Biden sets presidential record on pardons and clemency
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President Biden on Monday added to his record for the most pardons and sentence commutations in a single presidential term when he issued preemptive pardons to protect his family and others before leaving office.
Why it matters: Public attitude on criminal justice and prosecutions for non-violent crimes has shifted dramatically in recent decades. While much of Biden's legacy is set to be eroded by President-elect Trump, his use of presidential clemency power could be remembered.
The latest: On Monday, he pardoned relatives and potential GOP political targets, moments before leaving office.
- He pardoned his brothers, James and Francis Biden, his sister, Valerie Biden, and their spouses.
- He also issued preemptive pardons for Dr. Anthony Fauci and members of the House Jan. 6 committee after President-elect Trump has repeatedly threatened to investigate or jail his political enemies.
State of play: After Biden in a shocking move pardoned his son Hunter last year following his conviction on federal gun charges, Democratic and Republican lawmakers re-upped pardon requests.
Context: The thousands pardoned on Friday were "serving disproportionately long sentences compared to the sentences they would receive today," Biden's statement said.
- In 2022, Attorney General Merrick Garland issued a memo to federal prosecutors to end sentencing disparities that led to the disproportionate incarceration of Black people in cases involving crack and powder cocaine.
As of early December, Biden had issued 26 pardons, a record low, and commuted 135 sentences.
- Later that month, he commuted the sentences of 1,500 Americans in a single-day record.
What they're saying: Criminal justice advocacy organizations applauded Biden's action on Friday.
- "Cruel and excessive prison sentences that have overwhelmingly harmed Black communities have been the cornerstone of federal drug policy for generations," Kara Gotsch, executive director of the Sentencing Project, said in a statement.
- "Today's commutations from President Biden are a welcome relief for countless families who have endured punishments for their loved ones that far exceed their utility."
- "Too often, our criminal justice reforms only apply to the law going forward, leaving behind the very people and injustices that moved us to change," said a statement from FWD.us, an immigration and criminal justice reform organization.
Zoom out: Presidents tend to hand out more pardons during their final weeks in office.
- President-elect Trump, during his first term, quadrupled his number of pardons in his last few weeks in office, including to some allies, like his former chief adviser Steve Bannon.
- Biden's Friday statement said he'd continue to review additional commutations and pardons.
Go deeper: Biden has some catching up to do on pardons
Editor's note: This story has been updated with details from Monday's pardons.
