President Joe Biden has recently announced a significant act of clemency, commuting the sentences of approximately 1,500 individuals who had been released from prison to home confinement during the COVID-19 pandemic. Additionally, he is granting pardons to 39 people convicted of nonviolent offenses. This move marks the most substantial single-day clemency action in contemporary U.S. history.
The commutations apply to those who have completed at least one year of their home confinement sentences following their release. As prisons became risk factors for the spread of the virus, many inmates were released to mitigate this issue. A report indicated that at one stage, 20% of the prison population was infected with COVID-19.
Biden indicated that further actions would follow in the coming weeks as he continues to evaluate clemency applications. The previous record for a single-day clemency act was set by former President Barack Obama, who granted 330 commutations just before exiting office in 2017.
In a statement, Biden emphasized the national ethos of second chances and the importance of mercy, stating, “America was built on the promise of possibility and second chances.” As president, he noted his role in extending mercy to those who have shown regret and rehabilitation, as well as addressing disparities in sentencing for non-violent offenders, particularly those related to drug crimes.
This clemency decision follows Biden’s earlier pardon of his son Hunter, who faced charges related to gun possession and tax issues. Advocacy groups have been pressing Biden to extend his pardoning powers to a broader range of individuals, including those on federal death row, ahead of the potential transition of power in January. As part of the conversation around clemency, there are considerations for preemptive pardons for individuals involved in the investigations of former President Trump’s actions regarding the 2020 election results.
Clemency refers to the authority vested in the president to pardon individuals, which relieves them from guilt and consequence. It can also mean commuting a sentence, thereby lessening or entirely removing the punishment, without exonerating the individual. It is common for outgoing presidents to grant clemency as a means to rectify past actions.
The individuals pardoned on Thursday range from ages 36 to 75, with the gender distribution roughly equal between men and women. They had been convicted mainly for nonviolent offenses—including drug-related crimes and theft—and have since turned their lives around, according to officials from the White House. Among the pardoned individuals is a woman who has led disaster response teams, a deacon working as an addiction and youth counselor, a doctoral candidate in biosciences, and a decorated military veteran.
One of the recipients, Trynitha Fulton, 46, expressed her relief and newfound freedom following her pardon. Having previously been convicted for her role in a payroll fraud scheme while teaching middle school in New Orleans, Fulton shared that the pardon lifted a mental burden that had hindered her ability to fully engage in life. She noted that it inspires her to make more impactful choices both personally and professionally.
Fulton has since earned a master’s degree and is actively involved in a nonprofit organization that provides support to New Orleans youth with essential services like food, clothing, and mental health referrals.
Throughout his presidency, Biden has issued a total of 122 commutations and 21 pardons. Additionally, he has pardoned individuals for simple possession and usage of marijuana on federal land and has addressed convictions of former service members related to a now-overturned military ban on consensual same-sex activities.
Pressure from lawmakers continues, urging Biden to consider pardoning Steven Donziger, a human rights attorney who has been under house arrest and faced legal challenges for representing Indigenous farmers in a lawsuit against Chevron. Other advocates are calling for the commutation of sentences for federal death row inmates. Attorney General Merrick Garland has paused federal executions, but Biden’s campaign vow to eliminate the death penalty remains unfulfilled, amidst concerns that executions may resume with the return of a new administration.
With more clemency acts anticipated before Biden’s departure on January 20, the situation remains uncertain regarding any protective actions against potential legal repercussions from Trump. Reports suggest that Biden has been contemplating this issue for several months, grappling with the implications it may have.
Notably, for pardons to be effective, the individuals involved must accept them. Some lawmakers, including newly appointed California Senator Adam Schiff, argue that preemptive pardons would be unwarranted, emphasizing the importance of not using Biden’s remaining time in office to focus on concerns related to Trump.
Former Representative Liz Cheney echoed these sentiments, criticizing Trump’s continued threats towards those involved in the investigations of the January 6 insurrection as detrimental to the rule of law.
Although Biden initially had reservations about pardoning his son, as he believed the case was influenced by political motives, this move has prompted heightened calls from advocates to extend clemency to ordinary Americans. However, polls indicate that public approval for this decision remains comparatively low, hinting at the complex sentiments surrounding the pardoning power.