President Joe Biden announced on Monday that 37 death sentences are being commuted, leaving only three individuals on federal death row. The commuted sentences will be changed to life imprisonment without the possibility of parole. This decision aligns with the moratorium on federal executions imposed by the Administration, except in cases of terrorism and hate-motivated mass murder. President Biden, acknowledging the gravity of the crimes committed, expressed his condemnation for the offenders, sympathy for the victims, and compassion for the grieving families. He emphasized his belief, based on his experience and conscience, that the federal death penalty should be discontinued. The remaining individuals on federal death row are Robert Bowers, Dylann Roof, and Dzhokhar Tsarnaev. President Biden, who previously advocated for the abolition of the death penalty, has maintained a moratorium on federal executions during his tenure. The Justice Department under Merrick Garland has halted federal executions, although in a recent case involving a white supremacist, the death penalty may be pursued. While many states still allow the death penalty, efforts to end its practice at the federal level continue. Inmates like Billie Allen, who professes his innocence, await clemency. Amidst uncertainties during the previous administration, inmates prepared for potential executions, with increased death penalty discussions. The Federal Bureau of Prisons did not provide immediate comment. Former President Trump had expressed support for the death penalty for drug dealers and certain criminal offenses. Thirteen federal prisoners were executed during his term.
During his first six months in office, President Biden has made significant changes to the federal death penalty system. Prior to his administration, the most recent federal execution took place in 2003. One of the key figures at the forefront of this issue is Kelley Henry, a federal defender representing Rejon Taylor, an inmate who is among those removed from death row due to Biden’s actions. Henry’s involvement in death penalty cases is not new; she previously represented Lisa Montgomery, who was executed during the final days of the Trump administration.
Reflecting on the flurry of federal executions that occurred at the end of Trump’s term, Henry described the pace as “brutal,” suggesting that it seemed as though the legal system was put on hold. When asked about the use of the death penalty towards the end of Trump’s presidency and his plans for the future, a spokesperson for the Trump transition, Karoline Leavitt, affirmed that Trump intended to uphold his campaign promises. These promises included enforcing the death penalty for drug dealers who distribute lethal substances and for illegal immigrant criminals who harm innocent American citizens. Leavitt emphasized that Trump was committed to following through on these pledges.
Expanding the scope of crimes eligible for the death penalty would require congressional support, and any adjustments in this regard are likely to be met with legal challenges. In contrast to Trump’s stance, President Biden recently commuted the sentences of almost 1,500 nonviolent offenders and pardoned an additional 39 individuals. In a statement, Biden underscored the importance of offering second chances and highlighted America’s foundation on the principle of opportunity.
A notable aspect of Biden’s recent pardons was his decision to pardon his son, Hunter Biden, who faced federal gun charges and admitted guilt in a separate federal tax evasion case. The president had previously stated that he would not grant clemency to his son but ultimately reversed this position. Additionally, reports have emerged suggesting that Biden is contemplating pre-emptive pardons for individuals who could potentially be targeted by legal actions during a hypothetical second term for Trump.
This update on the federal death penalty system and the contrasting approaches of the Trump and Biden administrations underscores the ongoing debate surrounding capital punishment in the United States. The perspectives and actions of key players such as Kelley Henry, President Biden, and former President Trump continue to shape the landscape of this contentious issue.
Reported by Megan Lebowitz and Sarah Dean in Washington, with contributions from Abigail Brooks in New York City.
