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Biden Commutes Sentences and Pardons Nonviolent Offenders
In a historic move, President Joe Biden has announced the commutation of sentences for approximately 1,500 individuals who were placed on home confinement due to the COVID-19 pandemic, alongside pardoning 39 Americans convicted of nonviolent crimes. This action marks the largest single-day clemency initiative in modern U.S. history.
The commutated sentences pertain to individuals who have completed at least one year of home confinement after their release. The decision to release inmates was made as prisons faced significant challenges in preventing the spread of COVID-19, with reports indicating that at one point, one in five prisoners had contracted the virus, according to data compiled by The Associated Press.
In his statement, Biden expressed his commitment to continuing clemency efforts, stating that he would be reviewing more petitions in the future. Notably, the previous record for a single-day clemency action was held by former President Barack Obama, who commuted 330 sentences shortly before leaving office in 2017.
“America was built on the promise of possibility and second chances,” Biden remarked in a statement. “As president, I have the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation. This restores opportunities for Americans to engage in their communities and helps rectify sentencing disparities for non-violent offenders, particularly those affected by drug-related charges.”
Moreover, these clemency actions follow Biden’s decision to pardon his son, Hunter Biden, who faced prosecution for tax and gun-related offenses. Advocacy groups are increasingly pressing for a wider range of pardons, including those on death row, before a potential transition of power to the Trump administration in January.
Expanding the Scope of Clemency
The majority of individuals pardoned on Thursday were convicted of nonviolent offenses like drug-related crimes, yet they have since made significant changes in their lives, according to the White House. Notable recipients include a woman who played a key role in emergency response efforts during disasters, a church deacon who has served as an addiction and youth counselor, a doctoral student in molecular biosciences, and a decorated veteran.
Thus far, President Biden has granted 122 commutations and 21 pardons, which includes broad pardons for individuals involved in marijuana use and possession on federal property, as well as for former service members who were convicted under now-repealed regulations concerning consensual same-sex relationships in the military.
Several lawmakers, including Rep. Jim McGovern (D-Mass.), are advocating for Biden to extend clemency to Steven Donziger, an environmental attorney who faced imprisonment and house arrest over a contempt of court charge linked to a case involving Indigenous farmers against Chevron.
Calls for action extend to the issue of federal death row prisoners. Although Attorney General Merrick Garland has paused federal executions, Biden’s position on the death penalty remains uncertain. During his campaign in 2020, he indicated a desire to abolish it, but no definitive steps have been taken as of yet. With Trump’s potential return to power, advocates fear that federal executions may resume. Under Trump, the government executed an unprecedented number of federal inmates during the pandemic.
Although more pardons are anticipated before Biden leaves office on January 20, the question remains whether he will act to safeguard individuals against any possible legal reprisals from Trump. This concept has been contemplated by the president for several months, yet concerns about setting a significant precedent linger among his advisors.
An essential aspect of clemency is that those receiving pardons or commutations must accept them. New California Senator Adam Schiff, who previously led the congressional investigation into the January 6 insurrection, stated that a pardon would be unnecessary and stressed that Biden should focus on other priorities during his remaining time in office.
The president possesses the authority either to grant pardons—relieving an individual of guilt and punishment—or to commute sentences, which mitigates punishment without erasing the offense. It is customary for presidents to exercise this clemency power towards the end of their tenure as a means of providing relief to individuals seeking a fresh start.
Before deciding to pardon his son, Biden had committed not to do so; however, he cited politicization as a factor influencing his decision. This action has intensified calls from criminal justice advocates for similar clemency measures for the general populace, though public reception has been tepid with only 20 percent of Americans approving of his choice, according to a recent poll.
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globalnews.ca