In an unprecedented rate of clemency, former President Joe Biden granted 8,064 pardons during his tenure, with a substantial number targeting nonviolent offenses, particularly those linked to marijuana possession.
Biden's approach is distinguished by both the volume of pardons issued and the types of acts they address, aiming to reform how certain nonviolent offenses are treated in the United States, as the Daily Mail reports.
The former president, at 82, used his presidential power of pardon extensively, marking the second-highest number in history following Jimmy Carter's significant action. Carter granted clemency to over 200,000 individuals who avoided the draft during the Vietnam War, reflective of another era's political climate and societal needs. By comparison, other presidents have used this power less frequently.
Donald Trump, for example, issued 237 in his first term and culminated his tally with more than 1,700 pardons and commutations. Barack Obama, noted for his use of clemency powers, still only reached 1,927, the most for any two-term president since Franklin D. Roosevelt.
A considerable portion of Biden's pardons were rooted in his policy to address nonviolent offenses, with 6,500 pardons specifically relating to those charged with marijuana possession. This move aligns with Biden's broader criminal justice reform goals, underscoring a significant shift in how such offenses are viewed legally and socially.
Critically, Biden exercised his presidential prerogative in the last hours of his term to provide pre-emptive pardons to members of his family. These pardons, which drew considerable public scrutiny, were extended to his brother James B. Biden, sister Valerie Biden Owens, and others, shielding them from legal challenges related to nonviolent actions since 2014.
Biden justified these actions by highlighting the political attacks aimed at his family, which he described as driven by a partisan agenda. This captured the longstanding tension between familial loyalty and public duty, a recurring theme in American political life.
The decision to pardon family members sparked fierce criticism from both political commentators and the public. Former Obama adviser David Axelrod commented harshly, describing the timing of these acts as poorly executed as they were done just minutes before Trump assumed office. Axelrod’s remarks reflect broader discontent with the perceived lack of transparency and accountability associated with these last-minute decisions.
Another significant aspect of Biden's clemency record is the diversity of the individuals who benefited from his lenient approach. Beyond family, his pardons extended to notable public figures like General Mike Milley, Dr. Anthony Fauci, and Liz Cheney, indicating a willingness to address politically sensitive cases tied to national security and public health challenges.
The critical lens applied to Biden's clemency acts also increased when his son, Hunter Biden, became a pardoning recipient in December. Despite earlier promises to abstain, Biden's ultimate decision was influenced by the complex legal challenges Hunter faced at the time.
Biden's policies also saw a remarkable number of sentence commutations. Over a single day in December of the previous year, he commuted nearly 1,500 sentences, a record-setting move in modern presidential history. Commutations offer a reduction in the term of imprisonment but do not nullify the conviction itself.
Some of these clemency decisions met with severe backlash, especially pointed criticism concerning Marvin Gabrion, whose sentence for the brutal 1997 crimes of rape and murder was reduced. This act drew public rebuke, including from the victim's father, illustrating the emotive and often divisive nature of presidential clemency.
While Biden's extensive use of pardons and commutations might be lauded for helping individuals with minor offenses, it cannot escape the shadow of controversy. This complex narrative adds to the debate on how U.S. presidents balance justice, mercy, and political repercussions in their use of this potent prerogative.
