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Biden’s Hollow Clemency Promises: More Politics than Justice?

President Joe Biden greets his son, Hunter Biden, after the president's speech at the Democratic National Convention in Chicago Aug. 19, 2024. The president issued an expansive pardon for his son Dec. 1, marking a reversal of his previous statements he would not do so. (OSV News photo/Craig Hudson, Reuters)

Charles Turner, a man released from a federal prison last year, had been stirring hope within, with the recent presidential pardon making news. After spending 36 years in prison for a crime he and his co-defendants consistently claimed they didn’t commit, Turner was finally set free in May 2020. Turner, now 60, along with seven other individuals were wrongfully convicted for a gruesome crime back in 1984 in Washington, D.C. A crime that marred their lives forever, absent any physical evidence, and had hints of a flawed investigation peppered with coercive testimonies and a failure of due process.

The podcast series, ‘The Alley: DC’s 8th and H Case’, sharply highlighted the prosecution’s disregard to present transparent and potentially acquitting evidence, further challenging the integrity of the justice process that these men endured. Their only glimmer of hope now lies in the unlikelihood of a presidential pardon, a path that seems notoriously thin. In the Capital, unlike the commoners, only the President holds the power to serve pardon or clemency. With this backdrop, the latest news of Biden’s presidential pardon stirred a sense of possibility within Turner.

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Yet, does the recent pardon by President Biden imply a light at the end of the tunnel for Charles Turner? Turner, during a conversation, shared the crippling nature of his conviction, its stain forever hindering his efforts to rebuild his life and find gainful employment. An otherwise hopeful man, Turner expressed that a pardon from his charge would feel akin to an ‘anvil lifted off his chest’. But, beneath his hope, one couldn’t help but question the motivations behind Biden’s recent decisions.

Certain reactions followed Biden’s pardon for his son, concluding across a broad spectrum of political and ethical analyzations. Perhaps this unusual use of the pardon power points to the departing pulse of the administration. Accordingly, those with ongoing sentences face a bleak and uncertain future, especially given the notoriously low rate of commutations under the Biden administration.

Biden’s administration gestured open arms to grant clemency to CARES recipients in 2021, an initiative roundly critiqued for its lack of broad-based applicability. Meanwhile, advocates for incarcerated females have suggested attention towards people convicted out of necessitated retaliation against their abusers. Should the administration choose this path, it wouldn’t be the first time that a similar skewed decision is taken.

There’s also the history of Biden’s clemency with regards to people charged with marijuana offenses. From factoring in the blowback of such choices one can’t stop wondering if the frequency of these pardons is a litmus test for more controversial pardons to come. In 2022, Biden attempted to whitewash the records of mild offenders by sparing around 6,500 people convicted of simple possession. Nevertheless, critiques voiced that the pardons seemed superficial, avoiding any real impact on criminal justice reform.

Simultaneously, several groups such as Families Against Mandatory Minimums have been actively lobbying for the commutation of convicts who aren’t eligible for a ‘compassionate release’ due to yet another anomaly in the First Step Act. These groups focus on elderly and infirm ‘old law’ prisoners, who, one could argue, serve as examples of the fallacy of the ‘compassionate release’. Yet again, under the Biden administration, such important calls for attention seem to fall on deaf ears.

Adding to their controversial track record is the Biden administration’s promise to end the federal use of the death penalty. The mere prospect of more commutations for prisoners on federal death row feels like a tentative political move rather than an effectual stance against capital punishment. It’s intertwined with layers of contradiction and feels like a mere nod to the liberal agenda, rather than a genuine embrace of its principles.

The White House press secretary, Karine Jean-Pierre, arguably provided a glimpse into the administration’s future course of action, stating that ‘you could expect more’ pardons and clemency actions as the president’s term draws closer to its end. But in light of the current administration’s track record, one might wonder whether these promises are hollow.

Looking back on their advocacy for criminal justice reform, the Biden administration’s track record appears more symbolic than substantive. Biden’s administration has favored spectacle over tangible criminal justice reform, causing many to question the sincerity of their promises.

Despite their public-facing narrative, the Biden administration has issued clemency at a historically low rate. With so many prisoners languishing in uncertainty, these symbolic gestures of kindness seem to serve mere political convenience more than they do justice.

Biden’s maneuvers in issuing pardons and commutations are crafty political ploys, shrouded in ambiguity, and aimed at preserving his administration’s image rather than providing meaningful justice. The Biden administration is all too willing to pardon high-profile individuals while leaving thousands of nameless prisoners struggling in shadows.

To conclude, the question remains, are the acts of clemency from the Biden administration merely attempts to save face, or are they motivated by genuine compassion and a desire for justice? Likely, it’s the former, leaving behind a legacy fraught with unsolved discrepancies, uncertain promises, and veiled injustices.

In an era where reform should be at the forefront, the Biden administration’s failure to substantively address these pressing concerns on a broader scale is a glaring testament to its patchy commitment towards social justice and reform. As Turner and many others wait with bated breath, they provide a sobering reminder of the many lives left hanging in the balance under the reign of the Biden administration.