Two federal death row inmates reject Biden’s commutation of their sentences

Shannon Agofsky and Len Davis, among 37 federal inmates whose death sentences were recently commuted by President Joe Biden, are taking the unusual step of rejecting the clemency. Both men have filed emergency motions in federal court to block the commutation, arguing that it undermines their ability to appeal their cases and assert claims of innocence.

Legal challenges to commutation

Agofsky and Davis argue that the heightened scrutiny afforded to death penalty cases is crucial for their ongoing appeals. Agofsky, convicted of two murders, claims he is innocent of the original charges and is disputing aspects of his later conviction. Similarly, Davis, a former New Orleans police officer convicted of orchestrating a murder, asserts that his trial was marred by misconduct and jurisdictional overreach.

Despite their objections, legal experts note that presidential clemency does not require inmate consent. A 1927 Supreme Court ruling affirms that commutations are constitutionally authorized acts of public welfare. Still, both men are seeking judicial intervention to prevent their sentences from being commuted to life without parole.

Biden’s anti-death penalty stance

President Biden’s decision to commute the sentences of 37 federal death row inmates aligns with his longstanding opposition to capital punishment. Biden cited moral and practical concerns, stating, “I cannot stand back and let a new administration resume executions that I halted.” His administration also imposed a moratorium on federal executions.

Biden’s move drew praise from human rights groups but also criticism, particularly for sparing individuals convicted of heinous crimes. Notably, three federal death row inmates involved in mass killings or terrorist attacks were excluded from the commutations.

Advocates for the inmates

Agofsky’s wife, Laura, has become an advocate for his case, working with the German Coalition to Abolish the Death Penalty. She argues that the commutation diminishes his chances of proving innocence. Davis, who maintains his innocence, continues to claim misconduct in his prosecution and trial.

Broader implications

The commutations underscore a stark contrast between Biden’s and President-elect Donald Trump’s positions on capital punishment. While Biden seeks to abolish the federal death penalty, Trump has pledged to expand its use. This political divide highlights the broader debate over the future of capital punishment in the United States.

Both inmates’ challenges reflect the complexities of clemency in death penalty cases and the tension between presidential authority and individual rights. Whether their efforts to block the commutations succeed could set a legal precedent in future cases.