President Joe Biden faces mounting calls from Democrats and criminal justice advocates to use his clemency powers more extensively before his term concludes. The recent pardon of his son,
Hunter Biden, has amplified these demands, spotlighting the potential for Biden to leave a lasting legacy in criminal justice reform. Lawmakers and activists alike argue that Biden’s clemency decisions in these final months could shape his presidency’s legacy and redefine the clemency landscape.
Hunter Biden’s Pardon: The Catalyst for Renewed Clemency Demands
The clemency granted to Hunter Biden—a sweeping pardon for gun-related charges, tax offenses, and other potential federal crimes—has stirred both praise and controversy. While critics view the move as preferential treatment, supporters see it as an opportunity to advocate for broader use of Biden’s clemency powers.
Democratic lawmakers like Rep. Ayanna Pressley (D-Mass.) have openly urged the president to build on this action. “Hunter Biden was pardoned because he is the president’s son,” Pressley remarked. “Now, the president should extend this fairness to others, especially nonviolent offenders and death row inmates.”
A Legacy in the Balance: Biden vs. Clemency Precedents
President Biden’s clemency record includes 25 individual pardons and 135 sentence commutations, a commendable number compared to other recent presidents. Yet, many argue this falls short when juxtaposed with President Barack Obama’s record of 1,700 commutations during his tenure. Advocates stress the need for Biden to embrace this historical momentum.
Daniel Landsman of Families Against Mandatory Minimums
highlights that outdated sentences and disparities, such as the 18-to-1 crack-to-powder cocaine sentencing gap, urgently require Biden’s attention. “This is his last chance to cement a transformative legacy,” Landsman noted. “The clemency actions so far, though notable, are not enough to address systemic injustices.”
Broadening Clemency: Advocates’ Key Priorities
Advocates have outlined several key areas where Biden’s clemency actions could have the greatest impact:
Death Row Inmates: Activists are calling for relief for federal death row inmates, emphasizing the disproportionate impacts of capital punishment on marginalized communities.
Nonviolent Drug Offenders: Despite progress in pardoning individuals convicted of marijuana possession, many nonviolent drug offenders remain incarcerated under outdated sentencing laws.
Outdated Sentencing Guidelines: Individuals sentenced before 1987, when federal sentencing guidelines were adopted, are a focus for clemency campaigns.
CARES Act Home Confinement Cases: Many individuals under home confinement due to COVID-19 policies face uncertainty about their future. Advocates urge Biden to grant them clemency.
Military and LGBTQ+ Convictions: Biden’s past pardons of military veterans convicted of consensual gay sex underline the need to address injustices in these cases comprehensively.
White House Signals More Clemency Actions
White House officials have hinted at forthcoming clemency decisions as Biden approaches the end of his term. Press Secretary Karine Jean-Pierre recently stated that the president takes his responsibility to ensure justice in the criminal system “very seriously” and that “more pardons and clemency actions” are expected.
This optimism aligns with a Nov. 20 letter from more than 60 House Democrats urging Biden to use his clemency powers to address mass incarceration. Rep. Mary Gay Scanlon (D-Pa.) and Rep. Jim Clyburn (D-S.C.) have also joined these calls, emphasizing the importance of protecting vulnerable individuals from political retribution under a potential Trump administration.
The Role of Political Pressure in Clemency Decisions
The Hunter Biden pardon has also sparked conversations about preemptive pardons for public officials who could face legal challenges if Donald Trump returns to the White House. Concerns about retributive investigations by a Trump-led Department of Justice have led some Democrats to advocate for preemptive clemency as a protective measure.
Rep. Brendan Boyle (D-Pa.) warned of Trump’s plans to target critics and political opponents, emphasizing the need for proactive clemency. “We need to ensure these individuals, including military personnel and civil servants, are protected from politically motivated prosecutions,” Boyle stated.
Criminal Justice Reform and the Path Forward
The push for expanded clemency highlights broader conversations about criminal justice reform in the United States. Advocates like Zöe Towns, executive director of FWD.US, argue that clemency is a critical tool for addressing mass incarceration and systemic inequities.
“Thousands of people in federal prisons are serving outdated sentences,” Towns explained. “This is a clear opportunity for the president to act decisively and set a precedent for future administrations.”
Conclusion: A Defining Moment for Biden’s Presidency
As President Joe Biden approaches the end of his term, the pressure to expand his clemency actions is intensifying. From addressing outdated sentencing laws to protecting vulnerable individuals from political retribution, Biden’s use of clemency could shape his legacy as a champion of justice and fairness. With advocates and lawmakers urging bold action, the coming weeks may define how history remembers Biden’s presidency in the realm of criminal justice reform.
Frequently Asked Questions
1. Why are Democrats urging Biden to expand clemency?
Democrats believe that Biden has a unique opportunity to address systemic injustices, including outdated sentencing laws and mass incarceration. They see clemency as a tool to promote fairness and equity in the criminal justice system.
2. How does Hunter Biden’s pardon impact this push?
The pardon has reignited debates about the president’s clemency powers. Advocates argue that if Biden can pardon his son, he should extend similar fairness to others, particularly nonviolent offenders and death row inmates.
3. What clemency actions has Biden taken so far?
Biden has granted 25 pardons and 135 commutations, including clemency for individuals convicted of marijuana possession and nonviolent drug offenses. However, advocates argue that more action is needed to match historical precedents.
4. What are the key areas where advocates want Biden to act?
Advocates are focusing on relief for death row inmates, nonviolent drug offenders, individuals under outdated sentencing guidelines, and those in home confinement under CARES Act policies.
5. Will Biden issue more pardons before leaving office?
The White House has indicated that more clemency actions are expected in the coming weeks. Biden’s final decisions on this matter could significantly impact his legacy and the broader conversation on criminal justice reform.