We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
CLEMENCY IS HIS SWAN SONG
President Joe Biden last Friday broke his own record for the most commutations issued in a single day, shortening the sentences of nearly 2,490 people who – according to the White House – are convicted of nonviolent drug offenses.
The White House has trumpeted that with having granted commutations of over 4,000 over the lifetime of his Administration, Biden has exceeded the previous record set by Barack Obama of 1,715. “With this action, I have now issued more individual pardons and commutations than any president in U.S. history,” Biden crowed in a statement.
A reasonable observer could easily conclude that the President is more interested in making an entry in his Administration’s record book than in righting a historical wrong.
Many of the 2,590 commutations specify a release date for the recipients of February 17. Three are to be released March 18, and additional tranches are to be cut loose in staggered 30-day periods after that. A significant number had their sentences reduced to a specified term of months, meaning that in many cases the inmates still have significant time to serve.
Twenty-one of the people commuted last Friday were CARES Act releasees who were omitted from the December 12th commutation list without explanation. Several other CARES Act people whose cases clearly fit the profile of person Biden said he wanted to commute but who were omitted from the December 12th list (and whose offenses are not drug related) still hope for commutation prior to noon today.
The White House announced commutations of two more people and pardons of five – including Jamaican black political activist Marcus Garvey (who died in 1940) – in an announcement yesterday morning.
“This action is an important step toward righting historic wrongs, correcting sentencing disparities, and providing deserving individuals the opportunity to return to their families and communities after spending far too much time behind bars,” Biden said, not mentioning that many of those whose sentences were commuted have been serving time imposed by the Violent Crime Control and Law Enforcement Act of 1994. Biden was the author, sponsor and principal cheerleader in favor of that legislation.
Some reporter noted as much. One said that with these commutations, Biden “hope[d] to finally correct the historical and devastating blunder of his 1994 Crime Bill that disproportionately affected African Americans.”
This morning, Biden issued pre-emptive pardons to people Biden fears will be targeted for retribution by President-elect Trump due to their involvement in his prosecution for the January 6 riot and classified document cases. Those pardoned include Anthony Fauci, General Mark Milley, the staff and members of the January 6th Committee, and Capitol and D.C. Metro police officers who testified before the Committee.
Reason, Biden Has Now Issued Far More Commutations Than Any of His Predecessors (January 15, 2025)
The White House, Clemency Recipient List (January 17, 2025)
The White House, Clemency Recipient List (January 19, 2025)
Washington Informer, Biden Seeks to Correct Historical Wrongs with Commutation of 2,500 Sentences (January 17, 2025)
NBC, Biden sets record for most pardons and commutations with new round of clemency for nonviolent drug offenders (January 17, 2025)
– Thomas L. Root