During the final six months of Donald Trump’s presidency, his administration initiated an unprecedented series of executions, culminating in the deaths of 13 individuals. Following Trump’s departure from office, President Joe Biden emerged as the first U.S. president to publicly oppose the death penalty. Biden pledged to work with Congress to eliminate the federal death penalty and suggested that those on death row should instead face life sentences without the possibility of parole. However, throughout his presidency, Biden has not actively pursued legislation aimed at abolishing the death penalty, which has remained stagnant in Congress. Despite his opposition, the Biden administration has continued to pursue new death penalty cases and defend existing death sentences, reflecting a dissonance between Biden’s stated goals and the actions of his administration.
Currently, there are approximately 40 individuals on federal death row, many of whom have exhausted their appeals and now face potential execution under a future Trump administration. The Project 2025 policy document, which aligns with Trump’s anticipated second term, endorses executing all individuals on death row. Within this context, Biden holds the power to commute federal death sentences to life imprisonment, a decisive action that could preemptively counter the active death penalty agenda suggested by the incoming administration. As Biden approaches the end of his term, there are increasing calls from lawmakers, activists, and faith leaders urging him to take immediate action to empty federal death row. Notably, even some family members of victims have joined the appeal for commutations, highlighting a growing consensus against state-sanctioned executions.
Legal experts such as Rachel Barkow emphasize the importance of Biden reviewing the decisions surrounding the death penalty. Barkow articulates concerns that the continuation of executions amidst troubling legal practices undermines the very principles that the Biden administration purports to uphold. However, Biden has shown reluctance to extend clemency to death row inmates despite his decision to pardon his son, Hunter Biden, which presents a contradiction in his administration’s approach to justice and mercy. Most of Biden’s clemency actions have been relegated to non-violent offenders and those previously released during the COVID-19 pandemic, raising questions about his commitment to addressing the death penalty.
In January 2021, following his inauguration, death penalty abolitionists urged Biden to utilize his clemency powers to commutate the sentences of all individuals on death row as a safeguard against future executions reminiscent of Trump’s final months in office. Nonetheless, the Biden administration has taken a more cautious route, reinstating a moratorium on federal executions and initiating a review of execution protocols. Despite this moratorium, Justice Department lawyers have continued to defend death sentences, sometimes obstructing evidence that could be critical in challenging those sentences on intellectual disability or ineffective legal representation grounds.
Biden’s administration has also updated its guidelines regarding the pursuit of the death penalty, establishing stricter criteria for seeking capital punishment. The revised rules suggest a higher threshold for death penalty cases and alignment with priorities pertaining to public safety. Ideally, these new standards would disqualify many of those currently on federal death row; however, the ongoing execution threats undermine the effectiveness of such measures. Critics argue that allowing execution despite acknowledging inadequate criteria reveals an inconsistency in Biden’s stated opposition to the death penalty.
Despite a Democratic majority, legislative efforts to abolish the federal death penalty remain dormant, with minimal engagement from the White House to rally support for such initiatives. Lawmakers like Rep. Ayanna Pressley and others have voiced their frustration over the lack of action and are pushing Biden to exercise his commutation powers before the transition of power back to a likely pro-death penalty administration. Advocacy groups and even some victims’ relatives have echoed similar sentiments, asserting that the death penalty perpetuates a cycle of violence and does not deliver genuine justice. As the deadline approaches, Biden finds himself at a crossroads, caught between his public stance against the death penalty and the urgent calls from diverse constituencies imploring him to take decisive action.
