U.S. President Joe Biden has commuted the sentences of 37 out of 40 federal death row inmates, converting their penalties to life imprisonment without parole. This decision reflects his administration’s firm stance against the death penalty, a punishment Biden has long opposed. However, three individuals Dzhokhar Tsarnaev, the Boston Marathon bomber; Dylann Roof, who killed nine Black churchgoers in Charleston, South Carolina; and Robert Bowers, the perpetrator of the 2018 Tree of Life synagogue mass shooting were notably excluded from this clemency measure.
In a statement, President Biden expressed his conviction that the death penalty has no place at the federal level. “I am more convinced than ever that we must stop the use of the death penalty at the federal level,” he stated. The clemency decision aligns with a broader moratorium on federal executions issued by the Department of Justice shortly after Biden assumed office.
The president underscored that his decision is not a gesture of leniency toward the crimes committed. “Make no mistake: I condemn these murderers, grieve for the victims of their despicable acts, and ache for all the families who have suffered unimaginable and irreparable loss,” Biden emphasized.
The Scope and Impact of Biden’s Decision
Biden’s commutations impact only federal death row inmates and do not extend to the more than 2,000 individuals sentenced to death by state courts. According to the Death Penalty Information Center, over 70 executions have been carried out at the state level during Biden’s presidency, demonstrating that the abolition of the death penalty remains a contentious issue within the U.S.
Among those granted clemency are individuals convicted of heinous crimes, including murders during bank robberies, the killing of fellow prisoners, and the assassination of a prison guard. Len Davis, a disgraced former New Orleans police officer involved in orchestrating a murder while running a drug ring, is among the reprieved.
Political Undertones
The timing of Biden’s decision comes just weeks before President-elect Donald Trump is set to return to office in January. During his first term, Trump revived federal executions after a 17-year hiatus, overseeing 13 executions in his final six months. Trump has indicated intentions to expand the use of capital punishment to include drug and human traffickers, as well as undocumented immigrants who kill American citizens.
Biden acknowledged these looming policy differences in his statement, saying, “I could not, in good conscience, stand back and let a new administration resume executions that I halted.” Under U.S. law, presidential clemency decisions are irreversible, effectively shielding Biden’s commutations from being overturned.
Broader Implications for the Death Penalty
Biden’s clemency decisions highlight the ongoing divide over the death penalty in the United States. While 23 states have abolished the death penalty, six others including California, Oregon, and Pennsylvania have moratoriums in place. However, executions remain a stark reality in many states, and public opinion on the issue is far from unified.
Earlier this month, Biden also commuted the sentences of nearly 1,500 people and issued 39 pardons for nonviolent offenses, reinforcing his administration’s broader criminal justice reform agenda. Notably, among those pardoned was his son, Hunter Biden, convicted on tax and firearm-related charges.
Biden’s approach to clemency reflects a careful balance of morality, justice, and political pragmatism. While his decision may ignite partisan debates, it underscores his commitment to ending the federal death penalty and advancing criminal justice reform.
As the U.S. prepares for another shift in leadership, Biden’s actions will likely resonate for years, shaping the national conversation on capital punishment and the broader implications of clemency.
