Clemency News: Biden Grants Commutations to Hundreds of CARES ACT and Death Row Inmates

Recently President Biden Granted Clemency to hundreds of individuals in the past few weeks; some of which were on Federal Death Row. Let's take a look at what clemency is, how it was used in this case and where we go from here.

The President's Clemency Power

As explained on our clemency page, the constitution grants the President the power of clemency, where they engage in executive forgiveness with the stroke of their pen. This power comes in two ways: Pardons and Commutations. Pardons are forgiveness for people who are already out of prison and seeking forgiveness to do things like carry a firearm or potentially vote, depending on the state. Commutations allow the president to reduce the sentence, the amount of supervised release, or as we will see, prevent the execution of a person.

Biden Grants Clemency to Many CARES Act Recipients

The CARES Act, its retirement and its consequences

As many of you remember, the CARES Act, in part, sent many federal inmates home to their families to stay safe from the COVID-19 pandemic. Thousands of inmates were sent home with the overwhelming majority serving their sentences, reporting in to their probation officers and moving on without a hitch.

On his way out, then-President Trump's Justice Department indicated that these individuals would need to go back to prison once the pandemic ended, the national emergency ceased or there was a joint resolution deeming the home confinement no longer necessary. Biden was petitioned to prevent this and he did so. However, many inmates remained on home confinement for several years.

The Re-election of President Trump created a situation where the remaining individuals who were on CARES Act relief needed a solution or they risked being sent back to prison.

On December 12, 2024 the Biden White House announced the grant of clemency for 1,500 persons:

Today, President Biden announced that he is granting clemency to nearly 1,500 Americans – the most ever in a single day – who have shown successful rehabilitation and a strong commitment to making their communities safer. The President is commuting the sentences of close to 1,500 individuals who were placed on home confinement during the COVID-19 pandemic and who have successfully reintegrated into their families and communities. He is also pardoning 39 individuals who were convicted of non-violent crimes. These actions represent the largest single-day grant of clemency in modern history.

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The nearly 1,500 individuals who received commutations today have been serving their sentences at home for at least one year under the COVID-era CARES Act. These Americans have been reunited with their families and shown their commitment to rehabilitation by securing employment and advancing their education. The 39 individuals receiving pardons today were convicted of non-violent crimes, including drug offenses, and have turned their lives around. These individuals are parents, veterans, health care professionals, teachers, advocates, and engaged members of their communities. Many of them have used their experiences in the criminal justice system to inspire and encourage others.

In addition to the 1,500 commutations, 39 pardons were also granted. The full list is here.

Biden Commuted the Death Sentences of All but a few Death Row Inmates

In addition to the above, the President also commuted the sentences of all but a few Death Row inmates. Biden put a halt to the carrying out of federal executions during his time in office, but several individuals still remained on death row.  Given that President-Elect Trump did carry out executions during his time in office it was reasonable to presume that he would again.

The death sentences of three people were not commuted. Two of which were mass shooters whose killings where racially motivated, and the other one involved with the bombing of the Boston Marathon.

Update:  Biden Granted Clemency to 2500, Setting a Record for Clemencies

On December 17 2024 President Biden Granted Clemency to 2490 individuals, making him the person who used his clemency power the most.

President Biden announced on Friday that he is commuting the sentences of nearly 2,500 people convicted of nonviolent drug crimes who are serving far longer sentences than they would receive today.

"With this action, I have now issued more individual pardons and commutations than any president in U.S. history," Biden said in a statement, hinting there may be more to come before he leaves office on Monday.

"I am proud of my record on clemency and will continue to review additional commutations and pardons," he said.

Last month, Biden commuted the death sentences of 37 federal prisoners to life in prison without parole. He also commuted 1,500 prison sentences and pardoned 39 people in what the White House called the largest act of clemency in a single day in modern presidential history.

The individuals receiving clemency on Friday had received sentences that were longer than they would be under current laws and policies, the White House said.

Crack cocaine offenses historically had significantly harsher prison sentences than those for powder cocaine — a difference that disproportionately affected Black men. A bill to address the issue died in the Senate.

-NPR, Biden shortens sentences for nearly 2,500 people, setting a record

As indicated in the clemency warrants (warrant 1) (warrant 2) (warrant 3), some people received reductions so that they were immediately released, some people received reductions where their sentences were drastically reduced but immediately released and some were reduced from a sentence of life to some number where they can actually leave the Bureau of Prisons while they are alive. Great news for many of these people.

Biden's Clemency Actions Angered Judges, Baffled Lawyers and Offended Many inside the Justice Department

A WSJ Exclusive noted that Biden's clemency actions caused shock and confusion for many in the legal field:

The zeal to achieve that goal resulted in a haphazard White House process that prompted anger and dismay inside the Justice Department, where officials believed Biden granted mercy to many offenders with violent histories who didn’t deserve it, according to people familiar with the matter.

The WSJ article goes on to state that lawyers did not understand the criteria that was being used and that families of violent crime complained to their congressional representatives.

Conclusion/Opinion

2500 clemencies in one day is a serious accomplishment, there is no denying that. That is 2500 people that will be able to see the light of day some time earlier than they would have previously. That's really something.

It appears that the decisions around who would receive clemency and who would not are somewhat arbitrary under either administration. But this has honestly always been the case. Whether or not a person received clemency was always a mix of certain factors, sometimes those factors were very case-specific.  But there is always a story about some person still in the BOP who had a very similar factual and rehabilitative circumstance to someone who got clemency; it's bound to happen when there are over 100,000 people behind the walls of the prison.