The decision of President Joe Biden to clear the federal death row has caused an uproar in some quarters and praise in others. There are good-faith arguments on both sides. However, there was a curious element to the Biden pardons for 37 people on death row. There were 40 people on death row. Three remain.
In making the announcement, President Biden declared that he had sympathy for the families of the victims:
“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. In good conscience, I cannot stand back and let a new administration resume executions that I halted.”
It was an odd statement because, for most of his career, Biden was an advocate of capital punishment. Indeed, in 1991, when Biden was still positioning himself for a run for the presidency, he condemned President George HW Bush’s Justice Department for being soft on crime and not sending enough people to death row: “He’s only four times a year put someone in prison for life and only once gotten the death penalty.”
Previously, Biden showed the same fervor in demanding the death penalty. In 1992, he bragged that his sponsored crime bill included new death penalty offenses and did “everything but hang people for jaywalking.”
Of course, Biden can claim that he has finally seen the light at the very end of his political career. Yet, his sweeping declaration does not match up with the scope of his commutations.
It will not stop the death penalty or prevent the executions on death row. Three remained: Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers.
It was vintage Biden: a sweeping claim of principles that ignores the exceptions. He is opposed to the death penalty and wants to stop it entirely, except for three of the most unpopular people scheduled for execution.
For the families, the distinction is a precious one. It includes
•Brandon Council who murdered two in a bank robbery.
• Edward Leon Fields, Jr. who stalked and killed an older couple camping in the Winding Stair Mountains in Oklahoma like game.
• Len Davis, a former New Orleans police officer, who killed a woman who filed a civil rights complaint against him. Davis was known as the “Desire Terrorist” who led a criminal gang that protected criminals and locked up innocent people.
• Brandon Basham and Chadrick Fulks who were sentenced to death after escaping from prison and kidnapping and killing 44-year-old Alice Donovan and 19-year-old Samantha Burns. Donovan was raped and Burns was never found.
• Marvin Charles Gabrion II who sexually assaulted and murdered Rachel Timmerman before the nineteen-year-old was scheduled to testify against him. She disappeared with her eleven-month-old baby, Shannon, who was also presumably murdered by Gabrion who threw Timmerman’s body into a lake.
• Daniel Troya and Ricardo Sanchez Jr. who killed a family of four, including two children aged four and three in West Palm Beach, Florida, in 2006.
The point is not that Biden’s current stance against the death penalty is manifestly wrong. Rather, these cases are also considered horrific. The question is the principled line of separation for Biden who stated a desire to end all executions but then exempted some death row inmates from his sweeping commutations.
It is classic Biden. Sweeping in its claim, but conflicted and qualified in its application. He wants to end executions except for a select few without explaining the principled basis for the distinction. Even in the final days of his presidency and political career, principle still seems awkward and incomplete for Biden.
Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”
Does anyone really believe he is the one making the decisions?
The words Principle and Biden do not even belong in the same paragraph much less the same sentence. He picked his staff and whether it’s him or his staff making these decisions matters little. I hope the 81 million “voters” who supposedly put him in office in 2020 hang their heads in shame.
As far as the Republicans are concerned I would start making short videos of the crimes of each of the 37 killers who had their sentences commuted, put then into the can and bring it out in 2026, with the heading “Sentence commuted by President Joe Biden, Democrat” . That should be the lead ad of that year’s election. I’m sure there will be more to come.
The democrats and the increasing numbers of recent discoveries are already making the case against them for 2026.
No one should give Mr Biden any sympathy because of his dementia. Dementia often just magnifies the shortcoming of an individual’s personality. A snake is still a snake even if demented. His staff reflects that and his wife and son even more.
I’l save my sympathy for the families of the victims of these commuted criminals. They likely feel that they have been victimized again and they don’t deserve this.
Contrary to Prof Turley’s claim there is not a principled argument for a president choosing to invalidate federal law by fiat. This is not what the pardon power is supposed to be used for. I would like to think there will be a bipartisan push to limit the pardon power in the future to prevent the power from being used in such a grotesque manner, but in our current climate too many Dems will support Biden’s move because that;s what you do — support your team.
Will the White House confirm (the occupant slug living there is incapable of confirming anything….) whether the “Butcher of Ft. Hood,” radical Muslim Nidal Hasan, remains on death row or whether his sentence has also been commuted? Recall that there are still 27 spitting days remaining for the slug (and/or his handlers) to expectorate on the United States of America and its people.
if Republicans had any guts….Biden and his people would be in jail and not IN POWER!
Democrats are evil…that is clear. and GOP are WORTHLESS!
I have followed you for years and respect your opinions. I am extremely disappointed that in this essay you did not address whether “Biden” is competent to issue these pardons. Please supplement this commentary with an analysis of whether “Biden” is competent to issue pardons.
DEar Prof Turley,
Have you seen President Biden lately? Word on the street is Biden can barely speak and is playing with his own poo. Hunter/Dr. Jill have POA and are making all the decisions. .. behind the scenes..
Like the ‘kids for cash’ deal. If someone were to investigate, burp, one might find Joe&Jim practically invented the ‘for profit’ prison system – that is; the system that provides economic incentives to lock people up.
