Human rights activists, former corrections officials, and families of crime victims have called on President Biden to commute the sentences of all 40 federal death row inmates before leaving office. The appeal, made through a series of open letters on Monday, highlights Biden’s campaign promise to oppose the death penalty. The urgency stems from President-elect Donald Trump’s support for capital punishment, evidenced by his resumption of federal executions during his first term.
The coalition urged Biden to use his clemency powers to convert death sentences to life without parole. The letters coincide with broader efforts by congressional Democrats to address long-standing disparities in sentencing and mass incarceration. Notable supporters of this initiative include Representative James Clyburn of South Carolina, a key Biden ally.
Biden has so far granted 161 clemency requests—26 pardons and 135 commutations—falling short of Trump’s 238 total clemency actions during his first term. Despite issuing a moratorium on executions upon taking office, Biden’s Justice Department has continued prosecuting federal death penalty cases, leading to criticism from activists and some Democratic lawmakers. White House Press Secretary Karine Jean-Pierre stated Biden is thoroughly considering additional clemency actions before his term ends.
Activists argue the death penalty is fundamentally unjust and inconsistent with Biden’s stated principles. One of the letters read, “As your time in office comes to a close, there is an unprecedented need for you to cement your commitment to remedying injustices by exercising executive clemency and commuting the death sentences of those on federal death row.”
In addition to death row cases, advocates are urging Biden to grant clemency to other groups, including nonviolent drug offenders, elderly inmates, and those who received excessive sentences. Some also seek clemency for individuals released to home confinement during the COVID-19 pandemic, fearing they may be returned to prison under a new administration.
Biden’s potential clemency decisions are seen as pivotal in determining his legacy on criminal justice reform and addressing decades of punitive sentencing policies that have disproportionately impacted minority communities.