One of the most dramatic acts yet of his presidency, less than two weeks before his term in office was over, President Joe Biden granted commutations for 37 of 40 federal death row inmates. This move has created quite a storm of debate over what the consequences of such a move would look and feel like in the context of the new administration, headed by President-elect Donald Trump, who desires not only to reinstate capital punishment but to expand it. A question now is whether Trump can undo Biden’s commutations, and how?
Biden’s commutation decision
On December 23, 2024, President Biden announced he would commute the sentences of nearly all federal death row inmates to serve life in prison without parole. The move by Biden puts into practical reality his long-time opposition to the death penalty, which he has described as not reflecting American values or being consistent with justice. The three prisoners who remain on death row, Dzhokhar Tsarnaev, Robert Bowers, and Dylann Roof, are convicted of the most heinous crimes with mass violence and terrorism.
Biden’s decision is also being seen as a pre-emptive strike against the expected revival of capital punishment policy by Trump. During his past presidency, Trump oversaw a slew of federal executions in violation of the longstanding tradition of moratoriums on such executions between outgoing and incoming presidents. The commutation of sentence is intended to deny Trump the ability to execute these inmates upon entering the Oval Office.
Trump’s position on capital punishment
The then-president Donald Trump had been a great fan of the death penalty, and one of his promises was to bring back federal executions, an agenda by his administration. He has demonstrated a keen interest in multiplying capital punishment, including crimes that were committed by undocumented immigrants when U.S citizens die in the process. His recent term saw the death of 13 federal inmates at the hands of the Department of Justice, breaking years of silence in active capital punishment practices.
With Trump being so staunchly opposed, there’s speculation he might be able to legally void Biden’s commutations. The power to commute lies with the president, but once a sentence is commuted to life imprisonment without parole, it becomes much more difficult for a later president to turn it back to death.
Legal and political implications
Theoretically, Trump might try to challenge or change policies on capital punishment, but some commutations won’t be as easily undone: Commutations are generally considered final acts that cannot be so easily undone. Legal experts say any attempt by Trump to reinstate death sentences for those inmates could lead to protracted legal battles over executive powers and clemency.
Of course, there is every likelihood for political backlash for Trump in such actions. Many advocates for criminal justice reform and human rights groups hailed Biden’s move as a significant step toward abolition of the death penalty in the U.S., representing a moral commitment to justice and equity. Against this background, any move from Trump to annul the commutations could be depicted as putting punitive measures rather than rehabilitation and social justice.
Public reaction
The public has reacted in mixed fashion to Biden’s commutation decision. To supporters, it was one of the necessary steps toward abolishing the death penalty and righting systemic inequities in the criminal justice system. Critics, including some of the families of victims and Republican leaders, assailed the decision as affronts to justice regarding the victims’ families. They say this undermines accountability for serious crimes and that violent offenders get away with the ultimate punishment.
With his return to office, Trump will have to face not only the challenge of fulfilling his program but also work in the labyrinth created at the last minute by Biden. The debate on capital punishment in America keeps changing, reflecting broader societal discussions about justice, morality, and human rights.
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