With just 28 days remaining in office, President Joe Biden announced Monday that he is commuting the sentences of 37 federal death row inmates. Their punishments will now be life in prison without parole, a move consistent with his 2020 campaign promise to end the federal death penalty.
The commutations apply to individuals convicted of serious crimes, including killings of police and military officers, murders on federal property, and fatal incidents during bank robberies or drug deals. The change also impacts those convicted of killing guards or prisoners in federal facilities.
However, three inmates remain on federal death row, including:
Dylann Roof, who killed nine Black worshippers at Mother Emanuel AME Church in Charleston, South Carolina, in 2015.Dzhokhar Tsarnaev, one of the perpetrators of the 2013 Boston Marathon bombing that killed three and injured many more.Robert Bowers, who murdered 11 congregants at Pittsburgh’s Tree of Life synagogue in 2018, the deadliest antisemitic attack in U.S. history.
Biden’s Statement
“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 said. “But guided by my conscience and my experience, … I am more convinced than ever that we must stop the use of the death penalty at the federal level.”
He also took a swipe at President-elect Donald Trump, saying, “In good conscience, I cannot stand back and let a new administration resume executions that I halted.”
Biden’s announcement follows a sharp increase in federal executions during Trump’s first term, with 13 carried out — the most under any modern president. In 2021, Biden imposed a moratorium on federal executions to review protocols, but critics have argued he should take stronger action to dismantle federal capital punishment entirely.
Ongoing Cases
Despite Biden’s efforts, his Justice Department has sought the death penalty in new cases, such as that of Payton Gendron, who killed 10 Black people in a racist mass shooting at a Buffalo, New York, supermarket.
While New York does not have the death penalty, federal prosecutors can seek it for crimes that violate federal statutes.
Political Context
Monday’s decision comes after mounting pressure from advocacy groups and some Democrats, urging Biden to take steps to make it harder for Trump to expand federal executions. The announcement also follows controversy over Biden’s recent pardoning of his son, Hunter Biden, after felony convictions related to gun and tax charges.
Biden’s commutations mark a significant step toward curbing federal capital punishment, but they fall short of abolishing it outright. The future of federal executions will now rest with the incoming Trump administration, which has signaled a different approach.
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