In a significant move, President Joe Biden has commuted the death sentences of 37 out of 40 federal death row inmates, converting their punishments to life imprisonment without parole. The decision, made just weeks before Biden leaves office, aims to halt the federal death penalty’s application, a stark contrast to President-elect Donald Trump’s plan to expand its use.
Biden’s decision, announced on Monday, faced immediate backlash from Republicans and some victims’ families. Critics accused the president of prioritizing criminals over justice for victims. The commutations, however, do not affect approximately 2,200 death row inmates convicted in state courts, over which the federal government has no jurisdiction.
Criticism of Biden’s Commutations
Among the three remaining federal death row inmates are high-profile individuals like Boston Marathon bomber Dzhokhar Tsarnaev, Robert Bowers, who killed 11 worshippers in the 2018 Tree of Life synagogue shooting, and Dylann Roof, who murdered nine Black parishioners at a Charleston church in 2015. These cases remain eligible for the death penalty, maintaining public attention due to their notoriety.
Biden’s actions drew sharp criticism from Trump’s team and Republican lawmakers. Trump spokesperson Steven Cheung called the commutations “a slap in the face to victims and their families.” Texas Republican Chip Roy labeled the decision “unconscionable,” while Arkansas Senator Tom Cotton accused Biden and Democrats of siding with criminals.
Victims’ families also voiced their anger. Heather Turner, whose mother was killed during a 2017 bank robbery, described the decision as a “gross abuse of power” and said the president had disregarded the victims.
Trump’s Push to Expand the Death Penalty
Donald Trump has pledged to reinstate and expand the use of the federal death penalty once he assumes office in January. During his presidential campaign, Trump promised to apply capital punishment to a broader range of crimes, including rape, drug trafficking, and offenses committed by migrants against U.S. citizens or law enforcement.
“These are terrible people responsible for death, carnage, and crime across the country,” Trump said during his campaign, vowing to implement harsher penalties for what he called “heinous acts.”
Historically, Trump revived federal executions during his first presidency, overseeing 13 executions in six months—marking the first time in 130 years that executions occurred during a presidential transition. The executions included Lisa Montgomery, the first woman executed by the federal government since 1953, and Lezmond Mitchell, the only Native American on federal death row.
Challenges to Trump’s Expansion Plans
While Trump cannot reverse Biden’s commutations, his proposed expansion of the death penalty faces significant legal hurdles. The U.S. Supreme Court has previously ruled against applying the death penalty to non-homicide crimes, such as child rape. Additionally, expanding federal capital offenses would require Congressional action, a challenge given the current legislative gridlock.
Trump allies have attempted to push related legislation. Florida Republican Anna Paulina Luna introduced bills in 2024 to include offenses like child pornography and exploitation as capital crimes, but both failed to pass in the House of Representatives.
Experts warn that Trump’s rhetoric could influence state-level executions, where 27 states still maintain the death penalty. Yasmin Cader of the American Civil Liberties Union noted that Trump’s stance might embolden state leaders to adopt more punitive measures.
Public Opinion on the Death Penalty
The American public remains divided on the death penalty. A Gallup poll conducted in October showed that 53% of Americans support capital punishment for convicted murderers, a slight increase from 50% in the previous year.
As Biden’s commutations take effect and Trump prepares to take office, the future of federal executions is poised to spark intense political and legal battles. While Biden’s decision aligns with his administration’s broader efforts to reform the criminal justice system, Trump’s pro-death penalty agenda signals a potential return to more aggressive federal policies on capital punishment.
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