![](https://www.indianz.com/News/2020/08/26/myronlizer.jpg)
And in another sign of Lizer's lack of influence, Trump on Tuesday night utilized the power of his office to do for someone else what he has so far declined to due for Mitchell. During the RNC, the president announced a pardon for Jon Ponder, who was convicted of robbing a bank not long after the Navajo citizen was tried for two brutal deaths on the reservation. “We believe that each person is made by God for a purpose,” Trump said in a video filmed at the White House. “I will continue to give all Americans, including former inmates, the best chance to build a new life and achieve their own American dream, and a great American dream it is.” Mitchell's convictions for the 2001 murders of 63-year-old Alyce Slim and her 9-year-old granddaughter have been upheld repeatedly by the federal courts. But he was not placed on death row for those horrific crimes -- instead, his capital punishment was linked to carjacking. In taking that route, the George W. Bush administration avoided having to seek the Navajo Nation's consent before executing a tribal citizen. The section of federal law requiring tribal approval, or opt-in to the death penalty, did not have to be invoked. "The federal government betrayed a promise when it sought the death penalty against Lezmond Mitchell nearly two decades ago," former U.S. Senator Russ Feingold and former U.S. Ambassador Keith Harper, a citizen of the Cherokee Nation, wrote on Indianz.Com on Wednesday. "Today, it has the opportunity to make amends and keep that promise by halting his execution." "It costs little to halt the execution of Lezmond Mitchell, a result that would both respect the sovereign dignity of a tribal nation and do the right thing for Mr. Mitchell," Feingold and Harper added. Lezmond has made additional efforts to halt his execution. But on Tuesday night, as the RNC was underway, his appeals to the U.S. Supreme Court were denied, though Justice Sonia Sotomayor said the Trump administration's revival of the federal death penalty warrants a closer look at the long-dormant practice. "I believe that this court should address this issue in an appropriate case," Sotomayor wrote, stressing that Mitchell did not "adequately" present his questions as part of his case. Separately, Mitchell filed a new lawsuit on Tuesday, attempting to prevent his death. But a federal judge on Wednesday morning refused to grant the temporary restraining order his legal team was seeking against the Trump administration. "At the time Mr. Mitchell was sentenced, the government was not carrying out executions for federal prisoners sentenced to death. But in late July 2019, for the first time in over fifteen years, the Department of Justice announced its plans to execute five federal inmates," Judge Royce C. Lamberth, who presided over the landmark Indian trust fund lawsuit for most of its history, pointed out. It was U.S. Attorney General William Barr who resumed the federal death penalty. He described Mitchell and four other federal inmates as "murderers, each of whom was convicted by a jury of his peers after a full and fair proceeding." "The Justice Department upholds the rule of law — and we owe it to the victims and their families to carry forward the sentence imposed by our justice system," Barr said at the time in announcing Mitchell was going to be put to death later in 2019.Ahé’hee, Thank you Mr. President @realDonaldTrump for sharing my #RNC2020 video on your twitter account. As mentioned, we welcome you to our Navajoland, as we look forward to hosting you, to discuss economic development on opportunity zones near the Navajo Nation. https://t.co/Hrp6KgDzRS
— Navajo Nation Vice President Myron Lizer (@NNVP_Lizer) August 26, 2020
![](https://www.indianz.com/News/2020/08/26/lezmondcharlesmitchell.png)
Mitchell's petition to the Supreme Court to overturn the 9th Circuit, however, was denied without comment on Tuesday night. A separate application, the one about which Justice Sotomayor wrote, also was denied. As the Supreme Court push was underway, following the 9th Circuit's refusal to rehear the case, Barr rescheduled Mitchell's execution for August 26. He is set to be put to death at the U.S. penitentiary in Terre Haute, Indiana. With legal appeals almost completely exhausted, Mitchell's last hope lies with Donald Trump. Barring a last-minute intervention, the Navajo man will be put to death at 6pm Eastern, shortly before the Republican Party opens the third night of the convention. He will have died at the age of 38. “I’m excited to endorse President Trump’s re-election," Lizer said on Tuesday night. "And Mr. President, we look forward to hosting you very soon to come visit our land we call Dine’tah."PRESS RELEASE: Navajo Nation calls for end to Federal execution of tribal member, Lezmond Mitchell - https://t.co/Xw4XYhCbVb pic.twitter.com/uW3HER9eFr
— 24th Navajo Nation Council (@NavajoCouncil) August 13, 2020
Join the Conversation
Related Stories
Russ Feingold and Keith Harper: Another broken promise by the United States
(August 26, 2020)Myron Lizer | Republican National Convention #RNC2020 (August 26, 2020)
Navajo man on death row set for execution under Donald Trump's watch (August 26, 2020)
Republicans open presidential convention with familiar anti-tribal messages from Donald Trump (August 25, 2020)
Jenni Monet: Indian Country's ANWR (August 24, 2020)
'Voting is sacred': Democratic convention ends with calls for Indian Country to vote for Joe Biden (August 21, 2020)
Jenni Monet: Meet the Indigenous women who fought for the vote (August 20, 2020)
'We are all related': Indian Country turns out for another day of Democratic convention (August 19, 2020)
Native American Roll Call #DemConvention #DNC #NativeVote20 (August 19, 2020)
Cronkite News: Navajo president speaks at convention as one of Democrat's 'rising stars' (August 19, 2020)
'We need Indian Country to step up': Democrats rally behind Joe Biden and Kamala Harris (August 18, 2020)
Rep. Deb Haaland | Native Americans for Biden | Democratic National Convention (August 18, 2020)
Rep. Sharice Davids | Native Americans for Biden | Democratic National Convention (August 18, 2020)
Trump administration puts tribes at center of another energy development debate (August 17, 2020)
Court upholds death penalty for only Native American on U.S. death row (May 4, 2020)
With execution on hold, Navajo inmate presses court on jury bias claim (December 16, 2019)
Court stays execution of Navajo man to hear claim of possible jury bias (October 9, 2019)
Cronkite News: Trump administration sets execution date for Navajo inmate (July 26, 2019)