A diverse coalition of human rights groups has urged President Joe Biden to take decisive action on the issue of the death penalty, calling on him to commute the sentences of all 40 individuals currently on federal death row. The joint letter, sent to the President on Monday, has garnered support from over 130 organisations, including the ACLU, Brennan Center for Justice, and The Sentencing Project, among others.
These groups commended Biden’s administration for its efforts to address capital punishment, including the imposition of a moratorium on federal executions. They also noted Biden’s public stance against the death penalty, which he advocated for during his 2020 campaign. However, they stressed that more action is necessary to ensure the legacy of the death penalty does not continue under a potential second term of former President Donald Trump.
The letter highlights the alarming reality that Trump’s administration executed more people than the previous ten U.S. presidencies combined. A disturbing trend was the disproportionate number of executions involving people of colour, including six Black men and one Native American. The rights coalition warned that if Biden does not act, Trump could renew the execution spree he initiated, as he has already vowed to do should he return to office.
“President Trump executed more people than the previous ten administrations combined. Of those he executed, over half were people of colour: six Black men and one Native American,” the letter states. It goes on to suggest that Biden’s clemency powers offer the only avenue to prevent a resumption of these executions under Trump’s leadership.
Another key point raised in the letter is the death penalty’s deep historical roots in racial injustice, specifically slavery, lynchings, and white vigilantism. The coalition argues that the practice not only fails to act as an effective deterrent against crime but also undermines public trust in the justice system. The letter from the coalition underscores that the death penalty is a racially biased, outdated, and error-riddled system that ultimately damages the legitimacy of the criminal legal system.
In a separate letter sent to Biden in November, a group of attorneys general and law enforcement officials further supported the call for clemency, emphasising that the death penalty does not contribute to public safety. They argued that it serves no effective purpose in reducing crime and pointed out that its use could potentially erode public trust in the justice system, further alienating citizens from the legal process.
The pressure for Biden to act has intensified following his pardon of his son, Hunter Biden, who was cleared of wrongdoing in any federal crimes he may have committed. Some commentators, such as Matt Bruenig, president of the People’s Policy Project, have directly linked Biden’s inaction on death penalty cases to his broader approach to clemency. He warned that should Biden fail to act, Trump would likely resume executions with even more vigour, and the responsibility for these executions would fall at least partially on Biden’s shoulders.
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“Trump’s actions would be his responsibility, but if Biden does not act to prevent it, his hands will be bloody too,” Bruenig wrote.
Rep. Ayanna Pressley (D-Mass.) has been particularly vocal on this issue. In a statement over the weekend, she urged President Biden to utilise his clemency powers to “change lives for the better,” focusing on groups such as those unjustly sentenced, the elderly, and people on death row. She was among more than 60 members of Congress who signed a letter last month calling on Biden to intervene in such cases.
Biden’s record on clemency has been relatively modest, with only 161 petitions granted to date—fewer than both President Obama and President Trump during their time in office. However, Biden did grant full pardons to all U.S. citizens convicted of simple federal marijuana possession in 2022, which was met with widespread approval. White House press secretary Karine Jean-Pierre has suggested that more clemency announcements are expected toward the end of Biden’s current term.
The calls for clemency in death penalty cases come amid growing concern about the future of the U.S. criminal justice system, especially should Trump return to power. The coalition’s letter serves as a powerful reminder that the President still has an opportunity to halt a potential new wave of executions before his term concludes. The outcome of this debate could have lasting implications for both the justice system and the lives of those on federal death row.
