The White House said that the commutations represented President Biden’s commitment to “help reunite families, strengthen communities and reintegrate individuals back into society.” Photo / Eric Lee, The New York Times
The White House said that the commutations represented President Biden’s commitment to “help reunite families, strengthen communities and reintegrate individuals back into society.” Photo / Eric Lee, The New York Times
Most of those being granted clemency had been placed in home confinement during the pandemic. Some Republicans have tried to push legislation that would have forced those people to return to prison.
President Joe Biden said on Thursday that he is commuting the sentences of nearly 1500 people andpardoning 39 people convicted of non-violent crimes in a sweeping act of clemency during his final weeks in office. The White House said it was the largest number of commutations by an American President in a single day.
The commutations affect those who had been released from prison and placed in home confinement during the coronavirus pandemic. The pardons are for people convicted of non-violent crimes, including drug offences.
“America was built on the promise of possibility and second chances,” Biden said in a statement. He said the clemency represented his commitment to “help reunite families, strengthen communities and reintegrate individuals back into society”.
A pardon wipes out a conviction, while a commutation leaves the guilty verdict intact but reduces some or all of the punishment.
Biden’s action was one of the biggest grants of clemency in modern American history. President Jimmy Carter, on his first day in office, issued a pardon that affected more people, for men who evaded the Vietnam War draft. But that was what is known as a categorical pardon; Biden’s commutations are for individual cases.
The announcement came two weeks after Biden issued a pardon for his son Hunter, who had been convicted of gun possession and pleaded guilty to income tax evasion. That decision was harshly criticised by both Republicans and Democrats because the President had long ruled out clemency for his son.
Biden has come under increasing pressure to use his clemency powers before he hands over power to President-elect Donald Trump. As a senator, Biden had championed a 1994 crime bill that many experts say fuelled mass incarceration. He has since expressed regret for his support of the legislation, and he committed during the 2020 campaign to addressing the long drug sentences that resulted.
Some congressional Democrats and others have also called on Biden to reduce the sentences of all 40 people on death row to life without parole. Trump supports the death penalty and restarted federal executions after a nearly 20-year pause during his first term.
The fate of those who were moved to home confinement during the pandemic, when Covid was spreading rapidly through jails and prisons, has been of particular concern to activists in recent weeks. Some Republicans, who are set to take control of Congress next month, have tried to push legislation that would have forced them to return to prison.
Biden pardoned his son Hunter, who had been convicted of gun possession and pleaded guilty of tax evasion. Photo / Eric Lee, The New York Times
In his statement Thursday, Biden said that many of those people would have received lower sentences if they had been charged under current laws. They had also been serving their sentences at home for at least a year, according to the White House.
“These commutation recipients, who were placed on home confinement during the Covid pandemic, have successfully reintegrated into their families and communities and have shown that they deserve a second chance,” he said.
The names of the recipients have not yet been provided.
Wendy Hechtman, one of the prisoners moved to home confinement during the pandemic, woke up in Buffalo, New York, on Thursday morning to her husband alerting her to Biden’s announcement. She is still serving a 15-year sentence for conspiracy to distribute a form of fentanyl and had been worried she would not be able to attend her daughter’s wedding next year in Quebec. Before Thursday, she had planned on calling into the wedding.
On Thursday morning, Hechtman was scrambling to find out if she was one of the 1500 people whose sentences were eased by Biden.
“I’ve had a gut feeling for months now that I was going to be able to go, and if my name is on that list? I will be dancing at my daughter’s wedding this summer,” Hechtman said in an interview. “I can’t wait.”
Biden said he would take more steps in the weeks ahead and continue to review clemency petitions. His staff has been debating whether he should issue blanket pardons for a number of Trump’s perceived enemies to protect them from the “retribution” he has threatened, people familiar with the discussion have said.
White House officials do not believe the potential recipients have actually committed crimes, but they have grown increasingly worried that Trump’s selections for top Justice Department positions indicate that he will follow through on his repeated vows to seek revenge. The idea would be to pre-emptively extend executive clemency to a list of current and former government officials, effectively short-circuiting the next President’s promised campaign of reprisals.
Until now, Biden has been relatively constrained in his use of the presidential act of forgiveness. He has issued 26 individual pardons and 135 commutations, according to a tally kept by the pardon attorney. The Office of the Pardon Attorney, part of the Justice Department, has received nearly 12,000 requests for clemency during Biden’s term.
The President has issued categorical pardons for people convicted of simple use and possession of marijuana, although none of those people were in prison when he made his decision. He also cleared the records of former service members convicted of violating the military’s former laws against homosexual conduct.
