans. I was ready to move on. I was done.
As it happened, though, free speech—or, more accurately, attacks on it—wasn’t done with me, or with most Americans, as a matter of fact. On the contrary, efforts to stifle expression of all sorts keep popping up like Whac-A-Mole on steroids. Daily, we hear about another book pulled from a school; another protest closed down on a college campus; another university president bowing to alumni pressure; another journalist suspended over a post on social media; another politically outspoken artistdenied a spot in an exhibition; another young adult novel canceled for cultural insensitivity; another drag-queen story hour attacked at a library; another parent demanding control over how pronouns are used at school; another panic over the dangers lurking in AI; another op-ed fretting that even a passing acquaintance with the wrong word, picture, implication, or idea will puncture the fragile mental health of young people.
The instinct to cover other people’s mouths, eyes, and ears is ancient and persistent and not necessarily restricted to those we disagree with.
The list ranges from the ditzy to the draconian, and it’s very long. Even conduct can get ensnared in censorship battles, as abortion has over what information healthcare providers are allowed to offer or what information crisis pregnancy centers (whose purpose is to dissuade women from seeking abortions) can be required to offer. Looming over it all, we just had an election brimming with repellent utterances financed by gobs of corporate money, which, the Supreme Court ruled in its 2010 Citizens United decision, is a form of speech protected by the First Amendment.
I suspect that if you live long enough, everything begins to seem like a rerun (as much of this has for me). The actors may change—new groups of concerned moms replace old groups who called themselves concerned mothers; antiracists police academic speech, when once it was anti-porn feminists who did it; AI becomes the new Wild West, overtaking that lawless territory of yore, the World Wide Web—but the script is still the same.
It’s hard not to respond to the outrage du jour, and I’m finding perspective elusive in the aftermath of the latest disastrous election, but I do know this: The urge to censor will continue in old and new forms, regardless of who controls the White House. I don’t mean to be setting up a false equivalence here. The Trump presidency already looks primed to indulge his authoritarian proclivities and unleash mobs of freelance vigilantes, and that should frighten the hell out of all of us. I do mean to point out that the instinct to cover other people’s mouths, eyes, and ears is ancient and persistent and not necessarily restricted to those we disagree with. But now, of all times, given what’s heading our way, we need a capacious view and robust defense of the First Amendment from all quarters—as we always have.
Make No Law
In a succinct 45 words, the First Amendment protects citizens from governmental restrictions on religious practices, speech, the press, and public airings of grievances in that order. It sounds pretty good, doesn’t it? But if a devil is ever in the details, it’s here, and the courts have been trying to sort those out over the last century or more. Working against such protections are the many often insidious ways to stifle expression, disagreement, and protest—in other words, censorship. Long ago, American abolitionist and social reformer Frederick Douglass said, “Find out just what any people will quietly submit to, and you have found out the exact measure of injustice and wrong that will be imposed upon them.” It was a warning that the ensuing 167 years haven’t proven wrong.
Censorship is used against vulnerable people by those who have the power to do so. The role such power plays became apparent in the last days of the recent election campaign when TheWashington Postand the Los Angeles Times, at the insistence of their owners, declined to endorse anyone for president. Commentary by those who still care what the news media does ranged from a twist of the knife into the Post‘s Orwellian slogan, “Democracy Dies in Darkness” to assessments of the purpose or value of endorsements in the first place. These weren’t the only papers not to endorse a presidential candidate, but it’s hard not to read the motivation of their billionaire owners, Jeff Bezos and Patrick Soon-Shiong, as cowardice and self-interest rather than the principles they claimed they were supporting.
Newspapers, print or digital, have always been gatekeepers of who and what gets covered, even as their influence has declined in the age of social media. Usually, political endorsements are crafted by editorial boards but are ultimately the prerogative of publishers. The obvious conflict of interest in each of those cases, however, speaks volumes about the drawback of news media being in the hands of ultra-rich individuals with competing business concerns.
Journalists already expect to be very vulnerable during Donald Trump’s next term as president. After all, he’s called them an “enemy of the people,” encouraged violence against them, and never made a secret of how he resents them, even as he’s also courted them relentlessly. During his administration, he seized the phone records of reporters at The New York Times, The Washington Post, and CNN; called for revoking the broadcast licenses of national news organizations; and vowed to jail journalists who refuse to identify their confidential sources, later tossing editors and publishers into that threatened mix for good measure.
It can be hard to tell if Trump means what he says or can even say what he means, but you can bet that, with an enemies list that makes President Richard Nixon look like a piker, he intends to try to hobble the press in multiple ways. There are limits to what any president can do in that realm, but while challenges to the First Amendment usually end up in the courts, in the time the cases take to be resolved, Trump can make the lives of journalists and publishers miserable indeed.
Tinker, Tailor, Journalist, Spy
Among the threats keeping free press advocates up at night is abuse of the Espionage Act. That law dates from 1917 during World War I, when it was used to prosecute anti-draft and anti-war activists and is now used to prosecute government employees for revealing confidential information.
Before Trump himself was charged under the Espionage Act for illegally retaining classified documents at his Mar-a-Lago estate in Florida after he left office, his Justice Department used it to prosecute six people for disclosing classified information. That included Wikileaks founder Julian Assange on conspiracy charges—the first time the Espionage Act had ever been used against someone for simply publishing such information. The case continued under President Joe Biden until Assange’s plea deal this past summer, when he admitted guilt in conspiring to obtain and disclose confidential U.S. documents, thereby setting an unnerving precedent for our media future.
