In a monumental move, President Joe Biden announced Monday that he is commuting the death sentences of 37 out of 40 people on federal death row.
Their death sentences will be reduced to life without the possibility of parole, sparing each of the 37 men from the highly controversial practice of the death penalty. Meanwhile, three other men — Robert Bowers, Dzhokhar Tsarnaev and Dylann Roof — who were all convicted of charges related to terrorism or mass murder, will remain on federal death row.
The commutations come after Biden, the first president to openly oppose the death penalty, resumed a federal execution moratorium when he assumed office after then-President Donald Trump ended the 17-year suspension with a 13-person execution spree during his first term. However, Biden’s commutations, while significant, fall short of his campaign promise to push for the end of the death penalty by working with Congress — where legislationto abolishcapital punishment hasn’t gotten very far.
“I’ve dedicated my career to reducing violent crime and ensuring a fair and effective justice system,” Biden said in a statement announcing the commutations. “Make no mistake: I condemn these murderers, grieve for the victims of their despicable acts, and ache for all the families who have suffered unimaginable and irreparable loss.”
“But guided by my conscience and my experience as a public defender, chairman of the Senate Judiciary Committee, Vice President, and now President, I am more convinced than ever that we must stop the use of the death penalty at the federal level. In good conscience, I cannot stand back and let a new administration resume executions that I halted,” he added.
Notably, Biden made history when he announcedclemency for 1,500 people and pardoned 39 people who had been convicted of nonviolent crimes.
Still, Biden and lawmakers did not put an end to the federal death penalty, so it’s still very well accessible to Trump, who has indicated he wants to expand the practice.
During his first term, President-elect Trump bypassed a de facto moratorium on executions, killing 13 people on federal death row in a historic spree. On the campaign trail, he repeatedly indicated his support of capital punishment, even for officials who leaked information to the media or for the non-violent crime of selling drugs.
Project 2025, the nearly 900-page playbook for a second Trump term, also details how to drastically increase the use of the death penalty.
While Trump is set to be inaugurated on January 20, the White House said that Biden will continue reviewing other pardons and commutations before his presidency comes to a close.
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At the start of 2024, there were more than 2,200 people on death row across various states and at a federal level, according to the Death Penalty Information Center. This year, 25 people were executed, the non-profit reported.