Just weeks before handing over power to President-elect Donald Trump, US President Joe Biden has commuted the sentences of 37 out of 40 inmates on federal death row, converting their death sentences to life imprisonment without the possibility of parole. This decision, announced on Monday, represents a strong stance against the death penalty that Biden had campaigned against during his presidential run.
Biden’s decision is poised to frustrate Trump’s anticipated plan to restart a rapid series of federal executions—a practice Trump revived during his previous term after a nearly 20-year hiatus. Unlike executive orders, clemency decisions such as these are irreversible, preventing the incoming administration from rescinding Biden’s actions, though future cases could still see an aggressive pursuit of the death penalty.
Since assuming office in January 2021, Biden has put a halt to federal executions, a sharp shift from his predecessor. In recent weeks, he faced mounting pressure from congressional Democrats, religious leaders—including Pope Francis—and advocates against capital punishment to use his executive power to commute sentences before his administration concludes.
“Make no mistake: I condemn these murderers, grieve for the victims of their despicable acts, and ache for all the families who have suffered unimaginable and irreparable loss,” Biden stated in his announcement. “But guided by my conscience and my experience, I am more convinced than ever that we must stop the use of the death penalty at the federal level. In good conscience, I cannot stand back and let a new administration resume executions that I halted.”
This latest clemency decision comes on the heels of Biden’s earlier commutations of nearly 1,500 individuals and pardons for 39 more convicted of nonviolent crimes earlier this month. Additionally, he issued a full and unconditional pardon to his son, Hunter Biden, despite previously asserting he would not do so, in light of Hunter’s tax violations and firearms-related convictions.
However, Biden’s decision does not extend to three notable figures on federal death row: Dzhokhar Tsarnaev, convicted in the Boston Marathon bombing; Dylann Roof, responsible for the Emanuel African Methodist Episcopal Church shooting; and Robert Bowers, convicted for the Tree of Life synagogue massacre. These cases remain embroiled in appeals and legal challenges, which could elongate the timeline before any execution is established.
It’s important to note that Biden’s decision does not influence the nearly 2,200 death row inmates convicted in state courts, as the federal government holds no authority over such cases. As is customary for outgoing presidents, Biden has initiated a series of pardons during the final days of his administration. With close to 12,000 clemency requests having been filed with the Office of the Pardon Attorney in his term, Biden has fulfilled 161 clemency grants—26 being pardons and 135 commutations—by December 9.