Biden Unveils Historic 37 Death Row Commutations: A New Era of Justice

President Biden exercised his clemency powers on Monday to alter the sentences of 37 out of the 40 individuals on federal death row to life imprisonment without parole, marking one of the most impactful actions against capital punishment seen in recent presidential history.

Biden chose not to commute the sentences of three individuals implicated in acts of terrorism or racially motivated mass violence, including Robert Bowers, found guilty for the 2018 mass shooting at a synagogue in Pittsburgh; Dylann Roof, found guilty for the 2015 mass shooting at a Black church in Charleston, S.C.; and Dzhokhar Tsarnaev, convicted for the 2013 bombing during the Boston Marathon.

In an announcement, the president stated that the commutations align with the 2021 moratorium instituted by his administration regarding federal executions.

“Let me be clear: I denounce these murderers, mourn for the victims of their abhorrent actions, and empathize with all families who have endured unimaginable and irreversible loss,” Biden expressed. Referencing his background as a public defender and elected official, Biden stated, “I am more convinced than ever that we must eradicate the use of the death penalty at the federal level.”

He also suggested that the potential actions from the incoming Trump administration influenced his decision.

“In good conscience, I cannot remain passive and allow a new administration to resume executions that I suspended,” Biden remarked.

Among those whose sentences were altered are: former New Orleans police officer Len Davis, who was sentenced for contracting a hitman to murder a woman who lodged a complaint against him; Brandon Council, convicted of killing two women during a bank heist while claiming “demons” dictated people’s thoughts; and Billie Jerome Allen, who was convicted for his role in a bank robbery but campaigned publicly for his innocence (he conversed with NPR from his incarceration facility prior to Biden commuting his sentence).

Biden has claimed to oppose the death penalty but had taken minimal action until now

Advocates, spiritual leaders, and former prison administrators have been prompting Biden to undertake this course with his pardon authority, including Pope Francis, who shared his thoughts from St. Peter’s Square on Dec. 8.

Byran Stevenson, the founder of the Equal Justice Initiative, which combats mass incarceration, labeled Biden’s moves as “a crucial inflection point in putting an end to America’s tragic and flawed application of the death penalty.” In his statement, Stevenson added, “I applaud President Biden for understanding that we shouldn’t take lives to illustrate that taking lives is wrong; we can and should lessen violence in our communities by refusing to endorse further violence and death in our courts and prisons.”

Biden had committed during his 2020 presidential campaign to abolishing the death penalty and mentioned he would advocate for legislation to eliminate the death penalty at the federal level, yet the Biden administration made little progress addressing the issue within Congress. Legislation proposed by Democrats to abolish the death penalty made no headway.

Following President-elect Donald Trump’s election victory last month, advocates renewed focus on the issue, given Trump’s history with federal executions. Trump had reinstated federal executions during his first term in July 2019, after a 17-year hiatus. A total of 13 individuals were executed from that point until the end of his presidency — a record amount of federal executions for a single president.

Biden’s commutations for those on death row are significantly higher than those of his Democratic predecessors. Former President Barack Obama commuted two death sentences at the conclusion of his presidency, while former President Bill Clinton commuted one.

Biden’s measures come shortly after he granted clemency to 39 individuals convicted of nonviolent offenses and altered the sentences of nearly 1,500 others who were placed under home confinement during the COVID pandemic.

Monday’s announcement also follows a dispute regarding Biden’s pardoning of his own son, Hunter Biden, concerning gun and tax offenses.

NPR’s Lexie Schapitl contributed to this report.