Biden Issues More Commutations as Presidency Comes to a Close

Joe Biden

President Biden commutes sentences of 2,500 non-violent drug offenders, setting a new record for clemency actions in U.S. history.

At a Glance

  • Biden commuted sentences for nearly 2,500 inmates convicted of non-violent drug offenses.
  • Action addresses disproportionately long sentences, particularly for crack versus powder cocaine offenses.
  • Move aligns with Fair Sentencing Act of 2010 and First Step Act of 2018.
  • Biden now holds record for most individual pardons and commutations by a U.S. president.
  • White House has not released names of those receiving commutations.

Biden’s Unprecedented Clemency Action

President Joe Biden has taken a significant step in criminal justice reform by commuting the sentences of nearly 2,500 individuals convicted of non-violent drug offenses. This action marks the largest single-day clemency in U.S. history, addressing longstanding disparities in sentencing laws and offering new hope to those affected by past drug policies.

The commutations primarily target individuals who received disproportionately long sentences compared to current laws, particularly for offenses involving crack versus powder cocaine. This move aligns with the Fair Sentencing Act of 2010 and the First Step Act of 2018, both aimed at correcting sentencing disparities in the justice system.

Record-Breaking Clemency

With this latest action, Biden has solidified his position as the president who has issued the most individual pardons and commutations in U.S. history. On December 12, he granted clemency to 1,539 individuals, commuting 1,500 sentences and pardoning 39 others in a single day.

“With this action, I have now issued more individual pardons and commutations than any president in U.S. history.” – Biden

The President has expressed pride in his clemency record and plans to continue reviewing cases before his term ends. As of January 13, there were 1,947 individuals awaiting pardons and approximately 6,625 cases awaiting commutation, indicating that more clemency actions may be forthcoming.

Addressing Sentencing Disparities

Biden’s clemency initiative aims to correct historical injustices in the criminal justice system, particularly those stemming from the war on drugs. The action focuses on individuals who received lengthy sentences based on now-discredited distinctions between crack and powder cocaine, as well as outdated sentencing enhancements for drug crimes.

“Today’s clemency action provides relief for individuals who received lengthy sentences based on discredited distinctions between crack and powder cocaine, as well as outdated sentencing enhancements for drug crimes.” – Biden

The White House has not released the names of those receiving commutations, maintaining privacy for the affected individuals. This mass commutation is seen as a step towards righting historical wrongs and providing second chances to those who have been disproportionately affected by past drug policies.

Criticism and Controversy

While many view this action as a positive step towards criminal justice reform, Biden has faced bipartisan criticism for some of his clemency decisions. Notable among these are the commutation of sentences for 37 out of 40 people on federal death row, converting them to life imprisonment, and the controversial pardon of his son Hunter Biden for federal gun and tax violations.

As Biden’s presidency nears its end, there is speculation that he may issue more targeted pardons for allies, a common practice for outgoing presidents. This possibility, along with the unprecedented scale of his clemency actions, continues to fuel debate about the use of presidential pardoning power and its implications for the justice system.

Sources:

  1. Biden Commutes 2,500 Sentences for Non-Violent Drug Offenders
  2. Biden commutes nearly 2,500 more sentences in final days of presidency
  3. Biden sets record by commuting sentences of nearly 2,500 people convicted on nonviolent drug charges