WASHINGTON — On Friday, President Joe Biden declared that he would commute the sentences of nearly 2,500 individuals who were convicted of nonviolent drug offenses, taking action in the closing days of his presidency to mitigate what he considers excessive prison terms.
This latest clemency initiative has led Biden to establish a record for the most individual pardons and commutations issued by a U.S. president. Biden expressed his commitment to reversing “disproportionately long sentences in light of current laws, policies, and practices.”
Biden noted, “Today’s clemency action brings relief to individuals who were burdened by lengthy sentences stemming from discredited differences between crack and powder cocaine, along with outdated sentencing enhancements associated with drug offenses.” He emphasized that this step is vital in addressing historical injustices, rectifying sentencing disparities, and allowing deserving individuals to reunite with their families after enduring too much time incarcerated.
While the White House did not disclose the identities of those benefitting from these commutations, Biden indicated that he may continue to evaluate additional cases before President-elect Donald Trump takes office on Monday.
This decision occurs as Biden contemplates issuing expansive pardons for former officials and allies who he fears could be unfairly targeted by the incoming Trump administration. Although the president has absolute authority concerning pardons, a preemptive measure in this context would be both atypical and a potentially contentious application of presidential power.
Shaneva D. McReynolds, president of Families Against Mandatory Minimums (FAMM), remarked that Biden is departing from office with a significant legacy in criminal justice reform.
She stated, “With today’s announcement, he has established a benchmark for presidential clemency while addressing long-standing injustices within our criminal justice system.”
Sarah Gersten, executive director and general counsel of the Last Prisoner Project, described Biden’s clemency as a source of “hope—not merely for those released today, but for all individuals still imprisoned for cannabis offenses and their families who have been affected by the War on Drugs.”
Friday’s announcement follows Biden’s earlier decision to commute the sentences of approximately 1,500 individuals who had been transitioned to home confinement during the coronavirus pandemic. Furthermore, he granted pardons to 39 individuals convicted of nonviolent crimes, marking the most significant single-day clemency act in contemporary American history.
In the previous month, Biden also commuted the sentences of 37 out of 40 individuals on federal death row, changing their sentences to life imprisonment shortly before Trump—an advocate for the expansion of capital punishment—takes office. It is anticipated that Trump would seek to reverse this directive once he assumes the presidency.
Additionally, Biden extended a pardon to his son Hunter, not only for his federal gun and tax offenses but also for any potential federal accusations he could face over an 11-year span, as concerns arose that Trump’s allies might pursue further actions against him.
Looking to the future, it is expected that Biden may implement more focused pardons aimed at assisting allies in his remaining time in office, a common practice for outgoing presidents.
On the final night of his first term, former President Trump executed a series of pardons and commutations for over 140 individuals, including his former chief strategist, Steve Bannon, as well as rappers Lil Wayne and Kodak Black.
Trump’s last act before transitioning out of office was to announce a pardon for Al Pirro, the ex-husband of Fox News personality Jeanine Pirro, who is known to be one of Trump’s most vocal supporters. Al Pirro had received a conviction for conspiracy and tax evasion, leading to a prison sentence exceeding two years in 2000.
