President Joe Biden announced on Friday that he had commuted the sentences of nearly 2,500 individuals convicted of nonviolent drug offenses, using the final days of his presidency to enact a series of clemency measures aimed at reducing prison terms he considered overly harsh.
This latest batch of clemency actions sets a new presidential record for the most individual pardons and commutations issued. Biden emphasized his desire to reverse “disproportionately long sentences compared to the sentences they would receive today under current law, policy, and practice.”
“Today’s clemency action provides relief for individuals who received lengthy sentences based on discredited distinctions between crack and powder cocaine, as well as outdated sentencing enhancements for drug crimes,” Biden stated in his official announcement.
“This action is an important step toward righting historic wrongs, correcting sentencing disparities, and offering deserving individuals the chance to reunite with their families and communities after serving sentences that were far too lengthy.”
Shortly after the initial announcement, the White House revealed the names of the 2,490 individuals whose sentences had been commuted.
Biden indicated that further commutations could be forthcoming, promising to continue reviewing additional cases for pardons and commutations in the remaining time before President-elect Donald Trump takes office on Monday.
Kara Gotsch, the executive director of The Sentencing Project, a criminal justice advocacy group, praised the move, stating that the individuals affected by the old crack cocaine sentencing laws had long since paid their debts.
“Cruel and excessive prison sentences that have overwhelmingly harmed Black communities have been the cornerstone of federal drug policy for generations. Today’s commutations from President Biden are a welcome relief for countless families who have endured punishments for loved ones that far exceed their utility,” Gotsch said.
The clemency actions come as Biden continues to deliberate on whether to issue widespread pardons for officials and allies who may face unjust targeting by Trump’s administration. While presidential pardoning powers are absolute, such a preemptive act would be a novel and bold use of the president’s significant constitutional authority.
Shaneva D. McReynolds, president of Families Against Mandatory Minimums (FAMM), expressed that Biden was leaving a significant legacy in criminal justice reform. “With today’s announcement, he has set a standard for presidential clemency and addressed decades-long injustices in our criminal justice system,” McReynolds said in her statement.
Sarah Gersten, the executive director and general counsel of the Last Prisoner Project, also commended Biden’s decision, calling it “hope — not just for those freed today, but for all the individuals still incarcerated for cannabis and their families that have been impacted by the War on Drugs.”
Biden’s announcement on Friday follows his previous commutation of sentences for around 1,500 people last month. These individuals were released from prison and placed under home confinement due to the coronavirus pandemic, along with 39 individuals convicted of nonviolent crimes. This was the largest single-day act of clemency in modern history.
Additionally, last month Biden commuted the sentences of 37 of the 40 individuals on federal death row, converting their sentences to life imprisonment just weeks before Trump, an outspoken proponent of expanding capital punishment, assumed office. Trump has indicated he plans to reverse this order once in office.
Biden also recently pardoned his son Hunter for convictions related to federal gun and tax violations, as well as for any potential federal offenses committed over an 11-year period. This move was partly motivated by the president’s concern that Trump’s allies might seek to prosecute his son for other offenses.
Given past precedent, Biden is also expected to issue additional targeted pardons for allies in the remaining days of his presidency, as is customary for outgoing presidents.
In his first term, just before midnight on his final day in office, President Donald Trump signed a wave of pardons and commutations for over 140 people, including his former chief strategist Steve Bannon, rappers Lil Wayne and Kodak Black, and ex-members of Congress.
Trump’s final act as president was to grant a pardon to Al Pirro, the ex-husband of Fox News host Jeanine Pirro, who had been convicted of conspiracy and tax evasion and sentenced to over two years in prison in 2000.