On December 23, 2023, just days before Christmas, President Joe Biden made headlines by commuting the sentences of 37 out of 40 men on federal death row. This significant decision sparked intense national debate and discussions surrounding criminal justice reform, with critics arguing it undermines the federal justice system and the trauma of victims' families.
The commutation transformed the death sentences of these inmates to life imprisonment without parole. Among those spared execution were individuals convicted of heinous crimes, including at least five convicted child killers and several mass murderers.
While the move was framed by the White House as part of Biden's commitment to ensuring a fair and effective justice system, it raised eyebrows, particularly because three infamous criminals were not included in the clemency: Dzhokhar Tsarnaev, the Boston Marathon bomber; Robert Bowers, the shooter responsible for the massacre of 11 worshippers at Pittsburgh's Tree of Life Synagogue; and Dylann Roof, who killed nine Black churchgoers at Emanuel AME Church in Charleston, South Carolina.
Biden's clemency decision aligns with his long-standing opposition to the death penalty, except for extreme cases of terrorism and hate-motivated mass murder. "President Biden has dedicated his career to reducing violent crime and ensuring a fair and effective justice system," the White House stated.
Yet, this juxtaposition of his actions has polarized opinions. Critics noted the disproportionate leniency shown to offenders, arguing it shows a disconnection from the experiences of victims’ families. For example, Donna Major, daughter of victim Major, expressed her frustration during an interview on Fox & Friends: "I was angry. I’m still angry. I am upset... without any regard for what we’ve been through, what we’re going through, and completely hurt, frustrated, and angry."
Marissa Gibson, whose police officer husband Bryan Hurst was murdered by Daryl Lawrence—another inmate on Biden's list—echoed these sentiments: "While this is truly distressing news... complete dismissal and undermining of the federal justice system." Such reactions indicate the deep emotional rift the commutations have caused.
The Christmas clemency didn't just catch public scrutiny for the apparent favoritism shown to certain inmates; it also led to denunciations from prominent political figures. Former President Donald Trump responded with vitriol on his social media platform, Truth Social, stating, "Merry Christmas to everyone but the 37 most violent criminals... who killed, raped, and plundered like virtually no one before them, but were just [given], incredibly, a pardon by Sleepy Joe Biden."
This backlash stems from broader shifts observed over the past few years within the Democratic Party, which has attempted to navigate various complex issues. Critics argue these commutations reflect what they perceive as Democrats' inconsistency over crime and punishment, especially as they have oscillated from the party of “defund the police” to the party of “rule of law.”
Those against Biden's recent actions argue they were not only misguided but also politically motivated, raising questions about his commitment to justice. "If he really was opposed to the death penalty, then the appropriate place to start was with Congress," remarked one political commentator. This sentiment indicates skepticism about Biden's approach and its sincerity.
The decision to commute sentences and the ensuing controversy may reflect part of Biden's broader political legacy as he rounds out his presidency. Critics contend he has often favored political calculations over firm principle or justice, framing his final executive actions as politically expedient.
With such glaring divisions and high-profile reactions, Biden's Christmas clemency is poised to remain under scrutiny long after the holidays have ended. It not only brings up questions about the future of capital punishment on the federal level but also ignites discussions on how these actions will be viewed historically—both as decisions shaping individual lives and as reflections of the political climate fueling these decisions.
