Washington: U.S. President Joe Biden has commuted the sentences of 37 out of 40 federal inmates on death row, converting them to life imprisonment without parole. The decision, announced on Monday, comes just weeks before Biden is set to transfer power to President-elect Donald Trump on January 20.
This significant move challenges Trump’s previously stated plan to expand the use of federal executions. Unlike executive orders, clemency decisions are irreversible by a succeeding president, although future administrations may pursue the death penalty more vigorously in new cases.
Trump had revived federal executions during his first term in office from 2017 to 2021, ending a nearly 20-year hiatus. In contrast, Biden, who campaigned against the death penalty, placed a moratorium on federal executions upon assuming office in January 2021.
US President Joe Biden commuted the sentences for 37 out of 40 federal inmates on death row, converting them to life in prison without parole, while leaving out three of the most well-known men https://t.co/urkV7YAycs pic.twitter.com/9pZeppIVMu
— Reuters (@Reuters) December 24, 2024
Pressure to Act Against Capital Punishment
In recent weeks, Biden faced mounting pressure from congressional Democrats, anti-capital punishment advocates, and religious leaders, including Pope Francis, urging him to act on federal death sentences before leaving office.
“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 stated. “But guided by my conscience and my experience… I am more convinced than ever that we must stop the use of the death penalty at the federal level. In good conscience, I cannot stand back and let a new administration resume executions that I halted.”
Opposition and Controversy
The move drew sharp criticism from Republican leaders and Trump allies. Trump spokesperson Steven Cheung labeled the decision as “a slap in the face to the victims, their families, and their loved ones.” Republican Representative Chip Roy denounced it on social media, calling it “unconscionable,” while Senator Tom Cotton accused Biden and the Democrats of favoring criminals over law-abiding citizens.
Clemency Exceptions
Notably, Biden’s clemency excludes high-profile cases involving terrorism and hate-motivated mass murders. Three federal death row inmates — Dzhokhar Tsarnaev (Boston Marathon bombing), Dylann Roof (Charleston church shooting), and Robert Bowers (Tree of Life synagogue shooting) — are not included due to ongoing appeals and unresolved legal challenges.
Praise from Human Rights Advocates
Human rights organizations have welcomed Biden’s decision. Paul O’Brien, executive director of Amnesty International USA, called it “a significant step towards his 2020 promise to end the death penalty at the federal level and incentivize states to follow suit.”
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Biden’s clemency does not extend to nearly 2,200 death row prisoners convicted in state courts, as federal authority does not cover state-level executions.
Broader Clemency Actions
Earlier this month, Biden granted clemency to nearly 1,500 individuals, including 39 pardons for nonviolent crimes. He also issued a full and unconditional pardon to his son, Hunter Biden, who had been convicted on tax violations and firearms-related charges.
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Kelley Henry, a federal defender representing Rejon Taylor and Ricky Allen Fackrell, two of the commuted inmates, praised Biden’s decision as “an act of grace and mercy.” Taylor and Fackrell, convicted of murder in separate cases, will now serve life sentences.
Henry anticipates that the 37 men will be relocated from death row in Terre Haute, Indiana, to other Bureau of Prisons facilities in the coming months.
