President Joe Biden is poised to exercise his clemency authority once more before his term ends, raising the hopes of those against capital punishment that he will take a significant step towards fulfilling his pledge to halt federal executions.
Biden has the option to grant commutations, converting current federal death sentences to life imprisonment. This move would thwart Trump’s initiative to revive and expand the use of the death penalty upon his return to office.
The Justice Department has confidentially suggested that Biden should grant commutations to a majority of the 40 individuals on death row. The department’s recommendation, as reported by The Wall Street Journal, underscores a potential shift in approach.
Simultaneously, the Justice Department is on the brink of releasing the results of an internal review of the lethal injection method introduced by the Trump administration in 2019. Critics argue that this approach, using pentobarbital as the sole drug due to supply shortages, may lead to excruciating pain during executions.
The impending report from the Justice Department could strengthen the case for clemency, according to anti-death penalty activists. Ruth Friedman, overseeing death penalty matters for federal defenders nationwide, highlighted the importance of a thorough review of lethal injection issues.
While the White House has not disclosed its plans regarding clemency in death penalty cases, advocacy groups report intensified discussions with the administration recently.
In non-capital offenses, Biden has already taken decisive clemency actions, including commuting the sentences of nearly 1,500 individuals and controversially pardoning his son. The administration has signaled further clemency measures before Biden’s term concludes.
Robin Maher of the Death Penalty Information Center suggested that the flaws in the execution protocol and systemic issues in the federal death penalty system could prompt Biden to commute all federal death sentences.
If Biden opts for broad clemency, Trump’s immediate resumption of federal executions would face obstacles. The power to halt executions in state courts lies with governors, like those in California and Pennsylvania who have imposed moratoriums on executions.
Biden’s jurisdiction extends to the 40 men on federal death row in Terre Haute, Indiana. The decision on whether to commute all sentences to life imprisonment or retain death penalties for select notorious convicts remains uncertain.
While Justice Department officials have refrained from discussing specific cases, individuals convicted of terrorism-related crimes might be excluded from clemency considerations.
Notable individuals, including Robert Bowers, Dylan Roof, and Dzhokhar Tsarnaev, convicted in high-profile cases, could be among those exempted from clemency.
Merrick Garland’s review of capital punishment, initiated in July 2021, aligns with Biden’s campaign promise and subsequent executive actions on executions. Concerns about the death penalty’s application disparities and impact on marginalized communities have underscored the need for a comprehensive examination of the system.
The review includes an assessment of recent federal and state executions under the single-drug method. The findings of this review, focusing on humane practices and legal compliance, are eagerly anticipated.
Anti-death penalty advocates view the completion of the DOJ’s review as crucial in addressing systemic flaws. However, the absence of widespread clemency could limit the review’s impact if the Trump administration resumes executions.
Biden’s potential visit to Pope Francis, known for his opposition to capital punishment, may influence the President’s stance on clemency. Biden’s commitment to his campaign promises on criminal justice reform, including the death penalty, remains under scrutiny.
Prior to Trump’s tenure, federal executions had been halted for nearly two decades due to legal challenges on lethal injection procedures. Trump’s wave of executions and his pledge to resume them have reignited debates on the death penalty’s future.
The upcoming decisions on clemency and the Justice Department’s review could shape the trajectory of federal executions and the broader discourse on capital punishment in the United States.
