Joe Biden had the opportunity to address the outcome of the 2024 election in the Rose Garden recently. Currently, there are forty individuals, labeled as dangerous criminals by the federal government, who wait, their fate hanging heavy in the balance of the federal death row. These men, whose actions have been labeled as heinous crimes that range from drug-related homicides, murders in national parks, terror attack killings, and a fatal robbery involving a bank guard, have been awaiting their due repercussions since as early as 1993.
The demographic distribution of these forty individuals is quite varied. Eighteen of them are Caucasian, fifteen are African-American, six Latino, while only one individual is of Asian descent. So far, the past century has seen the execution of fifty at the federal level, thirteen of those took place under Trump’s administration between July 2020 and January 2021.
However, it’s quite noticeable that Biden’s own approach to capital punishment remains fickle at best. Despite following his predecessor who carried out several federal executions, Biden himself has not implemented any. On the flip side, neither has he directed Garland to refrain from pursuing new death sentence cases or to stop defending ongoing capital sentences. His lack of a clear stance is quite perplexing.
Given that the 2024 election has concluded and Trump is set to return to the White House, Biden has been urged to make more definitive moves. A call was made last July for Biden to use his unique ability to grant clemency and thus clear federal death row. This plea emphasizes the necessity to protect these inmates from being subjected to capital punishment.
Acting in the right way often tests one’s courage. Biden could look to several precedents set by governors who, during the last phase of their tenure, granted mass commutations to those sentenced to death. Taking such a bold step is the least expected from Biden, given his projected image as an abolitionist leader.
Like those courageous governors, Biden has justifiable reasons to wield his power of clemency to pursue justice and save lives. As pointed out by former Sen. Russ Feingold, granting blanket commutations fulfills Biden’s purportedly anti-death-penalty stance, pushing the U.S. further towards abolishing the death penalty.
It would prevent any recurrence of the infamous series of federal executions carried out during Trump’s administration. Hence, the act of commuting federal death row sentences could become a unique feature associated with Biden’s vague promise of ‘restoring the soul of the nation.’
Some suggest that Biden could take inspiration from ex-Oregon Gov. Kate Brown, who removed the sentences of all seventeen men on her state’s death row in December 2022. According to her, she believed that taking a life doesn’t advance justice and the state should not conduct such actions even if the person in question has committed terrible crimes. While this view resonates with some residents, it’s not universally accepted.
Another Governor from whom Biden could learn a few things is Republican Governor George Ryan of Illinois. In 2003, Ryan cleared the state’s entire death row, pardoning all 167 inmates. He did not condemn the act of state killing, focusing instead on its flawed execution.
Highlighting inefficiencies in the system, Ryan stated that only 2% of murders in Illinois were sentenced to death, pointing out the geographical disparity in the application of the death penalty. He also drew attention to the racially discriminatory history of the death penalty and the release of 17 wrongfully convicted men from death row in Illinois.
There were other governors like Brown and Ryan who undertook their responsibilities seriously. These include Lee Cruce of Oklahoma, Winthrop Rockefeller of Arkansas, and Tony Anaya of New Mexico. All of them took actions that were politically risky during their final days in office, changing the lives of inmates under their rule.
Now it’s Biden’s turn to make a difference. The issues highlighted by Brown and Ryan also apply to the federal death penalty. The racial injustice that tarnishes the states where it’s still legal also affects the federal death penalty—something to seriously consider.
According to the American Civil Liberties Union, a significant proportion of defendants on federal death row are of color. It is further indicated that federal law enforcement seeks death penalties more frequently when the victims are white. This disparity raises serious concerns and could serve as sufficient reason for Biden to implement a mass commutation.
Nevertheless, Biden appears reluctant to use his clemency power. As stated by law professors Rachel Barkow and Mark Osler in September, Biden has only pardoned 25 people and commuted the sentences of 131 out of the numerous petitions he has received. This has made him the President with the lowest rate of granted requests since Richard Nixon.
However, as his time in the White House nears its end, Biden still has the opportunity to embody the values he espouses and save several lives. The looming threat of another horrific spree of executions under Trump places significant responsibility on Biden. His ability to prevent such a disaster is an opportunity he shouldn’t let slip by.