Biden Commutes the Sentences of Approximately 1,500 Americans: 5 Key Points to Understand
On Thursday, President Joe Biden commuted the sentences of approximately 1,500 individuals convicted of crimes and pardoned 39 others. This action follows the recent pardon of his son, Hunter Biden, earlier this month.
“As president, I have the great responsibility of extending mercy to those who have shown remorse and demonstrated rehabilitation, allowing Americans the chance to engage in daily life and contribute to their communities while working to eliminate sentencing disparities for non-violent offenders, particularly those convicted of drug-related offenses,” Biden expressed in the announcement.
Unprecedented Number of Commutations
The commutations issued on Thursday pertain to individuals who have completed home confinement for at least one year since their release. This shift arose during the COVID-19 pandemic when select prison inmates were released to curb the virus’s spread.
The White House noted that the pardoned individuals “have proven successful rehabilitation and a strong commitment to enhancing the safety of their communities,” stating they have effectively “reintegrated into their families and communities” following their pandemic-era releases.
The group of 1,500 individuals has been serving home sentences for a minimum of one year under the CARES Act, implemented in 2020 during the health crisis.
New Pardons Announced
The individuals pardoned on Thursday had been convicted of nonviolent offenses like drug crimes, according to the White House.
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This group includes a woman who directed emergency response teams during natural disasters, a church deacon serving as a counselor, and a military veteran.
Previously, Biden had granted 122 commutations and 21 other pardons. He has also extended broad pardons to individuals convicted of marijuana-related offenses on federal lands and in Washington, D.C., as well as pardoning former service members convicted under a now-repealed military policy.
This month, Biden pardoned his son, Hunter, for two federal tax and gun-related convictions, which were set for sentencing soon. Additionally, Hunter was pardoned for any potential offenses committed between January 1, 2014, and December 1, 2024.
“He believes in the justice system but feels that political influences tainted the process leading to an injustice,” White House press secretary Karine Jean-Pierre remarked, despite earlier assertions from Biden and other officials that Hunter Biden would not receive a pardon.
The decision to pardon the president’s son has faced bipartisan criticism, with Democratic Governor Jared Polis of Colorado labeling it a “bad precedent” that could be misused by future administrations.
Understanding Commutations and Pardons
The U.S. Constitution grants the president the power to provide clemency, encompassing both pardons and commutations. A pardon absolves federal criminal charges, whereas a commutation merely lessens the penalties without erasing the record.
Typically, presidents grant pardons or commutations toward the end of their terms, using their authority to clear records or conclude prison sentences.
Clemency power has roots in English law, which was adopted in the American colonies and remains a part of the legal framework today. The U.S. Supreme Court has affirmed that the presidential pardon authority is extensive.
During his first term, President Donald Trump issued 237 clemency actions, while President Barack Obama granted clemency 1,927 times during his eight years. Past presidents have pardoned a range of offenses, including drug offenses, fraud, draft evasion during the Vietnam War, and actions taken during the Civil War.
Notably, in 1974, President Gerald Ford granted a preemptive pardon to former President Richard Nixon following Nixon’s resignation amid the Watergate scandal.
Potential for More Pardons Ahead
In his Thursday announcement, Biden indicated that he would consider issuing similar orders before his term ends on January 20, 2025, stating he “will take additional actions in the upcoming weeks.”
Representative Jim McGovern (D-Mass.) and 34 other lawmakers are advocating for a pardon for environmental and human rights attorney Steven Donziger, who spent three years imprisoned or under house arrest over a contempt of court charge linked to his legal representation of farmers against Chevron.
Calls have also emerged from various quarters for Biden to commute federal death row sentences.
Several Democratic lawmakers have publicly urged Biden to issue preemptive pardons for certain individuals.
Discussions Around Pardoning Trump
This week, a notable Democratic representative suggested that Trump should be pardoned regarding the two federal cases initiated against him by special counsel Jack Smith.
Representative Jim Clyburn (D-S.C.), the former House Democratic majority whip, responded affirmatively during an MSNBC interview when asked if Biden should consider pardoning Trump.
“Yes, I believe he should,” Clyburn replied. “He should also grant pardons to others who have faced accusations so we can start anew and foster a sense of optimism for the future.”
“Continuing to dredge up past issues may lead to a disoriented nation,” Clyburn added while also supporting Biden’s decision to pardon his son for the federal convictions.
Senator John Fetterman (D-Pa.) expressed on Truth Social on Tuesday that Trump should receive a pardon for the New York case in which he was convicted on 34 counts of falsifying business records. However, only the governor of New York possesses the authority to grant that pardon, given it is a state charge.
Reported by the Associated Press.
