Biden Weighs Clemency for Federal Death Row Inmates Ahead of Transition

 December 8, 2024

President Joe Biden is facing mounting pressure from activists and lawmakers to commute the sentences of over three dozen federal death row inmates before President-elect Donald Trump, a strong supporter of capital punishment, takes office.

Many high-profile inmates on federal death row could see their sentences commuted if Biden succumbs to the pressure from activists and lawmakers to take action before Trump becomes president, as the Washington Examiner reports.

Biden, who has previously campaigned on a platform of opposing the death penalty, has yet to fulfill his campaign promise to abolish it, leaving room for his critics to express dissatisfaction with his administration's stance.

Throughout his presidency, Biden has maintained a moratorium on federal executions, which was enacted in 2021. This was a significant departure from the practice during Trump's last months in office when his administration conducted 13 executions after lifting the moratorium put in place by the Obama administration. Now, with Trump poised to return to the presidency, calls for clemency have intensified.

Pressure to Act from Multiple Fronts

The appeal to Biden comes broadly from human rights activists, organizations such as the ACLU and the NACDL, and more than 60 Democrat members of Congress.

They argue that commuting the sentences could halt the continuation of what they see as an unjust capital punishment system. Federal executions have been criticized as being carried out "arbitrarily and unfairly," a sentiment shared by individuals such as Nicholas Cote.

High-profile cases are at stake in this discussion. Among them are the Boston Marathon bomber, Dylann Roof, known for killing nine Black parishioners in a Charleston church, Robert Bowers, who murdered 11 individuals at the Tree of Life synagogue, and Sayfullo Saipov, who carried out an attack on a New York City bike path. Commuting their sentences could not only spare their lives but also prevent the onset of prolonged and costly legal challenges.

The potential commutations are not just a matter of life and death for these individuals. They also serve as a potential political maneuver for Biden, who faces continued scrutiny for his decision to pardon his own son, Hunter Biden. This act has sparked a combination of criticisms and calls for more extensive clemency measures for others languishing on death row.

Clemency Viewed as Strategic Move

Andrew Fleischman has argued that commuting these sentences could be seen as solid policy, noting that it might also help mitigate public discontent surrounding the Hunter Biden pardon. According to Fleischman, it could save taxpayers money and address concerns about how justice is served in such high-stakes cases.

Looking back, Trump's use of the death penalty was notable for its frequency, as his administration conducted 16 federal executions, most of which occurred during his term. The forthcoming Trump administration is expected to expand the scope of the death penalty, even considering its application to crimes like drug trafficking, as well as ensuring "quicker" trial processes for capital crimes.

As Biden's presidency nears its end, his handling of this issue will likely have long-lasting implications. The decision on whether to grant clemency represents a crucial crossroads, with significant pressure from both public opinion and political allies.

Clemency as a Catalyst for Change

The decision to commute would serve to prevent a “brutal” return to executions as anticipated by organizations like the ACLU. Their statement suggests that such a decision would make it impossible for Trump to undertake “another killing spree” in his approaching presidency.

Additionally, commuting the death sentences could provide a political juxtaposition to the Trump administration's active utilization of the death penalty in the past. The challenge and opportunity for Biden lie in harmonizing public sentiment with policy actions that reflect his administration's stated values.

Executive Director of NACDL, Lisa Wayne, has expressed hope for a clemency decision that would balance justice with mercy, sparing the lives of those on federal death row by converting their sentences to life without parole. This aligns with the broader activist sentiment that questions the efficacy and fairness of capital punishment.

Broader Implications of Clemency

Ultimately, Biden's decision regarding clemency not only affects those directly involved but has broader implications for the future of the death penalty in the United States. The actions taken in this final stretch of his presidency might set precedents for how future administrations engage with capital punishment matters.

While Biden navigates this complex issue, it will remain to be seen how he balances the scales of justice between political pragmatism and moral obligation.

The choice before him could redefine not only the lives of those on death row but also influence the nation's stance on capital punishment in the years to come.

The next steps Biden takes could carve a path of transformation in the national dialogue surrounding the legality, morality, and administration of the death penalty, leaving a decisive mark on his presidential legacy and the broader fabric of American justice.

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