President Biden’s pre-Christmas clemency grant, commuting the sentences of 37 federal death row inmates to life imprisonment without parole, has sparked both praise and controversy. The White House framed the decision as an act to ensure a fair and effective justice system, aligning with Biden’s long-held opposition to the death penalty. While acknowledging the heinous nature of the crimes and expressing sympathy for the victims and their families, Biden stated his belief that the federal government should not be involved in capital punishment. This commutation effectively halts any potential resumption of federal executions under future administrations. However, critics question the breadth of the clemency, given the severity of the crimes committed by some of the beneficiaries.
The list of inmates whose sentences were commuted includes individuals convicted of horrific acts, including child murders, mass killings, and the murder of fellow inmates. Thomas Sanders, for example, kidnapped and murdered a 12-year-old girl after killing her mother. Anthony Battle murdered a prison guard while serving a life sentence for the rape and murder of his wife. Jorge Avila-Torrez sexually assaulted and murdered two young girls and later strangled a naval officer. These are just a few examples of the violent histories of those granted clemency. The nature of these crimes has fueled criticism of Biden’s decision, with opponents arguing that such leniency diminishes the gravity of the offenses and disrespects the victims and their surviving families.
Further controversy arises from the inclusion of individuals like Iouri Mikhel, convicted of murdering five immigrants after kidnapping them for ransom, and Kaboni Savage, convicted of ordering the deaths of 12 people, including four children. James Roane, Jr., another beneficiary, participated in the murder of 11 people. These cases highlight the extreme violence associated with some of the inmates granted clemency, further intensifying the debate surrounding Biden’s decision. The sheer number of individuals granted clemency, and the heinous nature of their crimes, has led to accusations that Biden is prioritizing the rights of convicted murderers over the justice owed to victims.
Notably absent from the clemency list were three high-profile inmates: Dzhokhar Tsarnaev, the Boston Marathon bomber; Robert Bowers, who perpetrated the Pittsburgh synagogue shooting; and Dylann Roof, who committed the Charleston church massacre. The exclusion of these individuals, whose crimes resulted in significant loss of life and national trauma, underscores the complex considerations involved in clemency decisions. While Biden’s commutation focuses on abolishing the death penalty at the federal level, the decision to exclude these specific individuals seems to acknowledge the exceptional nature of their crimes and the public sentiment surrounding them.
This latest act of clemency follows a series of other controversial uses of presidential pardon power by Biden. Just weeks prior, he granted a full pardon to his son, Hunter Biden, for federal gun and tax offenses. He also commuted the sentences of nearly 1,500 individuals released from prison during the COVID-19 pandemic, a group that included individuals convicted of multiple murders and large-scale theft. These actions have further fueled accusations of favoritism and inconsistency in Biden’s application of clemency powers. Critics argue that these pardons and commutations demonstrate a disregard for the rule of law and undermine public trust in the justice system.
Adding to the controversy is Biden’s unfulfilled campaign promise to release all individuals incarcerated for marijuana offenses. While he issued a mass pardon for simple possession convictions, this gesture was largely symbolic, as none of those pardoned were actually in prison. This move angered incarcerated individuals and activists who viewed it as a hollow political maneuver, further illustrating the complex and often contentious nature of presidential clemency. The disparity between Biden’s campaign rhetoric and his actions in office has left many feeling betrayed and questioning the sincerity of his commitment to criminal justice reform.