In his first term, Trump’s was a particularly leaky White House, but fewer leakers (or whistleblowers, depending on your perspective) were indicted under the Espionage Act then than during Barack Obama’s administration, which still holds the record with eight prosecutions, more than all previous presidencies combined. That set the tone for intolerance of leaks, while ensnaring journalists trying to protect their sources. In a notably durable case—it went on from 2008 to 2015—James Risen, then a New York Times reporter, fought the government’s insistence that he testify about a confidential source he used for a book about the CIA. Although Obama’s Justice Department ultimately withdrew its subpoena, Risen’s protracted legal battle clearly had a chilling effect (as it was undoubtedly meant to).
Governments of all political dispositions keep secrets and seldom look kindly on anyone who spills them. It is, however, the job of journalists to inform the public about what the government is doing and that, almost by definition, can involve delving into secrets. Journalists as a breed are not easily scared into silence, and no American journalist has been found guilty under the Espionage Act so far, but that law still remains a powerful tool of suppression, open to abuse by any president. It has historically made self-censorship on the part of reporters, editors, and publishers an appealing accommodation.
Testing the Limits
Years ago, the legal theorist Thomas Emerson pointed to how consistently expression has indeed been restricted during dark times in American history. He could, in fact, have been writing about the response to protests over the war in Gaza on American campuses, where restrictions came, not from a government hostile to unfettered inquiry, but from institutions whose purpose is supposedly to foster and promote it.
After a fractious spring, colleges and universities around the country were determined to restore order. Going into the fall semester, they changed rules, strengthened punishments, and increased the ways they monitored expressive activities. To be fair, many of them also declared their intention to maintain a climate of open discussion and learning. Left unsaid was their need to mollify their funders, including the federal government.
In a message sent to college and university presidents last April, the ACLU recognized the tough spot administrators were in and acknowledged the need for some restrictions, but also warned that “campus leaders must resist the pressures placed on them by politicians seeking to exploit campus tensions to advance their own notoriety or partisan agendas.”
The marginal might be—today or sometime in the future—what we ourselves want to say, support, or advocate.
As if in direct rebuttal, on Halloween, the newly philosemitic House Committee on Education and the Workforce issued its report on campus antisemitism. Harvard (whose previous president Claudine Gay had been forced out, in part, because of her testimony to the committee) played a large role in that report’s claims of rampant on-campus antisemitism and civil rights abuses. It charged that the school’s administration had fumbled its public statements, that its faculty had intervened “to prevent meaningful discipline,” and that Gay had “launched into a personal attack” on Rep. Elise Stefanik, a Republican committee member and Harvard graduate, at a Board of Overseers meeting. The report included emails and texts revealing school administrators tying themselves in knots over language that tried to appease everyone and ended up pleasing no one. The overarching tone of the report, though, was outrage that Gay and other university presidents didn’t show proper obeisance to the committee or rain sufficient punishment on their students’ heads.
Harvard continues to struggle. In September, a group of students staged a “study-in” at Widener, the school’s main library. Wearing keffiyehs, they worked silently at laptops bearing messages like “Israel bombs, Harvard pays.” The administration responded by barring a dozen protesters from that library (but not from accessing library materials) for two weeks, whereupon 30 professors staged their own “study-in” to protest the punishment and were similarly barred from the library.
The administration backed up its actions by pointing to an official statement from last January clarifying that protests are impermissible in several settings, including libraries, and maintained that the students had been forewarned. Moreover, civil disobedience comes with consequences. No doubt the protesters were testing the administration and, had they gotten no response, probably would have tried another provocation. As Harry Lewis, a former Harvard dean and current professor, told The Boston Globe, “Students will always outsmart you on regulating these things unless they buy into the principles.” Still, administrators had considerable leeway in deciding how to respond and they chose the punitive option.
Getting a buy-in sounds like what Wesleyan University President Michael Roth aimed for in a manifesto of sorts that he wrote last May, as students erected a protest encampment on his campus. Laying out his thinking on the importance of tolerating or even encouraging peaceful student protests over the war in Gaza, he wrote, “Neutrality is complicity,” adding, “I don’t get to choose the protesters’ messages. I do want to pay attention to them… How can I not respect students for paying attention to things that matter so much?” It was heartening to read.
Alas, the tolerance didn’t hold. In this political moment, it probably couldn’t. In September, Roth called in city police when students staged a sit-in at the university’s investment office just before a vote by its board of trustees on divesting from companies that support the Israeli military. Five students were placed on disciplinary probation for a year and, after a pro-divestment rally the next day, eight students received disciplinary charge letters for breaking a slew of rules.
Why Fight It
The right to free expression is the one that other democratic rights we hold dear rely on. Respecting it allows us to find better resolutions to societal tensions and interpersonal dissonance than outlawing words. But the First Amendment comes with inherent contradictions so, bless its confusing little heart, it manages to piss off nearly everyone sooner or later. Self-protection is innate, tolerance an acquired taste.
One of the stumbling blocks is that the First Amendment defends speech we find odious along with speech we like, ideas that frighten us along with ideas we embrace, jack-booted marches along with pink-hatted ones. After all, popular speech doesn’t need protection. It’s the marginal stuff that does. But the marginal might be—today or sometime in the future—what we ourselves want to say, support, or advocate.
And so, I return to those long-ago banned book readings, which culminated with everyone reciting the First Amendment together, a tradition I continued with my journalism students whenever I taught about press freedoms. Speaking words out loud is different from reading them silently. You hear and know them, sometimes for what seems like the first time. Maybe that’s why our communal celebration of the First Amendment seemed to amuse, embarrass, and impress the students in unequal measure. I think they got it, though.
I recognize that this kind of exhortation is many planks short of a strategy, but it’s a place to start, especially in the age of Donald Trump, because, in the end, the best reason to embrace and protect the First Amendment is that we will miss it when it’s gone.
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