Biden gives life in prison to 37 of 40 federal death row inmates before Trump can resume executions

President Joe Biden on Monday announced that he is commuting the sentences of 37 of the 40 people on federal death row, converting their punishments to life imprisonment just weeks before President-elect Donald Trump, an outspoken proponent of expanding capital punishment, takes office.

The move spares the lives of people convicted in killings, including the slayings of police and military officers, people on federal land and those involved in deadly bank robberies or drug deals, as well as the killings of guards or prisoners in federal facilities.

The decision leaves three federal inmates to face execution. They are Dylann Roof, who carried out the 2015 racist slayings of nine Black members of Mother Emanuel AME Church in Charleston, South Carolina; 2013 Boston Marathon bomber Dzhokhar Tsarnaev; and Robert Bowers, who fatally shot 11 congregants at Pittsburgh’s Tree of life Synagogue in 2018, the deadliest antisemitic attack in U.S. history.

“I’ve dedicated my career to reducing violent crime and ensuring a fair and effective justice system,” Biden said in a statement. “Today, I am commuting the sentences of 37 of the 40 individuals on federal death row to life sentences without the possibility of parole. These commutations are consistent with the moratorium my administration has imposed on federal executions, in cases other than terrorism and hate-motivated mass murder.”

Reaction was strong, both for and against. A Trump spokesperson called the decision “abhorrent.”

“These are among the worst killers in the world and this abhorrent decision by Joe Biden is a slap in the face to the victims, their families, and their loved ones.” said Trump spokesman Steven Cheung. “President Trump stands for the rule of law, which will return when he is back in the White House after he was elected with a massive mandate from the American people.”

Heather Turner, whose mother was killed during the 2017 robbery of a Conway, South Carolina, bank, blasted the decision in a social media post, saying Biden didn't consider the victims of these crimes.

“The pain and trauma we have endured over the last 7 years has been indescribable,” Turner wrote on Facebook, describing weeks spent in court in search of justice as “now just a waste of time.”

“Our judicial system is broken. Our government is a joke,” she said. “Joe Biden’s decision is a clear gross abuse of power. He, and his supporters, have blood on their hands.”

Some of Roof's victims supported Biden's decision to leave him on death row.

Michael Graham, whose sister Cynthia Hurd was killed by Roof, said Roof's lack of remorse and simmering white nationalism in the U.S. means Roof is the kind of dangerous and evil person the death penalty is intended for.

“This was a crime against a race of people who were doing something all Americans do on a Wednesday night — go to Bible study,” Graham said. “It didn’t matter who was there, only that they were Black.”

The Biden administration in 2021 announced a moratorium on federal capital punishment to study the protocols used, which suspended executions during Biden's term. But Biden actually had promised to go further on the issue in the past, pledging to end federal executions without the caveats for terrorism and hate-motivated, mass killings.

While running for president in 2020, Biden's campaign website said he would “work to pass legislation to eliminate the death penalty at the federal level, and incentivize states to follow the federal government’s example.”

Similar language didn't appear on Biden's reelection website before he left the presidential race in July.

“Make no mistake: I condemn these murderers, grieve for the victims of their despicable acts, and ache for all the families who have suffered unimaginable and irreparable loss,” Biden's statement said. “But guided by my conscience and my experience as a public defender, chairman of the Senate Judiciary Committee, vice president, and now president, I am more convinced than ever that we must stop the use of the death penalty at the federal level.”

Trump, who takes office on Jan. 20, has spoken frequently of expanding executions. In a speech announcing his 2024 campaign, Trump called for those “caught selling drugs to receive the death penalty for their heinous acts.” He later promised to execute drug and human smugglers and even praised China's harsher treatment of drug peddlers. During his first term as president, Trump also advocated for the death penalty for drug dealers.

There were 13 federal executions during Trump's first term, more than under any president in modern history.

Biden faced recent pressure from advocacy groups urging him to act to make it more difficult for Trump to increase the use of capital punishment for federal inmates. The president's announcement also comes less than two weeks after he commuted the sentences of roughly 1,500 people who were released from prison and placed on home confinement during the COVID-19 pandemic, and of 39 others convicted of nonviolent crimes, the largest single-day act of clemency in modern history.

The U.S. Conference of Catholic Bishops, which has long called for an end to the death penalty, said Biden's decision is a “significant step in advancing the cause of human dignity in our nation” and moves the country “a step closer to building a culture of life.”

Martin Luther King III, who publicly urged Biden to change the death sentences, said in a statement shared by the White House that the president “has done what no president before him was willing to do: take meaningful and lasting action not just to acknowledge the death penalty’s racist roots but also to remedy its persistent unfairness.”