President Joe Biden has commuted the sentences of 37 out of 40 federal death row inmates, converting their sentences to life imprisonment without the possibility of parole.
The three individuals excluded from this decision are Dzhokhar Tsarnaev, responsible for the 2013 Boston Marathon bombing, and Robert Bowers and Dylann Roof, who were convicted for the mass shootings at a synagogue and a church, respectively.
In his statement, Biden expressed his growing conviction that the federal death penalty should be abolished. However, this action does not affect the more than 2,000 individuals sentenced to death by state authorities.
Biden’s move comes ahead of the return of President-elect Donald Trump in January, who had reinstated federal executions during his previous term.
Among those granted clemency are inmates convicted of serious crimes, such as nine individuals who killed fellow prisoners, four who committed murders during bank robberies, and one who killed a prison guard. Biden stressed that while he condemned the actions of these individuals, he also empathized with the victims’ families.
One notable individual, Len Davis, a former New Orleans police officer involved in a drug ring and a woman’s murder, was also given clemency. Billie Allen, who had been on death row for 27 years for a 1997 murder during a bank robbery, expressed “great relief” after his sentence was commuted, maintaining his innocence.
Speaking from prison, Allen said that many inmates were relieved to no longer face the death penalty. He acknowledged the anger some victims’ families might feel but pointed out that some prisoners had vowed to use the opportunity for self-improvement.
However, Heather Turner, whose mother was killed in a 2017 bank robbery, expressed her frustration with Biden’s decision, calling it “gut-wrenching” and suggesting that it lacked consideration for the victims.
The three individuals remaining on death row include Tsarnaev, Roof, and Bowers. Biden, who campaigned against the death penalty, had previously issued a moratorium on federal executions. In contrast, Trump oversaw 13 federal executions in his final months in office after resuming executions in 2020.
Biden’s decision, which cannot be undone by a future president, was met with criticism from some Republicans, including Senator Tom Cotton, who accused Democrats of prioritizing criminals over victims and public safety.
While Biden’s actions impact only federal death sentences, more than 2,250 individuals are still on death row in state jurisdictions. Over 70 state executions have been carried out during Biden’s presidency, but 23 states have abolished the death penalty, with six others, including California and Pennsylvania, imposing moratoriums.
Earlier in December, Biden commuted nearly 1,500 sentences and pardoned 39 individuals convicted of non-violent crimes. He also pardoned his son, Hunter Biden, for charges related to tax evasion and gun possession, making him the first child of a sitting president to be convicted of a crime.
The U.S. Constitution grants the president broad authority to issue pardons and reprieves, with the exception of impeachment cases.