(LibertySociety.com) – As President Biden approaches the end of his term, reports suggest he is considering commuting the sentences of nearly all federal death row inmates. This potential decision, first reported by The Wall Street Journal, could reshape the federal government’s approach to capital punishment and complicate the plans of President-elect Donald Trump, who has vowed to expedite federal executions once in office.
Attorney General Merrick Garland, tasked with overseeing the federal prison system, has reportedly recommended commutation for most of the approximately 40 inmates on death row, with exceptions for a handful of high-profile cases. Sources indicate that individuals such as Dzhokhar Tsarnaev, the Boston Marathon bomber; Robert Bowers, the perpetrator of the Tree of Life synagogue massacre; and Dylann Roof, who killed nine parishioners at a Charleston church, may not be included in the clemency plan. These cases represent some of the most notorious crimes in recent history and are likely to remain subject to capital punishment.
Other inmates whose sentences could be commuted to life in prison include individuals convicted of heinous crimes such as child murders, kidnappings, and execution-style killings. These cases span a variety of circumstances, from a former Marine who killed a naval officer and two young girls to perpetrators involved in a deadly ransom scheme targeting immigrants.
The potential clemency decision comes shortly after Biden’s conversation with Pope Francis. The Pope, a vocal opponent of the death penalty, included a call for the commutation of condemned inmates in his weekly prayer. This religious and moral influence may weigh heavily on Biden, a practicing Catholic who has long opposed capital punishment. During his 2020 campaign, Biden pledged to eliminate the death penalty at the federal level and encourage states to follow suit.
Since taking office, Biden has taken a measured approach, with Garland announcing a moratorium on federal executions in 2021 to allow for further review of the practice. No federal executions have occurred during Biden’s tenure, a stark contrast to the Trump administration, which resumed federal executions after a 17-year hiatus.
A decision on the commutations is expected by Christmas, and the scope of the action remains unclear. While Biden’s move could reflect his commitment to his anti-death penalty stance, it also sets up a stark policy contrast with President-elect Trump, who has indicated he will resume and potentially expand the use of capital punishment upon taking office in January.
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