*imo, for-profit prisons violate both the letter and spirit of the constitution.
Merry Christmas, Turley…
Hey, I find Biden’s more nuanced approach to the realities of the death penalty far more compelling than your criticism of it. Biden has to actually govern, you just have to shill for a right wing, Russian propaganda driven network after all. So props to Biden for being willing to try to ammendment some of his past actions around capital punnishment.
At least we know Biden isn’t selling pardons like the guy you shill for will quickly get back in the business of once formally entering office again….
Wasn’t around here for the last few days…, let me guess, there were a bunch of magats fully expressing their pride in Matty gaetz’s ability to pull 17 year Olds while being coked up? Maybe rolling some ecstasy? Love the special email Addy for scoring some tree!! Now that’s who should’ve led DOJ!!!
It is easy to sit back and say your leftist views under no name. If you supported the idiocy that has been in power for the last four years, you do not understand the principles this country was founded upon. Decisions made by this regime are being made by unelected persons. Biden has done nothing for 50 years in public office other than take taxpayer funds and bribes from Ukrainian thugs and the Chinese.
Biden’s entire presidency reflects decisions being made by someone that hates this country. Does Biden hate this country? Anyone in his family have reason to hate this country? Who is leveraging the Biden’s extensively evidenced criminal dossier? 44?
In case you’re wondering Biden family, this will not get your corrupt elderly family member into Heaven. There’s only one way – and this ain’t it.
* yeah, but the think they’ll be rich in hell. Not for long….chum
I am assuming (I am not an attorney so I don’t know if this can be done) that these Federal death penalty cases were ceded to the Feds by the states because the Feds had the bigger stick to punish them. Could these criminal dregs now be tried on state charges of murder in the 1st degree and be tried in the individual states that these murders occurred? There is no statute of limitations on murder. And if the crime occrred in a death penalty state, that state upon conviction, could then execute these murderers. Im sure Pres. Trump would approve transfer of these criminals to the death penalty states to see that justice, while delayed, is not denied.
“Capital” suggestion.
Commuting a death sentence usually requires something other than the vague and ambiguous power of a politician leaving office. Old age, terminal illness, exemplary behavior while in prison could be a reason but it doesn’t mean it’s automatic. None of the prisoners in this instance meet any of those hurdles and no one including Biden himself examined the fact based records of these criminals. I am hoping Trump will revoke these acts by an angry senile man hopelessly looking for an 11th hour legacy in all the wrong places. They should all be returned to death row.
Good article. The exceptions for terrorism and hate crimes are not explained. So a black man convicted of killing one white man in a racist hate crime would not have his sentence commuted while a white serial rapist killer of children would. This doesn’t make sense even under progressive logic.
“progressive logic” is an oxymoron like “jumbo shrimp” or “preliminary conclusion.”
A young female sailor was found dead stuffed into a wall locker aboard a US Navy ship.
Command authorities decreed it a suicide but some hard nosed NCIS Special Agent refused to have it and worked the investigation tirelessly and ultimately identified the killer who was himself a member of the crew. He was found guilty of the murder of the young woman AND other murders. Those NCIS Agents, the Prosecutors, and the Juries, and the Judge did what was right and the Killer was sentenced to death in Federal Court.
Joe Biden commuted his sentence.
Well….someone pushing a radical Leftist Agenda did so using Joe Biden’s name.
Two Killers of Blacks and the surviving Boston Marathon Bomber did not have their Sentence commuted.
Plainly, a political decision and nothing to do with the merits of the Killer’s cases.
The media will list their names…some give a very shallow summary of their crimes….none of the accounts tell you the gory horrible truth of the crimes these murdering Killers committed.
One victim….three years old and strapped into a Kiddy Seat in a car…riddled with bullets and another a twelve year old boy brutally treated until his throat was slit. The list goes on…..and Joe Biden commutes their sentence….really?
What should be done is show the photos of the crime scenes and victims and let the People consider the rightness of the commutations.
Life in prison without Parole does not fit some crimes…..as some warrant the ultimate punishment carried out in a prompt and efficient manner.
Yet…still….the Democrats and the media, but then I repeat myself, attempt to tell us all about how Trump is the threat to our justice system and democracy. The Democrats just don’t get it…..their agenda is dead wrong for American, destroys the rule of law, and poses a mortal threat to the ordinary American Citizen. Think not….how about the Illegal Immigrant that set fire to a sleeping woman on the New York City Subway….killing her.
Congratulations Democrats you’re embracing, supporting, promoting illegal immigration and coddling of violent offenders, your sanctuary Cities and States.. weak on crime policies are going to be destroyed in the next four years….count on it.
As usual, I differ with the Good Professor on the merits of the argument.
This is not a philosophical discussion about some theoretical matter….this is about horrendous crimes that defy explanation, cannot be mitigated, and provide society more than ample justification and reason to extract retribution, punishment, and even revenge against those who perpetrated these crimes…..not commutation of sentence. Had it been a principled decision then all of the condemned would have been the recipients of the action but as we know that did not happen and we know why….it was a political calculation by unknown and un-named individuals advancing their radical agenda during the final days during which they have the ability to do so.
