President Biden is reportedly considering replacing existing federal death sentences with life imprisonment.
The Washington Post reports that President Biden is considering commuting the sentences of 40 federal death row inmates before leaving office, according to sources familiar with the matter.
The Post stated that if President Biden proceeds, the death sentences would be commuted to life imprisonment without parole.
This action, according to the WaPo, would hinder President-elect Trump’s ability to resume the high rate of executions that characterized his first term.
Thirteen federal executions occurred during Trump’s first term, compared to none under Biden. Abolishing the federal death penalty was a campaign promise of President Biden.
Trump pledged to reinstate executions during his presidential campaign, stating at an October rally, “I am hereby calling for the death penalty for any migrant that kills an American citizen or a law enforcement officer.”
Sources indicate that Biden’s decision could be announced before Christmas.
The sources added that the key question is whether the president should grant a blanket commutation or make exceptions for inmates convicted of the most serious crimes.
According to informed sources, Attorney General Merrick Garland suggested that Biden maintain capital punishment for a select group of inmates convicted of terrorism and hate crimes.
Potential exceptions could include Dzhokhar Tsarnaev (Boston Marathon bombing), Robert Bowers (Tree of Life synagogue shooting), and Dylann Roof (Charleston church shooting).
The Washington Post reported that Republicans are strongly opposed to Biden commuting the death sentences.
Senate Minority Leader Mitch McConnell stated that such a move would prioritize progressive politics over the lives taken by these murderers, adding that it would subordinate society’s condemnation of white supremacy and antisemitism to legal technicalities.
Biden’s potential commutation would only affect the 40 inmates on federal death row. He lacks authority over the approximately 2,200 prisoners sentenced to death by state courts.