NATIONAL CONGRESS OF AMERICAN INDIANS

August 18, 2020

Honorable Donald J. Trump

President of the United States of America
The White House
1600 Pennsylvania Avenue NW
E X ECUT IV E C O MMIT TE E Washington, DC 20500
P RESIDENT
Fawn R. Sharp
Quinault Indian Nation Re: Clemency for Lezmond Mitchell
1 ST V ICE P RESIDENT
Aaron Payment
Sault Ste. Marie Tribe of Chippewa
Indians Dear Mr. President:
R ECORDING S ECRETARY
Juana Majel-Dixon
Pauma Band of Luiseño Indians On behalf of the National Congress of American Indians (NCAI), the oldest and
T REASURER largest organization comprised of American Indian and Alaska Native tribal
Clinton Lageson
Kenaitze Indian Tribe nations and their citizens, I write to respectfully urge you to grant clemency to
R E G I O N AL V I C E
Lezmond Mitchell, a citizen of the Navajo Nation, and commute his death
P RES IDE NT S sentence to life without the possibility of release. Mr. Mitchell’s execution is
ALASKA
Rob Sanderson, Jr.
currently scheduled for August 26, 2020, and he is the only tribal citizen on
Tlingit & Haida Indian Tribes of
Alaska
federal death row.
E ASTERN O KLAHOMA
Norman Hildebrand
Wyandotte Nation
Mr. Mitchell’s death sentence was imposed for a crime that occurred against
G REAT P LAINS
Navajo citizens on Navajo lands, and the Navajo Nation has opposed the death
Larry Wright, Jr.
Ponca Tribe of Nebraska
sentence in this case. The Federal Death Penalty Act of 1994 generally gives tribal
MIDWEST nations the authority to opt in to the federal death penalty for crimes committed on
Shannon Holsey
Stockbridge-Munsee Band of tribal lands, including murder under the Major Crimes Act. 18 U.S.C. § 3598.
Mohican Indians
This provision appropriately requires that the federal government defer to tribal
N ORTHEAST
Tina Abrams nations on whether to seek capital sentences—specifically where the federal
Seneca Nation of Indians
government is prosecuting serious crimes committed by Indians against other
N ORTHWEST
Leonard Forsman persons within an Indian reservation.
Suquamish Tribe

P ACIFIC
Erica Rae Macias In this case however, the United States charged Mr. Mitchell with carjacking
Cahuilla Band of Indians

R OCKY MOUNTAIN
resulting in death, under a federal statute of general applicability, rather than
Mark Pollock
Blackfeet Nation
charging Mr. Mitchell with murder under the Major Crimes Act, in order to avoid
S OUTHEAST
this provision and obtain a death sentence despite the Navajo Nation’s objections.
Nancy Carnley
Ma-Chis Lower Creek Indian Tribe of
The Nation has never opted in to the federal death penalty and has consistently
Alabama opposed capital punishment on cultural and religious grounds.
S OUTHERN P LAINS
Robert Tippeconnie
Comanche Nation
The Nation’s opposition has been consistent since 2002, when the Nation formally
S OUTHWEST
Vacant requested that the Department of Justice not seek the death penalty against Mr.
W ESTERN Mitchell. Letter from Levon Henry, Attorney General of the Navajo Nation, to
Vacant
Paul Charlton, United States Attorney (Jan. 22, 2002). In doing so, the Nation
CHIEF EXECUTIVE OFFICER
Kevin Allis explained:
FOREST COUNTY POTAWATOMI
COMMUNITY

NCAI HEADQUARTERS Our culture and tradition teach us to value life and instruct against
1516 P Street, N.W.
Washington, DC 20005 the taking of human life for vengeance. . . . Committing a crime not
202.466.7767
202.466.7797 fax
only disrupts the harmony between the victim and the perpetrator but
www.ncai.org it also disrupts the harmony of the community. The capital
punishment sentence removes . . . any possibility of restoring the
harmony in a society.
Id. at 2. The U.S. government’s decision to pursue a death sentence in Mr. Mitchell’s case
contravenes both the Navajo Nation’s sovereign prerogatives, as recognized by Congress, and
the federal policy of tribal self-determination in general. If his execution is allowed to proceed, it
will set a dangerous precedent.

Consistent with the position of the Navajo Nation, and with your Administration’s stated
position of respect for tribal self-determination, we urge you to commute Mr. Mitchell’s death
sentence. Thank you for your consideration.

Sincerely,

Fawn Sharp,
NCAI President

Cc: William Barr, Attorney General, Department of Justice

David Bernhardt, Secretary, Department of the Interior
Tara Sweeney, Assistant Secretary-Indian Affairs, Department of the Interior
Tracy Toulou, Director, Office of Tribal Justice, Department of Justice