They are ones that need to be exposed and if a crime can be proved…be fully prosecuted and convicted .
The Victims of these Killers deserve no less.
The Sin of this is the Killers, everyone of them want to live…..exactly as their Victims did.
The Killers denied that Right to their Victims….the Government should have done exactly the same to them except do so in full respect for their legal rights….as upon killing others they forfeited their own right to live as was confirmed by the prosecution, convictions, and appeals.
Under Joe Biden’s signature he demonstrated the Democrats rejection of the Rule of Law.
How one can claim affiliation to the Democrat Party as it has become today defeats my understanding of principled people that do.
With his legacy in shambles and his mind awash in the throes of dementia, there is nothing left of Joe Biden. The man the media made is long gone – and so are his makers, the CNN and MSNBC hosts, and his incompetent cabinet heads who told us how sharp he was when there was no more lead in his pencil. The only good to come from Biden’s pardons could reflect on his son’s wrongdoing and his future testimony about the family’s cartel operations. Each of the pardoned murderers is still eligible to be prosecuted under state law. Murder has no statute of limitation.
If Hunter Biden intends to invoke a Fifth Amendment privilege if called to testify, it can only be based on potential incrimination under state law since he’s been immunized for all crimes committed against the United States. If the states decide to bring criminal charges of murder against the killers that Biden set loose, it could lend credence to Hunter’s claim that he indeed may have state law liability to justify claiming the Fifth. On the other hand, if the states decide not to prosecute the killers under their state laws, Hunter’s excuse to justify the Fifth may not prevail.
It’s somewhat ironic and a bit of karma that murderous villains might be the undoing of the biggest elected crime family in the nation’s history. Especially since the family don set them free!
You’re perpetuating the fiction that he’s making any decisions at all. It should be referenced as the “Biden” administration, with the scare quotes. A coterie of staff and puppeteers are making the decisions, decisions that will haunt the Democratic Pary for decades, in the unlikely event that it continues to exist beyond the next six months. Hyphenated hybrids are about to spring up and gain currency, as the Divisive Party finally divides itself.
A coterie of staff and puppeteers are making the decisions, decisions that will haunt the
Democratic Pary for decadesUnited States of America …The damage Biden’s handlers did is literally irreparable. Children were ruined developmentally, emotionally, physically, intellectually by a coterie of staff and puppeteers (excellent choice of words, by the way).
Students who experienced college under COVID are now either college drop outs / graduates or professional / graduate students – I interact with the latter group. This last semester was horrific in my observations of what has come my way at a state university in medicine and STEM disciplines. Interpersonal skills approach negative infinity. Intellectual heft is the rare exception. Complacency, lack of drive, what Twelve Step programs call the “Φυcκ its” attitude are common. Gravitas does not appear aplenty. There exists minimal passion for goals and rewards that come from delayed gratification. Worse are their parents who have abdicated their responsibilities to form the conscience of their children. A child raised in the ways of the Lord will stand fast against the worldly teachings of relativism and mediocrity that bathe our society.
Biden’s handlers took advantage of the sheeple and slaughtered them. With the plunging birth rate, it will be a long time until a salubrious, hearty stock of offspring replace the current damaged crop of Americans.
Kyrie eleison
II. The Formation of Conscience
1783 Conscience must be informed and moral judgment enlightened. A well-formed conscience is upright and truthful. It formulates its judgments according to reason, in conformity with the true good willed by the wisdom of the Creator. the education of conscience is indispensable for human beings who are subjected to negative influences and tempted by sin to prefer their own judgment and to reject authoritative teachings.
1784 The education of the conscience is a lifelong task. From the earliest years, it awakens the child to the knowledge and practice of the interior law recognized by conscience. Prudent education teaches virtue; it prevents or cures fear, selfishness and pride, resentment arising from guilt, and feelings of complacency, born of human weakness and faults. the education of the conscience guarantees freedom and engenders peace of heart.
1785 In the formation of conscience the Word of God is the light for our path,54 we must assimilate it in faith and prayer and put it into practice. We must also examine our conscience before the Lord’s Cross. We are assisted by the gifts of the Holy Spirit, aided by the witness or advice of others and guided by the authoritative teaching of the Church.55
https://www.vatican.va/content/catechism/en/part_three/section_one/chapter_one/article_6/ii_the_formation_of_conscience.html
+1
thanks Darren for fixing my HTML coding error
The concept of principle has always been foreign to President Biden. His guiding light has always been self-interest even to the very end.
Commuting the DEATH PENALTY for miscreants who murdered children is a travesty.
Biden* just signed the papers he was handed, he had no thought processes about this or the 1500 pardons he gave out. Senility means others make the decisions.
Yeah, and the pardon for the Kids For Cash judge, out of Pennsylvania.
https://www.theguardian.com/us-news/2024/dec/14/kids-for-cash-judge-biden-pardon
Child traffickers are an important part of the Democrat’s constituency.
He’s sticking it to everyone. Him and Dr. Jill must be chuck full of vitriol. The sense of revenge and hatred must be unbearable for these two.