Biden Commutes Majority of Federal Death Sentences

President Joe Biden has commuted the sentences of 37 out of 40 individuals on federal death row, changing their sentences to life in prison without the possibility of parole. However, three individuals—Dzhokhar Tsarnaev, who was involved in the 2013 Boston Marathon bombing; Dylann Roof, the white supremacist who killed nine Black churchgoers in Charleston in 2015; and Robert Bowers, responsible for the 2018 mass shooting at the Tree of Life synagogue in Pittsburgh—were excluded from this clemency measure. Biden’s decision marks a significant step in his long-standing opposition to the death penalty, particularly at the federal level.
In his statement, President Biden expressed a firm belief that the federal government must end its use of the death penalty, saying, “I am more convinced than ever that we must stop the use of the death penalty at the federal level.” He made it clear that his decision does not affect the thousands of people sentenced to death by state authorities, with around 2,250 people currently on death row in various state prisons across the country. This decision comes at a critical time, as the return of former President Donald Trump could lead to a resumption of federal executions. Trump had overseen 13 federal executions in the final months of his administration, after having restarted the practice in 2020, following a 17-year hiatus.
Among those whose sentences were commuted by Biden, several were convicted of serious crimes, including murder, and were serving time for crimes committed while incarcerated or during robbery attempts. Biden made it clear that while he was offering clemency, he still condemned their actions. “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,” Biden stated, emphasizing that the clemency should not be misunderstood as an endorsement of their crimes.
One of the most high-profile cases among those granted clemency is Len Davis, a former New Orleans police officer who was convicted of running a drug ring with other officers and ordering the murder of a woman to protect his illicit activities. Despite the gravity of his actions, Biden’s decision reflects his commitment to ending the use of the death penalty, even for those convicted of heinous crimes.
The three individuals left on federal death row—Tsarnaev, Roof, and Bowers—remain excluded from Biden’s clemency decision, and their sentences are not affected. These individuals were involved in major acts of violence that shook the nation. Tsarnaev was convicted for his role in the deadly 2013 Boston Marathon bombing, while Roof carried out a racially motivated mass shooting at a Charleston church. Bowers was convicted of killing 11 Jewish worshippers in a Pittsburgh synagogue. These cases have drawn intense legal and public attention, leading Biden to withhold clemency for them.
Biden’s position on the death penalty has been consistent throughout his political career, and his administration imposed a moratorium on federal executions upon his inauguration. In stark contrast, Trump had resumed federal executions and had expressed interest in expanding the death penalty to apply to individuals convicted of serious crimes such as human trafficking and drug trafficking. In his statement, Biden responded to the prospect of such a resurgence of executions, saying that he could not “in good conscience, stand back and let a new administration resume executions that I halted.”
Biden’s clemency actions, however, only apply to federal death row inmates, and the broader issue of the death penalty remains a contentious one across the United States. More than 70 state executions have occurred during Biden’s presidency, and state-level death penalties continue to be used in several jurisdictions. The death penalty has been abolished in 23 states, with six others, including California, Ohio, and Pennsylvania, maintaining moratoriums on executions.
Earlier this month, Biden also granted clemency to nearly 1,500 individuals convicted of nonviolent crimes and pardoned 39 others. This includes a pardon for his son, Hunter Biden, who faced sentencing for tax-related offenses and a separate gun possession charge related to his struggles with addiction. This clemency authority is granted to the president by the U.S. Constitution, which gives the president the power to issue reprieves and pardons for federal offenses, except in cases of impeachment.
Biden’s actions signal his ongoing commitment to criminal justice reform and the movement to limit the use of capital punishment, setting a clear contrast with the approach taken during Trump’s administration.