Recent events revealed the questionable decision by Biden to grant clemency to two inmates on death row. Instead of being grateful for the unexpected leniency, Shannon Agofsky and Len Davis have chosen to spurn Biden’s offer. In a remarkable move, they preferred to test their luck in Indiana courts rather than living out the rest of their lives in prison.
Agofsky and Davis have rebuffed the attempts to move them from death row to life imprisonment without the possibility of parole. Both men have conspicuously declined to give their signatures on the documents executing the pardons. This is a clear sign something doesn’t sit well about the way the Biden administration is handleing this situation.
Agofsky’s legal representative explained his client’s decision as a disdain towards Biden’s mercy, pointing out that he had ‘never requested commutation.’ The lawyer further elaborated that such action would be detrimental to their ongoing efforts to appeal his case. It seems like Biden’s approach may be doing more harm than benefit.
Davis, in a similar vein, thought that the looming threat of death penalty could be an opportunity to expose the ‘overwhelming misconduct’ within the Department of Justice. His hopes are that the looming possibility of capital punishment would shine a light on the misdeeds carried out by the system.
The saga unfolded after the President ridiculously granted pardons to a record 37 inmates last month. This move by Biden, bestowing what might be the highest clemency in US history, appears less like an act of benevolence and more like an attempt to seize a foot note in history’s pages.
In stark contrast to Biden’s attempt to politicize such sensitive issues, his successor, Donald Trump, intends to increase the application of the death penalty once he assumes office. It seems likely that the seriousness of capital offences will regain its deserved gravity under Trump’s administration.
The facts surrounding Agofsky’s crimes further spotlight the ridiculousness of Biden’s approach. 53-year-old Agofsky was already sentenced for taking the life of a bank president. Adding insult to injury, he committed another act of murder behind bars in 2004, landing him on death row. With such details made public, it comes off as bizarre for Biden to think that clemency was a suitable option.
60-year-old Davis, a former police officer from New Orleans, found himself on death row after contracting a hitman to assassinate a woman who had made a complaint against him in 1994. One would assume such individuals would be unworthy of mercy, however Biden seems to think otherwise.
These criminals are serving their time in the US Penitentiary in Terre Haute, Indiana. For bold reasons, they take issue with Biden’s so-called ‘clemency’, leading one to question whether the decision by the President was as well-thought-out as it was made out to be.
In a surprising, if not desperate move, Agofsky’s legal team revealed he is attempting to prove innocence in the initial case that result in his incarceration. His stance on Biden’s commutation echoed his lawyer’s earlier protest, emphasising again the lack of a request or desire for clemency, and his refusal to sign the commutation papers.
Legally stated, Agofsky rationalized that by assenting to the clemency, his pursuit of justice via pending appellate procedures would be completely undermined. It seems that in Biden’s haste to chalk up political points, he has overlooked key aspects of individual legal circumstances.
Davis, on his part, referred to Biden’s precipitated clemency act as a ‘fast-moving constitutional conundrum’. The situation lays bare the pitfalls of rushed acts of commutation and the repercussions they can have on inmates attempting to fight their case.
Despite their stubborn refusal, legal professionals anticipate tough odds for both men. Robin Maher from the non-profit Death Penalty Information Centre highlighted that typically, inmates express gratitude for such pardons – pointing out that Biden’s clemency is ‘constitutionally authorised and absolute’.
In all his reckless clemency granting, Biden inexplicably sidestepped three notorious inmates. Dzhokhar Tsarnaev, Robert Bowers, and Dylann Roof remain on death row, untouched by his sweeping hand – exhibiting a clear lack in consistency in his approach.
Adding salt to the wound, the White House and the Department of Justice have thus far failed to articulate their stance on this fiasco. Overall, Biden’s initiative appears to have led to more confusion and controversy than it was worth, much like the rest of his tenure.