Biden’s Last Minute Move: More Sentences Commuted for Non-Violent Offenders

President Biden commutes sentences of nearly 2,500 non-violent drug offenders in his final days, sparking debate on criminal justice reform.

At a Glance

Biden commutes sentences for approximately 2,500 inmates convicted of non-violent drug offenses.
Action addresses disproportionately long sentences, particularly for crack versus powder cocaine offenses.
Move aligns with Fair Sentencing Act of 2010 and First Step Act of 2018.
Biden now holds record for most individual pardons and commutations in U.S. history.
Decision faces bipartisan criticism, including commutations for federal death row inmates and pardon for Hunter Biden.

Biden’s Unprecedented Clemency Action

As President Joe Biden’s term nears its end, he has taken a bold step in criminal justice reform by commuting the sentences of nearly 2,500 non-violent drug offenders. This action, announced in the final days of his presidency, marks a significant shift in addressing long-standing sentencing disparities and outdated drug policies.

The commutations primarily target individuals who received lengthy sentences based on now-discredited distinctions between crack and powder cocaine offenses. This move aligns with the Fair Sentencing Act of 2010 and the First Step Act of 2018, both aimed at correcting historical sentencing inequities.

Record-Breaking Clemency

With this latest action, Biden has solidified his position as the president who has issued the most individual pardons and commutations in U.S. history. On December 12, he granted the largest single-day clemency, commuting 1,500 sentences and pardoning 39 individuals. The President has expressed pride in his clemency record and plans to continue reviewing cases before his term concludes.

“With this action, I have now issued more individual pardons and commutations than any president in U.S. history.” – Biden

However, the scope of Biden’s clemency actions extends beyond drug offenses. He has also commuted the sentences of 37 out of 40 people on federal death row, converting them to life imprisonment. This decision, along with others, has drawn criticism from both sides of the political aisle.

Controversial Decisions

While many applaud Biden’s efforts to address systemic inequalities in the justice system, some of his clemency decisions have sparked controversy. Notable among these is the pardon of his son, Hunter Biden, for federal gun and tax violations and any potential federal offenses over an 11-year period. This move has been met with significant backlash and accusations of favoritism.

As of January 13, there are still 1,947 individuals awaiting pardons and approximately 6,625 cases awaiting commutation. The White House has not released the names of those receiving commutations, maintaining a level of discretion around the process.

Looking Ahead

Biden’s administration has indicated that more targeted pardons for allies may be issued before leaving office, a practice common among outgoing presidents. This possibility has raised questions about potential beneficiaries and the criteria for selection.

As Biden’s presidency comes to a close, his legacy in criminal justice reform is taking shape. These commutations and pardons represent a significant shift in approach to drug-related offenses and sentencing practices. However, the long-term impact of these actions on the criminal justice system and public opinion remains to be seen.