President Joe Biden announced on Monday that he is granting clemency to 37 out of the 40 individuals on federal death row, changing their sentences to life imprisonment just weeks before President-elect Donald Trump, a strong supporter of capital punishment expansion, assumes office. This decision will spare the lives of those convicted of various crimes, including the murders of law enforcement officers, offenses on federal property, lethal bank robberies, drug-related incidents, and killings within federal facilities. Only three federal inmates remain facing execution: Dylann Roof for the 2015 racially motivated attack at Mother Emanuel AME Church in Charleston, Dzhokhar Tsarnaev for the 2013 Boston Marathon bombing, and Robert Bowers for the 2018 shooting at Tree of Life Synagogue in Pittsburgh, the deadliest antisemitic assault in U.S. history.
Biden expressed his commitment to reducing violent crime and ensuring a fair justice system, stating, “Today, I am commuting the sentences of 37 individuals on federal death row to life imprisonment without the possibility of parole.” This action aligns with the moratorium imposed on federal executions by his administration, except for cases of terrorism and hate-motivated mass murder. The Biden administration initiated a moratorium on federal capital punishment in 2021 to review existing protocols, suspending executions throughout his term. Biden had promised during his 2020 presidential campaign to abolish the federal death penalty and encourage states to follow suit.
Acknowledging the pain of victims and their families, Biden stressed his belief that the federal death penalty should be abolished. He criticized Trump’s stance on executions and vowed not to allow a resumption of federal executions by the incoming administration. Trump, who has advocated for expanding executions, presided over 13 federal executions during his first term, the most under any modern president. Biden’s decision to commute the sentences of most individuals on federal death row reflects his conviction to curtail the use of capital punishment at the federal level.
In January, federal prisoners were executed for the first time by a lame-duck president since Grover Cleveland in 1889. President Biden faced mounting pressure from advocacy groups to curb the expansion of capital punishment for federal inmates under the Trump administration. The President’s decision comes shortly after granting clemency to approximately 1,500 individuals who were released from prison and placed on home confinement during the COVID-19 pandemic, along with 39 others convicted of nonviolent offenses, marking the most extensive single-day act of clemency in modern history.
Moreover, President Biden’s post-election pardon of his son, Hunter, for federal gun and tax charges stirred controversy in Washington, particularly after he previously stated he would not issue such pardons. This move raised concerns about potential preemptive pardons for administration officials and allies who the White House fears could face unjust targeting in a second Trump administration.
Speculation arose regarding President Biden commuting federal death sentences following the announcement of his upcoming trip to Italy, the final foreign visit of his presidency. As a practicing Catholic, President Biden is set to meet with Pope Francis, who recently advocated for prayers for U.S. death row inmates in the hope of securing commutations for their sentences.
Martin Luther King III, a vocal advocate for criminal justice reform, praised President Biden’s actions, stating that the President had taken significant steps to address the racist origins and ongoing disparities in the application of the death penalty. In contrast, Donnie Oliverio, a retired Ohio police officer whose partner was slain by one of the individuals whose death sentence was commuted, expressed that the execution of the perpetrator would not have brought him peace. Oliverio commended President Biden for his decision, aligning it with their shared faith.
The move by President Biden to address capital punishment and issue clemency has sparked discussions on the administration’s stance on criminal justice reform and the death penalty. The decision reflects a broader commitment to addressing systemic inequities within the justice system and aligning policy with moral and ethical considerations.
Reporting by Weissert from West Palm Beach, Florida.